Affiliate Agreement

Last Updated on August 23, 2022

As a Small Business Growth Community LLC(hereinafter referred to as “SBGC”) Affiliate, you have the opportunity to earn money from (i) commissions for SBGC accounts that you sell to other users, and (ii) bonuses when the people you sell to sell to others. This Agreement sets forth your rights and obligations as a SBGC Affiliate. By clicking “I Agree,” you indicate that you have read and understood this Agreement and you will be bound by its terms.

1. PARTIES. All references to “SBGC” herein mean and refer to NAME OF COMPANY, doing business as SBGC, and NAME OF COMPANY’s owner(s), parent company(ies), affiliate entities, and employees, and assigns, if any. All references to “you” and “your” mean and refer to that SBGC Affiliate who has executed this Agreement by clicking “I Agree.” SBGC and you are each referred to herein as a “Party,” and collectively as the “Parties.”
2. INDEPENDENT CONTRACTOR. you are an independent contractor of SBGC. It is the express understanding and intention of the Parties that no relationship of master and servant or principal and agent shall exist between SBGC and you by virtue of this Affiliate Agreement.
3. TERM AND TERMINATION. your contract with SBGC begins when you click “I Agree,” and will continue month-to-month until either:
4. SBGC cancels your account due to your breach of any of the terms of this Agreement. In the event this Agreement is cancelled due to your breach, you forfeit all Commissions and Bonuses owed to you or that may in the future be owed to you.

or

1. SBGC or its successors or assigns, in its sole and absolute discretion, cancels your Affiliate Agreement. In the event that SBGC or its successors or assigns cancels your Affiliate Agreements, you will first receive thirty (30) days’ written notice, sent to the e-mail address you provided SBGC and that is associated with your Affiliate profile.
2. COMPENSATION.
3. COMMISSIONS. After you click “I Agree” to the terms of this Agreement, you will receive a unique Affiliate URL, which you will use to advertise SBGC. When another person (a “Prospect”) clicks through that URL, a cookie (or similar tracking technology (hereinafter “Cookie”)) will be set in the Prospect’s browser. When the Prospect creates a SBGC account by using your Affiliate Link, the Cookie on the Prospect’s browser, corresponding to your unique URL, registers a “Sale,” and each such account is a “Sold Account.” In the event a Prospect has multiple Affiliate Cookies, the most recently-acquired Cookie will determine which Affiliate is credited with a Sale. you will be paid a commission for each account that generates a total of $50 per month in payout. The Commission amount varies by product that is outlined in your affiliate area. Commission payments will be made to you on or before forty-five (45) days following SBGC’ receipt of payment for a Sold Account, subject to the other terms set forth herein.
4. TAXES. Before you can be paid any Commission or Bonuses, you must provide SBGC a completed W-8 or W-9, as instructed by SBGC. you will be deemed to have permanently waived all rights to Commissions or Bonuses that were earned more than 120 days before submitting a completed W-8 or W-9 to SBGC. you are responsible for any and all tax liabilities, including without limitation income tax liabilities that arise from or in any way relate to any commissions or bonuses you receive from SBGC. If you are not a resident of the United States, SBGC may withhold tax (including without limitation VAT) where required to by applicable law. Where SBGC is required to withhold tax, SBGC will document such withholding.
5. MINIMUM COMMISSION AND BONUS PAYMENT. your combined commission and bonus amount must equal or exceed Fifty and 00/100 Dollars ($50.00) before you receive a payment from SBGC. If your combined commissions and bonuses for a given month are less than $50.00, your commissions and bonuses will be held until your combined commissions and bonuses equals or exceeds $50.00.
6. COMMISSION AND BONUSES PAID FOLLOWING LEGITIMATE SALE. Commissions and Bonuses are paid only for transactions that actually occur between SBGC and a Sale or a Legacy Sale. If the transaction does not actually occur, or if payment from a Sale or Legacy Sale is not actually received by SBGC, you will not paid a Commission or Bonus on the transaction. If payment for a Sold Account or a Legacy Account later results in a refund or charge-back, and if a commission or bonus was paid to you for that Sold Account or Legacy Account payment, then the commission or bonus will be deducted from your future commissions. If SBGC determines, in its reasonable discretion, that any Sale or Legacy Sale was procured fraudulently or as a result of any violation of this Agreement, no Commission or Bonus will be paid for such Sale or Legacy Sale. If any Commissions or Bonuses are paid for a Sale or Legacy Sale that was produced fraudulently or as a result of any violation of this Agreement, and the fraud or violation is discovered by SBGC after payment, such payment amounts shall be deducted from your future commissions and bonuses.
7. U.S. DOLLARS. All commissions are paid in US Dollars via PayPal or check.
8. MARKETING AND RECRUITING.
9. TRUTHFUL. Anything you communicate in marketing or advertising any SBGC service or opportunity must be true and accurate. Claims that relate to any SBGC service or opportunity that are untrue or fraudulent are strictly prohibited. you may not claim that any government, person, or entity endorses or supports SBGC. you may not use the intellectual property of any other person or entity in advertising any SBGC service or opportunity.
10. NON-DISPARAGEMENT. you are not permitted to disparage the products of services of any other person or entity, including without limitation the products or services of a competitor of SBGC.
11. INVENTORY LOADING/REBATES. you will not be paid any Commission or Bonus for payments made on your own User Account(s). you are not permitted to open a SBGC account under the name of another person or entity, or under a fictitious name. you are not permitted to open a SBGC account under any name merely for the purpose of obtaining Commissions, Bonuses, or any other compensation, including without limitation incentives or prizes which may be offered from time to time. you may not pay for another person’s account. you are not permitted to offer cash rebates or other monetary incentives to actual or potential Sales or Legacy Sales. Violation of this paragraph shall constitute a material breach of this Agreement, and you agree to repay to SBGC all Commissions and Bonuses earned as a result of any such violation.
12. INCOME CLAIMS. If your recruiting efforts include claims related to the potential income a SBGC Affiliate can make, or if you make reference to income you have made, or if you make reference to any lifestyle opportunities you have because of SBGC, the following guidelines must be adhered to:
13. your statements must be completely true and accurate and supported by evidence;
14. If you use a hypothetical scenario, you must clearly label it as a hypothetical scenario; and
15. your statements must be accompanied by the SBGC earnings disclosure statement.
16. SBGC’ INTELLECTUAL PROPERTY. No logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information (collectively, the “SBGC Intellectual Property”) owned by SBGC or any of SBGC’s affiliates may be used, copied, or reproduced by you except as set forth in writing by SBGC. No SBGC Intellectual Property (or any mark confusingly similar to any SBGC Intellectual Property) is to be advertised, listed for sale, registered as a domain name, or otherwise displayed by you in any fashion, including, without limitation, on any Internet website.
17. RELEASE/AUTHORIZATION TO USE PHOTOGRAPHS. you grant SBGC permission to use any and all photographs taken by SBGC or its agents or employees, or submitted by you to SBGC (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of SBGC or any product or service sold and marketed by SBGC. you agree that this authorization to use Photographs may be assigned by SBGC to any other party. you agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in SBGC’ sole discretion. you agree not to charge a royalty or fee, and not to make any other monetary assessment against SBGC in exchange for this Release and Assignment. you hereby release and forever discharge SBGC from any and all liability and from any damages you may suffer as a result of the use of the Photographs. you further acknowledge and agree that this Release is binding upon your heirs and assigns. you agree that this Release is irrevocable.
18. PROHIBITED ACTIVITY. SBGC has the right to terminate this Agreement at any time if you engage or have ever engaged in any of the following:
19. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to SBGC’s reputation; and the violation of the rights of SBGC or any third party.
20. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to SBGC’s reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
21. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.
22. INDEMNITY. you agree to protect, defend, indemnify and hold harmless SBGC, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of your conduct. your indemnity obligation includes, but is not limited to, any third-party claim against SBGC for liability for payments for, damages caused by, or other liability relating to you.
23. NO WARRANTY; NO LEADS. SBGC does not promise, guarantee or warrant your business success, income, or sales. you understand and acknowledge that SBGC will not at any time provide sales leads or referrals to you. Additionally, SBGC’ WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SBGC MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY SBGC WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. SBGC MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY SBGC WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY SBGC WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY SBGC’ WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY SBGC’ WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
24. LIMITATION OF LIABILITY. YOU AGREE THAT IN NO EVENT SHALL SBGC’ LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIIMES THE COMMISSIONS AND BONUS PAYMENTS PAID TO YOU FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST SBGC OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
25. FORCE MAJEURE. SBGC will not be responsible to you for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of SBGC. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. SBGC shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
26. ASSIGNMENT. SBGC may assign its rights under this Agreement at any time, without notice to you. your rights arising under this Agreement cannot be assigned by without SBGC’ or its assigns express written consent.
27. ARBITRATION, GOVERNING LAW, AND ATTORNEYS’ FEES.
28. ARBITRATION. Any claim or grievance of any kind, nature or description that you have against SBGC including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Hillsborough County, Florida. you agree not to file suit against SBGC or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by you and SBGC. In the event that you and SBGC are unable to reach agreement on an Arbitrator, you and SBGC will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Hillsborough County, Florida. The arbitrators selected by you and SBGC will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on you and SBGC and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.
29. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Florida without regard to any choice of law provisions.
30. WAIVER OF CLASS ACTION CLAIMS. you understand and agree that you will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim you have against SBGC to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against SBGC may not be joined or consolidated with claims brought by anyone else.
31. LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
32. INJUNCTIVE RELIEF. Nothing in this Agreement prevents SBGC from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect SBGC’ rights prior to, during, or following any arbitration proceeding.
33. ATTORNEYS’ FEES. you agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either your or SBGC commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.
34. ENTIRE AGREEMENT. This Agreement, along with SBGC’ standard Terms and Conditions represents the entire agreement between the Parties and supersede any other written or oral agreement between the Parties as pertaining to your rights and responsibilities as a SBGC Affiliate.
35. MODIFICATION/AMENDMENTS. This Agreement and SBGC’ standard Terms and Conditions may be modified by SBGC at any time, with or without prior notice to you. Amendments or Modifications to this Agreement or the Terms and Conditions will be binding on you when they are sent to you via e-mail, or are posted on SBGC.com. No amendment to this Agreement or the Terms and Conditions shall be valid unless authored or signed by SBGC. your continued acceptance of Commission or Bonus payments constitutes your acceptance to any modifications or amendments to this Agreement.
36. NO WAIVER. No waiver by SBGC of any right reserved or granted to SBGC under this Agreement shall be effective unless the waiver is in writing and signed by an authorized representative of SBGC.
37. NOTICE. Any notice required to be given to SBGC under or related to this Agreement shall be in writing, addressed as follows:

Small Business Growth Community LLC

4532 W Kennedy Blvd #183

Tampa, FL 33609

e-mail : su*****@sm*****************.org

SBGC will send notices to you at the e-mail address you provided to SBGC. Any notices shall be deemed delivered to you when sent by SBGC. you are solely responsible for addressing any technical failures related to your e-mail address or server, and for reading any e-mail sent to you. SBGC may also provide notice to you by posting information on Myclonesolution.com.

19. SEVERANCE. In the event any provision of this Agreement is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and the Terms and Conditions, as so modified, shall continue in full force and effect.

Affiliate Promotion of SBGC

**Important Note**

Anyone who signs up for a SBGC account also automatically becomes an affiliate (we use the same email address for your affiliate account). you can access your affiliate dashboard from within your SBGC account from My Account > Affiliate-area.

Required Forms

All affiliates need to fill out and sign completed forms for the United States Internal Revenue Service (IRS).

Please click the link below to complete your forms digitally.

https://www.irs.gov/pub/irs-pdf/fw9.pdf

Affiliate Payout

Thank you for choosing to promote SBGC.

Affiliate Payout Requirements:

• All affiliates need to fill out and sign completed forms for the United States Internal Revenue Service (IRS).  The link to complete this step can be found in the section above this one.
• Commissions are paid after a 45 day “cooling off” period (due to potential refunds or cancellations).
• The “Ready For Payout Today” commission summary line must be $50.00 or more at the time the commission report is generated.
• Affiliate Payment Preferences must be set up in the affiliate account.  you may choose from Paypal (preferred) or Check.

Affiliate Accounts with Paypal as their payment option will have commissions paid monthly (on the 1^st or 15^th ), with a minimum $50 threshold, after the cooling off period mentioned above.

Affiliate Accounts with Check as their payment option will have commissions paid at the end of the month, provided they have a minimum $50 threshold, after the cooling off period mentioned above.

Affiliate Rules:

SBGC Affiliate Promotion Rules

It is REQUIRED that every affiliate adhere to the HIGHEST POSSIBLE STANDARDS of Ethical & Legal Conduct during this promotion.

Tracking is Cookie based- last cookie gets credit for the sale. The Federal Trade Commission has recently more clearly defined best practices for affiliate marketers, and it is our position that all affiliates of SBGC must use these guidelines and regulations as Standard Operating Procedure during their endorsement or promotion.

Step 1 – Download and Review the FTC Document for Endorsement Guidelines: http://ftc.gov/os/2009/10/091005revisedendorsementguides.pdf

Step 2 – In addition to the FTC Guidelines, please observe the following Best Practices: When you promote, make sure you:

** Include your Affiliate Disclaimers and Disclosures. The bottom line is, if you make a sale via an affiliate link, it’s because you’re getting paid to do so – be honest about that. Include these disclaimers during email or advertising promotions.

** Include your relevant Privacy Policies on sites that you are promoting SBGC with.

** Include your Terms of Service on sites that you are promoting SBGC with.

** Include your Forward-Looking Earnings Statements on sites that you are promoting SBGC with.

** DO NOT SPAM (Do NOT send JUNK or UNQUALIFIED TRAFFIC to this offer)

** Don’t TWITTER SPAM or Social Media Spam

** Don’t misrepresent yourself as a “typical result” or as a “typical customer” when you promote this offer

** Be transparent and authentic – We’ll treat your prospects with MASSIVE RESPECT!

Please review our full

NOTE: There will be NO commission payments paid on PERSONAL USE Sales of the Product – meaning, if the only purpose in joining this affiliate program was to get a commission on a sale for Personal Use of SBGC, that’s not cool. We do track and reconcile every sale – and in cases where an affiliate has a single sale to themselves, commission will NOT be paid on that sale. Such activity is not fair to the affiliates who have promoted in good faith only to have one of their prospects join the affiliate program to get their own commission and cut the original affiliate out.