AFFILIATE T&Cs

These terms and conditions explain how our affiliate program works and the rules that apply. If you have any questions about anything in these terms, then please do not hesitate to get in touch with us.

In these Terms, the following words have the meanings attributed to them:

• Naturally Better with Jeremy Ayres and/or NBWJA  and/or Jeremy Ayres is a subsidiary of The Human Unleashed LLC.
• We and us and our may also be used and refer to Naturally Better with Jeremy Ayres and/or NBWJA  and/or Jeremy Ayres. 
• Affiliate and you and your mean the Naturally Better with Jeremy Ayres affiliate. 
• Affiliate Account means the account you set up when you register as an Affiliate. 
• Affiliate Program means our program for promotion of our brand by individuals who register with us as Affiliates. 
• Confidential Information means all documents, information and materials and any other proprietary information which we provide to you and which ought reasonably to be considered as confidential information. 
• Intellectual Property Rights means all intellectual property rights (including without limitation patents, utility models, trade and service marks, trade names, domain names, right in designs, copyrights, moral rights, topography rights, rights in databases, trade secrets and know-how) whether or not registered or registrable. This also includes applications for registration of any of these rights and all rights and forms of protection of a similar nature or having equivalent or similar effect anywhere in the world. 
• Terms means these Affiliate Terms and Conditions. 
• Website means our website found at www.jeremyayres.com

To set up an Affiliate Account, you completed the online sign-up form on our Website. We will provide you with a unique link you can use on your website or on social media.

Each click on this link will be registered on your Affiliate Account using a cookie which is set on the users computer. For each sale made through that link you will earn a commission at the rate set out on our Website.

We pay commission on the sale price of our digital products.

Payments

• We pay Affiliate commissions in the 3rd week of each month provided an amount of $100 commission is reached.The minimum commission amount is currently in force due to the banking fees. 
• Commissions are calculated to the 15th of each month.
• Commission is payable in the month following the qualifying sale. This is because we give a 30 day No Quibble Money Back Guarantee on all sales, meaning we may have to refund a sale made through your unique link.

Example

• 1 x Average Sale of 90-day Challenge with Club trial:
  $77 – 25% admin & tax fees = $57.75 x 20% commission = $11.55 commission. 
• You need to make 9 sales for commission to become payable: 
  9 x $11.55 = $103.95
• The date of the last qualifying sale dictates when commission is payable:
  Last sale on 15 Jan 2023 = All qualifying commission due 15 Feb 2023.

All Affiliate payments are paid gross. It is your responsibility to declare and pay any tax or insurance due on these payments. You indemnify NBWJA  against any claims losses damages or any other liabilities which arise as a result of you not declaring and paying those sums.

Neither you nor we are the agent or partner of the other. You agree that you will not at any time promote yourself as an agent or employee of NBWJA. You also agree that you have no authority to enter into any contract on behalf of NBWJA  or to bind NBWJA  in any way. You will not make any representation or indication that you are acting on behalf of, or are in any way capable of binding, NBWJA.

Your Obligations as a Naturally Better with Jeremy Ayres Affiliate

You agree that you will

• follow our reasonable instructions and requests regarding your relationship with us as an Affiliate;
• always promote NBWJA  and its products in the best light and as we would choose to do ourselves, and not make or publish any statement which is disparaging or negative;
• notify us of all enquiries about NBWJA  or its products promptly;
• familiarise yourself with the philosophy, price and performance;
• bear all costs and expenses incurred in connection with your activities as a NBWJA  Affiliate.

You also agree that you will not

• make any statement, representation or warranty whether verbally or in writing about NBWJA  or its products other than those statements and representations contained in materials provided by us or set out on our Website.
• register any domain name email address or company name that is identical or similar to NBWJA  or Naturally Better with Jeremy Ayres or Jeremy Ayres or a translation of these into any other language.
• create or direct or permit anyone else to create a website for the sole purpose of advertising or promoting NBWJA  or Naturally Better with Jeremy Ayres or Jeremy Ayres.
• create or maintain or direct or permit anyone else to create or maintain any website or social media account or page using NBWJA  or Naturally Better with Jeremy Ayres or Jeremy Ayres or any translation of these.
• promote your Affiliate link using SPAM/unsolicited emails.
• promote your Affiliate link in a way that may cause offence to others, including competitors.
• make statements about NBWJA  or Naturally Better with Jeremy Ayres or Jeremy Ayres and its products that are not true. Up-to-date information about all products can be found at JeremyAyres.com.

Confidentiality
You agree not to disclose any Confidential Information directly or indirectly to any third party without our written authorisation to do so, and you will exercise a reasonable level of care in protecting our Confidential Information from unauthorised use and disclosure.

You agree that you will keep your account login details confidential and will not share them with any other person. You will also keep all marketing and other materials in relation to NBWJA  or Naturally Better with Jeremy Ayres or Jeremy Ayres confidential and will not use them for any purpose other than for the promotion of NBWJA  or Naturally Better with Jeremy Ayres or Jeremy Ayres.

These confidentiality provisions do not apply to information

• that is publicly available
• obtained by you from third parties without restrictions on how you use that information
• independently developed by you without using our Confidential Information
• required to be disclosed by order of a court or other governmental or regulatory body.

Disclosure of our Confidential Information can damage our business beyond anything that is financially quantifiable. You therefore agree that we will be entitled to injunctive relief and any other remedies available to us in order to enforce these confidentiality provisions.

Intellectual Property Rights
All rights including Intellectual Property Rights in and to NBWJA or Naturally Better with Jeremy Ayres or Jeremy Ayres the products and services sold on our Website, the content in our Website and all other information and materials which relate to NBWJA or Naturally Better with Jeremy Ayres or Jeremy Ayres and its products are owned by The Human Unleashed LLC and Jeremy Ayres.

As our Affiliate, The Human Unleashed LLC and Jeremy Ayres grant you a non-exclusive, non-transferable, non-assignable, worldwide licence for the duration of your membership of our Affiliate Programme to use our Intellectual Property Rights for the purposes of promoting products in accordance with these Terms. Your participation in our Affiliate Programme does not transfer to you any rights in respect of our brand or our trade names or trademarks or of the goodwill associated with them.

You agree that you will not use any trademarks or trade names which resemble our own marks or names (or both) and which would cause or be likely to cause any confusion or deception to third parties. You also agree that you will not do anything or authorise anyone else to do anything which would or might invalidate or be inconsistent with our Intellectual Property Rights.

If any infringement of any of our Intellectual Property Rights comes to your attention whether actual or threatened you agree to let us know as soon as you are reasonably able to. You also agree to notify us of any claim by anyone that NBWJA products infringe the rights of any other person. You will at our request and expense do anything which may be reasonably required to assist us with any such claim or generally assist us in maintaining the validity and enforceability of our Intellectual Property Rights.

You indemnify, defend and hold harmless NBWJA or Naturally Better with Jeremy Ayres or Jeremy Ayres and its directors officers employees distributors and agents from and against any and all claims expenses wages lawsuits or other liabilities including without limitation, reasonable legal fees and court costs for injury to any person or for loss or damage to personal property, which arises out of any misrepresentation by you regarding NBWJA or Naturally Better with Jeremy Ayres or Jeremy Ayres or its products, or any other of your activities as a NBWJA Affiliate.

We make no warranties or representations whether express or implied with respect to the Affiliate Programme or your potential to earn income as an Affiliate or that our Website will be available or error-free at any time.

We will not be liable for any special indirect incidental or consequential damages including loss of profits arising from or relating to your membership of our Affiliate Programme including without limitation damages claimed as a result of our Website or its products being unavailable or not performing for any period of time.

NBWJA or Naturally Better with Jeremy Ayres or Jeremy Ayres liability for all claims of any kind arising out of or related to these Terms including for negligence whether based on contract tort or on other legal or equitable grounds is limited to money damages not exceeding the amount of commission due to you and unpaid at such time and which relates directly to the particular claim.

Nothing in these Terms excludes or limits our liability for death or personal injury resulting from our negligence, for fraud or fraudulent misrepresentation or for anything else it would be unlawful to exclude or limit.

If you wish to give us notice in accordance with any of these Terms, please do so by email to admin@jeremyayres.com. Notices from us to you will be sent to the contact email address you have provided in your Affiliate Account details. Notices will be considered to have been given one (1) business day after transmission by email.

We may make changes to any of these Terms at any time by posting new or updated Terms on JeremyAyres.com. We will also email any new or updated Terms to you using the contact email address you have provided in your Affiliate Account details.

We may change the way we award commission fee schedules and payment procedures and Affiliate Program rules without limitation. If any changes we make are unacceptable to you, you will need to terminate your membership of our Affiliate Program. If you continue to use your unique Affiliate link after we have notified you of new or updated Terms then you will be deemed to have accepted those Terms.

These Terms constitute the entire agreement between you and us with respect to the NBWJA Affiliate Programme and supersede all other communications between us in relation to your involvement in our Affiliate Programme.

Neither you or we will incur any liability to the other for any loss or damage resulting from a delay or failure to perform any of these Terms or any part of them if the delay or failure is caused whether in whole or in part by events occurrences or causes beyond the control of that party including without limitation acts of God or strikes or lockouts or riots or acts of war or earthquakes or fire and explosions.

These Terms are personal to you as our Affiliate and you may not assign or otherwise transfer any of your rights or obligations to anyone else. These Terms do not create and shall not be construed as creating any rights under the Contracts (Rights of Third Parties) Act 1999 enforceable by any third party.

If we agree to waive any of or any part of these Terms then that waiver must be in writing to be effective. Any waiver by us of any of or any part of these Terms will not be considered a waiver of any subsequent breach of the same or any other provision of these Terms and failure neglect or delay by you or us to enforce these Terms or any of them or any rights or remedies at any time will not be deemed to be a waiver of the rights under these Terms.

These Terms are governed by and shall be construed in accordance with the laws of Tennessee USA whose courts shall have exclusive jurisdiction.