AFFILIATE PROGRAM TERMS & CONDITIONS

Pursuant to the acceptance of these Terms & Conditions (“Agreement”), you the Affiliate Partner (“Affiliate”) and RL & Associates, LLC & New Edge Solutions, LLC (“RLA/NES”) agree to the following Terms and Conditions:

1.  Affiliate Obligations:

a)   Affiliate shall have the opportunity to promote RLA/NES’s designated programs in accordance with the terms of this Agreement.

b)   Affiliate shall promote and market our programs using only promotional materials supplied or approved by RLA/NES. Promotional material (emails, landers, ads, social media posts) must be consistent with RLA/NES’s branding and shall not be false or misleading.

c)   Affiliate shall direct potential purchasers of RLA/NES programs to the dedicated links provided by RLA/NES.

d)   The Affiliate agrees to conduct itself in compliance with all applicable data privacy, cybersecurity and marketing laws, rules and regulation, including, without limitation, the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), Virginia Consumer Data Protection Act (VCDPA), Colorado Privacy Act (CPA), Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act, Federal Trade Commission Act (FTA), and AAAA.

i. In addition, affiliates must provide assurances that they do the following: (a) have a detailed Privacy Policy/Notice; (b) will not use personal data other than described as described in this Agreement; (c) hold their vendors (also referred to as subprocessors or service providers) to the same standards required in this Agreement; (d) honor and fulfill individual rights under the data privacy laws; (e) implement appropriate technical and organizational security measures for protecting personal information; (f) will not sell personal data to third parties, whether for monetary or other valuable considerations or for no consideration, for the third party’s commercial purposes; (g) notify RLA/NES without undue delay (and in no event more than 48 hours, with periodic updates to follow as may be necessary) of a declared breach of security which has led to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data which affects the integrity, availability or confidentiality of personal data; and (h) provide reasonable assistance in response to inquiries from RLA/NES or a competent regulator relating to Affiliate’s processing of personal data.

e)   Affiliate shall not offer any bonus, incentive, refund, scholarship, or previously unlisted “bonus” as value add for customers without consent of RLA/NES. For approved bonuses:

i.  Any affiliate that plans to offer bonus(es) should contact the RLA/NES team before launch to discuss other details..

ii.  Bonus(es) may not be delivered to user until after Refund period has expired

iii.  Can not be cash back in nature

iv.  Must be congruent/complementary with RLA/NES Offers. IE -- Bonus should enhance customers’ success with RLA/NES product purchased.

v.  Affiliate is fully responsible for providing “Bonus” in a timely manner to students. Any delay in delivery can/will delay payment of all commissions from RLA/NES to affiliates for this campaign.

f)   All leads, sales, and information collected in efforts to sell ASK Method Programs will be considered “property” of RLA/NES. This data will not be used in other marketing programs by affiliates unless a Separate Agreement is in place with RLA/NES.

2.  Affiliate Compensation. RLA/NES will pay commissions from the sale of Eligible Products as follows:

Standard Commission Rate is 40% post refund period and we pay commissions FAST.

Up to date Tax Documentation & Payment Details (Paypal Email) will be required prior to any payments going out. Affiliates who choose not to complete the necessary materials in a timely manner may have their payments delayed.

Affiliates can verify sales and buyers in the My Ledger area in Infusionsoft.

No Employee Relationship. RLA/NES and Affiliate each expressly agree and understand that they are creating an affiliate relationship, and that Affiliate shall not be considered an employee of RLA/NES for any purpose. Affiliate is not entitled to receive or participate in any medical, retirement, vacation, paid or unpaid leave, or other benefits provided by the RLA/NES to its employees. Affiliate is exclusively responsible for all Social Security, self-employment, and income taxes, disability insurance, workers’ compensation insurance, any other statutory benefits otherwise required to be provided to employees, and all fees and licenses, if any, required for the performance of the services hereunder. RLA/NES will report all income to Affiliate on IRS Form 1099 if required to do so by law. Affiliate understands and agrees that he/she is solely responsible for all income and/or other tax obligations, if any, including but not limited to all reporting and payment obligations, if any, which may arise as a consequence of any payment under this Agreement.

Affiliate Rights and Responsibilities. RLA/NES does not control the means or methods that Affiliate may employ to achieve the purpose of this Agreement. Affiliate further acknowledges and agrees that it is solely responsible for all work it performs pursuant to this Agreement and that none of Affiliates actions or inactions can or will impute any liability to RLA/NES. Unless expressly authorized in writing by RLA/NES, Affiliate has no authority to enter into agreements or contracts for or on behalf of RLA/NES. Subject to the foregoing, Affiliate agrees that it will conduct its business in accordance with this Agreement. Affiliate further acknowledges and agrees that as set forth in more detail below, this Agreement is subject to termination at any time and for any reason by RLA/NES, including but not limited to Affiliate’s violation of any of the Terms and Conditions.

Termination. This Agreement shall remain in force until the obligations of each Party expire or until the Agreement is terminated. Either party may terminate this Agreement and must provide at least 30 days written notice (“Termination of Services”). However, RLA/NES may immediately and without written notice terminate this Agreement if Affiliate violates any of the Terms and Conditions. Upon termination of this Agreement, Affiliate must STOP promoting any offers immediately and update any and all RLA/NES references mentioning an active working relationship to RLA/NES on your websites, social media accounts, resumes and any other marketing or promotional materials within 10 days of agreement ending. Affiliate will not be permitted to use any materials or content created for and/or belonging to RLA/NES for their own personal or commercial use including, but not limited to Bucket.io examples, content from ASK Method Masterclass, ASK Method Coaching, ASK Method Certification, ASKLIVE!, Choose Your Market, ASK Academy, ASK Method Bootcamps, QUIZ Funnel Bootcamps, or QUIZ Funnel Masterclass and/or Trademark protected logos, terms, and products all of which will remain the property of RLA/NES.

Liability. Affiliate agrees that it is responsible for any liability or other consequences that may arise directly or indirectly from this Agreement. Under no circumstances shall RLA/NES have any liability or responsibility to any entity, including but not limited to Affiliate, for any consequential, exemplary, punitive, special or indirect damages, including lost profits, even if RLA/NES has been advised of the possibility of such damages. If, notwithstanding the other provisions of this Agreement, RLA/NES is found to be liable to Affiliate for any damage or loss which arises or is in any way connected to this Agreement, RLA/NES’s liability to Affiliate shall in no event exceed the total amount Affiliate has been paid by RLA/NES in the 30 days prior to the incident giving rise to such dispute.

Indemnity. Affiliate further agrees to indemnify and hold harmless RLA/NES, RLA/NES’s officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates, from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against RLA/NES by any third party due to or arising out of or in connection with Affiliate’s work performed pursuant to this Agreement. This specifically includes any assistance or direction that Affiliate may provide to third-parties.

Choice of law. All disputes arising from or relating to this Agreement must be filed in District Court in and for Williamson County, Texas, and will be governed by the laws of the United States and by the laws of the State of Texas, without regard to its conflicts of laws provisions.

Severability. If any clause within this Agreement is found to be illegal or unenforceable, that clause will be severed/eliminated to the minimum extent possible and the remainder of this Agreement will remain in full force and effect.

Assignment. This Agreement shall be binding upon, and inure to the benefit of RLA/NES and Affiliate and their respective permitted successors and assigns. Either Party may assign its rights and/or obligations under this Agreement without the prior written consent of the other Party. Notice of such assignment shall not be unreasonably withheld, delayed or conditioned.

Confidentiality and Nondisclosure. RLA/NES agrees to keep any confidential information Affiliate provides about Affiliates’s business strictly confidential. Affiliate likewise agrees to keep confidential any information RLA/NES may designate as confidential. Affiliate shall at all times maintain in confidence and shall not directly, indirectly or otherwise, use, disseminate, disclose or publish, or use for such Party’s benefit or for the benefit of any person, firm, corporation or other entity any confidential or proprietary information or trade secrets of or relating to RLA/NES, including, without limitation, information with respect to either Party’s (or its affiliates’) trade secrets, internal processes, operations, processes, products, inventions, business practices, finances, principals, vendors, suppliers, customers, potential customers, marketing methods, marketing data, marketing plans, marketing strategies, costs, prices, contractual relationships, regulatory status, customer names and addresses, potential customers names and addresses, compensation paid to employees or other terms of employment (the “Confidential Information”), or delivery to any person, firm, corporation or other entity any document, record, notebook, computer program or similar repository of or containing any such Confidential Information, except where disclosures to a Party’s agents or representatives are necessary to fulfill the terms of this Agreement, in which case the disclosing party shall use its best efforts to cause such agents and representatives to hold Confidential Information in strictest confidence throughout the contract period and indefinitely thereafter. Affiliate hereby acknowledges that he/she possesses no rights to and further agrees that he/she will not at any time claim any right, title or interest of any kind in or to, any such Confidential Information furnished by RLA/NES. Nothing in this section shall prevent either party from disclosing Confidential Information as required by law or to its permitted successors or assigns. Each Party acknowledges that the Confidential Information is owned or licensed by RLA/NES is unique, valuable, proprietary and confidential and derives independent actual or potential commercial value from not being generally known or available to the public. Affiliate further agrees that immediately upon RLA/NES’s request all records, any compositions, articles, documents and other items which contain, disclose and/or embody any Confidential Information (including, without limitation, all copies, reproductions, summaries and notes of the contents thereof), regardless of the person causing the same to be in such form, shall be returned to RLA/NES or destroyed by Affiliate, and Affiliate will certify that the provisions of this paragraph have been complied with. The Parties further agree that money damages would not be sufficient remedy for any breach of this section of the Agreement, and the RLA/NES shall be entitled to enforce this section of the Agreement by injunctive and other available relief, including without limitation specific performance. In the event of a dispute regarding a violation of this section of the Agreement, the prevailing party shall be entitled to recover reasonable litigation costs, including but not limited to attorney’s fees.

Solicitation of Company Personnel. Affiliate agrees that for a period of not less than two (2) years thereafter or for a time equal in duration to the duration of this Agreement, whichever is longer, he/she will avoid and will refrain from any solicitation or recruitment (directly or indirectly) of any of RLA/NES’s employees or contractors. The Parties further agree that money damages would not be sufficient remedy for any breach of this section of the Agreement, and the RLA/NES shall be entitled to enforce this section of the Agreement by injunctive and other available relief, including without limitation specific performance.

Waiver; Amendment or Modification. The waiver, amendment or modification of any provision of this Agreement or any right, power or remedy hereunder shall not be effective unless in writing and signed by the Party against whom enforcement of such waiver, amendment or modification is sought. A Party may enforce any provision of this Agreement at any time even if it has not previously required the other Party to perform all of its obligations under this Agreement. The waiver by a Party of any of its rights arising from any breach of this Agreement by the other Party shall not be considered as a waiver of any right arising from any subsequent breach. The terms of this Agreement shall not be amended or changed by the terms of any purchase order, acknowledgment, invoice or similar document even though a Party may have signed or accepted such documents. No failure or delay by a Party in exercising any right, power or remedy with respect to any of the provisions of this Agreement shall operate as a waiver thereof.

Agreement. This Agreement constitutes the entire agreement and understanding between the Affiliate and RLA/NES relating to the subject matter hereof and supersedes and merges all prior discussions, writings, negotiations, understandings and agreements with respect thereto, and constitutes the entire agreement of the parties regarding the subject matter of the Agreement. RLA/NES and Affiliate hereby confirm their acceptance.