Affiliate Terms & Conditions
Launch Affiliate Agreement and Affiliate Contest Terms
Last Updated on July 22, 2025
Acquisition.com, LLC (“Acquisition,” “We,” “Our,” and “Us”) offers an affiliate program designed to allow You to become an Acquisition Affiliate (“Affiliate,” “You,” and “Your(s)”). By participating in this program, Affiliates of Acquisition can earn compensation or prizes. Acquisition reserves the sole and exclusive right to determine whether any Affiliate will earn any compensation or prize in exchange for his/her/its efforts.
BY REGISTERING AS AN AFFILIATE, YOU ARE AGREEING TO THIS AGREEMENT AND ACQUISITION’S TERMS OF SERVICE (WWW.ACQUISITION.COM/TERMS). IF YOU DO NOT AGREE TO THESE, YOU ARE NOT PERMITTED TO PARTICIPATE IN THE AFFILIATE PROGRAM.
This Affiliate Agreement (the “Agreement”) governs Your application and relationship as an Affiliate of Acquisition. By clicking “I Accept the Terms and Conditions” and “Submit,” You indicate You have read, understood, and agreed to this Agreement and the Terms of Service. You also agree you have read, understand, and agree to Acquisition’s Privacy Notice.
We love our Affiliates, and we want You to succeed. We also want to serve our clients with 100% integrity and in compliance with all laws, including all local, state, and federal regulatory guidelines. As an Affiliate, we expect You to conduct Yourself with professionalism and care and in accordance with all applicable laws and regulations. If you have any questions about this Agreement, you should reach out to us at support@acquisition.com.
TERMS
SECTION 1 - PARTIES
All references to “Acquisition” herein also refer to www.acquisition.com. Acquisition and You are each referred to herein as a “Party,” and collectively as the “Parties.” You agree to notify us in writing within 24 hours if the legal name of Your business or account ownership changes. Notice of such changes should be sent to support@acquisition.com.
SECTION 2 – REGISTRATION
You agree to provide all information requested by Acquisition in connection with Your Affiliate registration and/or participation in the Affiliate program, and You affirm that all information that You provide is truthful and accurate. The Affiliate program is only open to legal residents aged 21 and older who reside in the fifty (50) United States, the District of Columbia, Puerto Rico, or Canada who are twenty-one (21) years of age or older at the time of the Giveaway. Employees of the Giveaway sponsors and their respective parent companies, affiliated companies, subsidiaries, sponsors, advertising agencies and third-party fulfillment agencies and their respective employees, officers, directors, successors and assigns as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible to enter. The Giveaway is subject to federal, state, and local laws and regulations and is void where prohibited. PROHIBITED JURISDICTIONS: All countries on the United States’ list of embargoed countries (which you can find here), Afghanistan, Australia, Bahamas, Belgium, Belize, Bolivia, the province of Quebec (Canada), Cambodia, Chad, China, Colombia, Cuba, Dominican Republic, Ecuador, Egypt, El Salvador, Germany, Ghana, Guatemala, Guinea, Haiti, Honduras, Iran, Iraq, Italy, Jamaica, Lebanon, Mali, Myanmar, Nicaragua, North Korea, Pakistan, Panama, Peru, Singapore, Somalia, Sudan, Syria, Tanzania (the United Republic of), Thailand, Trinidad, and Tobago, Tunisia, Turkey, Uganda, Ukraine, United Kingdom, Venezuela, Yemen, Zimbabwe, and any other country where local laws would prohibit the provision of or entry into the Giveaway.
SECTION 3 - CONSENT TO BE CONTACTED
You expressly consent to be contacted at the email address and the phone number You provide in Your registration for the Affiliate program, including through automated dialing systems, text messages, and artificial or pre-recorded messages, whether by Acquisition or a third-party on behalf of Acquisition. This consent is a material condition of this Agreement and may not be revoked except in writing by both Parties. The foregoing will not limit Your ability to opt-out of any promotional or marketing communications from Acquisition unrelated to the Affiliate program.
SECTION 4 - AFFILIATE PARTICIPATION
The contest period is between July 2, 2025 and August 16, 2025, 9:00am PST PM HST (the “Contest Period”).
Affiliates may participate in the contest by:
1. Referring individuals to register for Acquisition’s $100M Money Models live launch event on August 16, 2025 (the “Event”) (each individual who is referred and registers, a “Referral Entry”); or
2. Creating an original, engaging, and creative advertisement specifically promoting the “$100M Money Models” book (an “Ad Entry”). The Ad Entry must:
- Visibly feature the book cover at least once (assets will be provided);
- Mention verbally or in writing that Event is August 16th, 2025 and people can go to your custom affiliate link (which you received during registration as an Affiliate) to register for the Event; and
- Be posted publicly and submitted to Acquisition via leaderboard.acq.com on any or multiple social media platforms by August 8th, 2025.
SECTION 5 - PRIZES AND/OR COMPENSATION FOR AFFILIATES
1. Top 10 Affiliate Referrers
The 10 Affiliates with the most Referral Entries (the “Top 10 Affiliate Referrers”) will receive:
- A registration to attend an in-person Affiliate Launch Workshop at Acquisition’s headquarters located in Las Vegas, Nevada
- A thirty (30) minute 1 on 1 fireside chat during the Affiliate Launch Workshop with Alex Hormozi, answering audience questions during the Affiliate Launch Workshop; and
- A private dinner with Leila and Alex Hormozi and the other top nine (9) of the Top 10 Affiliate Referrers.
- Travel Costs Not Included
2. Top 11-50 Affiliate Referrers
The 50 Affiliates with the most Referral Entries (not including the Top 10 Affiliate Referrers) will receive:
- A registration to attend an in-person Affiliate Launch Workshop at Acquisition’s headquarters located in Las Vegas, Nevada
- The opportunity to attend a group Q+A session with Alex Hormozi for three (3) hours during the Affiliate Launch Workshop.
- Travel Costs Not Included
3. Anyone Who Refers 10 + People
Anyone who submits more than 10 Affiliate Referrals will receive:
- Access to the 70- 1-minute Profit Driving Tactics Audiobook;
- A chance to win one of fifty (50) spots for an in-person Affiliate Launch Workshop at Acquisition’s headquarters located in Las Vegas, Nevada; and
- A recording of the Affiliate Launch Workshop (no matter if you win one of the fifty (50) spots.
- One entry into Acquisition.com’s $100M Money Model Book Launch VIP Giveaway https://shop.acquisition.com/pages/giveaway-tc
- Travel Cost Not Included
4. Anyone who Registers as an Affiliate:
All registered Affiliates will receive:
- Initial promotional materials and "black book" resources
- Behind-the-scenes insights for marketer Affiliates
- Plug-and-play email templates for affiliates to send to their own lists.
5. The top 10 Ad Entries will be featured on YouTube in a session hosted by Alex Hormozi breaking down each advertisement.
SECTION 6 - PRIZE WINNERS
Prizes for Top 10 Affiliate Referrers and Top 11-50 Affiliate Referrers will be awarded based on number of Credits (as defined in Section 7) earned during the Contest Period.
Prizes for the top 10 Ad Entries will be chosen based on creativity, originality, and alignment with Acquisition’s brand.
Affiliates must attend the Event to qualify to win a Prize.
SECTION 7 - EARNING CREDIT FOR REFERRAL ENTRIES
Each Referral Entry will be eligible for 1 credit (each, a “Credit”). To accrue Credit for each Referral Entry you must register at: https://shop.acquisition.com/pages/register for a custom landing page. You will only receive Credit for Referral Entries that register through Your custom landing page to attend the Event.
If Acquisition determines, in its sole and exclusive discretion, that any Referral Entry was procured fraudulently or as a result of any violation of this Agreement or applicable law, no Credit will be provided for such Referral Entry and, for past Referral Entries, such credited amounts shall be deducted from Your Credits and Acquisition may terminate this Agreement and Your participation in the Affiliate program immediately, without notice, and without any liability to You.
As an Affiliate, you may not use any marketing material that has not been provided by Acquisition specifically for use by Affiliates at leaderboard.acq.com or been approved by Acquisition in writing. You, and your entries, must strictly comply with all FTC guidelines and other applicable law or regulations. This includes, but is not limited to, implied impressions, testimonials that are not documented, money claims (even if it is Your own story), or anything that would imply that a person or business will make money if they participate in any program or consume any product or service offered by Acquisition.
Missing or untracked Credit for a Referral Entry must be reported during the Contest Period and will be credited to You at our sole discretion, provided that such Credit has accrued pursuant to the terms contained herein. Referral Entries that are not reported during the Contest Period will not be credited to Your account.
Affiliates are solely responsible for all fees, taxes, exchange rates, surcharges and other expenses incurred to receive their Credits and any Prize hereunder.
SECTION 8 - TERM AND TERMINATION
The term of this Agreement will begin when You click “I accept the Terms and Conditions” and submit. Your participation in Acquisition’s Affiliate program will end on the earlier of: (i) August 16, 2025, or (ii) if you qualify for or win a Prize, the date your Prize is fully redeemed. In addition, either Party may terminate this Agreement at any time, with or without cause, by giving the other Party written notice of termination. If, in our sole discretion, You fail, or we suspect that You have failed, to comply with any term or provision of the Agreement or the Terms of Service, or violated any law, whether in connection with Your participation as an Affiliate or otherwise, Acquisition may take any action that it deems necessary, including without limitation to terminating the Agreement or suspending Your access to the Affiliate website (“Website”) or your Affiliate account at any time without notice to You. For the avoidance of doubt, and without limitation for purposes of the foregoing, any violation of Affiliate’s requirements in Exhibit A will be deemed a material breach of this Agreement entitling Acquisition to terminate this Agreement immediately. In addition, if, based on our data, Your Referral Entries have a chargeback or dispute rate greater than two percent (2%) according to Shopify, We may terminate this Agreement or suspend your access to the Website or your Affiliate account at any time without notice to You. In such instances as described above, and in Our sole discretion, We may terminate this Agreement and suspend any Acquisition accounts owned/controlled by You. In the event this Agreement is terminated, You immediately forfeit all Credits that are accrued, owed to You, or that may in the future be owed to You, without any liability by Acquisition to You.
Upon termination or expiration of this Agreement, all provisions that, by their nature, should survive, will survive, including, but not limited to, all limitations of liability, disclaimers of warranties, indemnity obligations, mandatory arbitration and class action waiver provisions, and exceptions to arbitration. All representations and warranties undertaken by You shall also survive termination or cancellation of this Agreement and/or Your Affiliate account.
SECTION 9 - ADDITIONAL REPRESENTATIONS AND WARRANTIES
In addition to Your other representations and warranties herein, You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against You by the Federal Trade Commission (“FTC”), any other federal or state governmental or regulatory agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against You which relate to alleged intentional torts or alleged violation of any fraud, consumer protection, or advertising laws or regulations (collectively, “Actions”). If You become the subject of any Action any time after this Agreement is executed, You are required to notify Acquisition of the same within 24 hours. Acquisition, in its sole and exclusive discretion, may immediately terminate Your participation in Acquisition’s Affiliate program, as well as immediately terminate this Agreement, based on any Action identified pursuant to this paragraph.
SECTION 10 - ENTIRE AGREEMENT
This Agreement, including Appendix A below and Acquisition’s standard Terms of Service, represents the entire agreement between the Parties and supersedes any other written or oral agreement between the Parties as pertaining to Your participation in the Affiliate program.
SECTION 11 - RESTRICTIVE COVENANTS
In consideration for Your participation in the Affiliate program, You hereby agree that for as long as You are an Affiliate of Acquisition, and for a period of three (3) months after termination of Your participation as an Affiliate, for any reason, the You shall not cause or persuade or induce, or attempt to cause or persuade or induce, any present or future employee of Acquisition to terminate his or her employment or service with Acquisition; directly or indirectly solicit Acquisition clients as set forth below; or use or disclose any Confidential Information or trade secrets in violation of this Agreement.
Non-Solicitation. You hereby agree that You will not for any reason whatsoever, directly, or indirectly, for Yourself or in conjunction with, any individual, entity, or company that competes with Acquisition (each, a “Competitor”):
1. Contact any client of Acquisition for the purpose of soliciting, negotiating, or selling any Competitor’s products or services to such clients;
2. Intentionally interfere with Acquisition or its business in any way reasonably likely to harm Acquisition; and
3. Divert, solicit, revoke, or take away any known client of Acquisition for the purpose of selling or performing any similar services, including but not limited to, business or financial education services to said client.
Violation of this provision will result in damages to Acquisition which would be difficult or impossible to measure. You agree that Acquisition will be irreparably harmed by Your breach or threatened breach of this Section (Restrictive Covenants), and further agree that Acquisition will be entitled to injunctive relief to prevent such breach or threatened breach without posting a requisite bond. Furthermore, Acquisition will be entitled to all attorney’s fees and costs associated with enforcing this provision of the Agreement.
SECTION 12 – CONFIDENTIALITY
The Parties acknowledge and agree that all any and all non-public, confidential, or proprietary information and any ideas, in whatever form, tangible or intangible, pertaining in any manner to Acquisition’s business and/or its members, managers, officers, directors, employees, customers, clients, suppliers, consultants, business associates, partners, affiliates, joint-ventures, and/or any of their successors or assigns (collectively, “Confidential Information”) disclosed by or on behalf of Acquisition pursuant to this Agreement shall be and remain the property of the Acquisition. Nothing in this Agreement shall be construed and granting or conferring any license or any rights whatsoever (including any intellectual property rights) whether expressly, impliedly, or otherwise in respect of Confidential Information.
- Tangible forms of Confidential Information shall not be copied, in whole or in part, without the prior written consent of Acquisition, except for a reasonable number of copies necessary to carry out the transaction contemplated by or pursuant to this Agreement.
- No license in the Confidential Information, whether express or implied, is granted by Acquisition to use the Confidential Information other than in the manner and to the extent authorized by this Agreement.
- You understand and agree that it is not allowed to sell, develop, or otherwise exploit any parts, products, services, documents or information which embody in whole or in part any Confidential Information, except as contemplated by this Agreement.
- You agree and undertake to protect the Confidential Information using not less than the standard of care with which it treats its own Confidential Information but in no event less than reasonable care and shall ensure that the Confidential Information is stored and handled in a way to prevent unauthorized disclosure.
- You shall use Your best efforts to limit dissemination of the Confidential Information to its employees, consultants, officers, agents, or sub-contractors and its holding or related companies’ employees (collectively called “Personnel”) to whom disclosure is necessary for each of them to perform their duties under this Agreement. Each Party shall impose the above obligation of confidentiality on their Personnel.
- The foregoing obligations shall not apply to any part of the Confidential Information which:
- was already in the public domain or becomes so through no fault of Yours.
- is independently developed by You without reference to the Confidential Information.
- is approved for release by Acquisition in writing prior to any use or disclosure.
- is required by applicable law to be disclosed.
You agree to return Confidential Information to Acquisition and /or destroy all documents and any materials embodying Confidential Information immediately upon Acquisition’s request, or upon termination of this Agreement for whatever reason.
You acknowledge and agree You are aware and fully understand that in the event of any breach of this Section (Confidential Information) by Your our Your personnel, Acquisition will suffer substantial loss and damage which monetary damages cannot adequately compensate and Acquisition shall be entitled to specific performance and/or injunctive relief to enforce in addition to all other relief at law or inequity to which it may be entitled in enforcing this provision, in addition to all other remedies available in law.
These obligations of confidentiality shall survive the expiration or termination of this Agreement without limitation of time.
Appendix A
Additional Terms of the Affiliate Agreement and Advertising Rules
These Additional Terms of the Affiliate Agreement and Advertising Rules (the “Rules”) apply to all activities of Affiliate and are specifically incorporated into and made a part of the Agreement to which it is attached.
- Compliance with Laws. Affiliate shall conduct all activities pursuant to this Agreement, including but not limited to, publishing and otherwise distributing posts and advertisements, in strict compliance with all applicable laws and regulations, including without limitation, laws prohibiting deceptive and misleading advertising and marketing, email marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), data protection laws (including but not limited to the European Union General Data Protection Regulation, U.K. Data Protection Act, California Consumer Privacy Act, and Brazilian General Data Protection Regulation), laws and regulations governing testimonials (including the FTC’s Revised Endorsements and Testimonials Guides (16 CFR Part 255 of the Code of Federal Regulations)), and all guidelines issued by the FTC and other regulatory bodies. Affiliate is solely responsible for ensuring Affiliate’s compliance with all laws and regulations. Affiliate is strictly prohibited from making claims or publishing or distributing posts and advertisements concerning Acquisition or the products or services offered by Acquisition that are inconsistent with, or beyond the scope of, publicly available marketing materials produced and made available by Acquisition on https://leaderboard.acq.com. Affiliate is prohibited from publishing or otherwise distributing advertisements by telemarketing, fax, or text messaging in any form to any device. Affiliate shall not offer monetary incentives, such as rewards points, cash, or prizes to entities or individuals in return for their response to an advertisement or post. Affiliate may, at its sole risk and expense, offer Prospects information and materials of tangible value including, but not limited to, website templates, information about e-commerce, website design, and online marketing, for reduced or no charge, but only so long as Affiliate accurately describes and delivers such information and materials to the Prospect and does not directly or indirectly misattribute such information or materials to Acquisition. Acquisition retains the sole and exclusive discretion to determine whether Affiliate’s advertising and conduct is in compliance with all laws (but Acquisition shall not be required to advise Affiliates on such matters).
- Disclosures and Prohibited Content. In every post or advertisement, Affiliate must plainly display (i.e., not in a link, or in small font) disclaimer language, including that the posted content is a third-party advertisement; that You are an independent Acquisition Affiliate, not an employee; and that You receive referral credit from and/or are participating in a contest sponsored by Acquisition. Advertisements or posts may not contain, as determined by Acquisition in its sole discretion, any content that:
- Contains any individual other than you and/or any materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without providing legal releases for such use in a form satisfactory to Sponsor;
- Contains copyrighted materials owned by others (including music, songs, photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies, or other media), without permission;
- Is sexually explicit; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
- Promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
- Is obscene or offensive; endorses any form of hate or hate group;
- Appears to duplicate any other submitted contest entries;
- Defames, misrepresents, or contains disparaging remarks about Acquisition.com, its affiliates, owners, officers, directors, employees, contractors, or agents, or other people or companies;
- Contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission;
- Contains any sensitive personal identification, such as license plate numbers, personal names, e-mail addresses, or street addresses;
- Contains look-alikes of celebrities or other public or private figures, living or dead;
- Communicates messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate;
- Violates any law; and/or
- Does not comply with the applicable terms of any social media site on which it is posted.
By submitting an advertisement or post, you hereby grant permission for your advertisement or post to be posted on Acquisition’s websites or social media channels, or any other channels at the sole discretion of Acquisition in perpetuity. You agree that Acquisition is not responsible for any unauthorized use of advertisements or posts by third parties. If Acquisition deems any post or advertisement to be in violation of this Agreement or otherwise in conflict with Acquisition’s brand, You agree Acquisition may direct You to remove such post or advertisement from the host website and you will comply with such direction immediately. ADVERTISEMENTS OR POSTS POSTED TO ANY OF ACQUISITION’S WEBSITES OR SOCIAL MEDIA SITES (IF ANY) WERE NOT EDITED BY ACQUISITION AND THE VIEWS/OPINIONS THEREIN DO NOT NECESSARILY REFLECT THE VIEWS OF ACQUISITION.
By submitting an advertisement or post, You represent and warrant that the content submitted is original to You and that neither it nor its contents infringe upon or violate the rights of any third party. If Your advertisement or post includes likenesses of third parties or contains any elements not owned by You (such as, but not limited to, company logos) You must be able to provide legal releases for each such use in a form satisfactory to Acquisition.
By submitting an advertisement or post, You agree that your submission is gratuitous and made without restriction and will not place Acquisition under any obligation. Acquisition reserves the right to, and may or may not, monitor advertisements or posts. YOU WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS, ACQUISITION, ITS AFFILIATES, OWNERS, OFFICERS, EMPLOYEES, AND CONTRACTORS FROM ANY CLAIMS RELATING TO OR ARISING OUT OF, YOUR ADVERTISEMENTS OR POSTS.
- Social Media. If Affiliate advertises on any social media, including, but not limited to, Instagram or YouTube, each post must comply with all the following:
- Each post must contain @Acquisition or #Acquisition;
- Each post must contain #ad or #advertisement in a clear and conspicuous location before the text of the description and in all events before the “More” button or link;
- Each Instagram post must use Instagram’s “Provided Partnership” tool; and
- Each YouTube post must contain the word “Ad,” “Advertisement,” “Promotion,” or “Provided Partnership” within the video itself in a font size that is clearly recognizable to the viewer, and which appears persistently throughout the length of the video in the top right-hand portion of the video.
If Affiliate is advertising on other forms of written social media (e.g., Facebook, Twitter, LinkedIn), Affiliate must comply with the above disclosure restrictions as applicable to each form of social media. Affiliate must also comply with all rules of each social media platform that Affiliate uses.
4. Income and Business Opportunity Claims. Affiliates are expressly prohibited from making any claims that access, use, or consumption of Acquisition’s products or services guarantees that the user will make money. If Affiliate’s recruiting efforts include claims related to income Affiliate has made from using Acquisition’s products or services or as an Affiliate, You must adhere to the following guidelines:
- Affiliate’s statements must be completely true and accurate and supported by documented evidence of Affiliate’s experience; and
- Affiliate’s statements must be accompanied by the following disclaimer in clear and conspicuous font and placement: “These were my results. Your results will vary based on a variety of factors including Your education, effort, and market factors. There is no guarantee You will make any money.”
Affiliate is expressly prohibited from making any express or implied claims that Acquisition is or provides a business opportunity, franchise opportunity, a “business-in-a-box,” or an assisted marketing plan.
5. Acquisition’s Trademarks and Intellectual Property.
a. Intellectual Property. Acquisition may provide content, advertisements, or templates containing tangible and intangible rights in and to ideas, inventions, discoveries, improvements, works of authorship, trade secrets, know-how, data, designs, processes, algorithms, software (source code and object code), databases, documentation, specifications, trademarks, service marks, trade names, logos, domain names, business names, and other proprietary materials or information, whether or not patentable, copyrightable, or otherwise legally protectable, and whether registered or unregistered, including all rights under patent, copyright, trademark, trade secret, and similar laws, and all applications, registrations, renewals, and extensions thereof (“IP”) for your use as an applicant or participant in the Affiliate program. The right to use IP is non-exclusive, non-transferable, limited, and fully revocable in Acquisition’s sole discretion.
b. Trademarks. No logo, tagline, trademark, trade name, or trade dress owned by Acquisition, whether registered or unregistered (collectively, the “Acquisition Trademarks”) may be used, copied, or reproduced by any Affiliate except as set forth below. You may not, and agree You will not, register or attempt to register any Acquisition Trademark or other intellectual property (or any mark confusingly similar to any Acquisition Trademark or intellectual property) in any country. Subject to the restrictions herein, approved Affiliates are granted a limited, revocable, non-transferrable, and non-assignable license to use the “Acquisition®” Trademark solely to advertise Acquisition pursuant to this Agreement. Any time Affiliate uses the word “Acquisition” it must be immediately followed by “®”. Affiliate may not use “Acquisition” or other Acquisition Trademark as part of any URL, domain, or website name.
c. Ownership. Acquisition retains exclusive ownership of all Acquisition’s Trademarks and IP and all its rights therein, and You shall acquire no rights, title, interest, or license in or to the other the IP, whether by implication, estoppel, or otherwise. Affiliate shall not promote or provide services to any other business or person that is infringing any of Acquisition’s IP.
6. Complaint Notification. Affiliate must notify Company of any complaint received by Affiliate regarding any post or advertisement submitted by Affiliate within twenty-four (24) hours of receiving such complaint. Notice should be sent to support@acquisition.com.
- Independent Contractor. Affiliate and Acquisition are independent contractors. It is the express understanding and intention of the Parties that no relationship of master and servant, employer and employee, nor principal and agent shall exist between Acquisition and You by virtue of this Agreement. You have no right to act on behalf of or bind Acquisition in any way, nor share in the profits or losses of Acquisition. The only compensation available to You is set forth in this Agreement. You are solely and exclusively responsible and liable for all Your acts or omissions.
- NO WARRANTIES. Acquisition does not promise, guarantee, or warrant Your business success, income, or sales. You understand and acknowledge that Acquisition will not at any time provide sales leads or referrals to You. You understand and agree further that this is not a business opportunity, a franchise opportunity, a “business-in-a-box,” or an assisted marketing plan. You are responsible for procuring and paying for any and all materials and resources necessary to operate as an Affiliate as You determine in Your sole discretion.
- LIMITATION OF LIABILITY. EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL ACQUISITION OR ANY OF ITS AFFILIATES, OWNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE TERMS OF SERVICE, PRIVACY NOTICE, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT PROVIDED BY ACQUISITION, REGARDLESS OF WHETHER ACQUISITION HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.
IN NO EVENT SHALL ACQUISITION’S AGGREGATE LIABILITY TO YOU OR YOUR BUSINESS EXCEED TWO THOUSAND DOLLARS ($2,000).
- DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION, CLASS ACTION WAIVER, & GOVERNING LAW. AS EXPLAINED IN ACQUISITION’S TERMS OF SERVICE, ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR RELATIONSHIP WITH US THAT CANNOT BE RESOLVED THROUGH NEGOTIATION WITHIN 120 DAYS SHALL BE RESOLVED BY BINDING, CONFIDENTIAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), AND JUDGMENT ON THE AWARD RENDERED MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE SECTIONS OF THE TERMS OF SERVICE ENTITLED “DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER,” “ACQUISITION’S ADDITIONAL REMEDIES,” AND “GOVERNING LAW AND VENUE” ARE EXPRESSLY INCORPORATED HEREIN BY REFERENCE. PLEASE REVIEW THE TERMS OF SERVICE CAREFULLY FOR MORE INFORMATION. ALL DISPUTES ARE GOVERNED BY THE LAWS OF THE STATE OF NEVADA AND SUBJECT TO VENUE IN ARBITRATION. THE COURTS IN CLARK COUNTY, NEVADA WILL GOVERN ALL DISPUTES AND ENFORCEMENT OF JUDGMENTS OUT OF ARBITRATION. IF AFFILIATE FAILS TO RESPOND TO ANY DEMAND FOR ARBITRATION, ACQUISITION MAY OBTAIN A JUDGMENT ENFORCEABLE VIA THE COURTS IN NEVADA AGAINST THE AFFILIATE.
- Indemnity. You agree to protect, defend, indemnify, and hold harmless Acquisition, 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 limitation arising out of Your conduct, acts, or omissions related to Your application to become, or your participation as, an Affiliate, and/or performance or non-performance of this Agreement including, but not limited to, any breach of this Agreement. This provision expressly survives the termination of this Agreement.
- Severability. 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 of Service, as so modified, shall continue in full force and effect.
- Modification/Amendments. This Agreement and the Terms of Service may be modified by Acquisition at any time, with or without prior notice to You. Amendments or modifications to this Agreement or the Terms of Service will be binding on You when you accept them, when they are sent to You via email, or when they are posted on the Website. No amendment to this Agreement or the Terms of Service shall be valid unless prepared or signed by Acquisition. Your continued participation in the Affiliate program, including, but not limited to, acceptance of Credit, after such amendments are posted or notified constitutes Your acceptance to any modifications or amendments to this Agreement and the Terms of Service.