Affiliate Agreement
Authorization and Contract
By executing the Affiliate Agreement (“Affiliate Agreement”), you apply for legal authorization to become an André Marvão, Unipessoal Lda (“the Company”) Affiliate and enter into contract with André Marvão, Unipessoal Lda. This Agreement is created to provide detailed guidelines and limitations for all Affiliates.
Purpose
The purpose of the Affiliate Program is to provide individuals with the opportunity to sell our products. In exchange for successfully making sales and referring others to our products, the Company offers compensation pursuant to the terms of the Compensation Plan.
Becoming an Affiliate
To become an Affiliate, an applicant must comply with the following requirements:
1) Be of age of majority in his or her state or Country of residence;
2) Be an active member of our products to ensure he or she is able to provide an informed perspective to the market & potential customers;
3) Complete the application process set out inside our products & as guided by the team.
Cookies
When you promote our products with an approved affiliate link, a cookie is placed on your visitor's browser. This cookie remains in place until the user makes a purchase on the last clicked cookied link. In other words - whichever link is last clicked and gets the sale, is attributed the commission.
Encouraging users to cancel their account to join under your affiliate link is called "commission poaching" and is strictly prohibited. This activity will cause immediate expulsion from the program, and any unpaid commissions will be withheld.
Pay Per Click (PPC) Policy
PPC bidding on trademark terms related to André Marvão, Unipessoal Lda is NOT allowed.
Modification of Terms
Because federal, state, and local laws, as well as the business environment, periodically change, the Company reserves the right to amend the Agreement and the Referral Plan in its sole and absolute discretion. Any such amendment, change, or modification shall be effective immediately.
Term and Termination
The term of this Agreement will begin upon our acceptance of your application and will end immediately when terminated by either the Company or you. In the event of a material breach of this Agreement, the Company reserves the right to terminate this Agreement. Upon cancellation or termination, all rights are forfeited regarding any commissions, referrals or other remuneration. The Company reserves the right to terminate all Affiliate Agreements with 30 Days Notice.
Independent Contractor Status
The Affiliate is an independent contractor, and not a purchaser of a franchise or business opportunity. Therefore, each Affiliate’s success depends on his or her independent efforts. The agreement between the Company and its Affiliates does not create an employer/employee relationship, agency, partnership, or joint venture between the Company and the Affiliate. All Affiliates are responsible for paying local, state, and federal taxes due from all compensation earned as an Affiliate of the Company. Affiliates have no express or implied authority to bind the Company to any obligation or to make any commitments by or on behalf of the Company.
As a self-employed independent contractor, you will be operating your own independent business selling products and services available through the Company on your own account. You have complete freedom in determining the number of hours that you will devote to your business, and you have the sole discretion of scheduling such hours.
Selling Our Products
You agree to make no representations or claims about any products or services beyond those shown in official literature.
Income Disclosure Policy
In an effort to conduct best business practices, the Company has developed an earnings disclaimer. The earnings disclaimer is designed to convey truthful, timely, and comprehensive information regarding the income that Company Affiliates can earn. In order to accomplish this objective, a copy of this income disclaimer must be presented to all prospective Affiliates. Copies of the income disclaimer may be printed or downloaded from the company website at https://www.andremarvao.com/earnings-disclaimer.
Referral Plan
Affiliates must adhere to the terms of the Referral Plan as set forth in Official Materials. Affiliates shall not require or encourage other current or prospective customers or Affiliates to participate in our products in any manner that varies from the program as set forth in Official Company Materials. Affiliates shall not require or encourage other current or prospective customers or Affiliates to make any purchase from, or payment to, any individual or other entity to participate in the Referral Plan other than those purchases or payments identified as recommended or required in Official Materials.
An Affiliate must actively monitor his or her account & report any issues immediately. Once affiliate payments have been processed, no adjustments will be made. For additional information on payment of commissions, please review the Compensation Plan.
Product Sales
The Referral Plan is based upon the sale of our products and services to end consumers. Purchasing our products solely for the purpose of qualifying for commissions is strictly prohibited.
Bonus Buying Prohibited
Bonus buying is strictly and absolutely prohibited. Bonus buying includes: (a) the enrollment of individuals or entities without the knowledge of and/or execution of an Affiliate Agreement by such individuals or entities; (b) the fraudulent enrollment of an individual or entity as an Affiliate or Customer; (c) the enrollment or attempted enrollment of non-existent individuals or entities as Affiliates or Customers (“phantoms”); (d) purchasing our products or services on behalf of another Affiliate or Customer, or under another Affiliate’s or Customer’s ID number, to qualify for commissions or bonuses; (e) purchasing excessive amounts of goods or services that cannot reasonably be used or resold in a month; and/or (f) any other mechanism or artifice to qualify for incentives, prizes, commissions, or bonuses that is not driven by bona fide product or service purchases by end user consumers.
Pay Period
Affiliates will receive commissions twice per month, on the 1st and 15th of every month, for sales completed the previous month.
Use of Sales Aids
While promoting the Company, Affiliates must use the sales aids and support materials produced by the Company. If Affiliates develop their own sales aids and promotional materials (which includes Internet advertising), notwithstanding Affiliates’ good intentions, they may unintentionally violate any number of statutes or regulations affecting the Company. Accordingly, Affiliates must submit all written sales aids, promotional materials, advertisements, websites and other literature to the Company for approval prior to use. Unless the Affiliate receives specific written approval to use the material, the request shall be deemed denied. All Affiliates shall safeguard and promote the good reputation of the Company and its products.
An Affiliate may not build third-party sites that contain materials copied from corporate sources nor create his or her own website to promote the Company without receiving express approval. An Affiliate may not use or attempt to register any of the Company’s trade names, trademarks, service names, service marks, product names, URLs, advertising phrases, the Company’s name or any derivative thereof, for any purpose including, but not limited to, Internet domain names (URL), third party Web sites, Web pages, or blogs.
Constructive Criticism
The Company desires to provide its Affiliates with the best services and fee schedule possible. Accordingly, the Company values constructive criticism and encourages the submission of written comments addressed to the Company leadership. However, negative and disparaging comments about the Company calculated to dampen the enthusiasm of other Affiliates and disparage the Company represents a material breach of these Policies and Procedures and may be subject to sanctions as deemed appropriate by the Company.
Intellectual Property
Affiliate agrees to use the Trademarks and Copyrights in the form and manner and with appropriate legends as currently used and permitted by the Company. All promotional materials supplied or created by the Company must be used in their original form and cannot be changed, amended or altered except with prior written approval from the Company. The name of the Company, each of its product names and other names that have been adopted by the Company in connection with its business are proprietary trade names, trademarks and service marks of the Company. As such, these marks are of great value to the Company and are supplied to Affiliates for their use only in an authorized manner.
Jurisdiction and Governing Law
The formation, construction, interpretation, and enforceability of your contract with the Company as set forth in this Affiliate Agreement and any incorporated documents shall be governed by and interpreted in all respects under the laws of Portugal without regard to conflict of law provisions.
Contract Submission
An emailed copy of the Agreement shall be treated as an original in all respects.
Dispute Resolution
All disputes and claims relating to the Company, its products and services, the rights and obligations of an Affiliate and the Company, or any other claims or causes of action relating to the performance of either an Affiliate or the Company under the Agreement or the Company terms and conditions shall be settled totally and finally by arbitration in Portugal or such other location as the Company prescribes. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Nothing in the Agreement shall prevent the Company from applying to and obtaining from any court having jurisdiction a writ of attachment, garnishment, temporary injunction, preliminary injunction, permanent injunction or other equitable relief available to safeguard and protect its interest prior to, during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
Indemnification
An Affiliate is fully responsible for all of his or her verbal and/or written statements made regarding our products, services, and referral fees, which are not expressly contained in Official Company Materials. Affiliate agrees to indemnify the Company and hold it harmless from any and all liability including judgments, civil penalties, refunds, attorney fees, court costs or lost business incurred by the Company as a result of the Affiliate’s unauthorized representations or actions. This provision shall survive the cancellation of this Agreement.
Miscellaneous
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. The provisions of this Agreement, including all documents incorporated herein by reference, embody the whole agreement between you and the Company and supersedes any prior agreements, understandings and obligations between you and the Company concerning the subject matter of your contract with the Company.
