Please be aware that by submitting the affiliate registration application, you are consenting to this Agreement, which represents the terms and conditions for Katy Boykin’s (hereafter “Owner”) Affiliate Program (“Program”).
1. Enrollment in the Affiliate Program
In order to enroll in the Program, you must completely fill out the application for registering as an affiliate and submit it to the Owner online. The Affiliate Registration Application can be found at www.katyboykin.com/affiliates. The Owner will review your Affiliate Registration Application and make a decision.
2. Age Restrictions
The Owner’s Program has an age restriction. You must be at least 18 years old to be able to join the Program. By submitting an Affiliate Registration application, you represent and warrant that you are at least 18 years old. Katy Boykin assumes no responsibility for any misrepresentation of your age.
3. Acceptance or Rejection of the application
The Owner of the Affiliate Program reserves the absolute right to accept or reject applications of prospective Affiliates. The decision to accept or reject the application solely rests with the Owner. There is no legal recourse against the Owner for rejecting an application.
4. Termination After Acceptance
The Owner of the Program reserves the absolute right to terminate already accepted Affiliate applications for any reason that the Owner finds unsuitable or not in keeping with the business purpose of the Owner’s program. This ability to terminate or rescind approved Affiliate applications after the fact is in Owner’s sole discretion and is not subject to limitation or legal liability.
Moreover, if your approved affiliate account is inactive for 180 days, then the Owner reserves the absolute right to deactivate the approved affiliate account and terminate your affiliate status with Katy Boykin at Boykin Consulting, LLC. If you have earned referral fees before termination, such fees will be paid before terminating your affiliate account.
You, as the Affiliate, also have full authority and rights to terminate your Affiliate relationship with Katy Boykin at any time.
5. Promotion and Marketing
Affiliate links will be available for you on the Affiliate Area page, which you can access by going to https://shop.katyboykin.com/affiliate-area. I will let you know where and how you can keep track of your purchases and referrals.
As an Affiliate, you have the sole responsibility to make sure that your affiliate links are correctly linked to, used, and you follow all the necessary disclosures. You are responsible for making the proper affiliate disclosures in accordance with the Federal Trade Commission Act (FTC) pertaining to your affiliate or referral marketing.
Owner of the Program permits Affiliate to use the affiliate hyperlinks in emails, social media platforms, and blog posts subject to the terms and limitations stated in this Agreement.
6. No Representations or Warranties Regarding Revenue Potential
The Owner of the Program makes absolutely no warranties or representations regarding potential income that may result from your participation in this Affiliate Program. You understand that the potential for income and the amount is based on many different factors for each individual such as marketing techniques, methods, audience size, etc.
The Owner of the Program specifically disclaims any and all warranties and representations related to earning potential from this Affiliate Program.
7. Referral Fees
When you promote and market Katy Boykin’s digital products, and that promotion results in a sale through your referred link, you will earn a referral fee.
As an Affiliate, you will receive a one-time 15% referral fee or commission for each sale.
The Owner of the Program has absolute discretion to amend or change affiliate referral rates on certain products or services. Moreover, Owner has the sole authority to determine if the product or service in question has any affiliate referral payout options or not. This means that Owner can designate a specific product as not eligible for affiliate sales.
Owner has sole discretion and authority to cancel earned commissions if the buyer requests a refund or cancels the order. In such a case, the Owner will cancel the referral fee that is associated with that particular purchase.
The Program does not allow Affiliates to earn a commission for their own personal purchases through the affiliate links.
8. Referral Payment Method
Referral payments will be made to Affiliates of the Program through PayPal. Every Affiliate will be required to provide the necessary account information in order to receive the payments.
If the Affiliate does not provide such information, then the referral payments will be held and not distributed until the Owner is given such information.
9. Payment Schedule/Payouts
Referral fees earned by the Affiliates will be payable 60 days after any qualifying purchases. The payments must be held long enough for any cancellation and refund request periods to pass.
Katy Boykin pays Affiliates of the Program once a month via Paypal, the information which you provided us when you registered as an Affiliate.
During the course of this Affiliate relationship, Affiliates may become privy to confidential information such as launch dates, product ideas, pricing, business plans, financial information, affiliations, membership information, and more. By agreeing to this Affiliate Agreement, you also acknowledge and accept that you’re bound by confidentiality and must not disclose any information that the Owner regards as confidential or proprietary to anyone else for any reason, including monetary gain.
11. Non-Exclusivity Clause
No exclusivity exists between the Affiliate and Owner for this Program. The Affiliate is free to join other affiliate programs, and Owner is free to accept other Affiliates into the Program.
If the Affiliate wishes to promote another program’s products and services, they are free to do so without getting permission from Owner first, as long as Affiliate does not misrepresent Owner’s products and/or services to give favor to another product and/or service.
12. Relationship of the Parties
The relationship that is formed between Owner and Affiliate after the acceptance of the Affiliate into the Program shall not be construed to form any partnership, joint venture, agency, franchise, or employment relationship.
The Affiliate is an independent contractor of the Company for all purposes and will remain so for the duration of the relationship. The Affiliate must not represent itself to be an agent or employee of the company.
The Owner and Boykin Consulting, LLC are not liable for any tax or benefits to the Affiliate.
13. Intellectual Property
By submitting your affiliate registration application, you acknowledge and agree that the intellectual property owned by Katy Boykin at Boykin Consulting, LLC. includes all copyrights, trademarks, trade secrets, patents, and other intellectual property belonging to the Business (“Business IP”).
For the duration of this affiliate relationship, and while Affiliate is in good standing, we grant you a non-exclusive, non-transferable, revocable license to access our websites in conjunction with the Affiliate Program and use the Business IP for the sole purpose of identifying our brand and promoting our products and/or services in your Affiliate capacity through your affiliate hyperlinks directing others to our website.
If Katy Boykin finds out that you are using our Business IP in such a way that is against our policy, we have the sole right to revoke your license, terminate your Affiliate standing, and stop you from using any further Business IP.
As an Affiliate, you are allowed to create your own graphics, copy, and images to promote products and/or services associated with the Program. You will own your own creations, as long as you do not misrepresent or use them to confuse consumers.
Owner does not require prior approval of marketing materials. However, if marketing material is not consistent with Owner’s Business or will negatively affect the Program and its reputation, Owner will ask Affiliate to remove and stop using such promotional materials.
Any use of other intellectual property except what is already stated herein is strictly prohibited.
14. SPAM Policy
You are strictly prohibited from using the Affiliate Program for any spam activities. Illegal spam activities include, but are not limited to gathering email addresses and personal information from others or sending any mass commercial emails.
Katy Boykin agrees to indemnify you and your affiliate network, employees, and agents from and against any and all liability arising out of our Site’s breach of contracts, terms, or obligations under this Agreement. You will not be responsible for any attorney fees, court fees, liabilities, etc.
Affiliate also agrees to indemnify Katy Boykin against any and all liability arising out of Affiliate’s or its employees or agent’s breach of contract, terms or obligations under this Agreement, or violation of any third-party intellectual property rights by you or your site. Katy Boykin at Boykin Consulting, LLC will not be responsible for any attorney fees, court fees, damages, or punitive damages.
16. Limitation of Liabilities
Katy Boykin disclaims any and all liability and warranties that Affiliate might experience, such as site downtime, affiliate program malfunction, earning a profit as a result of being an Affiliate for the Program.
Affiliate acknowledges and accepts that Katy Boykin cannot guarantee that technology will function as it should at all times because unpredictable errors happen. Therefore, Katy Boykin is not liable for such machine errors.
17. Governing Law
The governing law for this agreement is Arizona, U.S.A. Any and all legal matters arising out of this Agreement shall take place in the course of Arizona, U.S.A.
18. Entire Agreement
This Agreement represents the entire agreement between the parties. All the terms and sections stated herein are binding. This Agreement can only be modified by the written consent of both parties.