Affiliate Terms & Conditions

THIS IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “YOURS”), AND THRIVE THIS MOMENT LLC, HAVING ITS PRINCIPAL PLACE OF BUSINESS AT, 3500 MAGNOLIA AVE. ST. LOUIS, MO. 63118, HEREIN AFTER CALLED “THRIVE THIS MOMENT”, “WE”, “US”, OR “OUR”). BY PROVIDING YOUR ACCOUNT DETAILS AND CLICKING ON THE "SIGN UP" BUTTON IN OUR AFFILIATE SIGN UP PAGE HERE, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THESE AFFILIATE TERMS AND CONDITIONS (“AFFILIATE TERMS”) AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION HEREIN.

All capitalized terms used and not otherwise defined herein shall have the meaning ascribed to them in Thrive This Moment’s Terms of Use or the Privacy Policy.

1. Overview

These Affiliate Terms contain the complete terms and conditions that apply to You when becoming an affiliate in Thrive This Moment’s affiliate program (the “Affiliate Program”). The purpose of these Affiliate Terms is to allow You to make affiliate commissions through sales generated from Your website to Our Services in the manner set forth herein.

2. Enrollment in the Affiliate Program

(a) Sign up. If You have not already done so, You need to create an account to join to the Affiliate Program. This is free of charge. You need to provide certain contact information in order for the submission to go through. The sign up page can be found at https://www.thrivethismoment.com/affiliate_users/sign_up.

(b) Access to our Affiliate Program. We will send You a welcome email with Your login details so that You may enter Our secure affiliate Portal and a link to download Our Promotional Materials. From Your Portal You will be able to access qualifying Share Links as well as access to Your statistics cards that provide insights into your performance. It is Your responsibility to keep Your username and password information secure. For purposes of clarity, Promotional Materials (collectively, “Promotional Materials”) is defined as style guide, banners, text links, sales copy, videos, graphic elements, and access to data feeds.

(d) You will ensure that your information including your email address is at all times complete, accurate and up-to-date. We may send communications to the email address associated with your account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.

(e) You must be in good standing with the Federal Trade Commission (the “FTC”) and in compliance with all FTC guidelines. As an Affiliate, you also understand and agree that you have read and fully agree to the terms listed on the Official FTC Website. Specific requirements and examples for Thrive This Moment Affiliates can be found at the end of this document on section 13. FTC Disclosure Requirements and Examples for Affiliates.

3. Specific Obligations of Affiliates

As a member of Our Affiliate Program, You represent, warrant, and covenant that You will:

(a) Link to Our Services. You will implement the links, banners, and other means of linking Your website to Our Services (collectively, “Share Links”) pursuant to the referral specifications set forth on the Affiliate Program (“Referral Specifications”). When Your prospective customers click through the Share Links to purchase a membership on Thrive This Moment’s site, you can receive commissions for qualifying purchases as described in Affiliate Commissions.

(b) Maintain Your Site: The maintenance and the updating of Your website will be Your responsibility. Thrive This Moment will notify you via email of any changes to these Terms and our Promotional Materials. However, as a member of Our Affiliate Program and because Our information is updated often, it will be necessary for You to update the Promotional Materials on Your website to maintain consistency and accuracy between Our Services and the Referral Specifications.

(d) Follow and Comply with All Copyright Laws: It is entirely Your responsibility to follow and comply with all applicable copyright and other laws that pertain to Your website. We will not be responsible if You use another person's copyrighted material in violation of the law.

(e) Not to solicit Our Instructors: As a member of Our Affiliate Program, You agree not to directly or indirectly, for Yourself or on behalf of another, solicit business away from, or solicit, induce, influence, or encourage any of Our Instructors to upload their Thrive This Moment’s Video Lessons on Your websites and/or platforms, or otherwise alter, terminate or breach their contractual or other business relationship with Us.

4. Affiliate Responsibilities

As a member of Our Affiliate Program, You understand and agree that:

(a) We Can Monitor Your Site: You hereby give Us the right to monitor Your website at any time to determine if You are following these Affiliate Terms, and to notify You of any changes We feel You should make to remain in compliance to our brand. Further, You must comply with any requests we make for you to take down specific content from your website. Failure to comply is a violation of these Terms and grounds for termination of Your affiliate status.

(b) We Determine the Policies for Referred Customers: Persons who become customers of Our Services through referrals made in the Affiliate Program will be considered Our customers, at Our sole discretion. All Our terms, rules, policies, and operating procedures that apply to Our Users will apply to such referred customers. We may change Our terms, rules, policies, and operating procedures at any time, as further described in Our Terms of Use.

(c) You will not promote Thrive This Moment through paid advertising or media buying that leads directly to Your Website or to Thrive This Moment website (found at www.thrivethismoment.com). You will not bid on Thrive This Moment-branded keywords as an affiliate. This applies to all advertising platforms and to all affiliates unless direct approval from Thrive This Moment is granted.

(d) You will not use Our company name or variations of Our company name in your Domain Names or Social Media pages: You may not register or purchase domain names that include Our company’s name or any misspellings or variations of Our company name to run promotions as an affiliate. Additionally, you may not include Our Company name, variations of Our company name, or the look and feel of Our own social media pages on any social media pages (i.e. Facebook Fan Page) where You run promotions as an affiliate.

(e) You will be Responsible for Your Website’s Content: You may not promote Our course on a website that contains any form of misleading, defamatory, obscene, illegal, bigoted, pornographic or any other content deemed offensive by Us.

(f) You will not promote using cookie-stuffing: You may not use cookie stuffing techniques or click-generators that set the tracking cookie without the user actually clicking on the Share Link. You will not artificially generate clicks or impressions on your site or create visits on Thrive This Moment site, whether by way of a robot or software program or otherwise.

(g) You will not mimic Our media and content: Publishers must make sure that his or her media does not copy or resemble the look and feel of Thrive This Moment website or create the impression that Your media is part of Our company's website. You also understand that using the language found on Our pages verbatim is not allowed unless it is to describe the content found on any given landing page.

(h) You will be Responsible for Your use of content found on Our site. You may create Your own promotional materials using pages from our site as reference. You may also use our Promotional Materials to promote the course accurately on Your site. However, You may NOT download, copy, or use video content (free or paid), course supplementary materials (PDFs, quizzes or extra material), or lesson descriptions and upload them on Your own site(s). Violation of this provision may result in the immediate termination of Your affiliate account.

(i) You will not use spyware, malware, virus and the like: You may not include on your site, display, or otherwise use Share Links or other Content that uses any spyware, malware, or virus, or any software application not expressly and knowingly authorized by users prior to being downloaded or installed on their computer or other electronic device.

(j) You will be open and honest about Your relationship to Us: You may not misrepresent or embellish the relationship between you and Thrive This Moment or imply any relationship or affiliation between you and Thrive This Moment or any other person or entity except as expressly permitted by this affiliate Agreement. You may not represent yourself as an agent or employee of Thrive This Moment or represent that you have the authority to bind Thrive This Moment to a contract.

(k) You cannot utilize a browser extension to promote Thrive This Moment or Thrive This Moment courses without direct approval from Thrive This Moment. All coupon codes available in the extension must be approved by Thrive This Moment. You also understand and agree that your browser extension cannot allow users to upload new coupons into the extension's feed.

(l) You will be mindful of who You do business with: You may not use marketing practices that attract fake customers. We, in our sole discretion, will make the determination whether someone is a fake customer.

(m) You will ensure your sub-affiliates follow all of Our terms: You have the right to work with a sub-affiliate network so long as your sub-affiliates follow Our Affiliate Terms. You understand that You are responsible for Your sub-affiliate’s compliance with these terms and that non-compliance by any of Your sub-affiliates may result in the termination of Your affiliate account.

These Affiliate Terms will begin and become effective upon the creation of your free account.

5. Affiliate Commissions

(a) Eligibility: Except in jurisdictions in which such a transaction is not permitted, You are eligible to earn affiliate commissions through Referrals (as defined in section (i) below) during the term of these Affiliate Terms, according to the calculation described below.

(b) Commission: You will get 30% commission on every sale you bring to us. The amount of sales you can make is unlimited. The exact amount of affiliate commissions due to You in any given payout will be calculated in the following manner:

     (i) The affiliate commission is set up in the Share Links available to You in Your Portal. A “Referral” is a paying customer that You refer from Your website to Our website using the Share Link and Promotional Materials in accordance with the Referral Specifications. Acceptance of a Referral as a User of Our Services shall be at Our sole discretion.

     (ii) Share Links install a cookie onto your prospective customer’s browser for 30 days or until the cache is cleared. The installed cookie allows our Affiliate Marketing System to track views and conversions on our site to automatically calculate and credit Affiliate commission. The Affiliate User is then credited with a percentage of each sale made through their Share Link. As long as the purchase is made within 30 days on the same browser the Share Link was clicked, the Affiliate will be credited with the transaction.

(c) Payout: We generate a monthly payout report on the 15th of every month. You will receive your monthly commissions within 14 days of this report generation via PayPal or Bank transfer. For an Affiliate to receive a commission, the referred account must remain active for a minimum of 14 days. There is no minimum payout amount in this program.

(d) Approval & disapproval of commission: We reserve the right to approve or reject ANY of your affiliate commission on the following basis. You will have no legal recourse against us for the rejection of your affiliate commission.

Approve: The commissions are approved only when the user is still using our service and has an active account after 14 days of the sale being made.

Disapprove: We disapprove of the commission when the referred client’s account is subjected to any refunds/cancellations or violates our terms and conditions.

(e) Recurring payments: Currently we do not offer recurring memberships. Our yearly membership is a one-time payment option, in hopes that people who use the course will no longer need it after the average 6 to 9 months of divorce proceedings. 

(f) Payment of affiliate commissions will be made on a monthly basis. Payments are disbursed according to the payment method You have selected in Your affiliate account. If Your account is terminated due to violation of these Affiliate Terms, We reserve the right to withhold all future payments owed to You.

(g) Affiliate payments are sent to you using PayPal or Stripe. Affiliates are responsible for making sure they are able to accept payments from these payment systems.

(h) Affiliates are responsible for any and all charges, fees, taxes, exchange rates, surcharges and other expenses incurred in order to receive affiliate payments. Please check with your receiving banking institution to find out if any of these apply for your account.

(i) If We determine that payment of affiliate commissions to You in any jurisdiction is illegal under any laws, then We may reserve the right to not pay affiliate commissions for any sales made in that jurisdiction.

(j) We may withhold Your final payment for a reasonable time to ensure that the correct amount is paid to You.

(k) If at any time there has been no substantial activity on your account for 1 year, then we will have the right to withhold any accrued fee. Further, any unpaid fees in your account may be subject to escheatment under applicable law.

6. Licenses

(a) You hereby grant Us a non-exclusive, non-transferable, revocable right to use Your names, titles, and logos in the advertising, marketing, promoting, and publicizing in any manner of Our rights under these Affiliate Terms. However, We are under no obligation to advertise, market, promote, or publicize.

(b) We both agree not to use the other's proprietary materials in any manner that is disparaging or that otherwise portrays the other in a negative light. We each reserve all of our respective rights in the proprietary materials covered by this license. Either one of us may revoke this license at any time by giving the other written notice ending our engagement under these Affiliate Terms and Your Affiliate status. Other than the license granted in these Affiliate Terms, we each retain all right, title, and interest to our respective rights and no right, title, or interest is transferred to the other.

7. Disclaimer

WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THRIVE THIS MOMENT. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

8. Limitations of Liability

WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THESE AFFILIATE TERMS UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE AFFILIATE TERMS, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE AFFILIATE TERMS, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL REFERRAL FEES PAID TO YOU UNDER THESE AFFILIATE TERMS.

9. Indemnification

You agree to indemnify and hold harmless Thrive This Moment and its owners, employees, representatives, agents, and affiliates, against any and all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from Your breach of these Affiliate Terms. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by Us in connection with or arising from any such claim, suit, action, or proceeding.

10. Termination

Thrive This Moment or You can Each End Our Engagement Under these Affiliate Terms: Either Us or You may end these Affiliate Terms AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax.

11. Modification

From time to time, We may update these Terms to clarify Our practices or to reflect new or different practices, for example We may change the scope of Referral Fees, payment procedures, and Affiliate Program rules, or Referral Specifications or Referral Materials, and Thrive This Moment reserves the right in its sole discretion to modify and/or make changes to these Affiliate Terms at any time, at Our sole discretion. If We make any material change to these Affiliate Terms, You will automatically receive an email notifying You that changes were made and prompting You to agree to Our new Affiliate Terms. Modifications will become effective on the day they are posted unless stated otherwise. If any modification is unacceptable to You, Your only option is to end Your participation in the Affiliate Program. Your continued access to platform will be contingent on Your acceptance of Our updated Affiliate Terms. You should visit the Services regularly to ensure You are aware of any changes to the Affiliate Terms, as any revised Affiliate Terms shall supersede all previous Affiliate Terms.

12. Miscellaneous

(a) You represent and warrant to Us that:

(i) These Affiliate Terms constitutes Your legal, valid, and binding obligation, enforceable against You in accordance with the terms and conditions set-forth herein;

(ii) You have the full right, power, and authority to accept and be bound by these Affiliate Terms and to perform Your obligations under these Affiliate Terms, without the approval or consent of any other party;

(iii) You have sufficient right, title, and interest in and to the rights granted to Us in these Affiliate Terms; and,

(iv) YOU HAVE READ AND TAKEN INTO ACCOUNT THE LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER PROVISIONS OF THESE AFFILIATE TERMS PRIOR TO ACCEPTING THESE AFFILIATE TERMS.

(b) Independent Contractors. Each of us shall be deemed to be independent contractors with respect to the subject matter of these Affiliate Terms, and nothing contained in these Affiliate Terms shall be deemed or construed in any manner as creating any partnership, joint venture, employment, agency, fiduciary, or other similar relationship. You will not make any statement, whether on your site or otherwise, that contradicts or may contract anything in this paragraph.

(c) Assignability. You may not assign Your rights or obligations under these Affiliate Terms to any party, and any attempt to do so will be void and without effect. We are free to assign these Affiliate Terms.

(d) Governing Laws. These Affiliate Terms shall be governed by the substantive laws of the State of Missouri without reference to its choice or conflicts of law principles that would require the application of the laws of another jurisdiction, and shall be considered to have been made and accepted in the State of Missouri. Any dispute that may arise in connection with these Affiliate Terms shall be resolved in accordance with our Terms of Use.

(e) You may not amend or waive any provision of these Affiliate Terms unless in writing and signed by both of us.

(f) Entire Agreement. These Affiliate Terms represent the entire agreement between Us and You, and shall supersede all prior agreements and communications between us, oral or written.

(g) Headings and Titles. The headings and titles contained in these Affiliate Terms are included for convenience only, and shall not limit or otherwise affect the terms herein.

(h) Severability. If any provision of these Affiliate Terms is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the both of us is effectuated, and the remainder of these Affiliate Terms shall have full force and effect.

13. FTC Disclosure Requirements and Examples for Affiliates

In December 2009, the Federal Trade Commission (FTC) released the following guides concerning the use of endorsements in advertising. Thrive This Moment requires all their affiliates to comply with these guidelines at all times when promoting Thrive This Moment. Please note that all examples are meant as guidance only and do not, in any way, represent Thrive This Moment’s legal advice to you.

In order for Thrive This Moment affiliates to comply with these guidelines, you must disclose to consumers the fact that you are receiving commissions or payment for promoting Thrive This Moment. Failure to do so may result in immediate removal from our affiliate program and cancellation of any pending commissions or payments.

All disclosures must meet four basic requirements. They must be frequent, clear, conspicuous, and require no scrolling or other type of user action to locate.

Below we provide more clarification for each of the four basic requirements specific to Thrive This Moment.

  • Frequent: Your disclosure must appear on any website, social media post, video, article or review that promotes Thrive This Moment using affiliate links or paid placements (if approved by Us).
  • Clear: It must be immediately clear that you may receive compensation from Thrive This Moment for your review, promotion or recommendation. Do not promise or imply neutrality or independence where in fact a commission or compensation is driving the presentation or promotion of Thrive This Moment on your website or any other online promotion.

Examples of clear disclosures you can use when promoting Thrive This Moment:

     In text form:

  • Disclosure: We are a professional review site that receives compensation from the companies whose products we review. We test each product thoroughly and give high marks to only the very best. We are independently owned and the opinions expressed here are our own.
  • Disclosure: We are a participant in Thrive This Moment Affiliate Program, an affiliate advertising program designed to provide a means for our site to earn fees by linking to thrivethismoment.com.
  • Disclosure: Our team writes about stuff we think you'll like. We aim to highlight products and services you might find interesting, and if you buy them, we may get a small share of the revenue from the sale from our partner, Thrive This Moment.
  • Disclosure: Our team is always looking for things we think our readers will value. If we make an affiliate partnership like the one featured in this article, then we may see a share of revenue.
  • Welcome to Our Site! Disclosure: We are a professional review site that receives compensation from the companies whose products we review. We tested and reviewed the web hosting sites ranked here. We are independently owned and the opinions expressed here are our own.

     In a social media:

  • Use hashtags commonly known to consumers such as #ad or #sponsored in any social media post that includes affiliate links.

     In video format: 

  • You have to verbally state before you talk about our product that "Thrive This Moment has sponsored this video" or "I'm a Thrive This Moment Affiliate so I may receive compensation if you purchase the course after watching this video". Having an annotation or note in the description box is a plus.
  • For Youtube: Check the "video contains paid promotion" box under the "Content declaration" section when you upload the video.

Examples of an unclear disclosures:

     In text form:

  • Disclosure: We are a website that needs compensation to operate like any other website on the internet. We may receive consideration for our reviews but we are totally unbiased and do not accept paid reviews or fake reviews claiming to be something they are not.
  • Clarification: this “disclosure” is omitting the most important information: that a commission is paid for purchases made through links in the post, or that commission or conversion rates are influencing the placement or content of the rankings or reviews.

     In social media: 

  • The use the hashtags #aff or #affiliate in any social media post that includes affiliate links.
  • Clarification: the social media hashtags #aff or #affiliate are not proper disclosures as these terms are not familiar to the average consumer.

     In video format:

  • Just stating that you got a “sneak peek” is not sufficient as it doesn't clearly state to consumers your relationship with Thrive This Moment.
  • Just having a link to an official disclosure in the description box or as an annotation is also not sufficient.
  • Disclosures can’t be placed somewhere that could be easily missed, for example at the end of your video, which is why you should always state it in your video before you talk about Thrive This Moment.

 Conspicuous:  

  • The disclosure must be clear and easy to see. It should begin with the word “disclosure.” No scrolling should be necessary in order to find the disclosure. For the disclosure to be considered clear, make sure you comply with the following guidelines:

    • Font should be: 
      • At least as large as the main text on the page.
      • In a color other than black or gray.
      • In contrast with both with its background and the main text.
      • Darker than its background or the main text.
    • Video disclosure should be:
      • Mentioned in the video itself and be long enough to be noticed, read, and understood by consumers.

Require No Action: 

  • Your disclosure must be immediately evident to a typical visitor to your site who views a review, ranking or endorsement on a PC, Mac, or mobile device. A visitor should not need to scroll, click or hover to learn that you receive compensation. If you do include a clickable link or additional information when a visitor hovers over text, the language of the link itself should reveal the fact that you receive compensation.

     Example of a link that requires no action:

  • Disclosure: We are compensated for our reviews. Click here for details.
  • Keep this in mind: Simply telling the visitor that they can “Click/hover here to read our FTC disclosure” is not adequate. You need to signal through plain words, such as “Advertising Disclosure” that the “disclosure” is relevant to the potential for editorial bias due to commissions.

More information about the FTC Disclosure requirements:

Last updated: February 16th, 2021.

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