Greetings,
The following Affiliate Agreement provides you with full information about the terms and conditions, legal rights, and obligations for entering our Affiliate Program. Please read this entire document and save a copy for your records.
For questions, contact Rob Story, Affiliate Manager at
Best wishes,
Sonia Story and the team at Move Play Thrive
Affiliate Agreement
This is a legal agreement between you and Brain and Sensory Support CO., /dba Move Play Thrive.
By submitting the online Move Play Thrive Affiliate Program application you are agreeing that you have read and understand the terms and conditions of this agreement and that you agree to be legally responsible for every term and condition written herein.
1. Overview
This Agreement describes the complete terms and conditions that apply to all affiliates in the Move Play Thrive Affiliate Program. This Agreement pertains to your use of graphics and affiliate links to the moveplaythrive.com website regardless of the platform that you use for sharing. Throughout this Agreement, "we," "us," and "our" refer to Move Play Thrive, and the moveplaythrive.com website, and "you," "your," and "yours" refer to the Affiliate.
2. Affiliate Obligations
2.1. To begin the Move Play Thrive affiliate enrollment process, click on the affiliate application link on our website at moveplaythrive.com. You agree that all information you provide on the application is truthful, complete, and accurate.
2.2. You may not design your website or create any other website that you operate, explicitly or implied, in a manner which resembles our website, nor design your website in a manner which could lead customers to believe you are acting as Move Play Thrive or any other affiliated business.
2.3. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. If you use another individual’s copyrighted material or other intellectual property in violation of the law or any third-party rights, Move Play Thrive is not liable in any way.
3. Move Play Thrive Rights and Obligations
3.1. At Move Play Thrive, affiliate applications are reviewed individually and manually. We reserve the right to reject your application at our sole discretion. We will reject your application or cancel your application if we determine that your website or social media posts or any other form of public communication, including but not limited to video content, is unsuitable for our program for any reason. We will reject your application or cancel this Affiliate Agreement if there is ever any sexually explicit, illegal, discriminatory, or otherwise objectionable content on your website or social media posts or any other form of public communication including but not limited to videos.
3.2. At any time, we reserve the right to monitor your website, social media accounts, and public communications for appropriate use of any Move Play Thrive resources including but not limited to affiliate links, graphics, logos, insignia, or any type of content and to determine if you are following the terms and conditions of this Affiliate Agreement.
3.3. We reserve the right to require that you change the placement or use of the Move Play Thrive materials to comply with the guidelines provided and with this Affiliate Agreement. If the requested changes are not implemented we reserve the right to terminate your participation in the Move Play Thrive Affiliate Program.
3.4. In cases of fraud, we reserve the right to terminate this Affiliate Agreement and your participation in the Move Play Thrive Affiliate Program immediately and without notice and we shall not be liable to you for any commissions from fraudulent sales.
3.5. This Affiliate Agreement begins when we accept your affiliate application and continues unless terminated by either party.
4. Termination
Each party has the option to terminate this Affiliate Agreement at any time, for any reason, with or without cause, by giving the other party written notice in the form of mail or email. In addition, this Affiliate Agreement will terminate immediately upon any breach of this agreement by you. Affiliates in good standing who terminate this Affiliate Agreement will receive their due compensation according to the payout schedule.
5. Modification
At our sole discretion, we may modify any or all of the terms and conditions in this Affiliate Agreement at any time. In such event you will be notified by email. Modifications may include but are not limited to, any of the Move Play Thrive Affiliate Program rules or changes in the payment procedures. Should any modification be unacceptable to you, you reserve the right to end your participation in our Affiliate Program. Continued participation in our Affiliate Program following the notification or posting will indicate your agreement to all changes.
6. Payment
As a Move Play Thrive Affiliate, you earn a percentage of the course tuition fee for each individual you refer who enrolls in the Brain and Sensory Foundations, First Level course through your affiliate referral link. We use ThriveCart.com as our secure third-party platform to track our Affiliate referrals. You may log in to your Affiliate account at any time to see your affiliate activity: https://thrivecart.com/signin/
6.2. For USA-based Affiliates, payments are made via check after the 30-day guarantee period is reached. As a USA-based Affiliate you may opt for payments via PayPal and you agree that any transaction fees incurred for this service will be deducted from your commission amount. Affiliates outside of the USA are paid via PayPal and you agree that any transaction fees incurred for this service will be deducted from your commission amount.
6.3. You agree that you will not receive a commission payment in cases when a referral from your affiliate link makes a purchase and then later asks for and receives a refund for the purchase.
6.3. You agree to provide us with a valid, current, and accurate W9 form for USA residents or a W8-BEN form for non-USA residents.
6.4 Should any contact information on your W9 form or W8-BEN form change, you agree to notify us and provide us with an updated appropriate W9 form or W8-BEN form.
7. Access to the Move Play Thrive Affiliate Account Platform
7.1. As a member of the Move Play Thrive Affiliate Program, you will have access to your affiliate account at ThriveCart.com. In your account you can download your affiliate links, graphics, and text copy. You are also able to track the number of clicks and sales you have generated, and see commissions earned.
8. Promotion Restrictions
8.1. Any promotion or outreach that mentions Move Play Thrive or moveplaythrive.com can be seen as a joint effort and we require that you clearly represent yourself and your website(s), or communications as independent from Move Play Thrive and moveplaythrive.com. Certain forms of advertising are prohibited by us including:
8.1.1 Spamming
8.1.2 Unsolicited Commercial Email (UCE)
8.1.3 Cross-posting to multiple newsgroups at once
8.1.4 Postings to non-commercial newsgroups
8.2. Affiliate agrees to adhere to right conduct, transparency, and ethical handling of all information and promotional actions and communications related to Move Play Thrive. You may not advertise in any way that conceals or misrepresents your identity, your domain name, or your return email address. You may not advertise in any way that appropriates, conceals, or misrepresents the identity of Move Play Thrive and its constituents, our domain name, or our email address. You may not transmit any non-affiliate, deceptive, or parasitic pop-ups, cookies, or other web elements to consumers, or inhibit the visibility or functionality of affiliate graphics, links, or other affiliate materials in any way. Breaching any of these restrictions can be cause for immediate termination of this Affiliate Agreement, your participation as a Move Play Thrive Affiliate, and voids any pending balances owed to you.
9. Grant of Licenses
9.1. In accordance with the terms of this Agreement, Move Play Thrive confers on you the revocable, non-exclusive, and non-transferable right to: (i) access Move Play Thrive affiliate links; (ii) use our logos, graphics, trade names, trademarks, and other proprietary materials that we provide to you for specific purposes. Your entitlement to the use of Move Play Thrive materials is predicated on your good standing as a member of the Move Play Thrive Affiliate Program. You agree that all uses of the Move Play Thrive materials will be on behalf of Move Play Thrive and the goodwill associated therewith will be for the sole benefit of Move Play Thrive.
9.2. Move Play Thrive and Affiliate each agree not to use the other party's proprietary materials in a way that is unauthorized, or in any manner that is disparaging, misleading, or otherwise portrays or could potentially portray the other party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Affiliate Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
10. Disclaimer
Move Play Thrive makes no express or implied representations or warranties regarding Move Play Thrive products or services or the products or services provided via the moveplaythrive.com website. Any implied warranties or Move Play Thrive ability, fitness for a particular purpose, or 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 are not liable for the consequences of any interruptions or errors.
11. Representations and Warranties
You represent and warrant that:
11.1. This Affiliate Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
11.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Affiliate Agreement and to perform your obligations under this Affiliate Agreement, without the approval or consent of any other party.
12. Limitations of Liability
We will not be liable to you with respect to any subject matter of this Affiliate Agreement 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 we have been advised of the possibility of such damages. Further, notwithstanding anything to the contrary contained in this Affiliate Agreement, in no event shall our cumulative liability to you arising out of or related to this Affiliate Agreement, whether based in contract, negligence, strict liability, tort, or other legal or equitable theory, exceed the total commissions fees paid to you under this agreement.
13. Indemnification
You hereby agree to indemnify and hold harmless Move Play Thrive, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, losses, actions, demands, liabilities, damages, judgments, settlements, costs, and expenses, including attorneys' fees, arising out of your participation in this Affiliate Program.
14. Confidentiality
All confidential information, including but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Affiliate Agreement will remain the sole property of the disclosing party, and each party agrees to keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
15. Miscellaneous
15.1. You certify that you are an independent contractor, and agree that nothing in this Affiliate Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Move Play Thrive. You will have no authority to represent Move Play Thrive in any way, including the making or accepting of offers on behalf of Move Play Thrive. You will not, at any time, make any statement on your website or otherwise, that reasonably would contradict anything in this Affiliate Agreement.
15.2. Neither party may assign its rights or obligations under this Affiliate Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
15.3. This Affiliate Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington without regard to the conflicts of laws and principles thereof.
15.4. You may not amend or waive any provision of this Affiliate Agreement unless in writing and signed by both parties.
15.5. This Affiliate Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
15.6. The headings and titles contained in this Affiliate Agreement are included for convenience only, and shall not limit or otherwise affect the terms written here.
15.7. If any provision of this Affiliate Agreement 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 parties is effectuated, and the remainder of this agreement shall have full force and effect.