Dear Affiliate,

By participating in any Brave Thinking Institute promotions, you agree to the terms of the Agreement set forth below. You also understand, acknowledge and agree to the Company's general Privacy Policy and Terms of Use.

If you do not agree to or understand any of the language in this Agreement or the Terms, then you should not sign up or participate in any of our promotions.

We LOVE and appreciate our affiliates and want you to succeed in our promotions. We also strive to serve our clients with integrity and legal compliance. As an affiliate, we anticipate that you will conduct yourself with professionalism and care for your community/list, which is why we've detailed these Terms and Conditions for you. We also wanted you to be aware of all the prizes and payments associated with our promotions, so watch for additional information related to any of our specific promotions. Each promotion is unique and time-bound, so watch your email for full details related to each launch.

Please read this entire agreement before participating in our launches. It will help you!

Thanks for all your support!

-- Mary Morrissey and Brave Thinking Institute Team

Affiliate Agreement Terms & Conditions

Last Updated: June 17, 2024

This Affiliate Agreement (“the Agreement”) contains the Terms and Conditions that apply to your participation as an affiliate (“you,” “yours,” or “Affiliate”) in the Affiliate Program of LifeSOULutions That Work LLC dba Brave Thinking Institute, (“Company”, “Company”, “we,” “us,” or “our”). By participating in the marketing launch (the "Promotion") of any of our products or programs (the "Product") conducted by the Company, you hereby agree as follows.

1. ELIGIBILITY

SPAM AND UNSOLICITED EMAIL: Affiliate will comply with CAN-SPAM regulations and agrees NOT to send any unsolicited email to any party during the Promotion. Company has ZERO tolerance toward any Affiliate who spams any party or individual, period. If Affiliate is caught spamming with or without "bots", or automated or anonymous social media posting, they will be removed from the Company's Affiliate Program, and their commissions or pending commissions will be canceled and/or forfeited. Affiliate agrees to abide by all Federal Trade Commission Guidelines and the U.S. Federal Can-SPAM Act.

2. EARNING DISCLAIMER: We've taken reasonable measures to ensure we accurately represent our Promotion and its potential to help you earn commissions, as described below. However, there is no guarantee that you will get any results or earn any money whatsoever during this Promotion, and we do not purport this as a "get rich scheme." Nothing on our Sites or in this Promotion is a promise or guarantee of earnings. Your level of success in attaining results is dependent upon a number of factors including your skill, knowledge, ability, dedication, business savvy, network, list, and financial situation. Because these factors differ according to individuals, we cannot guarantee your success, income level, or ability to earn revenue. You alone are responsible for your actions and results in life and business. Any forward-looking statements outlined on our sites or in our Promotions are simply our expectations or forecasts for future potential, and thus are not guarantees or promises for actual performance. These statements are simply our opinion. As stipulated by FTC law, we make no guarantees that you will achieve any results from our ideas or Promotion and we offer no professional legal or financial advice.

3. COMPLIANCE WITH ADVERTISING AND OTHER LAWS: Affiliate agrees to comply with all state and federal regulations that govern the marketing of an affiliate product and in running Affiliate’s business, including the FTC guidelines governing advertising on testimonials and affiliate endorsements, SMS text messaging laws, email laws, and more. The FTC guidelines require, among other things, that your promotions disclose that you have a financial or other biased interest in whether someone purchases a product or service you are recommending (i.e. requires that you disclose you are an affiliate). Those FTC guidelines also require that any time above average testimonials are used, that proper disclaimers are included. Company does not authorize you to use any testimonials with its products or services, except any that are offered to Affiliates by Company. Affiliate hereby agrees not to use fake testimonials or to otherwise engage in practices that would violate any federal or state advertising laws. Failure to comply with this provision can result in immediate termination of this Agreement and of your participation in the Promotion, with no further commissions being owed to you. Company reserves the right to review Affiliate’s marketing materials upon request.

4. COMMISSIONS

5. LINKS: Company will provide Affiliate with Links to this Promotion as well as any related banners, graphics, or text ads necessary to promote and offer the Product to the Affiliate's customers via the Affiliate's Sites or emails. Affiliate may ONLY utilize their unique link provided by the Company on the Affiliate's own websites or emails. Affiliate may NOT post their Link on other websites that are not owned or maintained by the Affiliate or the Affiliate's brand, with the exception of ads or to their social media connections. Spamming the internet with automated or anonymous links outside of Affiliate's direct email list, websites or social media pages will be considered a violation of this Agreement and result in a denial of all Affiliate benefits, prizes and commissions. Affiliate may not use unsolicited commercial email, spam, search engine spam, or other illegal or unethical means by which to generate referral commissions. Affiliate may also not purchase the Product through their link for personal use and receive a commission on that sale. Links are intended to drive new customers to the Promotion. All customer information collected during the Promotion shall be owned by the Company and it is at the sole discretion of the Company whether or not the customer information will be shared with the Affiliate. All information collected before, during and after the Promotion will be managed under the Privacy Policy of the Company as listed on its Privacy Policy page.

6. COMPANY MATERIAL: Affiliate agrees to receive email from Company, including but not limited to, promotional materials, newsletters, and other correspondence. Affiliate agrees to only present Company, Company products and services as set forth by Company, as stated on Company’s web site or Company materials. Affiliate will make no claims regarding potential income, earnings, products, or services beyond what is stated by the Company or Company’s web site. Affiliate agrees not to reproduce commission checks or distribute commission checks in any form or by any means.

7. RESTRICTIONS

8. PRIZE DETAILS

9. RELATIONSHIP OF PARTIES: Nothing in this Agreement shall be deemed to create a partnership, joint venture, agency relationship, or employment relationship between the Parties. Affiliate is participating in the Promotion as a fully independent entity and is responsible for any and all federal, state, local, and/or foreign income taxes and self-employment taxes, and any and all other federal, state, and local licensees, fees or taxes, or sales tax, including withholding taxes, social security taxes, and public liability and workman’s compensation insurance. Under no circumstances will the Company be held liable for any actions or results of the Affiliate.

10. CONFIDENTIALITY

11. NON-SOLICTATION: During the term of this Agreement and for two (2) years after the termination of this Agreement, Affiliate agrees not to, directly or indirectly, solicit, knowingly encourage, knowingly induce, or attempt to solicit any employee or contractor of Company to work directly or indirectly for Affiliate.  Affiliate also agrees not to intentionally interfere with any agreements of Company and further agrees not to intentionally destroy any existing customer relationships of Company.

12. DISCLAIMERS: Company makes no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the Affiliate Program.  In addition, Company makes no representation that the operation of our site or the Affiliate links will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

13. INDEMNIFICATION AND LIABILITY

1. Affiliate agrees to indemnify and hold harmless the Company and the Company’s Founder, Mary Morrissey, an individual, as well as Company’s owners, officers, directors, employees, interns, Affiliates, sponsors and representatives from and against any and all losses, claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorney fees) which Affiliate may be subject to or incur in connection with the Promotion to be rendered, except those claims that are judicially determined to have resulted from Company’s gross negligence or willful misconduct. Under no circumstances will Company or Mary Morrissey or their assigns be held liable for Affiliate’s injury or death or any loss or damage of personal belongings or earnings resulting from its providing of the Promotion or from Affiliate’s participation in any of its promotions, seminars or live events (“Events”) should the Affiliate attend them. 
2. Affiliate hereby accepts all risk to its health including injury or death that may result from participating in any Company Events and hereby releases Company, Mary Morrissey, and their officers, directors, employees, interns, Affiliates, sponsors and representatives from any and all liability to his or herself and their personal representatives, estate, heirs, next of kin, and assigns for any and all claims and causes of action for loss of or damage to Affiliate’s property and for any and all illness or injury to Affiliate’s person, including death, that may result from or occur during Affiliate’s participation at the Events, whether caused by negligence of the Company or its representatives. Affiliate acknowledges and agrees to be financially responsible for any medical or legal bills that may be incurred as a result of participation in the Promotion or Events including any financial loss or emergency medical treatment. Affiliate understands that Company does not give legal or financial advice and under no circumstances will be held liable for results related to the Promotion or Events.  Where authorized by law, Company’s aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.

14. TERMINATION: The relationship between the Parties may be terminated immediately by either party. Upon termination, it is understood that the Confidentiality and Indemnification clauses above will remain in effect for perpetuity.

15. ENTIRE UNDERSTANDING AND DISPUTE: This Agreement constitutes the entire understanding of the Parties and may be modified only by the Company. This Agreement shall be construed and interpreted according to the laws of the State of California in the United States of America and shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives; and references to the Company and to the Affiliate shall include their heirs, successors, assigns, and personal representatives. In the event of a dispute between the Parties regarding this Agreement, any such disputes, controversies and claims arising out of or relating to this Agreement, it shall be settled and determined by arbitration. The rules governing this arbitration shall be according to the American Arbitration Association (AAA) and any arbitration needed will be conducted in California. The parties further agree that the arbitration shall be conducted before a three panel arbitration board wherein each party to this agreement selects one arbitrator and those selected arbitrators select a third arbitrator. The decision of the arbitration shall be final and each party agrees to be bound by the arbitration board.

16. ASSIGNMENT: Affiliates may not assign this Agreement, by operation of law or otherwise, without Company’s prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the Parties and their respective successors and assigns.

17. MODIFICATIONS: The Company reserves the right to amend this Agreement as needed from time to time, and Affiliate agrees that any and all such amendments will apply to the Affiliate. The continuation of Affiliate status, promoting, or marketing the Company, Company products or services, or Affiliate’s acceptance of income, shall constitute Affiliate’s acceptance of any and all amendments. Affiliate agrees to review this Agreement for any changes and additions, monthly or at the beginning of each affiliate payout cycle, whichever is sooner.

18. WAIVER: Company’s failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of Company’s right to subsequently enforce such provision or any other provision of this Agreement.

19. SEVERABILITY: If any provision or covenant, or part thereof, of this Agreement should be held by any court or other legitimate tribunal with appropriate jurisdiction to be invalid, illegal or unenforceable, either in whole or in part, such invalidity, illegality or un enforceability shall not affect the validity, legality or enforceability of the remaining provisions or covenants, or any part thereof, of this Agreement, all of which shall remain in full force and effect.

20. CONTACT: Company may be contacted at ClientCare@BraveThinkingInsitute.com or via its address:

Brave Thinking Institute

31441 Santa Margarita Pkwy, #A-364,

Rancho Santa Margarita, CA 92688