Updated: 7/31/2024
This Affiliate Agreement and the Agency Support for HighLevel Terms of Service incorporated herein by reference (collectively the “Agreement”) govern your activity, application to join, and any subsequent participation in, Agency Support for HighLevel's Affiliate Program (the “Program”). By accepting the Terms of Service, or by participating in the Program, you agree to be bound by these terms. This Agreement is a binding legal contract between the individual who accepts its terms or the business entity that the individual represents (“Affiliate,” “You” or “you”) and Level Up Pipeline LLC, doing business as Agency Support for HighLevel (“we” or “us”). If you represent a business entity, you confirm that you have the authority to bind that entity to this Agreement. Agency Support for HighLevel reserves the right to modify the Agreement at any time. Your continued participation in the Program constitutes acceptance of any new versions of the Agreement.
You agree to provide all information reasonably requested by Agency Support for HighLevel in connection with your Program application and represent that all information provided is truthful and accurate. You understand and agree that Agency Support for HighLevel retains sole discretion to determine whether you qualify for participation in the Program. We reserve the right to change our criteria for the Program at any time, for any reason. You expressly consent to be contacted about your application and the Program via the email address and phone number you provide. Forms of contact may include automated dialing systems, texts, and artificial or pre-recorded messages. You may revoke this consent at any time by submitting a written request to [email protected].
To participate in the Program, you must comply with the following Rules. If Agency Support for HighLevel determines, in its sole discretion, that you are not in compliance with these Rules, you will be considered in material breach of this Agreement, and we may terminate this Agreement and your participation in the Program immediately (including forfeiture of Earned Commissions), without liability, in addition to seeking any other available remedies in law and equity.
a. Compliance with Laws. You are responsible for adhering to all applicable laws and regulations, including those related to deceptive and misleading advertising, email marketing (including the CAN-SPAM Act), testimonials (including FTC’s Revised Endorsements and Testimonials Guides), and all FTC guidelines. We have sole discretion to determine whether your advertising complies with these laws.
b. Disclosure Requirement. On any platform where you advertise Agency Support for HighLevel's services or products, you must clearly display a disclaimer such as: “Disclosure: I am an independent entity from Agency Support for HighLevel. I am not an agent or employee of Agency Support for HighLevel and have no authority to bind them. I receive referral payments from Agency Support for HighLevel. The opinions expressed here are my own and not those of Agency Support for HighLevel or its affiliates.”
c Non-Disparagement. You agree not to make, publish, or communicate any defamatory or disparaging remarks about Agency Support for HighLevel, its employees, or officers. You may not make negative comments about competitors for the purpose of promoting our products or services.
d Social Media Requirements. When advertising on social media platforms, you must comply with each platform's rules. For example, use Instagram’s “Paid Partnership” tool for posts and include terms like “Ad,” “Advertisement,” “Promotion,” or “Paid Partnership” in YouTube videos in a clear and conspicuous manner. Each post must comply with all applicable social media platform rules and include #AgencySupportForHighLevel and #ad before the text description.
e Marketing Claims. Affiliates are prohibited from making claims about Agency Support for HighLevel's products and services that are inconsistent with or beyond our marketing materials. Do not make claims that imply guaranteed earnings or business opportunities. All marketing materials must be accurate and supported by your experience, accompanied by a disclaimer: “These were my results based on my experience. Your results may vary. There is no guarantee you will make money.”
f. General Advertising Rules. Your advertising materials must not infringe on anyone’s intellectual property or privacy rights, contain harmful or offensive content, or utilize any technology that interferes with or intercepts data. No cookie stuffing or deceptive practices are allowed. Maintain and update your advertising platforms responsibly.
g. Pay-Per-Click (PPC) Guidelines. You may run PPC campaigns as long as they comply with this Agreement, Google’s terms, and applicable laws and regulations.
h. Other Rules. You must ensure your employees, agents, and representatives comply with this Agreement. You are not permitted to offer monetary incentives for responses to advertisements. Only use authorized affiliate links. Self-referrals are prohibited. Fraudulent or deceptive behavior will result in termination from the Program.
We reserve the right to review your advertising placements and require changes to comply with our guidelines. Your advertising platforms must not resemble or create the impression that they are part of our official website. Unauthorized use of our content, including discounts and promotional offers, is prohibited. Promotion through sub-affiliate networks is not allowed without written consent.
For any questions or concerns, contact us at [email protected].
Upon acceptance into the Program, you will receive a unique Affiliate ID through our platform. This ID will be incorporated in the URL you use to promote Agency Support for HighLevel. You can earn commissions for each sale tracked using your Affiliate ID.
If a Prospect has multiple Affiliate cookies, the most recently acquired Cookie will generally determine which Affiliate is credited with the sale, except in specific cases such as self-referrals or other scenarios at our discretion. If a Prospect signs up without an affiliate connection, no commissions will be earned unless otherwise agreed upon in writing.
A commission is "earned" only if you have a maintained account with a third-party payment provider and provided accurate information to us, and if the Prospect’s account remains in good status for at least 45 days after the sale. No commission is earned if your payment information is incomplete or inaccurate. Commission payout amounts are determined by Agency Support for HighLevel and may change at our discretion. Payouts are made on the 15th of each month following our receipt of payment for a sale, subject to the terms of this Agreement. If the 15th falls on a holiday or weekend, payouts occur on the next business day.
Commission Rates:
Single Account: 30% (applicable to all users)
In cases where a Prospect is affiliated with different Affiliates for different services, commissions will be allocated as deemed appropriate by Agency Support for HighLevel.
All commissions are paid in U.S. Dollars (USD) or other currencies offered by the payment provider. Some payment methods may incur processing fees deducted from your commissions. Your combined commissions must equal or exceed $50.00 (USD) before you receive a payment. If your combined commissions do not exceed $50.00 (USD) within a 120-day period, they will be forfeited.
Affiliates must register with a third-party payment provider to receive payouts and may need to submit tax forms or other required documents. Failure to submit required documents in a timely manner may result in forfeiture of commissions earned more than 120 days prior. Non-U.S. residents may have tax withheld where required by law and are responsible for compliance with all tax laws in their jurisdiction.
If a sale is determined to be fraudulent or in violation of this Agreement or the law, no commission will be earned, and if already paid, it will be withheld from future payouts or refunded to us. If a sale is refunded or charged back, any commission paid for that sale is considered unearned and will be deducted from future payouts.
Agency Support for HighLevel will make reasonable efforts to pay out all earned commissions. If we are unable to pay a commission for reasons beyond our control, those commissions may be forfeited at our discretion.
For any questions or concerns, contact us at [email protected].
Agency Support for HighLevel may provide you with various resources and materials (such as courses, PowerPoints, pitch decks, website templates, images, social media posts, etc.) for use in connection with your participation in the Program (collectively, “Agency Support for HighLevel Materials”). You acknowledge our ownership of these materials, agree not to act inconsistently with our ownership, and understand that all use of these materials, including associated goodwill, benefits Agency Support for HighLevel. If requested, you agree to assist in recording this Agreement with appropriate government authorities. Nothing in this Agreement grants you any right, title, or interest in these materials other than the right to use them as permitted under this Agreement. You agree not to challenge our rights to these materials or this Agreement.
All rights regarding the Services, name, and trademarks of Agency Support for HighLevel, whether currently existing or arising in the future, are reserved to us. Any goodwill generated through your use of our name and trademarks benefits Agency Support for HighLevel exclusively. Except as specified in this Agreement, you may not use our name or trademarks without prior written consent. You will promptly notify us of any infringement or potential infringement of our rights and provide reasonable assistance in connection with such matters, at our expense. You shall not promote or provide services to any entity infringing on our intellectual property. You will use commercially reasonable measures to protect the security of the Services on your system and network, including internal and public websites, from hacking or unauthorized access, modification, or redistribution. Upon becoming aware of any security breach, you shall notify us and take prompt action to address the breach.
The term of this Agreement begins upon the earlier of (i) your acceptance of this Agreement; or (ii) Agency Support for HighLevel’s approval of your participation in the Program. Your participation will continue month-to-month until terminated. Either party may terminate this Agreement at any time, with or without cause, by giving the other party thirty (30) days' written notice. If we determine, in our sole discretion, that you have breached any term of the Agreement, Privacy Policy, or Terms of Service, or violated any law, we may terminate the Agreement or suspend your access without notice. This may also include termination of any accounts controlled by you.
In the event of termination due to your default, you immediately forfeit all commissions and any other payments owed to you without further liability from Agency Support for HighLevel.
If this Agreement is terminated or canceled, all provisions that should survive will survive, including limitations of liability, disclaimers of warranties, indemnity obligations, mandatory arbitration and class action waiver provisions, and exceptions to arbitration. All representations and warranties you undertake will also survive termination or cancellation of this Agreement and/or your account with Agency Support for HighLevel.
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 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 consumer protection or advertising laws. If you become the subject of such an investigation, inquiry, prosecution, or lawsuit any time after this Agreement is executed, you are required to notify Agency Support for HighLevel of the same within 24 hours. Agency Support for HighLevel, in its sole and exclusive discretion, may immediately terminate your participation in the Program, as well as immediately terminate this Agreement, based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph.
This Agreement represents the entire agreement between the parties regarding the Program and supersedes any other written or oral agreements between them. In the event you have executed a separate written agreement related to the Program, that separate agreement will prevail in case of a conflict with this Agreement.
Affiliates are independent contractors of Agency Support for HighLevel. It is expressly understood and intended that no employee/employer or principal/agent relationship exists between Agency Support for HighLevel and you by virtue of this Agreement. You have no right to act on behalf of or bind Agency Support for HighLevel in any way, nor share in its profits or losses. The only compensation available to you is as set forth in this Agreement. You are solely responsible and liable for all your acts or omissions.
Agency Support for HighLevel does not promise, guarantee, or warrant your business success, income, or sales. You understand, acknowledge, and agree that Agency Support for HighLevel will not 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.
Except where prohibited by law, in no event shall Agency Support for HighLevel or any of its officers, directors, shareholders, employees, independent contractors, telecommunications providers, and/or agents be liable for any indirect, special, incidental, exemplary, consequential, punitive, or other damages, fees, costs, or claims arising from or related to this Agreement, Terms of Service, Privacy Policy, Platform, or Services, your or a third party’s use or attempted use of the website or any software, service, or product, regardless of notice of the possibility of such damages. This includes, without limitation, loss of use, profits, data, goodwill, or the cost of substitute services or products. This applies regardless of how damages are caused, whether for breach of contract, tort (including negligence and strict liability), warranty, or otherwise. In no event shall our liability to you or your business exceed the amount of three (3) times the payments you paid to Agency Support for HighLevel for the month preceding the date of the claim or one-thousand five hundred dollars ($1500), whichever is less. Subject to applicable law, the remedies set forth are your sole and exclusive remedies for our entire obligation and liability. However, this does not prevent us from seeking any and all remedies available in law or equity.
Any dispute arising under this Agreement shall be settled by arbitration administered by the American Arbitration Association pursuant to its then-current rules. The arbitration shall be conducted before a single arbitrator in Clark County, Nevada, in English. The arbitrator will apply the laws of the State of Nevada. The arbitrator’s decision will be final and binding. Each party will bear its own costs irrespective of the outcome. This section is the sole recourse for dispute settlement, except that either party may seek preliminary injunctions in a court of competent jurisdiction to prevent irreparable harm.
The parties agree not to bring disputes on a collective or class basis, only on an individual basis. An arbitrator cannot resolve disputes regarding the enforceability of this class action waiver; only a court can. If the class action waiver is deemed illegal, a court, not an arbitrator, will hear any class or collective action.
You agree to protect, defend, indemnify, and hold harmless Agency Support for HighLevel, its officers, directors, employees, owners, parent companies, and assigns from all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs, or expenses (including reasonable attorneys’ fees and investigation costs) arising directly or indirectly from (1) use or reliance on information supplied by you, (2) any breach of this Agreement by you, (3) your use or possession of any Agency Support for HighLevel property, except when caused by our gross negligence or willful misconduct, (4) any negligence or misconduct by you or your employees or agents.
If any provision of this Agreement is found to be inconsistent with or contrary to any applicable law, rule, or regulation, that provision shall be modified to the extent required to comply with the law, rule, or regulation, and the rest of this Agreement and the Terms of Service shall continue in full force and effect.
Agency Support for HighLevel has the right to seek equitable or provisional relief from any court of competent jurisdiction to enforce any rights under this Agreement, including but not limited to temporary restraining orders, preliminary injunctions, writs of attachment, or orders compelling audits. Judicial actions under this paragraph do not waive the right to resolve the dispute through arbitration.
The parties agree that any breach or threatened breach of this Agreement will result in irreparable harm for which there is no adequate remedy at law. The non-breaching party is entitled to seek injunctive relief without posting a bond or proving actual damages to prevent further breaches.
You must notify Agency Support for HighLevel of any complaint regarding advertisements within twenty-four (24) hours of receiving such complaint. Notice should be sent to the Agency Support for HighLevel Support Team at [email protected].
No party will be liable for nonperformance of any of its obligations under this Agreement if such nonperformance is due to a Force Majeure Event, provided reasonable notice and good faith efforts to find a solution are given. A “Force Majeure Event” includes acts of God, war, riot, terrorism, governmental regulations, natural disasters, labor disturbances, pandemics, or other events beyond the control of the affected party. The non-performing party must promptly notify the other party of the Force Majeure Event and its anticipated effect on performance.
When registering as an affiliate with Agency Support for HighLevel, you acknowledge and agree to be bound by the terms and conditions outlined in this Affiliate Terms of Use, as well as our Privacy Policy & Terms and Conditions Policy. If you do not agree to these Policies, we kindly request that you refrain from entering into any agreements with us.
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