AFFILIATE PROGRAM AGREEMENT

This Affiliate Program Agreement (“Agreement”) governs participation in the AMA Publishing Affiliate Program (“Affiliate Program”).

The Affiliate Program is operated by Pinnacle Agency for the Arts LLC, doing business as AMA Publishing (“AMA Publishing,” “AMA,” “Company,” “we,” “us,” or “our”).

By applying for, enrolling in, accepting Affiliate links for, or participating in the Affiliate Program, you (“Affiliate,” “you,” or “your”) agree to comply with this Agreement.

1. PURPOSE OF THE AFFILIATE PROGRAM

The AMA Publishing Affiliate Program allows approved individuals and businesses to promote eligible AMA Publishing books, author opportunities, multi-author projects, publishing programs, courses, trainings, events, digital products, services, and other approved offers using authorized Affiliate links and promotional materials.

Affiliates may earn commissions on Qualifying Sales attributed to them in accordance with this Agreement.

Participation in the Affiliate Program does not create an employment, partnership, joint venture, franchise, agency, publishing partnership, ownership interest, or similar relationship between Affiliate and Company.

Participation as an Affiliate does not make Affiliate a publisher, literary agent, employee, legal representative, or authorized spokesperson of AMA Publishing.

2. ELIGIBILITY AND ACCEPTANCE

Participation in the Affiliate Program is subject to approval by Company.

Affiliate must:

  • be at least eighteen (18) years old and legally capable of entering into this Agreement;

  • provide accurate and current contact and payment information;

  • maintain any payment account or payment information required by Company to receive Affiliate payments;

  • comply with this Agreement and applicable law;

  • complete any tax or compliance documentation reasonably requested by Company; and

  • maintain Affiliate's account in Good Standing.

Company may approve or reject an Affiliate application in its discretion.

Company reserves the right to suspend or terminate participation as provided in this Agreement.

3. ELECTRONIC ACCEPTANCE AND CLICKWRAP

Affiliate must affirmatively accept this Agreement before participating in the Affiliate Program.

Company may use a checkbox or similar electronic clickwrap mechanism stating:

“I have read and agree to the AMA Publishing Affiliate Program Agreement and acknowledge the AMA Publishing Privacy Policy.”

The acceptance checkbox may:

  • be unchecked by default;

  • require affirmative action by Affiliate;

  • appear adjacent to or prominently reference a readily accessible copy of this Agreement; and

  • prevent completion of enrollment unless Affiliate affirmatively accepts.

Company may electronically retain evidence of Affiliate's acceptance, including:

  • Affiliate identity or account information;

  • date and time of acceptance;

  • Agreement version;

  • applicable IP or technical acceptance records where lawfully collected; and

  • other electronic records reasonably necessary to demonstrate assent.

Affiliate should retain a copy of this Agreement for Affiliate's records.

4. AFFILIATE LINKS AND 90-DAY REFERRAL CONVERSION WINDOW

Approved Affiliates will receive unique Affiliate links or other tracking mechanisms for eligible AMA Publishing offers.

The Affiliate Program generally uses a 90-day referral conversion window unless different written terms apply to a particular offer or campaign.

When a prospective customer clicks an Affiliate's properly functioning Affiliate link, the referral may remain attributable to that Affiliate for up to ninety (90) days, subject to the attribution rules contained in this Agreement.

Affiliate is responsible for using the correct Affiliate link when promoting an offer.

5. LAST-CLICK ATTRIBUTION AND CASE-BY-CASE REVIEW

AMA Publishing generally uses a last-click attribution model.

If a prospective customer clicks Affiliate links belonging to more than one Affiliate, commission will ordinarily be assigned to the Affiliate whose eligible Affiliate link was most recently clicked before the Qualifying Sale, as recorded by Company's Affiliate tracking system.

Company's Affiliate tracking system serves as the default method for determining attribution.

However, Company reserves the right to review attribution disputes, unusual circumstances, tracking discrepancies, competing referral claims, manually enrolled authors, book-project enrollments, or other transactions on a case-by-case basis.

Following such review, Company may determine whether an adjustment or reassignment is appropriate based upon available records and circumstances.

Nothing in this provision guarantees Company will override the Affiliate platform's attribution in any particular case.

Company's determination following a good-faith case-by-case review will be final, absent manifest error or as otherwise required by applicable law.

6. TRACKING LIMITATIONS AND MANUAL CORRECTIONS

Company uses commercially reasonable efforts to accurately track Affiliate referrals but does not guarantee uninterrupted, complete, or error-free tracking.

Affiliate acknowledges that attribution may be affected by circumstances including:

  • deletion or blocking of cookies;

  • privacy settings or tracking-prevention technology;

  • use of different browsers or devices;

  • use of a different email address when purchasing or registering;

  • expiration of the applicable referral window;

  • customer actions that replace an earlier Affiliate attribution;

  • technical failures outside Company's reasonable control;

  • manual author or customer enrollment;

  • transactions completed through internal sales processes;

  • payment-plan changes;

  • upgrades or downgrades processed outside the original checkout; or

  • other circumstances preventing Company's Affiliate platform from connecting the transaction to Affiliate.

Company may, but is not obligated to, manually investigate or correct tracking discrepancies.

Company is not obligated to reconstruct, manually attribute, or retroactively credit transactions to an Affiliate who is no longer active or in Good Standing, except as required by applicable law or expressly provided in writing.

7. COMMISSION RATES

Unless Company expressly provides different written terms for a particular offer, project, or campaign, the standard Affiliate commission is:

Eligible AMA Publishing Offers

20% commission

Eligible offers may include approved:

  • author positions in multi-author books;

  • publishing programs or packages;

  • digital courses;

  • training programs;

  • events;

  • digital products;

  • author-development programs; and

  • other offers designated by Company as Affiliate-eligible.

Not every AMA Publishing product, service, book, author opportunity, upgrade, add-on, or transaction is necessarily commissionable.

Company may designate particular products, services, promotions, upgrades, book projects, or offers as commissionable or non-commissionable.

Company may offer increased commissions, performance bonuses, tiered commissions, Book Partner commissions, launch incentives, or other compensation arrangements for particular campaigns.

Campaign-specific commission rates communicated in writing by Company will govern that campaign or offer.

8. BOOK PARTNERS AND SPECIAL CAMPAIGNS

Certain individuals may be invited to participate as an AMA Publishing Book Partner, Project Partner, Launch Partner, Lead Partner, or in another special promotional role.

Such arrangements may include additional responsibilities or benefits, including:

  • increased commission rates;

  • tiered or performance-based commission rates;

  • project-specific enrollment goals;

  • training or sales support;

  • partner fees or deposits;

  • bonuses or credits;

  • additional promotional assets;

  • project deadlines;

  • minimum participation requirements; or

  • other project-specific terms.

Any such arrangement must be confirmed in writing by Company.

Where Book Partner or campaign-specific written terms conflict with this general Agreement regarding the applicable project, the more specific written terms will control for that project.

Affiliate status alone does not entitle Affiliate to Book Partner commission rates or benefits.

9. NET REVENUE AND COMMISSION CALCULATION

Affiliate commissions are calculated on Net Revenue actually received and retained by Company from a Qualifying Sale unless Company expressly states another calculation method in writing.

“Net Revenue” means amounts actually collected and retained by Company after excluding, as applicable:

  • refunds;

  • partial refunds;

  • chargebacks;

  • payment reversals;

  • failed payments;

  • fraudulent transactions;

  • uncollectible or bad debt;

  • taxes collected from customers;

  • credits;

  • discounts not funded by Company as commissionable revenue;

  • payment-processing fees where Company elects to exclude such fees from commissionable revenue;

  • shipping, printing, fulfillment, postage, customs, or similar pass-through charges where excluded by Company;

  • amounts paid directly to third parties and not retained by Company; and

  • other amounts Company does not ultimately retain from the transaction.

Affiliate commissions do not accrue on amounts Company does not actually receive and retain.

10. PAYMENT PLANS

When an Affiliate refers a customer or author who purchases an eligible offer through an installment payment plan, commissions ordinarily accrue as Company actually receives eligible installment payments.

Affiliate is not ordinarily entitled to commission on the entire contractual purchase price before Company receives payment from the customer.

If a payment-plan installment fails, is canceled, refunded, disputed, reversed, charged back, or otherwise remains uncollected, no commission is payable on that installment.

Company may establish different written payment-plan commission terms for a specific campaign.

11. RECURRING SUBSCRIPTION COMMISSIONS

When Affiliate refers a customer who purchases an eligible recurring subscription, course membership, resource library, community, or other recurring offer, Affiliate may receive the applicable commission on subsequent recurring payments if Company designates that offer as eligible for recurring commissions.

Recurring commissions continue for as long as:

  • the customer's eligible subscription remains active and paid;

  • the applicable product remains eligible for recurring Affiliate commissions;

  • Affiliate remains eligible to receive commissions under this Agreement;

  • Affiliate maintains any account or payment information reasonably required to process commissions; and

  • the applicable transaction otherwise constitutes a Qualifying Sale.

Cancellation, failed payment, chargeback, refund, termination of the subscription, or other cessation of customer payments ends commissions associated with those payments.

Recurring commissions do not create any ownership interest in the customer, customer account, subscription, or Company.

12. QUALIFYING SALES

A “Qualifying Sale” is a completed transaction that:

  1. is properly attributed to Affiliate through Company's tracking system or subsequently attributed by Company following a case-by-case review;

  2. involves an Affiliate-eligible AMA Publishing offer;

  3. results in actual payment to Company;

  4. is not Affiliate's own purchase through Affiliate's own link;

  5. is not fraudulent, manipulated, or otherwise invalid;

  6. is not refunded, canceled, disputed, reversed, or charged back to the extent commission is claimed; and

  7. otherwise complies with this Agreement and applicable campaign terms.

Only Qualifying Sales generate commissions.

13. SELF-REFERRALS ARE PROHIBITED

Affiliate may not earn commissions on Affiliate's own purchases.

Affiliate may not purchase an AMA Publishing author position, course, product, program, publishing service, or other offer through Affiliate's own Affiliate link for the purpose of receiving a commission, rebate, discount, or other financial benefit.

Any self-referral commission generated by the system may be canceled.

Affiliate may not circumvent this policy by using another account, email address, business entity, household member, payment method, or other arrangement primarily designed to obtain a commission on Affiliate's own purchase.

14. COMMISSION ELIGIBILITY AND 30-DAY HOLD

Affiliate commissions become eligible for payment thirty (30) days after the underlying transaction or eligible installment payment.

This period allows Company time to identify payment failures, disputes, chargebacks, fraud, refunds, administrative errors, or other circumstances affecting commission eligibility.

A commission appearing in Affiliate's dashboard before expiration of the 30-day period is pending and not yet payable.

A commission does not become earned and payable until all requirements of this Agreement have been satisfied.

15. MONTHLY AFFILIATE PAYOUTS

AMA Publishing generally processes Affiliate payouts once per month, on or around the 15th of each month.

Only commissions that have completed the required eligibility period before the applicable payout processing date will ordinarily be included in that payout cycle.

Commissions that have not yet completed the eligibility period will roll forward to the next applicable payout cycle.

Company may reasonably adjust a payout processing date because of weekends, holidays, payment-provider interruptions, technical problems, administrative needs, or similar circumstances.

16. PAYMENT METHOD

Company may pay Affiliate commissions through PayPal or another payment method or platform designated by Company.

Affiliate must maintain a valid account with the applicable payment provider and provide Company with accurate payment information.

Company is not responsible for delayed, rejected, misdirected, or inaccessible payments caused by inaccurate Affiliate information, restrictions on Affiliate's payment account, currency limitations, compliance holds, or circumstances outside Company's reasonable control.

Affiliate is responsible for keeping payment information current.

17. TAXES AND TAX REPORTING

Affiliate is an independent contractor and is solely responsible for determining, reporting, and paying all taxes applicable to Affiliate's commissions.

Affiliate agrees to provide Company or its payment processor with any tax documentation reasonably required to process payments or comply with applicable law.

Company and/or its payment processor will provide applicable tax-reporting documents when required by law.

18. COMMISSION OFFSET, RECOVERY, AND CLAWBACKS

(a) Right to Offset and Recover

Company reserves the right to recover, claw back, or offset previously paid or credited Affiliate commissions resulting from refunds, payment reversals, failed payments, credit-card chargebacks, duplicate payments, processing errors, or other invalid transactions (“Reversals”).

(b) Reconciliation

If a Reversal creates a negative balance in Affiliate's account, Company may offset the deficit against pending or future commissions.

If the negative balance remains outstanding, Company may suspend Affiliate's account and/or issue Affiliate a direct invoice for amounts properly owed.

(c) Fraud, Self-Dealing, and Material Compliance Violations

Company may recover commissions attributable to fraud, self-dealing, program manipulation, or material violations of this Agreement whenever such conduct is discovered, subject to applicable law.

This includes commissions arising from:

  • stolen or unauthorized payment credentials;

  • fabricated customers or author accounts;

  • automated bots or artificial traffic;

  • manipulation of Affiliate links or attribution;

  • purchases made through Affiliate's own Affiliate link;

  • arrangements designed to circumvent Company's self-referral rules;

  • prohibited paid advertising;

  • unlawful spam;

  • material violations of advertising or endorsement laws;

  • material trademark violations;

  • false or unauthorized bestseller claims;

  • false representations concerning publication, royalties, author benefits, book sales, media exposure, or other results; or

  • other intentional manipulation of the Affiliate Program.

Company may withhold pending balances, offset or recover affected historical commissions, suspend Affiliate, and/or terminate Affiliate's participation, subject to applicable law.

19. AFFILIATE DISCLOSURE

Affiliate must clearly and conspicuously disclose Affiliate's financial relationship with AMA Publishing whenever required by applicable law.

Affiliate must make the disclosure sufficiently close to Affiliate's recommendation or Affiliate link that a reasonable consumer will understand Affiliate may receive compensation from purchases.

Affiliate may use straightforward language such as:

“I earn a commission if you purchase through my link.”

Affiliate may not rely solely upon vague or unclear terminology if it does not adequately communicate the financial relationship.

Affiliate is responsible for complying with applicable endorsement, testimonial, advertising, and consumer-protection requirements.

20. PROMOTING AUTHOR OPPORTUNITIES AND PUBLISHING OFFERS

When promoting an AMA Publishing author opportunity, book project, publishing package, course, payment plan, or other offer, Affiliate must accurately communicate material terms made available by Company.

Affiliate may not invent, modify, conceal, omit, or materially misrepresent:

  • pricing;

  • payment plans;

  • deadlines;

  • availability;

  • book title or theme;

  • author benefits;

  • VIP benefits;

  • publication terms;

  • royalty terms;

  • refund policies;

  • course or program contents;

  • bestseller campaign details;

  • bonuses;

  • submission requirements;

  • publication dates; or

  • other material terms.

Affiliate must use current information supplied or published by Company.

If Company provides required disclosure language for a particular book, author opportunity, launch, or campaign, Affiliate must use that language substantially as provided unless Company authorizes an alternative.

21. NO GUARANTEE OF BESTSELLER STATUS OR AUTHOR RESULTS

Affiliate may not state or imply that purchasing an AMA Publishing offer guarantees:

  • bestseller status;

  • a particular Amazon ranking;

  • book sales;

  • royalties;

  • media coverage;

  • podcast appearances;

  • speaking engagements;

  • clients;

  • customers;

  • business revenue;

  • audience growth;

  • authority or recognition;

  • publishing-industry opportunities; or

  • any other particular result.

Affiliate may accurately describe an AMA Publishing bestseller campaign, prior AMA Publishing achievements, author successes, or historical results using current Company-approved information.

Affiliate may not present prior or exceptional results as a guarantee of future outcomes.

22. PROMOTIONAL MATERIALS

Company may provide Affiliate with approved:

  • book covers;

  • graphics;

  • author-opportunity graphics;

  • photographs;

  • videos;

  • social-media posts;

  • email copy;

  • promotional language;

  • campaign materials;

  • product descriptions;

  • training materials;

  • launch materials;

  • swipe copy; and

  • other marketing assets.

Affiliate may personalize approved swipe copy to reflect Affiliate's genuine voice or experience, provided Affiliate does not introduce false, misleading, unsubstantiated, outdated, or unauthorized claims.

Company's provision of promotional materials does not relieve Affiliate of Affiliate's responsibility to comply with applicable law.

23. BRAND AND INTELLECTUAL PROPERTY

Company grants Affiliate a limited, revocable, non-exclusive, non-transferable license during Affiliate's authorized participation to use approved AMA Publishing names, logos, trademarks, book covers, graphics, photographs, videos, and promotional materials solely to promote eligible Company offers.

Affiliate may not:

  • materially alter Company trademarks, logos, book covers, or branding without permission;

  • register domains or social-media accounts containing “AMA Publishing,” Company book titles, Company program names, Monique Alvarez, or confusingly similar protected terms;

  • represent Affiliate's website or account as an official AMA Publishing property;

  • sublicense Company intellectual property;

  • remove copyright or trademark notices;

  • use Company intellectual property for unauthorized products or services;

  • create counterfeit, altered, or unauthorized AMA Publishing book covers or promotional assets;

  • suggest Affiliate owns or controls AMA Publishing or an AMA Publishing book project; or

  • continue using Company promotional assets after authorization has ended.

Company may require Affiliate to remove or correct promotional materials Company reasonably believes violate this Agreement or misuse Company intellectual property.

24. NO PAID ADVERTISING WITHOUT WRITTEN AUTHORIZATION

Affiliates may not run paid advertising to promote AMA Publishing offers unless Company has provided prior written authorization.

This prohibition includes, without limitation:

  • Facebook or Meta advertising;

  • Instagram advertising;

  • Google Ads;

  • YouTube advertising;

  • TikTok advertising;

  • LinkedIn advertising;

  • search-engine marketing;

  • display advertising;

  • sponsored placements;

  • paid traffic campaigns;

  • boosted social-media posts; and

  • other advertising for which Affiliate pays to distribute or amplify Company-related promotional content.

Affiliate may not bid on AMA Publishing trademarks, Company book titles, Company program names, Company-owned brand terms, Monique Alvarez, misspellings or variations of protected terms, or confusingly similar terms without prior written authorization.

Affiliate may promote eligible offers organically through Affiliate's own audience, content, email list, social media, relationships, community, podcast, networking, and other lawful unpaid promotional methods.

25. TRUTHFUL MARKETING AND PROHIBITED CLAIMS

Affiliate must market AMA Publishing and its offers truthfully.

Affiliate may not:

  • make false, misleading, deceptive, or unsubstantiated statements;

  • guarantee bestseller status or rankings;

  • guarantee book sales, revenue, clients, speaking engagements, media exposure, or business outcomes;

  • make unauthorized earnings claims;

  • fabricate testimonials, author results, bestseller results, rankings, or credentials;

  • fabricate scarcity or deadlines;

  • misrepresent pricing, bonuses, availability, refund policies, payment terms, publication terms, royalties, or program contents;

  • claim an author will receive royalties when the applicable project does not provide royalties;

  • claim a participant will receive services or benefits not included in the applicable offer;

  • present exceptional results as guaranteed or typical when doing so would be misleading;

  • make unauthorized legal, financial, health, tax, or other regulated claims; or

  • otherwise materially misrepresent Company or its offers.

Affiliate may share Affiliate's genuine personal experience provided the description is truthful and does not create a misleading impression concerning results others should expect.

26. EMAIL, SMS, DIRECT MESSAGES, AND SOCIAL MEDIA

Affiliate is solely responsible for complying with laws and platform requirements applicable to Affiliate's independent marketing activities, including requirements concerning:

  • commercial email;

  • telephone and text-message marketing;

  • direct messages;

  • endorsements and testimonials;

  • privacy and data protection;

  • consumer protection;

  • social-media marketing;

  • affiliate disclosures; and

  • platform-specific promotional requirements.

Affiliate may not send unlawful unsolicited commercial communications.

Affiliate may not represent that Affiliate's communication was sent by AMA Publishing.

Company's provision of swipe copy, graphics, templates, or promotional resources does not make Company the sender of Affiliate's independent marketing communications.

27. AFFILIATE AND PARTNER TRAINING

Company may provide Affiliate with orientation, sales or marketing training, promotional calendars, campaign strategy, graphics, swipe copy, live calls, launch information, promotional opportunities, or other resources.

Company may refer to participants using terms including Affiliate, Partner, Book Partner, Promoter, Ambassador, or similar terminology.

Such terminology describes participation in Company's promotional ecosystem only unless a separate written agreement expressly provides otherwise.

These terms do not create an employment, agency, partnership, publishing partnership, franchise, joint venture, or legal representative relationship.

Affiliate independently controls whether and how Affiliate conducts permitted promotional activities, subject to this Agreement.

Company does not guarantee that participation in training will result in sales, commissions, author enrollments, customers, or other results.

28. INDEPENDENT CONTRACTOR

Affiliate is an independent contractor and not an employee, agent, representative, spokesperson, publisher, partner, or joint venturer of Company.

Affiliate has no authority to:

  • enter into agreements on Company's behalf;

  • accept authors on Company's behalf unless specifically authorized in writing;

  • modify Company pricing;

  • promise refunds;

  • alter Company policies;

  • promise publication terms not approved by Company;

  • promise royalties;

  • make warranties on Company's behalf;

  • incur obligations for Company; or

  • otherwise legally bind Company.

Affiliate may truthfully state that Affiliate is an affiliate of AMA Publishing.

Affiliate may not imply Affiliate is an employee or official representative of AMA Publishing unless separately authorized in writing.

Affiliate is responsible for Affiliate's own expenses, equipment, taxes, insurance, business operations, and legal compliance.

29. CUSTOMER AND AUTHOR RELATIONSHIP

Customers and authors purchasing AMA Publishing products or Services are customers of Company with respect to those purchases.

Company controls its own:

  • pricing;

  • author acceptance;

  • publication decisions;

  • product delivery;

  • publishing fulfillment;

  • book production;

  • subscriptions;

  • billing;

  • customer service;

  • author support;

  • refund decisions;

  • project policies; and

  • customer policies.

Affiliate does not acquire ownership rights in customers, authors, leads, book projects, or accounts referred to Company.

30. CONFIDENTIAL INFORMATION AND TRADE SECRETS

Affiliate may receive confidential or nonpublic Company information through Affiliate training, communications, book planning, campaign planning, Affiliate dashboards, partner meetings, launch strategy, or other Company resources.

Affiliate may not use or disclose confidential information except as reasonably necessary for authorized Affiliate participation.

Confidential information may include unpublished:

  • book concepts;

  • book titles;

  • covers;

  • launch plans;

  • pricing strategies;

  • author lists;

  • customer information;

  • campaign strategies;

  • course materials;

  • sales processes;

  • financial information; and

  • other nonpublic Company information.

Affiliate must protect Company's trade secrets and proprietary information.

Confidential information does not include information that becomes publicly available without Affiliate's breach of this Agreement or information Affiliate lawfully obtains independently without confidentiality restrictions.

Affiliate's obligations regarding trade secrets and confidential information survive termination to the extent permitted by applicable law.

31. NO GUARANTEE OF AFFILIATE EARNINGS

Company does not guarantee Affiliate will earn commissions or achieve any particular financial result.

Affiliate earnings depend upon numerous factors, including Affiliate's promotional activity, audience, relationships, marketing, market conditions, customer purchasing decisions, campaign performance, and continued eligibility.

Examples involving other Affiliates, Partners, or Book Partners do not constitute promises of Affiliate's future earnings.

32. TERMINATION

Affiliate may discontinue active participation in the Affiliate Program at any time.

Company reserves the right, to the fullest extent permitted by applicable law, to suspend or terminate its Affiliate relationship with Affiliate at any time and for any lawful reason.

Company may immediately terminate or suspend Affiliate for conduct including:

  • fraud;

  • program manipulation;

  • self-referrals;

  • prohibited paid advertising;

  • deceptive or unlawful marketing;

  • misuse of Company intellectual property;

  • unauthorized bestseller, revenue, royalty, publishing, or results claims;

  • misrepresentation of an AMA Publishing offer;

  • material breach of this Agreement; or

  • activity Company reasonably determines creates material legal, financial, operational, brand, or reputational risk.

33. POST-TERMINATION COMMISSIONS

Unless otherwise stated in campaign-specific written terms, termination ends Affiliate's ability to generate new commissions through future referrals.

Qualifying Sales properly attributed to Affiliate before the effective date of termination and that subsequently satisfy the applicable eligibility and hold requirements may remain payable, unless termination resulted from fraud, self-dealing, manipulation, unlawful activity, material misrepresentation, or another material breach affecting those commissions.

Where an eligible recurring commission arrangement exists, Company may state separately whether valid recurring commissions on previously referred customers continue after Affiliate ceases active promotion.

No post-termination commission right should be inferred unless provided by this Agreement, the applicable campaign terms, or another written agreement.

34. POST-TERMINATION USE OF AMA MATERIALS

Following termination, Affiliate must discontinue unauthorized use of Company's:

  • trademarks;

  • logos;

  • book covers;

  • copyrighted promotional materials;

  • course materials;

  • domain names or confusingly similar domain variants;

  • proprietary materials;

  • confidential information; and

  • trade secrets.

Affiliate must remove or update outdated AMA Publishing offers, pricing, links, deadlines, author opportunities, and promotional claims when reasonably requested by Company.

35. FRAUD AND PROGRAM MANIPULATION

Affiliate may not manipulate Company's tracking, attribution, commission, author, customer, or payment systems.

Prohibited practices include:

  • fabricated customers or authors;

  • fraudulent transactions;

  • cookie stuffing;

  • forced clicks;

  • misleading redirects;

  • automated false traffic;

  • unauthorized use of another person's payment information;

  • manufactured self-referrals;

  • manipulation of last-click attribution; or

  • other artificial methods intended to obtain commissions.

Company may withhold commissions reasonably connected to suspected fraud while conducting a good-faith investigation.

36. CHANGES TO THE AFFILIATE PROGRAM AND AGREEMENT

Company may prospectively modify this Agreement or Affiliate Program, including:

  • commission rates;

  • eligible products or projects;

  • payment procedures;

  • referral windows;

  • attribution rules;

  • promotional requirements;

  • compliance requirements; and

  • other Affiliate Program terms.

Company will provide reasonable advance notice of material changes when appropriate, unless a shorter period is reasonably necessary to comply with law, prevent fraud, address security or platform issues, correct a material problem, or protect Company or its customers from harm.

Notice may be provided through email, an Affiliate dashboard notification, a partner portal, or another clear electronic communication.

Affiliate may reject a modification by ending Affiliate's participation before revised terms become effective.

Affiliate's continued generation or use of Affiliate links, promotion of Company offers, participation in the Affiliate Program, or acceptance of commissions after the stated effective date constitutes Affiliate's acceptance of revised terms to the extent permitted by applicable law.

Modifications apply prospectively.

Company will not retroactively reduce commissions that became earned and payable under the Agreement then in effect, except for adjustments otherwise authorized by this Agreement involving refunds, Reversals, fraud, tracking errors, self-dealing, or invalid transactions.

37. INTERNATIONAL AFFILIATES

Affiliates operating, residing, or targeting audiences outside the United States are responsible for complying with laws applicable to their activities.

(a) Local Privacy Laws

International Affiliate agrees to comply with privacy and data-protection laws applicable to Affiliate's activities.

(b) Cross-Border Data

Where applicable, Affiliate is responsible for complying with legally required mechanisms concerning cross-border transfers and processing of personal information.

(c) Consent and Tracking

Affiliate is responsible for implementing legally required consent mechanisms before utilizing Affiliate tracking technologies where such consent is required.

(d) Regional Marketing Requirements

Affiliate must clearly disclose Affiliate's financial relationship with Company and comply with applicable regional consumer-protection, advertising, endorsement, email, messaging, and privacy requirements.

(e) Trade Sanctions and Export Controls

Affiliate represents that Affiliate and, where applicable, entities or persons owning or controlling Affiliate are not prohibited from participating under applicable trade sanctions or restrictions.

Company may conduct compliance screening where reasonably necessary.

(f) International Tax Documentation

Non-U.S. Affiliates may be required to provide applicable tax documentation.

Affiliate bears responsibility for determining, reporting, and paying applicable local income taxes, VAT, digital-services taxes, or similar obligations.

(g) Currency and Fees

Unless Company states otherwise, commissions are calculated and paid in United States Dollars (USD).

Affiliate is responsible for currency-conversion charges, payment-provider fees, bank charges, or other third-party costs applicable to Affiliate's receipt of funds.

38. INDEMNIFICATION

To the fullest extent permitted by applicable law, Affiliate agrees to indemnify, defend, and hold harmless Pinnacle Agency for the Arts LLC, AMA Publishing, and their owners, officers, employees, contractors, representatives, successors, and assigns from third-party claims, liabilities, damages, losses, judgments, penalties, and reasonable costs and expenses, including reasonable attorneys' fees, arising from or related to:

  • Affiliate's material breach of this Agreement;

  • Affiliate's unlawful promotional activities;

  • Affiliate's false, misleading, or unauthorized representations;

  • Affiliate's violation of applicable law;

  • Affiliate's infringement of third-party rights;

  • Affiliate's unauthorized use of Company intellectual property; or

  • Affiliate's unauthorized promises regarding publishing, royalties, bestseller status, rankings, book sales, or other AMA Publishing results.

39. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE, PROFITS, BUSINESS OPPORTUNITY, COMMISSIONS, OR DATA, ARISING FROM OR RELATED TO THE AFFILIATE PROGRAM.

TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY'S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE AFFILIATE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS ACTUALLY PAID TO AFFILIATE DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

40. TECHNOLOGY DISCLAIMER

The Affiliate Program relies upon third-party technology and services, including tracking software, Kajabi or other website infrastructure, payment processing, email systems, checkout technology, and Affiliate-payment providers.

Company does not warrant that Affiliate tracking or third-party platforms will operate without interruption or error.

Company will use commercially reasonable efforts to administer the Affiliate Program accurately but is not responsible for failures outside Company's reasonable control.

41. GOVERNING LAW

This Agreement and disputes arising from it will be governed by and construed according to the laws of the State of Florida, without regard to conflict-of-law principles, except where applicable federal law controls.

Company's intended venue is Sarasota County, Florida, subject to the dispute-resolution provisions below.

42. DISPUTE RESOLUTION AND BINDING ARBITRATION

(a) Good-Faith Resolution

Before commencing formal arbitration, the Party asserting a dispute shall provide reasonable written notice describing the dispute and permit the Parties a reasonable opportunity to attempt resolution in good faith.

(b) Binding Arbitration

To the fullest extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to this Agreement that cannot be resolved informally shall be resolved through final and binding arbitration rather than a court trial, except for claims eligible for small claims court or requests for temporary or emergency equitable relief as provided below.

Arbitration shall be administered by a recognized arbitration provider agreed upon by the Parties or otherwise selected in accordance with applicable law.

(c) Location and Governing Law

The legal seat of arbitration shall be Sarasota County, Florida, unless the Parties agree otherwise or applicable law requires another location.

Arbitration shall be conducted in English.

(d) Court Carve-Outs

Either Party may bring an eligible individual action in small claims court.

Either Party may seek emergency, temporary, or preliminary injunctive relief in a court of competent jurisdiction when reasonably necessary to protect intellectual property, confidential information, trade secrets, or prevent irreparable harm pending resolution of the underlying dispute.

(e) Individual Proceedings

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AGREE THAT CLAIMS WILL BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES WAIVE ANY RIGHT TO A TRIAL BY JURY WITH RESPECT TO CLAIMS SUBJECT TO BINDING ARBITRATION.

43. SEVERABILITY

If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law and the remaining provisions will remain in effect.

44. WAIVER

Failure by Company to enforce a provision of this Agreement does not waive Company's right to enforce that provision or any other provision later.

45. SURVIVAL

Provisions that by their nature should survive termination will survive, including provisions concerning:

  • commission adjustments and repayment obligations;

  • intellectual property;

  • confidential information and trade secrets;

  • taxes;

  • indemnification;

  • limitation of liability;

  • dispute resolution;

  • governing law; and

  • accrued payment obligations.

46. INCORPORATED DOCUMENTS AND ORDER OF PRECEDENCE

The following may collectively govern Affiliate's relationship with Company where applicable:

  1. this Affiliate Program Agreement;

  2. Book Partner or campaign-specific terms expressly issued by Company;

  3. other Affiliate or promotional addenda;

  4. Company's Privacy Policy;

  5. Company's Terms & Conditions; and

  6. other applicable written agreements.

With respect specifically to Affiliate Program participation, this Affiliate Program Agreement controls over Company's general Terms & Conditions in the event of a direct conflict unless a more specific written agreement expressly states that it supersedes a particular Affiliate Program provision.

With respect to a specific Book Partner arrangement or campaign, written terms specifically issued for that arrangement may supplement or supersede this Agreement as expressly stated.

47. ENTIRE AGREEMENT

This Agreement, together with documents and policies expressly incorporated by reference, constitutes the agreement between Company and Affiliate concerning participation in the Affiliate Program.

Campaign-specific and Book Partner terms may supplement this Agreement.

If campaign-specific written terms expressly state that they supersede a provision of this Agreement for that campaign, those specific terms will control for that campaign.

48. CONTACT

Questions concerning the Affiliate Program or this Agreement may be directed to:

Pinnacle Agency for the Arts LLC
DBA AMA Publishing

Affiliate Support Email: [email protected]

ACCEPTANCE

By checking the acceptance box and enrolling in the AMA Publishing Affiliate Program, Affiliate acknowledges that Affiliate:

  • has read this Affiliate Program Agreement;

  • understands its terms;

  • has had the opportunity to seek independent legal advice;

  • agrees to be bound by this Agreement; and

  • understands that participation in the Affiliate Program is conditioned upon compliance with these terms.

Last Updated: October 2026