As an authorized affiliate (Affiliate) of Louis James LLC (The Independent Speculator), you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting The Independent Speculator as an Affiliate.
Your participation in the Program is solely to legally advertise our website to receive a commission on memberships and products purchased by individuals referred to The Independent Speculator by your own website or personal referrals.
By signing up for The Independent Speculator Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.
- Approval or Rejection of the Application
We reserve the right to approve or reject ANY Program application at our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Program application.
Commissions will be paid once a month. There is no minimum payment. We do subtract bank wire and other transfer fees. Affiliates cannot refer themselves. There is also a limit of one commission per referral.
Commissions are tracked via cookies placed on the customers’ devices when Affiliates send potential customers to The Independent Speculator. That means that even if customers don’t buy right away, but come back later (even months later) Affiliates still get the commission for the sale. Even if the customer comes to our order form from other websites in the future, as long as the cookie is there, the Affiliate gets the commission. The max life of the cookie is 360 days.
The cookies are resident on specific devices. If a sale is made from a device without the cookie, the Affiliate will not get commission for the sale. Only one cookie can be placed per device, so if a person or persons using the same device clicks the link on the Affiliate site and purchases multiple times, Affiliates receive a commission on the first sale only.
Payments will only be sent for transactions that have been successfully completed.
- Affiliate Ranks
Commissions are paid as a percentage of first year sales. The more sales referred, the higher the rank and percentage paid, according to the following schedule:
Tier 6: 30% for 1-10 sales
Tier 5: 40% for 11-50 sales
Tier 4: 50% for 51-100 sales
Tier 3: 60% for 101-500 sales
Tier 2: 70% for 501-1,000 sales
Tier 1: 80% for 1,001+ sales
Affiliates will be notified when they achieve higher ranks, and their percentage commission rates will be increased automatically.
Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:
- Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
- Spamming (mass email, mass newsgroup posting, etc.).
- Advertising on sites containing or promoting illegal activities.
- Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
- Violation of intellectual property rights. The Independent Speculator reserves the right to require license agreements from those who employ trademarks of The Independent Speculator in order to protect our intellectual property rights.
- Self referrals, fraudulent transactions, suspected Affiliate fraud.
In addition to the foregoing, The Independent Speculator reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or for no disclosed reason.
- Affiliate Links
You may use graphic and text links both on your website and within in your email messages. You may also advertise The Independent Speculator site in online and offline classified ads, magazines, and newspapers.
You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in Condition 4.
The Independent Speculator will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by The Independent Speculator. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.
- Term of the Agreement
The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.
The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.
Affiliate shall indemnify and hold harmless The Independent Speculator and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by The Independent Speculator to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.
- Governing Law, Jurisdiction, and Attorney Fees
This Agreement shall be governed by and construed in accordance with the laws of the United States and the Commonwealth of Puerto Rico. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the courts located in San Juan, Puerto Rico.
In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.
- Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in The Independent Speculator affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Share a Sale and/or The Independent Speculator application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.