Adamo Group, LLC/Esquire Academy Affiliate Program Agreement

This Agreement contains the terms and conditions that apply to an individual or entity's participation in the Adam Group/AdamOuellette.com/EsquireAcademy.com Online Affiliate Program

As used in this Agreement, "we" means Adamo Group LLC., and "you" means the participant. 

Adamo Group Lllc reserves the right to accept or reject any company requesting to be part of our Affiliate Program. 

 In consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound, agree as follows: 

Linking

We will provide you with the procedures and links to use in linking to our Site(s). To ensure accurate tracking, reporting and commission accrual, we will provide you with special tagged link formats to be used in all links between your site and our site. You must make sure these links are properly utilized. We will not be held liable for any failure by you to use the proper links. Accounts found to be "cookie stuffing" will be immediately removed and permanently banned from the Program. 

Use of Materials

We grant you permission to use the graphic images and text solely for the purpose of identifying your site as a Program participant and to assist in generating sales. We reserve all rights to any graphic image and text, or any other images, our trade name and trademark. 

Commissions

We will pay commissions on any products you sell from our catalogue related to accounts originated from a click through from your affiliate link. You must have referred at least two paying customers to qualify for the affiliate program. We do not pay affiliate commissions on participants' own accounts and participants found to be receiving affiliate commission on their own accounts may be excluded from the Program. Your ledger may show commissions earned, but they will not be paid until and while there at least $250 worth of commission in any given month. Commissions will only be paid 30 days after an invoice is fully processed and paid, and as outlined above (threshold amounts before payment). 

You will earn 50% on all net referral sales of the total qualifying product sale.  Any customer refunds will be deducted from the next check. PayPal payments will be sent out on the first business day of each month, unless the above terms are not met.  Net sale is defined as the amount Adamo Group receives directly from the credit card processing company or paypal, which will be the total amount actually received wherein any fees for credit card and or payment processing has already been deducted.  

Order Processing, Policies and Pricing

We will be responsible for all aspects of account processing and fulfillment. We reserve the right to reject any account or customer that does not comply with our requirements. Customers who purchase products/programs through this Program will be deemed to be customers of Adamo Group, Llc. All rules, policies, customer service and service sales will apply to those customers. We may change our policies and procedures at anytime and prices and availability may vary. 

Terms of the Agreement

We may modify any of the terms and conditions of this Agreement, at any time by providing you a written change notice or new agreement. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Program following our provision of a change or new Agreement will constitute acceptance of the change. Either party may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. If this Agreement is terminated, you will immediately cease use of, and remove from your site, all links to our site, and all of Adamo Group, Llc and it’s sites and programs trademarks, trade dress, logos, and all other materials provided by or on behalf of us to you in connection with the Program. All commissions earned through the date of termination will remain payable only if the related orders are not cancelled or returned. We may hold your final payment for a reasonable time to ensure the correct amount is paid and to make sure any cancellations are subtracted from any amounts owed to you.  

Limitation of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages.  

Furthermore, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to you under this Agreement.  

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products or services sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage).  

In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. Neither party shall be liable to fulfill its obligations hereunder, or for delays in performance, due to causes beyond its reasonable control, including, but not limited to, acts of God, acts or omissions of civil or military authority, fires, strikes, floods, epidemics, riots or acts of war.  

Miscellaneous

This Agreement will be governed by the laws of the United States and the State of Florida. Any action relating to this Agreement must be brought in the federal or state courts located in Broward County, Florida, and you consent irrevocably to the jurisdiction of such courts.  

You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.  

Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.  

Prohibited Activities. In respect of or in relation to any Site (or portion thereof) used by you in connection with your participation in the Program, you may not engage in any activity that is or constitutes, or that involves, facilitates, advocates or promotes any Prohibited Activity. 

“Prohibited Activity” means any of the following activities: (a) discrimination on the basis of race, ethnicity, gender, religion, sexual orientation, age or disability or any other unlawful basis under applicable law; (b) libelous, defamatory, threatening, harassing, tortious, or similarly abusive activities; (c) obscene, pornographic, sexually explicit or similar activities; (d) illegal gambling; (e) sale, export or use of illegal substances; (f) terrorism, sedition or other illegal activities; (g) offering of any MP3, MPEG and/or other proprietary materials for download, sale or otherwise, in any case without the permission of the owner of the Intellectual Property Rights or otherwise infringing the Intellectual Property Rights of any third party (h) a conflict or violation of any law, rule, regulation, self-regulatory principles, Your privacy policy, or any Intellectual Property Rights or other rights of any person or entity; (i) harm to minors in any way; or (j) fraudulent activities or impersonation of any person, including any Supplier (or Supplier Related Parties) representative, or misrepresentation of affiliation with any person. 

No Spam. You may not use any Qualifying Links in any electronic message unless (a) you have received the express written authorization of Supplier or the Network Advertiser to use email or other electronic messages to promote it or its Qualifying Link and (b) any and all such electronic messages comply in all respects with this Agreement, the Network Advertisers terms and conditions, and any and all applicable foreign, national, federal, state, local or provincial laws prohibiting or restricting the delivery of unsolicited electronic communications, also known as SPAM. Further, no electronic message initiated or sent by you or on your behalf may identify Supplier or, except as expressly authorized by an individual Network Advertiser, any Network Advertiser as a sender or sponsor of such electronic message.

Representations and WarrantiesYou hereby represent, warrant, covenant, undertake and agree follows: 

a. You have the legal right to conduct any business conducted by you including in respect of any Site(s) participating in this Agreement and to the extent that you are an individual, you are at least eighteen years of age; and 

b. Any and all information you provided as part of the registration process or otherwise is and shall be truthful, accurate and complete, irrespective of any independent verification or other determination made by Adamo Group Llc; and 

c. This Agreement has been duly and validly authorized, accepted, executed and delivered by you (or your authorized representative) and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms; and 

d. The performance by you of this Agreement and any Engagement to which you are or become a party does not and will not conflict with or violate (i) any law, rule, regulation, order, judgment, decree, agreement or instrument applicable to you, and (ii) if you are an entity, any provision of your certificate of incorporation or other organizational documents. 

You have checked the box on the application that you agree with the terms of this Agreement in its entirety. 

If you have registered for or on behalf of an entity you are deemed to have accepted this Agreement on behalf of that entity.