My Friend's Basement Affiliate Program Contract

Please note: these terms and conditions are your contract with My Friend's Basement Studio. If you accept the terms and conditions you are indicating you have read them and agree to all terms.

Introduction

My Friend's Basement LLC (also known as "My Friend's Basement" and/or "studio") will provide affiliate (the person who identified themselves when filling out the affiliate program application & checked the box that they agree to these terms and conditions) with participation in the My Friend's Basement Affiliate Program as to the specifications detailed in the Terms and Conditions below.

This contract begins on the date the affiliate accepts the terms and conditions, supersedes all previously agreed to terms and conditions between the parties regarding the affiliate program, and shall be the sole enforceable contract governing the affiliate relationship between them in addition to any contract addendums signed in the future. Any prior terms and conditions agreed to regarding the affiliate program are hereby rendered null and void and shall no longer have any legal force or effect.

Terms & Conditions

The following rates and terms apply:

Affiliate Program Structure

Upon acceptance into the My Friend's Basement Affiliate Program, affiliate will receive a unique referral code that can be used by clients when booking sessions through the studio's website. This code is valid for all standard bookings and excludes any sessions booked in the Friends Membership Program.

Commission Structure

The following commission rates apply:

Payment Terms

Affiliate may choose between two payment schedules:

Individual Payment Option:

Commission payments will be processed within ten (10) days of each qualifying referral event (session booking, Friends Program signup, or Friends Program 6-month milestone).

Monthly Payment Option:

Commission payments will be calculated monthly and paid out within five (5) business days of the end of each calendar month.

Regardless of payment schedule chosen, there is no minimum commission threshold required for payment.

Payment will be made via the affiliate's preferred method from the following options: Venmo, refund to a card on file with the studio, session credit, or another form of payment agreed upon by both affiliate and studio.

Affiliate may change their payment method or payment schedule at any time by providing written notice to the studio.

A statement detailing commission earnings will be provided to the affiliate upon request.

Client Discount for Affiliate Recommendation

Clients who use an affiliate's referral code may receive a discount on their booking. The discount rate is set solely at the studio's discretion and may be modified at any time so long as the studio provides notice to the affiliate. Commission payments to affiliates are calculated based on the total booking fee before any discount is applied.

Tracking and Reporting

My Friend's Basement will track all bookings made using the affiliate's referral code. Affiliate may request a report of their referral activity and commission earnings at any time via electronic communication to the studio.

Referral Code Usage For Others

Affiliate's referral code may be used repeatedly by different clients with no limit on the number of times it can be used. Each use of the code by a qualifying booking will generate the applicable commission for the affiliate.

Referral Code For Self

Affiliate may not use their own referral code for personal bookings. Affiliate will not receive commissions on for their own sessions. This includes bookings made by the affiliate personally or bookings made on behalf of the affiliate by family members, friends, or business associates where the affiliate is the primary beneficiary of the services.

If affiliate forgoes this agreement not to use their referral code for themself and receives a discounted booking session, studio has the right to automatically charge the card on file for the difference between the discounted session and the total session cost.

Promotional Guidelines and Disclosure Requirements

Affiliate agrees to promote My Friend's Basement in a professional manner that aligns with the studio's brand and values.

Federal Trade Commission (FTC) Disclosure Requirement:

Affiliate must clearly and conspicuously disclose their affiliate relationship with My Friend's Basement when promoting the studio's services. This disclosure must be made in accordance with FTC guidelines and must be easily understood by consumers. Examples of appropriate disclosures include "#ad," "I earn a commission if you book," or "affiliate link." This disclosure is required on all promotional content including but not limited to social media posts, blog content, videos, and verbal recommendations.

Affiliate may not:

Non-Exclusive Relationship

This contract does not establish an exclusive relationship between My Friend's Basement and affiliate. Both affiliate and My Friend's Basement retain the right to work with other parties at their discretion.

Program Modifications

My Friend's Basement has the right to modify the commission structure, payment terms, or other aspects of the affiliate program at any time. Studio will provide notice of these changes to affiliates through electronic communication at least thirty (30) days before changes take effect.

Contract Duration and Termination

This contract shall run indefinitely from the date of acceptance until terminated by either party.

Termination by Affiliate: Affiliate may terminate this contract at any time with written notice. Upon termination, affiliate will receive payment for all earned commissions up to the date of termination.

Termination by Studio: My Friend's Basement retains the right to terminate this contract at any time for any reason, including but not limited to violation of promotional guidelines, fraudulent activity, or discontinuation of the affiliate program. Upon termination by the studio, affiliate will receive payment for all earned commissions up to the date of termination.

Effect of Termination: Upon termination of this contract, affiliate's referral code will be deactivated, and affiliate will no longer earn commissions on new bookings. However, affiliate will continue to earn applicable commissions on Friends Program milestones for clients who were referred prior to termination.

Code of Conduct

Affiliate agrees to conduct themselves in a professional manner when representing or promoting My Friend's Basement. Any behavior deemed unprofessional or damaging to the studio's reputation may result in immediate termination of this contract.

Legal Provisions

My Friend's Basement has the right to unilaterally revise the terms and conditions in this contract at any point. Studio will provide notices of these revisions to affiliates through electronic communication. By continuation in the affiliate program, affiliate agrees to the new terms and conditions.

My Friend's Basement cannot guarantee that commission tracking or payment processing will be completely error-free and so the studio cannot be liable to affiliate or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if affiliate advised the studio of them.

The affiliate acknowledges and agrees that My Friend's Basement shall not be held liable for any statements, content, or materials distributed or made by the affiliate in association with the promotion of the studio's services at any time. The affiliate assumes full responsibility for any consequences, legal or otherwise, arising from their own promotional activities.

If affiliate causes special damages, to the studio brand, studio image, or otherwise, affiliate agrees to pay for the damages. If damages result in any legal matters, affiliate agrees to pay for all legal fees that the studio may have.

If any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

Liabilities

By agreeing to this contract, affiliate agrees that My Friend's Basement cannot be held liable for: