Your Associate Agreement Explained:
This is all designed to protect your best interests. But in case any of this (necessary) legalese is giving you a headache, let me walk you through it. My comments in blue.
Between Insert your name and address here.
(hereon in referred to as “AS”) and Streetwise Publications Ltd. (hereon in referred to as “STW”) whereby STW is providing AS with use of marketing material and products as specified in accordance with and under the terms of this agreement.
For the purposes of this agreement, you’re referred to as “AS” (as in “Associate”)
- The agreement is not transferable (except to a corporation 100% owned and controlled by AS). This agreement is non-exclusive. The use of said marketing material and products is valid indefinitely, provided AS does not breach the terms of this agreement.
This is to ensure it’s only you using this agreement and that you don’t sell it to someone else. There is no expiration on this agreement as long as you abide by it.
- The following products and associated sales copy are granted the use of: (The S & P Siphon, The Hermes Strategy, System 89P, Vince Graham Seven Minutes a Day Bodysculpting Programme & One Letter From Retirement). Furthermore, as yet unknown titles shall be granted the use of marketing materials and products- a minimum of one a month shall be provided by STW to AS indefinitely provided the monthly advance royalty is paid (see royalties section).
This is basically what you should already know. It details current products and that future ones will exist provided you’re paid up.
- AS does not own the copyright to said marketing materials and products.
Ownership of copyright remains with STW. This agreement is granting you a licence to use them. This was explained in your invitation.
- Minimum Product Pricing is set (all excluding shipping and handling) according to the price stated in the respective product briefs. AS may bundle products together to create a separate product only if the total price of all bundled products respects the minimum product pricing stated in product briefs.
We must be on a level playing field, so prices are set. We can’t allow these products to be giveaways for example as that would devalue them and result in no royalties earned. Always check product briefs as some flexibility may be allowed for testing purposes.
- STW agrees not to market said products- current and pipeline- in the UK other than to STW’s own customer list. AS agrees not to market said products to STW’s customer list.
As explained in the invitation I may not use these promotions to parties not on my mailing list, and similarly, you may not use them on my list.
- Royalties are due to STW as follows: 10% of profit (profit = after refunds revenue less cost of mailing and any third party commissions) on the said products from sales generated by AS. The royalty is NOT payable as a percentage of revenue, only profit. If AS does not make any profit, AS does not pay any royalty to STW. AS shall pay STW an advance on royalty of £1997 plus £97 advance royalty per month for future marketing materials and products (All subject to VAT). Any interruption of the monthly advance shall result in permanent cut off of future marketing materials and products. AS shall deduct any advance royalty paid from future monies owed to STW.
As detailed in your invitation. You only pay me if you make a PROFIT, that means after all your costs are deducted. You don’t make anything, neither do I. And as I keep saying, don’t get your pipeline cut off!
- No change may be made to any sales letter or product unless first approved by STW in writing. AS may change the name of products only.
There’s no problem retitling the products if you want to individualise them for your business, but that’s where it ends. Don’t change the sales letter or the product. They’re already successful, so why mess with something that isn’t broken?
- AS understands that being granted the use of and access to said marketing materials in this context constitutes exposure to sensitive trade secrets and intellectual property of a third party. Therefore, AS agrees to not to make any announcement publicly or privately, anonymously, individually, or through any third party, including Internet mediums, regarding anything to do with said trade secrets or this agreement. Breach of this clause will result in instant termination of this agreement and all royalties paid shall not be refunded.
This is VERY important and I had to guarantee this clause be in place to get permission to offer you this. In the business world, violation of a non-disclosure and/or copyright is taken very seriously and can result in costly lawsuits at your end. It’s very easy to stay on the right side of this though: DO NOT, under any circumstances, say anything, in any form, under any name, in any medium, about this agreement between us and what’s involved. You’re obviously allowed to send out sales letters and products, but that’s all. For example, if you posted a blog about what sales letters are being used and what our deal is, the details of this, etc. etc. you will fall foul of this clause and there could be a severe consequence. This is as much for your protection as anyone’s, by the way.
- Breach of this agreement will result in the revoking of the agreement and recovery of any monies due.
- AS assumes complete responsibility for all actions carried out by himself/herself and the corporations he/she owns and/or controls for the purposes of this license and shall not hold STW liable for anything associated with it.
We’re all grown ups and we take responsibility for our own actions.