Affiliate Program Agreement
Effective Date: March 14, 2023
This Beyond Miracles, LLC (“Beyond Miracles,” “we,” or “us”) Affiliate Program Agreement (the “Agreement”) contains the terms and conditions (the “Terms”) that apply to your participation in the Beyond Miracles Affiliate Program (the “Program”). This Agreement is made and entered into by Beyond Miracles and you, the prospective affiliate (“Affiliate” or “you”). This Agreement refers to products made available for sale through our primary website, located at www.beyond-miracles.com (the “Site”). Please read these Terms carefully before you join the Program or begin marketing our products or services. You are solely responsible for compliance with these Terms at all times by you and, where applicable, your employees or any other agents or contractors acting on your behalf.
- Binding Effect
These Terms constitute a legally binding agreement between you and Beyond Miracles. By applying to be an Affiliate, you: (1) acknowledge that you have read and understood these Terms; (2) represent that you are 18 years of age or older and of legal age to enter into a binding agreement; and (3) accept these Terms and agree that you are legally bound by them.
- Enrollment in the Program
To begin the enrollment process, you must submit an application to Beyond Miracles by visiting https://beyond-miracles.com/affiliate-area/ and completing and submitting the requisite form. Beyond Miracles will evaluate your application and will notify you if you are accepted into the Program. If your application is rejected, we will make an effort to notify you. However, because we may be unable to respond individually to each and every person who submits an application, you may consider your application rejected if you do not hear from us within a reasonable amount of time. We may reject your application for any reason whatsoever, in our sole and absolute discretion. If your application to join the Program is rejected, you may not reapply.
If your application to join the Program is accepted, you will be an Affiliate for the purposes of this Agreement. We may also ask you for additional information to ensure your eligibility for the Program. You agree that you shall provide true and complete information when completing the application or providing supplemental information that Beyond Miracles may reasonably request from time to time.
- Personalized Program Links
To permit accurate tracking, reporting and commission accrual, we will provide you with a personalized link to the Site (“Approved Link”) to be used in all links between your website or social media and the Site. The Approved Link will be keyed to your identity. You shall not modify the Approved Link. We may modify Approved Links from time to time, in our sole discretion, and will notify you of the same. You must ensure that each of the links between your website or social media and the Site properly uses the proper special link formats. We will not be liable to you with respect to any failure by you to use the Approved Link, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement. The Approved Link can be used in Affiliate text links, banners and marketing materials (hereinafter “Marketing Materials”). You solely bear the responsibility for any promotional content and Marketing Materials used in relation to the Program.
As an Affiliate, you have the opportunity to earn a fee payable to you, calculated as a percentage of a Qualified Transaction (“Commission”). A “Qualified Transaction” means a transaction approved by Beyond Miracles, as may be modified and updated from time to time, as further defined herein.
We will pay you Commissions on Qualified Transactions to consumers as provided herein. For a product sale to be eligible to earn a Commission, it must be a Qualified Transaction, and the consumer must follow your Approved Link to our Site, select and purchase a product using our online ordering system, accept delivery of the product at the shipping destination, and remit full payment to us (“Qualified Transaction”). We maintain the right to not pay or pay differing commissions or other fees on any products that are subsequently purchased after the consumer has reentered the Site other than through your Approved Link, as we determine in our sole discretion, even if the consumer previously followed your Approved Link to the Site. Purchases made using promotional or other discount codes are not eligible to earn Commissions. Beyond Miracles may make changes, exceptions, inclusions, and exclusions to Commission eligible products and services at any time at its sole discretion and without notice. You may not purchase products during sessions initiated through your Approved Link for your own use, resale, or commercial use of any kind. This includes orders for consumers or on behalf of consumers or orders for products to be used by you or your friends, relatives or associates in any manner. Such purchases may result, in our sole discretion, in the withholding of Commissions or the termination of this Agreement.
The Commissions shall be offered in the amount of thirty-percent (30%) of “qualifying revenues,” which are revenues derived by us from Qualified Transactions, excluding revenues derived from and costs associated with shipping, handling, gift-wrapping, taxes, service charges, credit card processing fees, bad debt and promotional discounts as advertised.
In order to receive Commissions, you must ensure that you have properly registered for an account on the Site (“Affiliate Account”) and that you have provided all necessary information to Beyond Miracles, including payment information, through your Affiliate Account.
- Commission Payouts
You agree and acknowledge that the Commissions you earn pursuant to this Agreement will be in amounts established by Beyond Miracles at its sole discretion.
Commissions will be paid-out to Affiliates on a monthly basis (“Payout”). Payouts will be transmitted to Affiliates, if owed, via their selected payment method during the following month (“Payout Schedule”). For example, Commissions earned during the month of January will be provided in a Payout by the last day of February. We reserve the right to modify the Payout Schedule at any time in our sole discretion upon prior notice to you.
An Affiliate is not eligible to receive a Payout, even if Commissions have accrued, until four weeks following the date that the Affiliate is provided with their Approved Link. If an Affiliate terminates this Agreement before four weeks have passed, Beyond Miracles shall have no obligation to Affiliate and shall not provide a Payout.
Payouts shall be delivered via direct deposit using the payment information provided by the Affiliate through their Affiliate Account (“Payment Information”). If such Payment Information is not provided to Beyond Miracles or if such Payment Information is incomplete or inaccurate, the Affiliate will not receive a Payout.
Each Affiliate is solely responsible for their own taxation affairs. Beyond Miracles has no liability whatsoever for or in relation to the taxation affairs or obligations of the Affiliate. Affiliates are encouraged to seek and obtain independent taxation advice.
- Commission Disputes
If an Affiliate believes an error may have been made regarding Commissions or Payouts, they must notify Beyond Miracles in writing within sixty (60) days of the date of the reported error or incident in question. Beyond Miracles will not be liable for any errors, omissions or problems not reported within this time frame.
- Order Processing
We will process orders placed by consumers who follow Approved Links to our Site. We reserve the right to reject orders that do not comply with any and all requirements that we periodically may establish. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, process payments, cancellations, and returns, and handle guest service.
Affiliates can track sales made to consumers who purchase products using their Approved Link by visiting their Affiliate Account. Please be advised however, that such information is not updated in real-time and, therefore, may be incomplete, inaccurate, or subject to change prior to Payout.
- Intellectual Property
Unless otherwise noted, all content provided on the Site and/or in connection with the Program, including images, illustrations, designs, icons, photographs, video clips, text, and other material, is the property of Beyond Miracles or its suppliers or licensors and is protected by United States and international copyright laws. Any and all content on the Site or provided in connection with the Program is either the property of Beyond Miracles or is used by us with the permission of its owner. The compilation of the Site is the exclusive property of Beyond Miracles and is protected by United States and international copyright laws. The trademarks, logos, and service marks displayed on the Site or provided in connection with the Program are owned by Beyond Miracles and other third parties, and the Site’s trade dress is owned by Beyond Miracles. All trademarks not owned by Beyond Miracles are the property of their respective owners, and, where used by Beyond Miracles, are used with permission.
As an Affiliate subject to this Agreement, Beyond Miracles grants you a limited, revocable, non-transferrable, non-exclusive license during the term of this Agreement to use only those Beyond Miracles names, trademarks, service marks, trade names, trade dress, logos, graphics, and icons specifically designated and provided by Beyond Miracles (“Beyond Miracles Marks”) solely in connection with the Program in accordance with these Terms. Your use of the Beyond Miracles Marks will at all times be subject to the prior approval of Beyond Miracles and in accordance with the following: (i) you shall comply with all reasonable guidelines provided by Beyond Miracles with respect to the graphic reproduction, appearance, and “look and feel” related to the marketing and representation of Beyond Miracles and its products and services; and (ii) your use of the Beyond Miracles Marks shall include the appropriate trademark/service mark symbols and you shall not remove such symbols. All goodwill associated with any use of the Beyond Miracles Marks will inure to the benefit of Beyond Miracles. Beyond Miracles reserves all rights not expressly granted herein.
Further, you hereby grant Beyond Miracles the worldwide, sublicenseable, royalty-free and irrevocable right, but not the obligation, and fully-paid-up license to use, change, edit, modify, reproduce, repost, compile, display, publish and otherwise use any copyrighted content, likeness rights, and trademarks and/or in materials posted featuring, mentioning, or otherwise using the Approved Links, (the “Posts”) in any manner and in or on any form, method, platform, technology, or media now known or hereafter devised. Beyond Miracles may use and publish content from the posts in compilations, email, social media posts and other marketing and advertising without limitation, without further compensation or Commission to Affiliate. Affiliate hereby waives any likeness, publicity or other rights contained in the Posts, in favor of Beyond Miracles.
- Acceptable Use and Affiliate Obligations
- You shall not violate the intellectual property rights of Beyond Miracles or any third party.
- You shall not use Marketing Materials or Beyond Miracles Marks in a way that may be potentially confusing or misleading to a consumer.
- You shall not conduct any activities which are libelous, obscene, discriminatory, unlawful, and/or contain sexually explicit, pornographic and violent content.
- You shall not generate traffic to the Site by illegal activities or fraud.
- You shall not conduct any marketing activity, which in any way might compete or interfere with Beyond Miracles’ marketing efforts.
- You shall comply with all applicable laws, regulations, and rules in connection with your participation in the Program.
- You shall ensure your participation doesn’t violate any contracts, rules or regulations you are subject to, including sponsorships or sporting organizational rules.
- You shall not use the Beyond Miracle Marks except as expressly authorized by these Terms.
- You shall not create, publish, distribute or permit any advertising in reference to Beyond Miracles without specific permission from Beyond Miracles.
- You shall use the Approved Link without manipulation.
- You shall ensure that your Affiliate website or social media does not in any way copy, resemble, or mirror the look and feel of the Beyond Miracles Site.
- You shall not engage in cookie stuffing or include pop-ups, false or misleading links on any website upon which you place or feature the Approved Link.
- You shall not attempt to mask or otherwise change the referring URL information (i.e. the page from where the click is originating).
- You shall comply with all obligations contained in these Terms, as modified and updated from time to time.
- FTC Disclosure Requirements
We require all of our Affiliates to comply with all applicable statutes, regulations, and guidelines set by the federal government, through the Federal Trade Commission, as well as state and local governments as mandated.
Consumer protection laws apply equally to marketers across all mediums, including desktops, mobile devices and traditional advertising. Affiliates must disclose ads in a clear and conspicuous manner to avoid the appearance of deception. Please refer to the FTC’s website (http://www.ftc.gov/opa/2013/03/dotcom.shtm) for disclosure guidelines. You shall include a disclosure statement within any and all pages/posts where you link your Approved Link for the Program, where you post an endorsement or review, or where it is not clear that the link is a paid advertisement. This disclosure statement should be clear and concise, stating that we are compensating you for your review or endorsement. If you received the product for free from us, this also must be clearly stated in your disclosure.
We also require that our Affiliates comply with any and all applicable data privacy and security laws and regulations, including all of those which may impact your country of residence or that of your audience. We also require that you implement adequate organizational and technical measures to ensure an appropriate level of security for any data that you process on a website where you place an Approved Link.
- Relationship of the Parties
Nothing contained within this Agreement shall be construed to form any partnership, joint venture, agency, franchise, or employment relationship. Affiliates are independent contractors, not employed by Beyond Miracles in any capacity, and will remain so at all times.
- Term and Termination
The term of this Agreement shall commence on the date Beyond Miracles notifies you in writing of your acceptance into the Program and will end when terminated by either party as set forth in this Agreement (the “Term”). Either party shall have the right to terminate this Agreement at any time, with or without cause, immediately upon written notice to the other party.
During the Term, Beyond Miracles may suspend or terminate the Program at any time, with or without cause, in its sole discretion. Upon written notice of the suspension or termination of the Program to Affiliate, this Agreement shall terminate immediately.
Upon termination of this Agreement, Affiliate shall: (i) immediately cease use of and remove all Approved Links and Beyond Miracles Marks from the any websites, social media, or other platforms or materials owned, created, or operated by the Affiliate; and (ii) immediately cease representing themselves as an Affiliate of Beyond Miracles. Affiliate will be entitled to receive any Commissions earned by Affiliate prior to the date of termination and shall receive such Commissions in a Payout subject to the Payout Schedule set forth herein.
- Choice of Law and Venue
The laws of the State of Michigan shall govern the validity, performance, enforcement, interpretation, and any dispute that may arise between the parties with respect to these Terms, your participation in the Program, or your use of the Site, without giving effect to any principles of conflicts of laws. The parties agree that any action or proceeding arising out of these Terms, your participation in the Program, or your use of the Site, whether at law or in equity, must be brought in the state or federal courts located in Oakland County, Michigan and you hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts. You further agree to file any cause of action with respect to these Terms, your participation in the Program, or your use of the Site within one (1) year after the cause of action arises. You agree that a cause of action filed after this date is barred.
We reserve the right, in our sole discretion, to revise these Terms at any time. Any changes to these Terms will be included in a revised version accessible through the Site and/or provided directly to you by Beyond Miracles. Your continued participation in the Program following the posting or receipt of any changes to these Terms constitutes your unconditional acceptance and agreement to be bound by the changed terms. Accordingly, we urge you to review these Terms regularly.
You agree to indemnify, defend, and hold harmless Beyond Miracles and its employees, subsidiaries, affiliates, agents, representatives, distributors, and licensors, from and against any claim, judgment, demand, damages, cost, expenses, and liabilities, including reasonable attorneys’ fees, which may arise from or be related to: (a) your participation in the Program; (b) activities related to and/or use of your Approved Link or your Affiliate Account; (c) your use of the Site; or (d) your breach of any provision of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
- Disclaimer of Warranties and Limitation of Liability
THE PROGRAM AND THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEYOND MIRACLES AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“BEYOND MIRACLES ENTITIES”) DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BEYOND MIRACLES OR THE BEYOND MIRACLES ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, OR THE PROGRAM, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BEYOND MIRACLES’ AGGREGATE LIABILITY ARISING WITH RESPECT TO THESE TERMS SHALL NOT EXCEED THE TOTAL EARNINGS PAID TO YOU UNDER THIS AGREEMENT WITHIN THE PRECEDING THREE (3) MONTHS OR THE TOTAL AMOUNT YOU PAID TO BEYOND MIRACLES TO ACCESS THE SITE WITHIN THE PRECEDING THREE (3) MONTHS, WHICHEVER IS LESS.
- General Terms
These Terms, including any documents referenced herein, represent the entire understanding between you and Beyond Miracles regarding your relationship with Beyond Miracles, your participation in the Program, and your use of the Site, and supersedes all other agreements, express or implied, written or oral, between you and Beyond Miracles. These Terms shall not be modified except as provided for herein or in writing, signed by an authorized representative of Beyond Miracles.
If any provision of these Terms is determined to be invalid or unenforceable for any reason whatsoever, the remainder of these Terms shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of these Terms. Beyond Miracles’ failure to act with respect to a breach of these Terms by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under these Terms. Notwithstanding any provision of these Terms, Beyond Miracles has available all remedies at law or equity to enforce these Terms. Beyond Miracles shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms.
You acknowledge and agree that the provisions, disclosures, and disclaimers set forth in these Terms reflect a fair and reasonable allocation of risk between you and Beyond Miracles, and is not the result of fraud, duress, or undue influence exercised upon you by any person or entity. Any rights not expressly granted herein are reserved.
The provisions of these Terms that by their sense and context are intended to survive the performance of the Terms shall survive termination of these Terms, including provisions relating to: disclaimer of warranties, licensing, ownership, confidentiality, damage limitations, venue, jurisdiction, and indemnification.
Where required, Beyond Miracles may give notice to you by a general posting on the Site, by electronic mail, or by conventional mail to your address of record. You may give notice to Beyond Miracles by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the Program, or your dealings with Beyond Miracles, please contact us at:
Beyond Miracles LLC
26440 Drummond Ct, Franklin, MI, 48025