This AFFILIATE AGREEMENT is by and between you (“Affiliate”) and Specialty Retail Solutions, LLC d/b/a WhizBang! Retail Training (“WhizBang!”). By submitting an application to join the WhizBang! Affiliate Program you are confirming that you have read, understood and agreed to be bound by the following terms and conditions:
1. The Role of Affiliates. Affiliates may be businesses or individuals that apply and are accepted as Affiliates in the WhizBang! Affiliate Program. Affiliates display, promote, recommend, and refer third parties (“Referred Customers”) to purchase WhizBang! events.
2. Promotion. WhizBang! will make available to you a variety of URLs (“Affiliate Links”), which are subject to the terms and conditions hereof. The Affiliate Links will serve to identify you as a member of the WhizBang! Affiliate Program and will establish a cookie on third party’s internet browser that is active for a period of 90 days or until the third party clears its cookies. When the third party purchases a product or service from WhizBang!, the cookie identifies the third party as a Referred Customer. You will use the Affiliate Links on your websites, in emails, and on social media.
3. Qualified Purchases. Purchases of WhizBang! events made by individuals that have been cookied pursuant to clicking an Affiliate Link. You may not earn affiliate commission on your own purchases.
4. Commissions. Each Affiliate will be paid a commission fee (“Commission Fee”) of 20% of the total payment paid to WhizBang! for all events that are qualified purchases as described above.
5. Enrolling as a WhizBang! Affiliate. The first step in becoming a WhizBang! Affiliate is to complete the enrollment form on this page. Once you have submitted your enrollment form, we will evaluate it in good faith and notify you or your acceptance or rejection. We reserve sole discretion to reject any Affiliate application.
6. Term. The term of this Agreement will begin upon WhizBang!’s acceptance of your WhizBang! Affiliate Program application and can be terminated by the Affiliate at any time or by WhizBang! with 12 months’ advance written notice to the other party. In addition, WhizBang! may terminate the entire affiliate program with 12 months’ advance written notice. The Affiliate will only be eligible for Commission Fees for sales completed and paid for by the third-party during the term of the Agreement.
7. Compliance with Law/Limitation on Content. You agree that your actions as a WhizBang! Affiliate will comply with all applicable laws. During the term of this Agreement, you will not produce content that is, in our opinion, unlawful, harmful, threatening, defamatory, obscene, harassing, racially, ethically, or otherwise objectionable or are in violation of this Agreement. You also agree that you are at least 18 years of age.
8. Processing Orders. WhizBang! will process orders placed by third parties. WhizBang! reserves the right, in its sole discretion, to reject orders that do not comply with any requirements we now have or may establish in the future. WhizBang! will be responsible for all facets of order processing and fulfillment, including service, cancellation, processing, refunds and payment processing. WhizBang! will track Qualified Purchases. To permit accurate tracking, reporting, and Commission Fee accrual, Affiliate must ensure that Affiliate Links are properly formatted. Orders that are refunded will require any paid Commission Fee to be repaid to WhizBang!. Orders that are canceled will earn no Commission Fee.
9. Amendment. WhizBang! may amend any of the terms and conditions contained in this Agreement at any time in our sole discretion. Such amendments shall take effect when posted on the WhizBang! website. WhizBang!, in its sole discretion, reserves the right to notify Affiliate by e-mail and further reserves the right to withhold notification of any changes made to this Agreement. Amendments may include, but are not limited to, changes in the scope of available Commission Fees, Commission Fee amounts/percentages, payment procedures, Commission Fee payment schedules, and WhizBang! Affiliate Program rules. If any modification is unacceptable to Affiliate, Affiliate’s only recourse is to terminate this Agreement. Affiliate’s continued participation in the WhizBang! Affiliate Program following WhizBang! posting of a change notice or new agreement on the WhizBang! website will constitute binding acceptance of the change.
10. Disclaimers. WhizBang! makes no express or implied warranties or representations with respect to the WhizBang! Affiliate Program or the WhizBang! Products or Services sold through the WhizBang! Affiliate Program (including, without limitation, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). In addition, WhizBang! makes no representation that the operation of the WhizBang! website will be uninterrupted or error free, and WhizBang! will not be liable for the consequences of any interruptions or errors, including the tracking of information about customers during the period of interruption.
11. Relationship of Parties. Affiliate is an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliate will have no authority to make or accept any offers or representations on our behalf. Affiliate will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section 11.
12. Assignment. Affiliate may not assign this Agreement, by operation of law or otherwise, without WhizBang!’s prior written consent. Subject to this restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. WhizBang!’s failure to enforce Affiliate’s strict performance of any provision of this Agreement will not constitute a waiver of WhizBang!’s right to subsequently enforce such a provision or any other provision of this Agreement.
13. Governing Law. The laws of the State of Michigan will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Kent County Michigan. Affiliate irrevocably consents to the jurisdiction of such courts.
Addendum to WhizBang Retail Training Affiliate Program Agreement
Effective Date: 2/01/2024
This Addendum ("Addendum") is entered into by and between WhizBang! Retail Training, hereinafter referred to as "Company," and the undersigned affiliate, hereinafter referred to as "Affiliate," collectively referred to as "Parties."
WHEREAS, the Parties have previously entered into an Affiliate Program Agreement, outlining the terms and conditions of the affiliate relationship;
WHEREAS, Company operates various programs, including events hosted by WhizBang! Retail Training;
WHEREAS, Company desires to amend the Affiliate Program Agreement to modify the commission structure for events hosted by WhizBang! Retail Training;
NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
Commission Modification: The Parties agree to amend the Affiliate Program Agreement to reflect a revised commission structure for events produced by WhizBang Retail Training. Affiliates will be entitled to a 20% commission on each sale generated specifically from events hosted by WhizBang! Retail Training.
Exclusions: This revised commission structure shall expressly exclude WhizBang! Retail Training courses and training hosted on the Brilliance Retail Training platform.
Effective Date: This Addendum shall become effective as of 2/01/2024, and the revised commission structure will apply to all qualifying sales made on or after this date. Commissions will only be paid on completed and verified purchases made using the assigned affiliate links. Commissions will not be paid for transactions where the cookied link is not applied.
Integration: This Addendum, together with the original Affiliate Program Agreement, constitutes the entire understanding between the Parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements, whether oral or written.
Governing Law: This Addendum shall be governed by and construed in accordance with the laws of the State of Michigan.
IN WITNESS WHEREOF, the Parties hereto have executed this Addendum as of the Effective Date first above written.
