AFFILIATE AGREEMENT

Effective date: July 2025

 

AFFILIATE AGREEMENT

Before participating in this Affiliate program, You must read the following and confirm acceptance at the bottom of this form for it to be submitted to Bob Proctor Legacy Inc.

 

Whereas:

Bob Proctor Legacy Inc. (“Company”) may offer You an opportunity to become an independent Affiliate (“Affiliate”) for the Company, wherein You will have the opportunity to earn Commission from the Sale of Company subscriptions, products, and services (“Services”) that You sell. The Company reserves the sole and exclusive right to determine the amount of remuneration each Affiliate will receive in exchange for the Affiliate’s efforts.

 

Terms and Conditions:

Definitions

In these Terms and Conditions, the following definitions apply:

 

“Advertising” means paid for promotion of any kind.

"Affiliate" means the person or entity identified in this Agreement based on the electronic submission and Affiliate Account;

“Affiliate Portal” the secure back-office page(s) of the Company website specific to the administration of the Affiliate program.

"Affiliate Share Link" means the digital marker embedded within Your assigned Affiliate link.

“Affiliate Account” the required fields that form the Affiliate’s account within the Affiliate Portal necessary to effect communication and payment.

“Commission” means the percentage of a Sale Transaction payable to the Affiliate subject to the Terms and Conditions herein.

“Prospect” means any person or entity referred to the Company directly from Your Affiliate Share Link.

“Sale” means a purchase of service by a Prospect.

“Transaction” means the successful transfer of funds from a Prospect to the Company.

“Unauthorized Sale” means any Sale that was procured fraudulently or as a result of any violation of this Agreement or applicable law.

 

SECTION 1 – PARTIES:

All references to “Bob Proctor Legacy” herein means and refers to Bob Proctor Legacy Inc. (“Company”), an Ontario corporation. All references to “You” and

“Your” mean and refer to the person or entity who has executed this Agreement. The Company and You are each referred to herein as a “Party,” and collectively as the “Parties.” You agree to notify the Company in writing if the legal name of Your business or account ownership changes within twenty-four (24) hours of such change and You certify that all such information is truthful and accurate.

 

SECTION 2 – APPLICATION:

You agree to provide all information requested by the Company in connection with Your Affiliate Account and You affirm that all information that You provide is truthful, accurate, and complete without omission. You understand and agree that the Company retains sole and exclusive discretion to determine whether You qualify for participation in the Company’s Affiliate program. Not everyone who applies for the Company’s Affiliate program will qualify to participate.

 

SECTION 3 - CONSENT TO BE CONTACTED:

You expressly consent to be contacted at the email address, mailing address, and phone number You provide in Your Affiliate Account about Your application submission and the Affiliate program, including through automated dialling systems, texts and artificial or pre-recorded messages, whether by the Company or a third-party on behalf of the Company. This consent is a material condition of this Agreement and may not be revoked except in accordance with Section 5 – Term and Termination of this Agreement.

 

SECTION 4 – COMPENSATION:

If Your application to become an Affiliate is approved by the Company, You will receive a unique Affiliate Share Link. The Affiliate Share Link will be incorporated within each URL which You will use to Promote the Services. You will have the opportunity to receive a commission for each Sale Transaction that is registered using Your Affiliate Share Link.

Provided that a Sale Transaction registered to Your Affiliate Share Link is received by the Company and remains in good standing for a consecutive forty-five (45) days You will be paid a Commission for the completed Sale Transaction. Except as otherwise provided herein, Commission payments will be paid monthly following the above noted forty-five (45) day period. Monthly payments will be made on a date identified within the Affiliate Portal. Payment of Commission remains subject to all other Terms and Conditions of this Agreement. In the event the payment date falls on a holiday, Commission payments will be paid on the first business day following the holiday. All Commission payments are based on the amount of the Sale Transaction funds received by the Company after deduction of Transaction processing fees and any applicable taxes.

The Commission rate for Sales of Company Services attached to Your unique Affiliate Share Link are:

Blueprint for Success Subscription: 40%.

Future Services: to be determined at the sole discretion of the Company

In no event shall one Sale result in Commissions for more than one Affiliate. The Commission shall be payable based on the Affiliate Share Link attached to the Prospect at the time of Sale which is based on the last cookie.

All Commissions are paid in U.S. Dollars (USD) or equivalent value currencies based on exchange rates at the time of payment offered by the Company approved payment provider. Some payment methods may incur processing fees and/or international transaction fees that shall be deducted from Your Commissions. Your combined Commissions must equal or exceed One Hundred Dollars ($100.00 USD) before You receive a payment from the Company.

Before You can be paid any Commission You must provide the Company with all supporting documentation and information required by the Company or its approved third-party payment provider necessary to facilitate payment. You will be deemed to have permanently waived and forfeited all rights to Commissions that were earned more than 120 days before submitting any supporting documentation and information that is required to facilitate payment. The Company may withhold tax where required by applicable law. You are solely responsible for complying with all tax laws in Your respective jurisdiction(s) including, but not limited to, the payment of all required taxes, and filing of all returns and other required documents with the applicable governing body.

Affiliates are not permitted to offer cash rebates or other monetary incentives to obtain Sales. Affiliates are prohibited from directing or receiving Sale Transactions to any other account other than the account of the Company.

Commissions are paid only for completed Transactions received by the Company. If payment for a Sale later results in a refund or chargeback of the Transaction and a Commission was paid to You for that Sale Transaction the Commission will be deducted from Your future Commissions.

If the Company determines in its sole and exclusive discretion that any Sale that meets the definition of Unauthorized Sale, no Commission will be earned by You or paid by the Company for such Sale or Transaction. Any Commission paid for a Sale Transaction that is later determined to be an Unauthorized Sale shall become immediately due and owing by the Affiliate to the Company and shall be deducted from Your future Commissions payable for authorized Sales.

 

SECTION 5 - TERM AND TERMINATION:

The term of this Agreement following You clicking the “I Agree” button at the bottom of this form will begin upon the Company issuing written confirmation accepting Your request. The Parties at their sole discretion may terminate this Agreement at any time by providing Notice to the other Party. In the event this Agreement is terminated the Company shall, in accordance with Section 4 of this Agreement, pay the Affiliate all Commissions earned prior to the date of termination.

If this Agreement is terminated then all provisions that by their nature should survive, will survive, including but not necessarily limited to all limitations of liability, disclaimers of warranties, indemnity obligations, mandatory arbitration and class action waiver provisions, and exceptions to arbitration. All representations and warranties undertaken by You shall also survive termination or cancellation of this Agreement and/or Affiliate Account.

 

SECTION 6 – GENERAL COMPLIANCE:

Affiliate shall publish or otherwise distribute promotional material in strict compliance with all applicable laws and regulations governing Your jurisdiction including without limitation laws prohibiting deceptive and misleading Advertising and promotion, email marketing laws including the federal CAN-SPAM Act (15 U.S.C. § 7701), privacy and data protection laws including but not limited to the Canadian Personal Information Protection and Electronic Documents Acts, European Union General Data Protection Regulation, U.K. Data Protection Act, California Consumer Privacy Act, California Privacy Rights Act, and Brazilian General Data Protection Regulation, laws governing testimonials including the Federal Trade Commission’s (FTC) Revised Endorsements and Testimonials Guides (16 CFR Part 255 of the Code of Federal Regulations), and all guidelines issued by the FTC. Affiliate is solely responsible for ensuring Affiliate’s compliance with all laws. Affiliates are strictly prohibited from making exaggerated or unsupported claims concerning the Services offered by the Company that are inconsistent with or beyond the scope of marketing materials produced and made available by the Company on the Company’s website. Affiliate is prohibited from publishing or otherwise distributing promotional material or Advertisements by telemarketing, fax, or text messaging in any form to any device. Affiliate shall not offer monetary incentives such as reward points, cash, or prizes to Prospects in return for their response to a promotion or Advertisement. The Company retains the sole and exclusive discretion to determine whether Affiliate’s promotion, Advertising, and conduct are in compliance with all laws. The Company makes no affirmation expressed or implied that the Affiliate is in compliance with all laws and the Company shall not be required to advise Affiliates on such laws.

 

SECTION 7 - ADDITIONAL REPRESENTATIONS AND WARRANTIES:

In addition to Your other representations and warranties herein, You further represent and warrant that there

are no prior or pending government investigations or inquiries of, or prosecutions against You by any Governing Body of Your or any other jurisdiction, any other federal, state, or provincial government agency or any other regulatory authority anywhere in the world, nor any prior or pending private lawsuits against You which relate to alleged intentional torts or alleged violation of any consumer protection, trade, or Advertising laws. If You become the subject of such an investigation, inquiry, prosecution, or lawsuit any time after this Agreement is executed You are required to notify the Company of the same within 24 hours of You first becoming aware of such matter. The Company, in its sole and exclusive discretion may immediately terminate Your participation in the Company’s Affiliate program as well as immediately terminate this Agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph.

 

SECTION 8 – DISCLOSURE:
On any internet-based promotion or Advertisement the Affiliate must plainly display disclosure informing any viewer that the Affiliate is an independent Bob Proctor Legacy Affiliate and may receive referral payments from Bob Proctor Legacy and that the opinions expressed are that of the Affiliates and are not official statements of Bob Proctor Legacy.

 

SECTION 9 – NON-DISPARAGEMENT:
Affiliate is not permitted to comment negatively about or disparage the Company, its Services, Affiliates, principals, agents, contractors or representatives of the Company or any other person or entity including without limitation the products or services of a Company competitor. Affiliate is not permitted to engage in any unlawful or deceptive actions with respect to search engine optimization including but not limited to using any technique that generates paid search results based on any trademarks of the Company any brand name of the Company or based on the trademarks or brand name of any competitor of the Company or any other third party.

 

SECTION 10 – SOCIAL MEDIA ADVERTISING:
If Affiliate Advertises on social media each Advertised post must comply with all of the following:

• Each post must contain @BobProctorLegacy and/or #BobProctorLegacy.
• Negative advertising is prohibited.
• Each Facebook or Instagram post must use the platform’s “Paid Partnership” tool.
• Each YouTube post must contain the word “Ad,” “Advertisement,” “Promotion,” or “Paid Partnership” within the video itself in a font size that is clearly recognizable to the viewer, and which appears persistently throughout the length of the video in the top right-hand portion of the video.
• The Affiliate must comply with the rules and policies of each social media platform that the Affiliate uses

 

SECTION 11 – INCOME AND BUSINESS OPPORTUNITY CLAIMS:

Affiliates are expressly prohibited from making any claims that use of Company Services will guarantee that the individual will make money. If Affiliate’s marketing efforts include claims related to income Affiliate has made from using Services, the following guidelines must be adhered to:

a) Affiliate’s statements must be completely true and accurate and supported by evidence of Affiliate’s experience; and

b) Affiliate’s statements must be accompanied by the following disclaimer in clear and conspicuous font and placement: “These were my results. Your results will vary based on a variety of factors including your education, effort, and market factors. There is no guarantee you will make any money.”

Affiliate is also expressly prohibited from making any express or implied claims that the Company is or provides a business opportunity, franchise opportunity, a “business-in-a-box,” or an assisted marketing plan.

 

SECTION 12 – BOB PROCTOR LEGACY TRADEMARKS & INTELLECTUAL PROPERTY:

No logo, tagline, trademark, trade name, or trade dress (collectively, the “Bob Proctor Legacy Trademarks”) owned by the Company may be used, copied, or reproduced by any Affiliate except as set forth in the Company’s Branding Guidelines found in the Affiliate Portal. No trademark or intellectual property or any mark confusingly similar to any Company trademark or intellectual property is to be registered as a trademark in any country or registered as a domain name by Affiliate in any way in any country.

Subject to the restrictions below, Affiliates are granted a limited, revocable, non-transferrable, and non-assignable license to use the “Bob Proctor Legacy” trademark to promote and Advertise Services online. Affiliate may not use “Bob Proctor Legacy” or other Company trademarks as part of any URL, domain or website name except for the sole purpose of creating a simplified but unique link that is used only as a redirect to Your Affiliate Share Link.

The Company retains exclusive ownership of all Company Trademarks, data, Prospect contact data, Services content in any medium (collectively, the Company Intellectual Property) and all of its rights therein. Affiliate shall not copy or reproduce any Company Intellectual Property without express written consent of the Company. Affiliate shall not promote or provide Services to any person or entity that infringes on any of the Company’s Intellectual Property.

 

SECTION 13 – COMPLAINT NOTIFICATION:

Affiliate must notify Company of any complaint received by Affiliate regarding any promotion or Advertisement within twenty-four (24) hours of receiving such complaint.

 

SECTION 14 – INDEPENDENT CONTRACTOR:

Affiliates are independent contractors of the Company. It is the express understanding and intention of the Parties that no relationship of master and servant nor principal and agent shall exist between the Parties by virtue of this Agreement. You have no right to act on behalf of or bind the Company in any way, nor share in the profits or losses of the Company. The only compensation available to You is set forth in this Agreement. You are solely and exclusively responsible and liable for all Your acts or omissions.

 

SECTION 15 - NO WARRANTY; NO LEADS:
The Company does not promise, guarantee or warrant Your business success, income, or Sales. You understand and acknowledge that the Company will not at any time provide Sales leads or referrals to You. You understand and agree further that this is not a business opportunity, a franchise opportunity, a “business-in-a-box,” or an assisted marketing plan. You are responsible for procuring and paying for any and all materials and resources necessary to operate as an Affiliate as You determine in Your sole discretion.

 

SECTION 16 - DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION, CLASS ACTION WAIVER, & GOVERNING LAW:
Any dispute controversy or claim arising out of or related to this Agreement or Your relationship with the Company that cannot be resolved through negotiation within 120 days shall be resolved by binding confidential arbitration administered by the Canadian Arbitration Association and judgment on the award rendered may be entered in any court having jurisdiction thereof. The Affiliate waives any and all rights to initiate, file, or claim Class Action. This Agreement shall be governed by the laws of the Province of Ontario.

 

SECTION 17 – LIMITATION OF LIABILITY:

Except where otherwise inapplicable or prohibited by law, in no event shall the Company or any of its officers, directors, members, employees, independent contractors, representatives, or agents be liable for any direct or indirect, special, incidental, exemplary, consequential, punitive, or any other damages, fees, costs or claims arising from or related to this Agreement, the Privacy Policy, the Services or products, Your or a third party’s use or attempted use of the website or any software, service, or product regardless of whether the Company has had notice of the possibility of such damages, fees, costs, or claims. This includes without limitation any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services or products, or any other direct or indirect damages. This applies regardless of the manner in which damages are allegedly caused and on any theory of liability whether for breach of contract, tort, warranty or otherwise.

 

SECTION 18 – INDEMNITY AND HOLDHARMLESS:
You agree to protect, defend, indemnify and hold harmless the Company, its officers, directors, agents, employees,

owner(s), and representatives and assigns from and against all claims, demands, and causes of action of every kind and character without limitation arising out of Your conduct acts or omissions related to Your application and/or performance of this Agreement including but not limited to any breach of this Agreement. Your indemnity obligation includes but is not limited to any third-party claim against the Company for liability or payments for damages caused by or other liability relating to You. This provision expressly survives the termination of this Agreement. In the event Your Affiliate activities lead to or contributes to any governmental investigation into the Company, and/or its owners, Affiliates, representatives, and employees, You shall bear full responsibility of any such costs, fees, or award that are imposed or incurred by the Company, its Affiliates, representatives, or employees as a result of such activities.

 

SECTION 19 – NOTICE:
All notices referred to in this Agreement must be delivered in writing to:

The Company:

Bob Proctor Legacy Inc.
PMB #125 3-1136
Centre Street
Thornhill, ON Canada
L4J3M8

or to [email protected]

The Affiliate:

The most recent recorded email and mailing address identified within Your Affiliate Account at the time of notice.

All notices are not considered received until one business day after electronic delivery or 7 business days after mail delivery except if confirmed through registered mail or signature required courier.

SECTION 20 – SEVERABILITY:
In the event any provision of this Agreement is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and the Terms and Conditions, as so modified, shall continue in full force and effect. If any provision of this Agreement cannot be modified to comply with any applicable law, rule, or regulation that provision shall be deemed to not form part of this Agreement and all remaining provisions shall remain in full force of the Agreement and its Terms and Conditions.

SECTION 21 – MODIFICATION/AMENDMENT:
This Agreement and other policies of the Company may be modified by the Company at any time, with or without prior notice to You. Amendments or modifications to this Agreement and other policies or Terms and Conditions will be binding on You when they are sent to You via the email address specified in Section 19 NOTICE of this Agreement or are posted in the Affiliate Portal. No amendment to this Agreement or the Terms and Conditions shall be valid unless prepared or signed by the Company. Your continued acceptance of Commission payments and/or promotion of the Company and or its Services constitutes Your acceptance to any modifications or amendments to this Agreement and the Terms and Conditions herein.

SECTION 22 - ENTIRE AGREEMENT:
This Agreement represents the entire Agreement between the Parties and supersedes any other written or oral agreement between the Parties as pertaining to Your Affiliate application and if approved Your rights and responsibilities as an Affiliate. In the event of a direct conflict between any other policies, Terms and Conditions, and this Agreement, this Agreement shall govern.

 

ACCEPTANCE

By clicking the “I Agree” button below You hereby confirm that You have read and understood this Agreement and agree to be bound by its Terms and Conditions.  You further acknowledge that his Agreement shall not be considered bound by both Parties until You have entered all required fields of Your profile in the Affiliate Portal and Your submission has been accepted by the Company.