Affiliate Agreement


This agreement describes the entire terms and conditions for participation in the Bagnall & Associates, LLC Affiliate Program.

In this agreement, the term “Affiliate” refers to you (the applicant). Wherever the agreement refers to “you” or “your”, it means “the Affiliate”; “we” or “our” refers to Bagnall & Associates, LLC.

Affiliate Site

We will create a unique URL for you when you submit a complete Affiliate Enrollment Form.


You will receive up to 50% (determined by product) of the revenue as a commission from orders placed through your Affiliate Site. For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product ordered. You will not receive any 2nd tier affiliate commission. Commissions will only be paid on sales which are made through qualified Affiliate Sites.

Due to an increasing amount of International fraud – this program is now ONLY open to those persons living in the US, Canada, UK, Australia, Sweden and New Zealand. If you do not live in one of these countries, and you still want to participate AND receive commissions, please contact (affiliates at brian-bagnall dot com) with your web site information, URL and details about your visitors and/or your opt-in list, etc. If you are not granted an exception no commissions will be paid.


We will send payment (either electronic or via check) for the applicable commissions on or about the 15th of the month for the previous month’s commissions. If any order that generated a referral fee is returned by the customer, or if there are any returned checks or chargebacks, the amount will be deducted from the next monthly payment. If there is no subsequent payment, the Affiliate will be invoiced.

Order Fulfillment

We will be solely responsible for processing every order placed by a customer on the Affiliate Site.


Customers who purchase products and services through the Affiliate Program will be deemed to be customers of ours. Accordingly, all of our rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. Our policies will always determine the price paid by the customer.

Qualifying Sites

We reserve the right not to accept any site into the Affiliate Program based on site content. Sites that Do Not Qualify for the Affiliate Program include sites which:

  • promote sexually explicit materials
  • promote violence
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
  • promote illegal activities
  • violate intellectual property rights

Unsolicited Commercial Email or SPAM

We in no way participate in mass unsolicited emailing (i.e. spamming), and all Affiliates are expected to adhere to this policy as well. Violation of this policy will result in the termination of this contract and immediate dismissal from the Affiliate Program, with no refund. Bottom line: If you spam you’re out!

Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. 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 otherwise, that reasonably would contradict this statement.

Limitation of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to you under to this Agreement.


We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Any disputes between the parties to this agreement which involves interpretations of the terms of this agreement shall be submitted to arbitration under the rules of the American Arbitration Association, and the finding of the Arbitrator shall be binding on all parties. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

By submitting the Affiliate Order form, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.


Just a reminder, when you promote for us, you will abide by the following:

  • Under no circumstances use SPAM techniques to promote our products or services.
  • Absolutely NO EMAIL SPAM – email lists MUST be opt-in – no exceptions.
  • Absolutely NO Twitter Spam – use BEST PRACTICES when using Twitter to promote.
  • Absolutely NO Facebook Spam – same goes here.  In fact, NO SPAM AT ALL in any Social Media, Social Networking or Social Bookmarking Sites.
  • You will include Affiliate Disclaimers, as per the FTC Advertising Guidelines.
  • Do not send JUNK or UNQUALIFIED TRAFFIC to our offers (i.e., if they can’t afford the offer, don’t shove it down their throats).
  • Be transparent and authentic – We will treat your visitors with massive respect and give them value during this campaign.
  • Keep ALL internal promotional information confidential – if you leak info, you’re OUT.