TERMS OF USE
 The EMF Guy Affiliate Program
 Summary:
  • Attribution: last click
  • Payment schedule: Commissions are calculated and paid out around the 15th of every month, for commissions generated the month prior. For example, all commissions for the month of October 2023 would be paid around November of 2023. The EMF Hazards Summit is an exception, and commissions will be paid 30 days after the sale of the summit has ended (exact dates will be communicated to affiliates prior to each annual event).
  • Benefits: Get commissions on referred sales of our courses, products or services (commission % details below – subject to change at anytime)
  • Click attribution window: Clicks (cookies) are valid for a period of 90 days.
  • Currency: All transactions covered by these terms of use are in United States Dollars (USD).  
 AGREEMENT BETWEEN:

N&G Média inc, a corporation duly constituted under Quebec laws, having its place of business at 7-7898 St-Denis Street, Montreal, Québec, H2R 2G1, Canada (“N&G”)

AND

The affiliate

(Called a “party” or “all parties”.)


ALL PARTIES AGREE TO THE FOLLOWING:

1. AIM OF THIS AGREEMENT

1.1 N&G is hiring the affiliate to promote one of his courses, products or services. The affiliate will be compensated as an independent contractor following the modalities described below.


AFFILIATE PROGRAM REGISTRATION

2.1 To register to this affiliate program, the affiliate must, if not already done, complete the form found on https://emfguylearning.com/jv and follow the steps outlined during this process. The affiliate submission will be approved automatically upon submission; however, upon review by one of N&G’s team members, N&G reserves the right to reject your application in rare cases where it would not be a good fit for the values of our business, or if your intended use of this affiliate program is illegal, defamatory, obscene or is in breach of any copyright.


COMPENSATION

3.1 N&G will compensate the affiliate following the structure that is outlined on the different affiliate center pages on his website. The full commission structure will be outlined on https://emfguylearning.com/jv-main.

-The referral process is based on a cookie which is automatically generated by our current affiliate software (Ontraport at the time of writing this, but subject to change at our discretion) when anyone (traffic) referred by the affiliate clicks on their unique affiliate link. This cookie expires after 90 days. Sales must be made through the affiliate’s unique link in order for the affiliate to receive a commission.

Example: you refer a total 10 sales of Electro-Pollution Fix (EPF), which is priced at $297 USD. You get 50% of $297, which is $148.50, times 10, which equals a total affiliate commission of $1,485. Rates and dollar amounts in the example above are for demonstration purposes only and subject to change.

- The duration of the referral cookie and the commission percentage attributed to affiliates might be changed by N&G anytime they see fit. The new percentage or new modalities will become in effect at least 30 days after a written notice has been sent to affiliates which will be affected by this change.

- N&G cannot be held responsible for any potentially missed commission due to a customer’s cookie settings or due to a clearing of cookies by a customer.


PAYMENTS

4.1 Payments for commissions due to you will be sent following these modalities:

- Commissions are calculated and paid out around the 15th of every month, for commissions generated the month prior. For example, all commissions for the month of October 2023 would be paid around November of 2023. The EMF Hazards Summit is an exception, and commissions will be paid 30 days after the sale of the summit has ended (exact dates will be communicated to affiliates prior to each annual event).

- There is a minimum threshold of $100 for payment to be made. If your commissions owed for a month does not meet this threshold, the commissions will be rolled to the next month(s) until $100 is accumulated.

- Payments can be sent via various methods at N&G’s discretion, such as Bill.com, Wise, ACH transfer, or physical check. N&G does not have any control over fees for payment methods, and as an affiliate, you agree to pay those fees yourself. If the payout is more than $2,000 USD, you may ask to get a physical check or wire transfer, in which case we will choose between these two options.

- If your company is based in Canada and has a tax number, then the taxes applicable to where the business is situated will be added to your commission upon payment. An invoice will also be sent to you with each payment, which will include a full breakdown of the raw commission number and added taxes.

- If the Affiliate provides N&G with payment information that is erroneous and that leads to a payment being rejected by the bank, the Affiliate understands that the fees associated with this mistake will be deducted from their commissions payment.



AFFILIATE RESPONSIBILITIES

5.1 The affiliate agrees to:

- Keep their website, YouTube channel or any other media where it promotes N&G’s products or services and ensure that the affiliate links used are still valid and that the information that is communicated is still up-to-date. N&G is not responsible for any cost related to updating your web site or any other platform where you promote our products or services.

- Frequently update a privacy policy that follows applicable laws concerning the confidentiality of visitors, and concerning how the information gathered about these visitors will be used.

- Hire an attorney or legal counselor to ensure that its promotional methods and web site respect applicable laws.

- Inform N&G of any address change or other information that might lead to a delay in payment. In the event that N&G is unable to pay the affiliate and that the affiliate does not respond to its communications, N&G keeps the right to cancel unclaimed commissions that are older than 180 days.

- Provide N&G with the right bank information or other details that pertain to affiliate payments. If the affiliate payment is refused or blocked by a bank or third party software (ex: Wise, Bill.com), the Affiliate understands that any bank fees related to this error or omission will be deducted from their next payment.


TERMS AND CANCELLATION

6.1 Terms of the following agreement will be in full effect the moment the affiliate form is filled out. This contract can be canceled at any time if the affiliate communicates this wish to N&G.

6.2 N&G will be forced to cancel the participation of the affiliate from its affiliate program and terminate the present Agreement in the following situations:

- Sending mass emails that are unsolicited or any other form of spam, including any breach of any currently applicable anti-spam laws.

- If the affiliate is found to have willingly registered to this affiliate program using inexact or fraudulent information.

- If the affiliate is found to use acts of defamation towards N&G.

- If the affiliate is in breach of the present Agreement.


INDEMNIFICATION

The affiliate agrees to indemnify, defend, and hold harmless the N&G, its directors, officers, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of the affiliate's use of or inability to use the affiliate program, the affiliate's violation of any terms of this Agreement or the affiliate's violation of any third-party rights, applicable laws, rules or regulations.


MODIFICATIONS

8.1 N&G keeps the full rights to modify this Agreement at any time, given that affiliates be warned at least 30 days prior to these modifications taking effect.

8.2 Any modification made on any term of this Agreement will have the same effect as if it had been initially included in this Agreement.


GOVERNING LAW

9.1 This Agreement shall be governed by and construed in accordance with the laws of the Province of Québec, Canada, without regards to its conflict of laws principles.

9.2 In the event of a dispute arising from this Agreement, the Parties will first attempt to settle it amicably.
 
9.3 If the Parties cannot reach an agreement, legal proceedings shall be commenced and shall proceed in the legal district of Montreal, exclusively.

9.4 The prevailing Party will be reimbursed by the other Party for all legal and extra-judicial costs, expenses and charges, including reasonable professional lawyers' fees, incurred for the execution or for enforcing the execution of the provisions, conditions and obligations of the present Agreement.
If you have any questions about any element of this contract, please contact our JV Manager, Michael Singleterry at partners@theemfguy.com.
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