SPEAKER SISTERHOOD, LLC AFFILIATE TERMS & CONDITIONS
Updated January 28, 2021
Each participant in the affiliate program offered by Speaker Sisterhood, LLC (the “Program Operator”) at
https://speakersisterhood.thrivecart.com (the “website”) expressly agrees to this affiliate agreement.
NOTICE: Please read this agreement carefully. Unless you expressly agree and consent to
this agreement, you may NOT participate in the affiliate program. By participating in the
affiliate program, you are agreeing to comply with and be legally bound by the terms and
conditions of this contract. If you do not agree to all of the terms of this agreement, please
do not register for the affiliate program.
This agreement incorporates the Program Operator’s Terms and Conditions of Use (located on
this website) herein as if it were set forth in full.
Throughout this agreement, “affiliate program” refers to the affiliate program operated by the
Program Operator in part for the website.
AFFILIATES
Each affiliate is an independent contractor of the Program Operator and not an employee.
Nothing herein is intended to create an employer/employee relationship.
COMMISSIONS & REFERRAL FEES
Whenever someone orders through your affiliate link, your affiliate ID is credited with a referral
fee. The commission/referral fee amount varies from product, service or opportunity. The rate at
which your referral fee is generated can be found on the website and is subject to change at any
time.
Before any affiliate may be a sent a commission, the affiliate must submit to the Program
Operator identification information via the affiliate registration page. You will not receive any payment of commission/referral fees until you submit the required documentation to the Program Operator. Commissions on products and services are paid at the rates as indicated on the website. The
Program Operator strives to pay similar rates on further products, services, and opportunities, but reserves the right to pay a different scale if necessary.
INCOME TAX LIABILITIES
Each affiliate acts as an independent contractor and as such is responsible for any or all United
States, state, or foreign income taxes and any other tax liabilities that affect or concern the sales
of the products or services, in your state or location. If you are NOT a resident of the United
States, the Program Operator will withhold the appropriate U.S. income tax applicable to foreign
nationals, prior to your receipt of any commissions. The Program Operator does so pursuant to
the United States Internal Revenue Service laws (also known as the United States Tax Code) and
other applicable laws. It is the affiliate’s sole responsibility, and not the responsibility of the
Program Operator, to take any steps necessary to recover these sums under the Tax Code and
other applicable laws.
EMBARGOED NATIONS & SPECIALLY DESIGNATED NATIONALS
The United States controls the export of products and information. Each affiliate agrees to
comply with such restrictions and to not export or re-export the materials (including software) to
countries or persons prohibited under the export control laws. By becoming an affiliate, you are
agreeing that you are not in a country where such export is prohibited or are not a person or
entity to which export is prohibited. You are responsible for compliance with the laws of your
local jurisdiction with regard to the import, export, or re-export of the materials (including
software).
Each affiliate is responsible for compliance with all applicable U.S. laws and regulations,
including but not limited to, those laws pertaining to export control. By registering as an affiliate,
you warrant that you are not a citizen or resident of a country designated as having Embargoed
Nation Status and further, you also warrant that you are not on the list of Specially Designated
Nationals or Blocked Persons maintained by the U.S. Treasury Department. The products and/or
services are exported from the United States in accordance with the Export Administration
Regulations. Diversion to other countries is contrary to U.S. law and is prohibited.
In compliance with the United States Patriot Act, only those who have provided appropriate
identification information and do not reside within an embargoed nation and who are not listed
on the Specially Designated Nationals list may receive commission checks paid by the Program
Operator.
COMMISSION SCHEDULE
Commissions are paid 30 days after the sale is completed. Commissions are not paid for any sales for which payment has not been received, or for any transaction that has been rejected or refunded for any reason. We are not responsible for paying interest to affiliates for accrued but not yet delivered
commission payments. If a transaction incurs a charge-back, or if an online transaction is not completed in every way, no commission payment is due to the affiliate. If a commission has already been paid, then it will be deducted from an active affiliate’s future commissions.
All commissions are paid in US Dollars by PayPal 30 days after the completed sale.
If you terminate your connected PayPal account or the account becomes unavailable for any reason, the Program Operator is not responsible for your not receiving the money. Each affiliate is responsible for always maintaining the payment processor through which they receive their commissions/referral fees.This election is entirely made by the affiliate and the Program Operator assumes no responsibility for non-receipt of payments made according to the payment processor elected by the affiliate, or the
affiliate’s lack of ability to then conform to the payment processors or processes supported by
the Program Operator.
MIXING OF PRODUCTS
As an affiliate of the Program Operator, your website on which you advertise any products or
services of the Program Operator may NOT contain any content or images that are NOT
suitable for being viewed by persons 13 years of age or younger if you include any reference
whatsoever to the Program Operator, the website, the eBook(s), or your affiliate Link.
PAYMENT PROCESSOR FEES
All commissions are calculated based on the net transaction. In other words, all payment
processor fees are first deducted from the sums collected from the customer. Then, all payment
processor fees are deducted. The remaining amount is a commissionable sale. The commission
rate listed on the website is then applied to determine the amount due the affiliate. Any sums
paid for payment processor fees are not commissionable. The Program Operator may also charge
a per transaction fee for every transaction processed. In the event that a per transaction fee is
applied, the amount of the fee can be seen on the website. Any such fee is not commissionable
and is also deducted from the sums paid by the customer, prior to the calculation of any
commission.
SPAM & UNSOLICITED COMMERCIAL EMAIL (UCE)
The Program Operator does not tolerate the sending of unsolicited bulk emails (UCE or SPAM)
which promote, or make reference to the Program Operator, or any of their associated companies
or websites, Partners, or employees, the websites, products or services. The provisions of the
Terms and Conditions pertaining to UCE or SPAM shall apply to each affiliate. Any affiliate
who, in the opinion of the Program Operator, breaches this rule will have their affiliate status
canceled and any outstanding commissions will be forfeited.
UNPROFESSIONAL CONDUCT
The Program Operator and their associated companies operate with the strictest codes of
professional conduct. Any affiliate who brings the the Program Operator or their employees,
partners, or associates into disrepute, or who promotes any form of slander, racism, or unfair
business practices, will have their affiliate status canceled and any outstanding commissions will
be forfeited.
The Program Operator reserves the right to reject any affiliate application if, in the Program
Operator’s opinion, that person or entity violates established laws or commonly held standards of
decency. For example, we will reject applications from any person or company that promotes
any form of violence, illegal activities, or from applicants who the Program Operator prefers not
to be associated with.
AFFILIATE SALES & TRACKING
After signing up for the affiliate program, you will receive a unique affiliate URL which you will
use to advertise the website. When someone clicks through this URL, a cookie will be set in their
browser with your affiliate ID and their IP address may also be logged with your affiliate ID.
During that visit to the website or any later visit, when a purchase is made the commission will
be given based on the existence of the cookie.
In order to receive proper credit for sales, a person or entity must purchase through your unique
affiliate URL. Masking or cloaking of the links (whether done by software or by a script, and
sometimes referred to as “affiliate link cloaking”) may or may not work with parts of the Sites.
The Program Operator allows masking or cloaking but You must provide a repeatable process
for our verification of the cloaked link, otherwise the use of the masked or cloaked link is
disallowed.
TERM & TERMINATION
This agreement will begin upon your sign-up with the affiliate program and will end when either
you or the Program Operator terminates your affiliate status, or if your account is inactive in any
continuous twelve month period. An affiliate may terminate this agreement at any time, and for
any reason, by writing to – or emailing – the Program Operator at the email address listed on the
website. The affiliate may not transfer this agreement, or any rights conveyed in this agreement,
to any third party whatsoever.
The Program Operator may also terminate this agreement at any time, and for any reason, by
writing to the affiliate at the email address listed in the affiliate’s Profile, with 30 days notice. the
Program Operator may transfer this agreement to any party whatsoever, at any time, and this
agreement shall remain in full force and effect, without notice to affiliate. However, if this
agreement should terminate for cause due to violation of this agreement or the Terms and
Conditions, this agreement shall terminate immediately and affiliate shall forfeit all right to any
commissions then due.
RIGHTS TO MODIFY AGREEMENT
The Program Operator, and its associated companies may, in good faith, modify any of this agreement and/or the Terms and Conditions (including the affiliate Commission Schedule), at any time and at its sole discretion, by posting a change notice or a new agreement on the website. These changes will come into force immediately upon posting. The affiliate’s continued participation in the affiliate program following the said posting of a change notice or new Agreement shall constitute binding acceptance by the affiliate of the change. If any modification to this agreement is not acceptable to the affiliate, the affiliate’s only recourse is to terminate this agreement. Upon termination of this agreement, the former affiliate must remove all affiliate links and graphics from its web site, and refrain from publishing same in any manner whatsoever.
NO MISUSE
It is understood that any individual that uses the Program Operator system shall not use it in
connection with obscene, defamatory, slanderous, hateful, illegal or politically disruptive
material, the definition of which shall be at the sole discretion of the Program Operator. It is also
understood that affiliates shall not try to cheat the system in an effort to increase their payments
due. If such misuse is detected, the affiliate will be immediately terminated as an affiliate and
any sums paid and any sums payable as and for commissions will be withheld. All affiliates
further agree to refrain from engaging in any hostile activity toward the system. Any individual
that engages in such hostile activity, such as hacking, shall be held liable for any loss sustained
by the Program Operator, or its associates due to such action.
AS-IS ONLY
There is no warranty or guarantee of any kind with respect to the Program Operator system as far
as reliability, stability, quality or dependability. This means that the Program Operator, or its
associates are not responsible for any loss or damage incurred directly or indirectly due to the use
of the Program Operator website, products, services, or any other facet of the system. This shall
include, but is not limited to, any system malfunction, period of being inoperative or unavailable,
loss of data or discontinuation of service, or other inconveniences.
FEES
Affiliates shall be charged NO FEE by the Program Operator for setting up an account to join
affiliate programs or to join any program.
ELECTRONIC COMMUNICATIONS & EMAIL
The Program Operator requires your primary email address be listed in your affiliate Profile.
Affiliates will not be able to use the website or participate in the affiliate program until their
email addresses are verified. Those who fail to verify their email address or use an email address
that generates an error response consistently (e.g., “User is over quota” or “Mailbox full”) will
forfeit any commissions due and this contract will be terminated immediately. You may not use
an email address with an auto responder as your Program Operator email address. When you
visit the Program Operator’s websites or send emails to, you are communicating electronically.
You consent to receive communications from the Program Operator electronically. The Program
Operator will communicate with you by email or by posting notices on this site. You agree that
all agreements, notices, disclosures and other communications that the Program Operator
provides to you electronically satisfy any legal requirement that such communications be in
writing. If you are an affiliate, you understand that you may NOT opt out of any emails that you
receive from the Program Operator. As an affiliate, you must continually have a valid email
account on file with the Program Operator or we reserve the right to terminate your participation
immediately, without any refund of any license fees paid or payment of any commission due.
UNAUTHORIZED CHARGING OR RECEIPT OF PAYMENTS THROUGH THE
SITES
No affiliate, or other person or entity may use the website, or the Program Operator payment
processing system, for private transactions. Any revenue collected through the website or
through the the Program Operator payment processing system may become the sole property of
the Program Operator . Any revenue collected through the the Program Operator payment
processing system may become the sole property of the Program Operator. Specifically, affiliates
may not link to the website for processing of products or services that are not wholly sponsored
by the Program Operator and authorized by the Program Operator and further, may not link to
the website for processing of any products beyond what the Program Operator has identified as
salable products for the website and specific affiliate sales. Should any affiliate of the Program
Operator or other person or entity construct links that process orders through the Program
Operator payment processing system, the act will be considered an attack of computing resources
with intent to damage the website and therefore treated as a serious computer crime. Violators
will be prosecuted to the fullest extent of the law.
CHARGING OR RECEIVING ANY PAYMENT FOR ASSISTING YOUR AFFILIATES
The progress of any affiliate benefits the Program Operator in many ways. If You recruit,
sponsor, or obtain an affiliate through the websites, by any means, You should always be willing
to assist such affiliate at no charge to such affiliate. If you are unwilling to assist such affiliates
without charge, your affiliate status with the Program Operator will be terminated immediately
and any commissions due will be withheld permanently as partial compensation for managing
the associated and impacted affiliates.
AFFILIATE IDENTIFICATION NUMBERS
You will be provided an affiliate identification number. Your affiliate ID number may be
numeric and/or CaSe sEnSitIvE. For example, the code ‘learn_more’ is different from
‘Learn_More’. You are responsible for maintaining the secrecy and security of your affiliate ID
number and password. You agree to hold the Program Operator harmless in the event that any
such information is shared by you with any other person or entity whatsoever.
NO PREDATORY ADVERTISING
All affiliates in the affiliate program agree to refrain from any type of predatory advertising
practices, the definition of which shall be at the sole discretion of the Program Operator, and
shall include, but not be limited to, dynamically replacing the affiliate ID of one affiliate with
that of another with the effect of “stealing” the commission away from the affiliate that earned it,
whether this be intentional or not. affiliates may not adjust any of the supplied affiliate links to
reset cookies or bypass other safeguards in the system. affiliates understand that engaging in
such practices is grounds for immediate termination and forfeiture of any earned commissions.
LIABILITY
The Program Operator will not be liable for indirect or accidental damages (loss of revenue,
commissions) due to affiliate system sale tracking failures, commission processing system
failures, losses of database files or backups thereof, attacks on computing resources, computer
viruses, the continued viability of their products, any results of “intents of harm” to the program,
or acts of God or Nature. The Program Operator makes no claim that the operation of the
websites or the Program Operator network will be error-free nor will the Program Operator be
held liable for any interruptions or errors.
MISCELLANEOUS PROVISIONS
a) If any part of this agreement or the Terms and Condition is declared void, this agreement and
the Terms and Conditions shall, to the maximum practicable extent, be construed without
reference to that part. No term or provision of the Agreement shall be waived unless in writing
and signed by the party waiving the provision, and any waiver shall apply only to the specific
event or situation which it describes and shall not be continuing. No affiliate may assign or
sublicense this agreement without the Program Operator’s prior written consent.
b) All legal or other fees incurred in collecting returned checks or declined credit cards or any
other lack of payment related to a sale made by an affiliate will be payable by the affiliate. Any
sums not collected from the affiliate or affiliate’s customer are not commissionable, and any fees
incurred during processing or handling of sales made by the affiliate will be deducted in whole
from any commissions due to the affiliate. Further, in the event that the commissions due the
Affiliate are insufficient to cover any sums, the affiliate agrees to pay the full amount to the
Program Operator.
c) IF THE FOREGOING LIMITATIONS OR THE LIMITATIONS WITHIN THE TERMS
AND CONDITIONS ARE HELD TO BE UNENFORCEABLE, THE PROGRAM
OPERATOR’S LIABILITY FOR DAMAGES UNDER THIS AGREEMENT TO ANY
PERSON OR ENTITY SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY THAT
PERSON OR ENTITY FOR THE PRODUCT, SERVICE, AND OR EBOOK OR SOFTWARE
(LICENSE).
d) To the extent you have in any manner violated or threatened to violate the Program Operator’s
intellectual property rights, the Program Operator may seek injunctive or other appropriate relief
in any court located in Hampden County, MA, USA and you consent to exclusive jurisdiction
and venue in such courts. Use of the Program Operator website is unauthorized in any
jurisdiction that does not give effect to all provisions of these terms and conditions, including
without limitation this paragraph. You agree that no joint venture, partnership, employment, or
agency relationship exists between you and the Program Operator as a result of this agreement or
use of the website, products, and/or services. The Program Operator’s performance of this
agreement is subject to existing laws and legal process, and nothing contained in this agreement
is in derogation of the Program Operator’s right to comply with governmental, court and law
enforcement determined to be invalid or unenforceable pursuant to applicable law including, but
not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid
or unenforceable provision will be deemed superseded by a valid, enforceable provision that
most closely matches the intent of the original provision and the remainder of the agreement
shall continue in effect.
e) This Agreement shall be governed and construed in accordance with the laws of the
Commonwealth of Massachusetts, USA applicable to agreements made and to be performed in
MA, USA. You agree that any legal action or proceeding between the Program Operator and you
for any purpose concerning this agreement or the parties’ obligations hereunder, will first attempt
to be resolved with the help of a mutually agreed-upon online mediator. Any costs and fees (other
than attorney fees) associated with the mediation will be shared equally by each of us.
f) If it proves impossible to arrive at a mutually satisfactory solution through online mediation,
we agree to submit the dispute to binding arbitration at the following location: for legal actions
or proceedings between the Program Operator and you, in Hampden County, MA, USA under
the commercial rules of the American Arbitration Association. Judgment upon the award
rendered by the arbitration may be entered in any court with jurisdiction to do so.
In no case shall you have the right to go to court or have a jury trial. You will not have the right
to engage in pre-trial discovery except as provided in the rules; you will not have the right to
participate as a representative or member of any class of claimants pertaining to any claim
subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of
appeal.
g) Any cause of action or claim you may have with respect to the website, the products, the
services, or the eBook(s), must be commenced within ninety (90) days after the claim or cause of
action arises or such claim or cause of action is barred. The Program Operator ‘s failure to insist
upon or enforce strict performance of any provision of this agreement shall not be construed as a
waiver of any provision or right. Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of this agreement. The Program Operator may assign
its rights and duties under this agreement to any party at any time without notice to you. Use of
headings in this document is for convenience only and does not identify legal boundaries or
terms explicitly.
h) The Program Operator may modify this agreement, and the agreement this creates, at any
time, simply by updating this posting and without notice to you. This is the ENTIRE agreement
regarding all the matters that have been discussed.
i) The Program Operator may transfer any rights or responsibility that it may have to any person
or entity whatsoever. Nothing herein shall alter or encumber the right of the Program Operator to
transfer any such rights or responsibilities. Any transfer by the Program Operator shall cause this
agreement, and any other agreement then in effect (as well as any other contract between you
and the transferring party) to transfer simultaneously, all without permission.
j) Should this affiliate program be deemed illegal in any jurisdiction, the Program Operator has
the right to immediately terminate this program, without recourse. If the payment processors
utilized by the Program Operator determine that sales made through affiliates cannot be
processed through the payment processor, then the Program Operator has the right to
immediately terminate this Program, without recourse. Nothing herein is intended to imply that
the Program Operator will always offer any affiliate program, or this affiliate program, for all
products, services, and/or opportunities sold by the Program Operator on the websites or that the
Program Operator will offer any affiliate program whatsoever.