Our Programs, Resources, Products, and Services are owned and provided by bloomfounder.com, a service of EARonDemand Inc., (hereinafter referred to as “bloomfounder.com” and “EARonDemand”), a Canadian company with registered address at Broadridge Bay, Winnipeg, MB and its registered Nigerian associate company, EARonDemand Limited (“Company”, “we”, or “us”). The term “you” refers to any purchaser and/or user of any of our Programs, Products and/or Services.
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
Our Limited License to You. Our Programs, Products, and Services and all the Program Materials are our property and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.
If you purchase or access any of our Program Materials through our Programs, Products or Services, you will be considered our User/Student/Customer, together known as our “Client”. For the avoidance of doubt, all content obtained through us is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means that you may not use our Programs, Products or Services or the Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.
You are permitted to use our Programs, Products, Services and Program Materials as follows:
You may read and/or print Program Materials for your own personal use in your business.
However, you are not permitted to share, sell, reprint, or republish any other of our Program Materials, including online courses, templated books for resale or mass reproduction purposes for your own business use.
Any trademarks, taglines, and logos displayed on Program Materials are trademarks belonging to us. All trademarks reproduced in this Website, which are not the property of, or licensed to us, are acknowledged on the Website. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.
For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Program, Product or Service titles or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason without our express written permission.
All rights not expressly granted in these terms or any express written license, are reserved by us.
Information You Are Prohibited from Sharing with Others. As a Client, you understand and acknowledge that our Programs, Products and Services and the Program Materials have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and/or unauthorized use.
When you enroll in or purchase our Programs, Products or Services, you agree that you are clearly and expressly prohibited from doing the following:
You agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and/or be a criminal offense.
Limitations on Linking and Framing. You may establish a hypertext link to our Website or Content so long as the link does not state or imply any sponsorship, endorsement by, or ownership by in our Website or Content and does not state or imply that we are have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link our Content without our written permission.
Your License to Us. By posting or submitting any material on or through our Programs, Products, Services or Program Materials, such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.
When you submit to us or post any comment, photo, image, video or any other submission for use on or through our Website, you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Programs, Products, Services and/or Program Materials. This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. This does not include any of your own ideas, programs or offerings. We will not take, borrow or steal any of your ideas, programs or offerings for use in our own business.
You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind and that we may elect to cease the use and display of any such contributions on our Programs, Products, Services and/or Program Materials at any time for any reason whatsoever.
Media Release. By participating in our Programs, Products and Services, and using our Program Materials, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in our Program, Product or Services in our current or future Programs, Products or Services, and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.
Any request for written permission to use our Programs, Products, Services or Program Materials, in whole or in part, or any other intellectual property or property belonging to us (“Content”), should be made BEFORE you wish to use it by completing the “Contact Us” form on this Website, or by sending an e-mail to email@example.com.
If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission.
If you choose to use the content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our Programs, Products, Services or Program Materials.
When you apply for, enroll in, purchase or use our Programs, Products or Services, or Program Materials we may seek and collect personal data and information including but not limited to your name, e-mail address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally-identifying information (“Confidential Information”).
By providing such Confidential Information to us, you grant us permission to use and store such Confidential Information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential. We take precautions to protect such Confidential Information. When you submit Confidential Information via our Program, Product, Service or Program Materials, we take measures to protect the security of your Confidential Information both online and offline.
However, due to the nature of the Internet, we cannot completely ensure or warrant the security of your Confidential Information or of any other data or information transmitted to us or through our services; therefore submitting Confidential Information, data or other information is done at your own risk.
We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
As a Client, you agree that you are using your own judgment in using our Programs, Products, Services and Program Materials and you agree that you are doing so at your own risk. Our Programs, Products, Services and Program Materials are for informational and educational purposes only. You agree and understand that you assume all risks and no results are guaranteed in any way related to our Programs, Products, Services and Program Materials. Our Programs, Products, Services and Program Materials are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Programs, Products, Services and Program Materials.
We take every precaution to protect our Programs, Products, Services and Program Materials. However, due to the nature of the Internet, we cannot completely ensure or warrant the security of the Programs, Products, Services and Program Materials or the contributions or information transmitted to us on or through our Website or our Programs, Products, Services and Program Materials. Submitting contributions or information through our Programs, Products, Services and Program Materials is done entirely at your own risk. We make no assurances about our ability to prevent any such loss or damage to you or to any other person, company or entity arising out of use of our Programs, Products, Services and Program Materials and you agree that you are assuming such risks.
Our Programs, Products, Services, and Program Materials are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Programs, Products, Services, and Program Materials, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Program, Product, Service or Program Materials participant or user, including you.
Legal and Financial Disclaimer. Our Programs, Products, Services, and Program Materials are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through our Programs, Products, Services, and Program Materials is not intended to be a substitute for professional advice that can be provided by your own accountant or lawyer. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant or lawyer for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Programs, Products, Services, and Program Materials. You are solely responsible for your results.
Earnings Disclaimer. You acknowledge that we have not and do not make any representations as to the health physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in this Program, Product, Services or Program Materials. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Programs, Products, Services and Program Materials and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through any of our Programs, Products, Services or Program Materials. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.
Warranties Disclaimer. WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT OR SERVICES MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
Technology Disclaimer. We try to ensure that the availability and delivery of our Programs, Products, Services and Program Materials is uninterrupted and error-free, including our content and communications through methods like our Website, member forum, private Facebook groups, e-mail communications, videos, audio recordings, webinars, recorded webinars, teleseminars, online courses, emails, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, downloadable templates and digital products, handouts, e-books, or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Programs, Products, Services or Program Materials become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Programs, Products, Services or Program Materials inaccessible to you.
Errors and Omissions. We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Programs, Products, Services, and Program Materials. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
Links to Other Websites. We may provide links and pointers to other websites maintained by third parties that may take you outside of our Programs, Products, Services or Program Materials. These links are provided for your convenience and the inclusion of any link in our Programs, Products, Services or Program Materials to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in our Website or its Content, or their accuracy or reliability. We assume no responsibility for errors or omissions caused by other websites that may be included our Programs, Products, Services or Program Materials. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other website or their content. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.
By purchasing and/or using our Programs, Products, Services or Program Materials in any way or for any reason, you also implicitly agree to our full disclaimers.
Indemnification. You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Programs, Products, Services or Program Materials, or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions or in any other agreement with us.
Limitation of Liability. We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Programs, Products, Services or Program Materials. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Programs, Products, Services or Program Materials, or in any way or in any location. In the event that you use our Programs, Products, Services or Program Materials or any other information provided by us or affiliated with us, we assume no responsibility.
Release of Claims. In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Programs, Products, Services or Program Materials, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
You are agreeing that you will not use our Programs, Products, Services or Program Materials in any way that causes or is likely to cause the Programs, Products, Services or Program Materials, or access to them either to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and its Content and to us.
You must use the Programs, Products, Services or Program Materials for lawful purposes only. You agree that you will not use our Programs, Products, Services or Program Materials in any of the following ways:
If you have a question or concern about your Programs, Products, Services, or Program Materials, you may send an e-mail to firstname.lastname@example.org and we will do our best to reply to your question or concern promptly.
If paying by debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for your Program, Product or Service without any additional authorization, for which you will receive an electronic receipt.
All information obtained during your purchase or transaction for our Programs, Products and Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company.
You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Programs, Products, Services, and Program Materials for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
If you make a purchase from one of our affiliates, or any other individual or company through a link provided on or through our Programs, Products or Services (“Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant and their payment processing company as well. Your participation, correspondence or business dealings with any affiliate, individual or company on or through our Programs, Products or Services, and all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant.
Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Programs, Products or Services, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.
You have the right to terminate your use of or participation in our Programs, Products or Services at any time by sending an e-mail to email@example.com.
We reserve the right in our sole discretion to refuse or terminate your access to our Programs, Products, Services or Program Materials, in full or in part, at any time, without notice, by sending you an e-mail to the e-mail address you provided upon purchase of the Program, Product or Service.
In the event of cancellation or termination by either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed to us.
Upon termination by either of us, we reserve the right to immediately refuse or terminate your access to any aspect of our Programs, Products, Services and/or our Program Materials, including but not limited to our Website, private forum, e-mail communications, Facebook groups, live webinars or conference calls, or any other method of communications related to our Programs, Products, Services or Program Materials at any time without notice and in our sole discretion.
It is hoped that should we ever have any differences, we could be able to work them out amicably through e-mail correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator.
The Arbitration shall take place in Lagos, Nigeria and shall be conducted in English Language. The arbitrator shall have a maximum period of Fifteen (15) working days to resolve the dispute after the exchange of pleadings by the parties. The decision of the arbitrator shall be final and binding on all parties. There shall be no recourse to litigation.”
Prior to seeking arbitration, you must send an e-mail to us at firstname.lastname@example.org and include all of your reasons for dissatisfaction with your Program. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction.
By purchasing our Programs, Products or Services you are agreeing to a modification of the statute of limitations such that any arbitration must begin within one (1) year of the date of your e-mail to me referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action.
You also agree that should arbitration take place, it will be held in Nigeria and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Company, or any of our Programs, Products or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
What We Do With Confidential Information. We request and require various personal data and/or Confidential Information to understand your needs and provide you with better services. In addition, we may use such data and Confidential Information for the following reasons: (1) for internal record keeping, (2) to improve our Programs, Products, Services or Program Materials, (3) to periodically send promotions about new Programs, Products or Services or other special offers from which you may unsubscribe at any time, (4) for aggregate, non-identifiable data for research purposes, (5) to customize the respective Programs, Products or Services you purchase or use according to your interests and/or (6) for support or communication related to your Program, Product, Service or Program Materials.
Storage. All data and Confidential Information is stored through a data management system. This data and Confidential Information can only be accessed by those who help manage that information in order to deliver e-mail or otherwise contact those who would like to receive our correspondence. You agree and acknowledge that we, including but not limited to our team, staff and affiliates, and those who manage the data management system may have access to your Confidential Information.
Viewing by Others. Note that whenever you make your Confidential Information or Other Information available for viewing by others such as through our Programs, Products, Services, or Program Materials, our Website or social media, the Confidential Information or Other Information that you share also can be seen, collected and used others, and therefore, we cannot be responsible for any unauthorized use by others of such Confidential Information or Other Information that you voluntarily share online or in any other manner.
Passwords. To use certain features of our Programs, Products, Services, or Program Materials, you may be issued a group username and password or a unique individual username and password, which you will receive through your registration and/or purchase process. You may be able to change to username and/or password of your choosing. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You are not permitted to share your username and/or password with anyone. If we learn you have shared your username and/or password with another person, we reserve the right to immediately terminate your access to the Program, Product, Service, Program Materials, Website, private forum, Facebook group or any other related communication. It is your responsibility to protect your own password from disclosure to others. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You are responsible for activities that take place using your password(s) and within your account. If you share your password(s) with anyone, they may be able to obtain access to your personal information at your own risk. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. By using our Programs, Products and Services, you agree to enter true and accurate information as part of the registration, purchase process and otherwise. If you enter a false email address, we have the right to immediately inactivate your account. We will use our best efforts to keep your password(s) private and will not otherwise share your password (s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.
The services are provided by bloomfounder.com, a service of EARonDemand Inc., (hereinafter referred to as “bloomfounder.com” and “EARonDemand”), a Canadian company with registered address at Broadridge Bay, Winnipeg, MB and its registered Nigerian associate company, EARonDemand Limited.
bloomfounder.com may update these Affiliate Program Terms at any time, without notification to you, and you should review these Affiliate Program Terms from time to time by accessing the bloomfounder.com Site and Web App. Your continued use of the Site, Web App and Affiliate Program shall be deemed irrevocable acceptance of any such revisions.
Each participant in the affiliate program (“Affiliate,” “you,” or similar terms) offered by EARonDemand Inc., the company providing the bloomfounder.com Service (the “Program Operator,” “bloomfounder.com,” “we,” or “us”) at www.bloomfounder.com (the “website”) expressly agrees to this affiliate agreement (this “agreement” or this “contract”).
Notice: Please read this agreement carefully. Unless you expressly agree and consent to this agreement, you may NOT participate in the affiliate program. By participating in the affiliate program, you are agreeing to comply with and be legally bound by the terms and conditions of this contract. If you do not agree to all of the terms of this agreement, please do not register for the affiliate program.
This agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
This agreement expressly incorporates the Program Operator’s Terms of Service, located at https://bloomfounder.com/terms-of-services/. Throughout this agreement, “affiliate program” refers to the affiliate program operated by the Program Operator in part for the website.
Once you submit your application you are bound by the terms of this agreement. When filling out the application you must provide accurate, current and complete information, and you shall keep such information up to date. Participation in the bloomfounder.com Affiliate Program is to legally advertise our website to receive commission on referral customers. The Program Operator reserves the right to reject any affiliate application for any reason, including, without limitation, if, in the Program Operator’s opinion, that person or entity violates established laws or commonly held standards of decency. For example, we will reject applications from any person or company that promotes any form of violence, illegal activities, or from applicants who the Program Operator prefers not to be associated with.
2.1. Once you’ve been admitted to the affiliate program, we may re-evaluate your application at any time. The terms and conditions of this agreement will begin when your application has been submitted and will end when your Affiliate account has been terminated; provided that all terms which by their nature at intended to survive termination shall survive as provided in Section 14 of this agreement. The Program Operator and their associated companies believe in operating with the strictest codes of professional conduct. Any Affiliate who brings the Program Operator or their employees, partners, or associates into disrepute, or who promotes any form of slander, violence, racism, or unfair business practices, can have their affiliate status canceled and any outstanding commissions will be forfeited. Affiliation can be immediately revoked if we deem your site to be unsuitable for any of the following reasons; including but not limited to:
2.1.1. False advertisements concerning bloomfounder.com
2.1.2. Spamming using your affiliate link
2.1.3. Usage of materials that infringe on any copyright, trademark or other intellectual property rights or to violate the law
2.1.4. Harassment or intimidation of others on your website
2.1.5. Content deemed to be graphic or explicit by bloomfounder.com
2.1.6. Promotion of illegal activities
2.1.7. Usage of technology to potentially divert commission from other affiliates in our program.
2.2. bloomfounder.com reserves the right to review your placement and approve the usage of your affiliate links and you agree to comply with all bloomfounder.com instructions regarding such placement and usage. You may use graphics and texts provided to you by us as marketing assets or create your own as long as it is appropriate and in conformity with our brand identity. You may not use your own link to make purchases.
2.3. Affiliate may not use their own promotional referral links to purchase a discounted bloomfounder.com account for them or the companies where they are an employee or contractor. Affiliate discounts and referral commissions will not be honored for accounts that use the program for themselves (self-referral prohibition clause).
2.4. Affiliate is solely responsible for the development, operation, and maintenance of Affiliate’s site and for all of Affiliate’s content, information, advertisements, promotions and other items, whether appearing on Affiliate’s site, a third party’s site, in social media sites or other communications (hereinafter, Affiliate’s “Materials”). We may monitor your site as necessary to ensure your content is up to date and notify you of any changes that should be made to help your affiliate performance. Your affiliation can be terminated if we find your site has not been updated in over one (1) year. A written notice will be given via email should we find your site outdated. You will have forty-eight (48) hours to respond with an updated site before your affiliation is terminated. For example, you will be solely responsible for:
We disclaim all liability for the above matters, including all liability related to your site and your Materials. Further, Affiliate will defend, indemnify and hold Program Operator (including all our directors, officers, employees, affiliates, and related entities) harmless from all claims, damages, and expenses (including, without limitation, attorneys’ fees) arising from or related to the development, operation, maintenance, and contents of your site, your Materials, your negligent or willful acts, or your breach of this agreement.
2.5. You agree that you are an independent contractor, and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and bloomfounder.com. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or any other of your site or otherwise, that reasonably would contradict anything in this section.
2.6. The Program Operator requires your primary email address be listed in your Affiliate Profile. Those who use an email address that generates an error response consistently (e.g., “User is over quota” or “Mailbox full”) will forfeit any commissions due and this contract will be terminated immediately. You may not use an email address with an auto responder as your Program Operator email address. When you visit the Program Operator’s websites or send emails to the Program Operator, you are communicating electronically. You consent to receive communications from the Program Operator electronically. The Program Operator will communicate with you by email or by posting notices in the affiliate portal. You agree that all agreements, notices, disclosures and other communications that the Program Operator provides to you electronically satisfy any legal requirement that such communications be in writing. If you are an Affiliate, you understand that you may NOT opt out of any emails that you receive from the Program Operator. As an Affiliate, you must continually have a valid email account on file with the Program Operator or we reserve the right to terminate your participation immediately, without any refund of any license fees paid or payment of any commission due.
2.7. Affiliate Sales & Tracking: After signing up for the affiliate program, you will create a unique affiliate URL which you will use to advertise the products on our website. When someone clicks through this URL, a cookie (or similar tracking technology) will be set in their browser with your Affiliate ID and their IP address may also be logged with your Affiliate ID. During that visit to the website or any later visit, when a purchase is made or refunded, the commission will be given based on the existence of the cookie. We may collect, use and share any information or data generated through the system for our business purposes. In order to receive proper credit for sales, a person or entity must purchase through your unique affiliate URL. Masking or cloaking of the links (whether done by software or by a script and sometimes referred to as “affiliate link cloaking”) may or may not work with parts of the website. The Program Operator allows masking or cloaking but you must provide a repeatable process for our verification of the cloaked link, otherwise the use of the masked or cloaked link is disallowed. We may also withhold payment if, in our reasonable discretion, we have reason to believe that acts or omissions by you related to our Affiliate Program are fraudulent, illegal, or otherwise improper or in violation of this agreement.
2.8. Affiliate Account Interface
You will create a login and password on https://shop.bloomfounder.com/affiliate-registration/ and agree to any applicable terms and conditions provided by EARonDemand inc. in order to enter the bloomfounder.com secure affiliate account interface. From the site, you will be able to view and receive your reports regarding your commissions due to you.
Subject to the terms and conditions of this agreement, you will receive a commission for sending authorized sales via your affiliate links. Payout rates may be changed at anytime and can be viewed via your affiliate account on the affiliate platform. It is your responsibility to determine if the payout for a link you have placed has been changed or discontinued. All disputes regarding whether a commission is due shall be resolved by Program Operator’s reasonable discretion.
Commissions on products and services are paid at the most-current rates as indicated on the website, as updated from time to time.
ATTENTION: If the account referred has not been created through your custom affiliate link we cannot attribute the commission to you and cannot issue any payouts for that account. Please make sure all accounts you refer to are created through your custom affiliate link.
3.1 Commission Schedule
Commissions are paid out no later than the 5th day of the following month the sale was made, but only if the Affiliate’s account has a minimum balance of $15 at that point. Subsequent commission payments will continue to be paid out within the same subsequent schedule model. To issue a payout, Affiliate must send an invoice to the Project Operator with the specific amount.
Commissions are not paid for any sales for which payment has not been received, or for any transaction that has been rejected for any reason. We are not responsible for paying interest to Affiliates for accrued but not yet delivered commission payments.
If a transaction incurs a charge-back or refund, or if an online transaction is not completed in every way, or if we have reason to believe a transaction is fraudulent or violates any of the terms of this Agreement in our reasonable discretion, no commission shall be paid to the Affiliate for such transaction. If a commission has already been paid, then it will be deducted from an active Affiliate’s future commissions or Affiliate will be required to pay bloomfounder.com within sixty (60) days of receiving an invoice from bloomfounder.com.
All commissions are paid based on the customer’s payment currency at checkout which could be in Canadian Dollars paid out to affiliates via PayPal or in Naira paid via direct bank transfer (for Nigerian Affiliates ONLY), on a case by case basis. Each Affiliate is responsible for always maintaining a PayPal and/or bank account account through which they receive their commissions/referral fees. The Program Operator assumes no responsibility for an Affiliate not maintaining their PayPal account.
3.2. Payment Processor Fees
All commissions are calculated based on the gross transaction, including all sales, refunds and charge- backs. “Gross transaction” means that processor fees are not deducted from the base amount when calculating commissions. However, any payment processing fee charged by Paypal or Bank during the affiliate’s payout will be taken out of the affiliate’s commission.
3.3. Unauthorized Charging or Receipt of Payments Through the Website
No Affiliate, or other person or entity may use the Program Operator’s website, or the Program Operator payment processing system, for private transactions. Any revenue collected through the Program Operator’s website or through the Program Operator payment processing system may become the sole property of the Program Operator.
Specifically, Affiliates may not link to the Program Operator’s website for processing of products or services that are not wholly sponsored by the Program Operator and authorized by the Program Operator and further, may not link to the Program Operator’s website for processing of any products beyond what the Program Operator has identified as salable products for the website and specific Affiliate sales.
Should any Affiliate of the Program Operator or other person or entity construct links that process orders through the Program Operator’s payment processing system, the act will be considered an attack of computing resources with intent to damage the website and therefore treated as a serious computer crime. Violators will be prosecuted to the fullest extent of the law.
Each Affiliate acts as an independent contractor and as such is responsible for any or all national, state, or foreign income taxes, fees, and any other tax liabilities that affect or concern the sales of the products or services, in your state or location. It is the Affiliate’s sole responsibility, and not the responsibility of the Program Operator, to take any steps necessary to recover these sums under any applicable tax code and other applicable laws.
While you are free to market bloomfounder.com on your own website, the promotion of the bloomfounder.com brand could be perceived to the public as a joint effort. Please be aware that certain forms of advertising are prohibited by bloomfounder.com. Affiliates are prohibited from taking any action that could be considered impersonating the Program Operator or violating the Program Operator’s intellectual property rights in order to earn commissions or referral fees. This explicitly includes, but in no way is limited to, purchasing keyword advertisements and impersonating the Program Operator in such advertisements.
Affiliates agree to abide by the following guidelines when planning your marketing efforts:
5.1. Links, Trademarks and Logos
Program Operator grants you a revocable, limited, non-exclusive, non-sublicensable, non-transferable, royalty-free license for the duration of this agreement, solely for purposes of facilitating referrals to Program Operator’s website, products and services, to post certain trademarks, logos, URLs, and other materials or intellectual property that Program Operator may provide to you from time to time (“Program Operator IP”). You agree that all uses of the Program Operator IP will be on behalf of bloomfounder.com and the goodwill associated therewith will insure to the sole benefit of bloomfounder.com.
Except for the limited foregoing license, nothing herein shall be construed to grant you any right, title or interest in or to the Program Operator IP and Program Operator reserves all rights, title and interest in or to the Program Operator IP. You acknowledge that the Program Operator IP, as well as all contents of the website, are the sole property of Program Operator or its third party licensors. You agree that you will not, and will not permit others to, take any action inconsistent with such rights in the Program Operator IP. Without limiting the foregoing, the Program Operator trademarks and service marks may not be used to register internet domain names for any purpose. Affiliates may in no way use or display a Program Operator logo, image, or trademark which may be distasteful, defamatory, misleading or misrepresentative.
5.2. Using “bloomfounder.com”
“ejemnroluga.com” cannot be used as a part of an Affiliate’s website domain name, blog, Facebook account, YouTube channel, Twitter username or any URL associated with the affiliate account.
5.3. Spam and Unsolicited Commercial Mailings
bloomfounder.com does not tolerate the sending of unsolicited email (“UCE or SPAM”), including any unsolicited emails which promote, or make reference to bloomfounder.com, or any of their associated companies or websites, vendors, or employees, the websites, products or services. Affiliate expressly agrees to comply with all laws, rules and regulations pertaining to the sending of UCE or SPAM and any Affiliate who, in the opinion of bloomfounder.com, breaches the foregoing will have their Affiliate status canceled and any outstanding commissions will be forfeited, in addition to any other remedies to bloomfounder.com may be entitled hereunder or in law or equity. Each Affiliate agrees to indemnify, defend and hold bloomfounder.com and parent company, its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from Affiliate’s breach of this Section 5.3.
5.4. Paid Search Policies
Bidding at larger pay per click search engines (PPCSE), such as Google, Yahoo, and Bing!, is a great way to drive traffic to your website and send your commission checks even higher. However, Affiliates engaging in paid search marketing campaigns agree to adhere to the following terms and requirements:
5.4.1. bloomfounder.com protects its trademark and does not allow any trademark bidding on any search engine or Paid Placement service or site. This includes, but is not limited to Google, Yahoo, Bing!, Ask and other similar services. Affiliates may not bid on trademarked or registered terms of bloomfounder.com (e.g., bloomfounder.com, bloomfounder.co) or any phrase type, misspelling, variation or combination thereof, including, without limitation, those words listed in the restricted keyword list below. Any Affiliates found to be in violation of the foregoing may be banned from the bloomfounder.com Affiliate Program without prior notice, and on the first occurrence of behavior violating this Section 5.4.
5.4.2. Affiliates may not use their affiliate link or any of the bloomfounder.com domains and/or URLs (including, but not limited to www.bloomfounder.com) as the display domain or URL in the advertisement. When engaging in paid search engine campaigns, Affiliates must use their own domain and/or URL in their ads.
Forbidden Display URL Examples: www.bloomfounder.com
Approved Display URL Examples: http://www.yourdomain.com/bloomfounder.com
5.4.3. You may not make any misleading or false statements in your campaigns. To avoid conflicts and to protect the integrity of the bloomfounder.com brand, bloomfounder.com reserves the right to suspend your participation in the affiliate program and thus your commissions for phrases that bloomfounder.com determines to be untrue or inflammatory claims of our products, services or websites. To avoid such measures, please forward all ad text and proposed keywords/phrases you wish to bid on to the Affiliate Manager for approval or editing, PRIOR to your submitting it to Paid Search Network providers or Paid Inclusion Search Engines.
5.5. “Cookie-Stuffing” Policy
“Cookie-Stuffing”, forced clicks, or similar activity is not permitted. “Cookie stuffing” is an unlawful strategy of generating affiliate sales. (e.g., Use of cookie stuffing to cause tracking systems to conclude that a user has clicked through a qualifying affiliate link – and to pay commissions accordingly- even if the user has not actually clicked through any such link). Affiliates found using, employing or receiving this strategy will be immediately revoked and all commissions will be forfeited, in addition to any other remedies Program Operator may have hereunder or at law or equity.
5.6. Adware & Toolbars
Affiliates are prohibited from transmitting any “interstitials,” “ParasitewareTM,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-Ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to customers from the time the customer clicks on a qualifying link to the bloomfounder.com website until the time the customer has exited the bloomfounder.com site (ie. no page from the bloomfounder.com site or any bloomfounder.com content or branding is visible on the end-user’s screen). The terms a. “ParasitewareTM” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non-affiliate tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo and similar search or directory engines); (c) set commission tracking cookies through loading of bloomfounder.com site in IFrames, hidden links and automatic pop ups that open the bloomfounder.com site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
5.7. No Predatory Advertising
All Affiliates in the affiliate program agree to refrain from any type of predatory advertising practices, infringement of Program Operator’s or a third party’s intellectual property rights, or other practices which violate any applicable law including advertising and consumer protection law, and shall include, but not be limited to, dynamically replacing the affiliate ID of one affiliate with that of another with the effect of “stealing” the commission away from the Affiliate that earned it, whether this be intentional or not and misuse as described in Section 7 below. Affiliates may not adjust any of the supplied affiliate links to reset cookies or bypass other safeguards in the system. Affiliates understand that engaging in such practices is grounds for immediate termination and forfeiture of any earned commissions.
5.8. Prohibited Incentives
As stated at the beginning of this Agreement, Affiliates can offer an exclusive 15% discount on the first purchase (monthly AND yearly) through the unique affiliate link provided. Affiliates may not offer (i) any additional incentives in the form of, described as, or resulting in, discounting of any products or services of Program Operator; or (ii) any other incentives in the form of rebates, deposits, cash-back or other types of monetary incentives relating to the products or services of Program Operator. Such incentives are strictly prohibited and are grounds for immediate termination and forfeiture of any earned commissions. Notwithstanding the foregoing, Affiliates may offer bonuses, “bundles” or discounts on products or services ordinarily offered by Affiliates as incentives to purchasers of Program Operator’s products and services. For example, an Affiliate may offer discounts on Affiliate’s training programs in connection with the promotion of Program Operator’s products and services.
5.9. Mixing of Products
As an Affiliate of the Program Operator, your website on which you advertise any products or services of the Program Operator may only include products that do not target persons 13 years of age or younger. Your website may NOT contain any content or images that are NOT suitable for being viewed by persons 13 years of age or younger if you include any reference whatsoever to the Program Operator, the website, or your affiliate link. On any website or communication in which you include any reference whatsoever to the Program Operator, its website, products, or services, you may NOT include any reference whatsoever to any form of “Adult” content. Any violation of these requirements will result in immediate termination of your affiliate status and you shall forfeit any unpaid commissions/referral fees. In the event that any violation of these requirements results in the suspension or termination of any payment processor for or by the Program Operator, you shall be liable for liquidated damages in the amount of $10,000 as well as any consequential or actual damages that the Program Operator may incur.
6.1. Subject to the terms and conditions of this agreement, and only during the term of this agreement, we grant to you a non-exclusive, non-transferable, non-sublicensable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material that we provide to you or authorize for such purpose (collectively, the “Licensed Materials”). You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of the bloomfounder.com Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of bloomfounder.com and the goodwill associated therewith will inure to the sole benefit of bloomfounder.com.
6.2. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light.
It is understood that any individual that uses the Program Operator system (including in all cases related technology, emails, and other communications) shall not use it in connection with obscene, defamatory, slanderous, hateful, illegal, misleading or politically disruptive material, the definition of which shall be at the sole discretion of the Program Operator. It is also understood that Affiliates shall not try to cheat the system in an effort to increase their payments due. If such misuse is detected, the Affiliate will be immediately terminated as an affiliate and any sums paid and any sums payable as and for commissions will be withheld or recouped, in addition to any other remedies to which Program Operator may be entitled. All Affiliates further agree to refrain from engaging in any hostile activity toward the system. Any individual that engages in such hostile activity, such as hacking, shall be held liable for any loss sustained by the Program Operator, or its associates due to such action.
You represent and warrant that:
8.1. This 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;
8.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this agreement and to perform your obligations under this agreement, without the approval or consent of any other party;
8.3. You have sufficient right, title, and interest in and to the rights granted to us in this agreement.
The Program Operator will not be liable for indirect or accidental damages (including but not limited to loss of revenue, commissions) due to affiliate system sale tracking failures, commission processing system failures, losses of database files or backups thereof, attacks on computing resources, computer viruses, the continued viability of their products, any results of “intents of harm” to the program, or acts of God or Nature. The Program Operator makes no claim that the operation of the websites or Program Operator’s system will be error-free nor will the Program Operator be held liable for any interruptions or errors.
In addition, in no event shall Program Operator be liable for any special, indirect, incidental or consequential damages (including, without limitation, for breach of contract, warranty, negligence or strict liability), or for interrupted communications, loss of use, lost business, lost data or lost profits (even if Program Operator was advised of the possibility of any of the foregoing), arising out of or in connection with this agreement. Under no circumstances shall Program Operator be liable to the lead provider for an amount of damages greater than the sum of all fees properly owing but unpaid.
In no event will Program Operator’s or its Affiliates’, contractors’, employees’, agents’, or third-party partners’, licensor’s, or suppliers’ total liability to you for all damages, losses, and causes of action arising out of or relating to this agreement and your participation in our affiliate program (whether in contract, tort including negligence, warranty, or otherwise) exceed the amount paid by Program Operator to your hereunder during the twelve (12) months immediately preceding the day the act or omission occurred that gave rise to such claim.
You hereby agree to indemnify and hold harmless bloomfounder.com, and its subsidiaries and affiliates, and their directors, officers, employees, agents, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the Affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant, obligation or agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
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 agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
The Program Operator, and its associated companies may modify any of this agreement (including the Affiliate Commission Schedule), at any time and at its sole discretion, by posting a change notice or a new agreement in the affiliate portal. These changes will come into force immediately upon posting. The Affiliate’s continued participation in the affiliate program following the said posting of a change notice or new agreement shall constitute binding acceptance by the Affiliate of the change. If any modification to this agreement is not acceptable to the Affiliate, the Affiliate’s only recourse is to terminate this agreement as provided below.
This agreement will begin upon your sign-up with the affiliate program and will end when either you or the Program Operator terminates your affiliate status, or if your account is inactive in any continuous twelve (12) month period. An Affiliate may terminate this agreement at any time, and for any reason, by writing to – or emailing – the Program Operator at the email address listed on the website.
The Program Operator may also terminate this agreement at any time, and for any reason, by writing to the Affiliate at the email address listed in the Affiliate’s Profile, with thirty (30) days’ notice. However, if this agreement should terminate for cause due to violation of this agreement or our Terms of Service, Affiliate shall forfeit all right to any commissions earned but not yet paid. All terms which by their nature intended to survive termination shall survive. Upon termination of this agreement, the former Affiliate must remove all affiliate links and graphics from its Materials, and refrain from publishing the same in any manner whatsoever.
You may contact bloomfounder.com by email at email@example.com
Any rights not expressly granted herein are reserved.
Copyright © 2022
This Affiliate Agreement was last updated September 1, 2022.