Empowered By Design

Affiliate(“Referral Program”) Agreement

Empowered By Design Referral Program Agreement

Last updated and effective: 2 February 2025

PLEASE READ THESE REFERRAL TERMS CAREFULLY

This Empowered By Design Referral Program Agreement, referred to here as “Agreement”, govern our referral program (“Referral Program”). The definitions of capitalized terms are defined in parenthesis within this Agreement.

By using, participating in, or receiving the benefit of any portion of our Referral Programs, you agree to be bound by this Agreement and to comply with it. If you do not agree to the terms of this Agreement, you must not use our Referral Program.

DESCRIPTION OF THE REFERRAL PROGRAM
1.1. The Referral Program allows you to benefit, for a specified period of time, by our free choice and discretion, of a non-monetary or monetary reward (hereinafter “Referral Fee”), if you meet the requirements of any of the Referral Programs in force at the time applicable to you. You can see the requirements for your current Referral Program on the invite page (“Program Requirements”), including whether you are eligible for said program, how many friends you need to invite, the Referral Fee that you may receive and the conditions attached to the Referral Program.

1.2. To participate in the Referral Program, among other requirements, you must invite another person that is not a current Empowered By Design Course’s customer to sign up to Empowered By Design Coaching Course by sharing a unique link provided to you on Empowered By Design Affiliate account that your invitee can then add on Empowered By Design’s referral page, or by having a person who has recently joined Empowered By Design Coaching Course add your unique link within 30 days of signing up (“Invitees”).

1.2.1 For the avoidance of doubt, it shall not be possible to add the invitation after 30 days from signing up with Empowered By Dessign Affiliate Program.

1.3. You may receive a Referral Fee each time you meet, at our discretion, the requirements of the Referral Program applicable to you in force at the time.

ELIGIBILITY AND AVAILABILITY
2.1. You must be a registered user of Empowered By Design Affiliate Program in good standing to benefit from the Referral Program.

2.2. Referral Programs are not available in all countries or locations. Participation in any Referral Program is unauthorized in any jurisdiction where all or any portion of this program may violate (or may cause Empowered By Design Affiliate Program to violate) any legal requirements, and you agree not to participate if you are a resident of any such jurisdiction. Referral Programs are for personal, non-commercial use.

2.3. If you are eligible and wish to refer people for commercial purposes and/or including referrals via a website or social media (or for other purposes outside the scope of these terms), at our sole and absolute discretion, we reserve the right to move you on to our affiliate program, or exercise our rights under clause 6.1.

2.4. If Empowered By Design elects to move you to our affiliate program, you will be subject to the same terms under this Agreement. If you do not want to join the affiliate program, but continue to refer people for commercial purposes, then Empowered By Design reserves the right to exercise its rights under clause 6 of the terms of this Agreement.

PROHIBITED USES
3.1. You may only use our Referral Program in good faith for lawful purposes. You may not:

(a) create more than one account in order to invite yourself;

(b) invite others that have created duplicate accounts;

(c) use alternative contact information to refer yourself or others that have created duplicate accounts;

(d) invite someone who has been a customer of Empowered By Design Coaching Course for more than 30 days, in accordance with item 1.2 bellow;

(e) invite fictitious persons;

(f) do anything that damages Empowered By Design Coaching’s brand, goodwill or reputation;

(g) use our Services in a deceiving or deceptive manner to benefit from a Referral Program;

(h) use the Referral Program in: (i) any way that breaches any applicable local, national or international law or regulation; or (ii) any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; (iii) in any way that contravenes any other agreements we have with you, including our Customer Agreement and Acceptable Use Policy; or (iv) in a manner harmful to our interests;

(i) to transmit any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); or

(j) to transmit any unsolicited or unauthorized advertising either via paid search or any other similar activity, including channels that can damage the Empowered By Design brand, goodwill or reputation;

(k) share the invitation link to another person (Empowered By Design Coaching’s non customer) that has not told you they want to receive information about Empowered By Design;

(l) each qualified person you invite shall only make transfers from a credit card, debit card or bank account which is in their name.

(m) share your invite link on content websites or social media channels that goes beyond the reach of your family and friends. If you do so, Empowered By Design Affiliate program may, at its sole and absolute discretion, exercise its rights under clause 6 of these Terms.

(n) use your invite link for commercial purposes (i.e., goes beyond the reasonable sharing an invite link to your family and friends). If you do so, Wise may, at its sole and absolute discretion, elect to exercise its rights under clause 6 of these Terms.

3.2. Any obligation on you not to do something includes an obligation not to allow that thing to be done.

ADDITIONAL DOCUMENTS
4.1. Empowered By DesignAffiliate Program may require additional documents, including identification information, from you prior to giving any Referral Fee.

4.2. Empowered By Design Affiliate Program shall not be in breach of this Agreement (nor have any obligation to pay you a Referral Fee) if you do not (in Empowered By Design’s sole and absolute discretion) provide the additional documents requested by Empowered By Design Affiliate Program.

DATA PROTECTION
You represent and warrant to us that you have obtained the express consent from the individuals whose data you provide us with.

WHAT WE CAN DO IF YOU ABUSE REFERRAL PROGRAMS OR BREACH THIS AGREEMENT
6.1. If we suspect (in our sole and absolute discretion) that you have not used the Referral Program in good faith or have breached or acted inconsistently with the Agreement, we have the right to:

a) refuse to pay you the Referral Fee

b) suspend or terminate this Agreement, your participation in any Referral Program or your access to our Services under the Customer Agreement applicable and accepted by you.

6.1.1 You understand and agree that termination of your participation in the Referral Program (or your access to Empowered By Design’s Affiliate Program Service) will result in the immediate forfeiture of all Referral Fees associated with you.

6.2. Empowered By Design Affiliate Program will be the sole arbiter in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination, suspension, or disabling of your participation in Referral Program terms and/or your forfeiture of any Referral Fee.

LIMITATION OF LIABILITY
7.1. Empowered By Design Affiliate Program accepts no liability for any use of the Referral Program which does not comply with this Agreement.

7.2. You are liable if you breach this Agreement or applicable laws. In the event of loss, claims, costs or expenses (including reasonable legal fees) arising out of your breach of this Agreement, any applicable law or regulation and/or your use of our Services, you agree to defend, compensate us and our affiliates and hold us harmless. This provision will continue after our relationship ends.

7.3. You acknowledge that we may use the Referral Fee to offset any amounts you owe us.

CHANGES TO THIS AGREEMENT
We may amend this Agreement, any Program Requirements or other terms or policies that govern your participation in the Referral Program from time to time. The revised Agreement or Program Requirement will take effect when posted or as otherwise expressly indicated. By continuing to use the Referral Program after any changes to this Agreement or Program Requirements take effect or taking such other action as specified by Empowered By Design Affiliate Program, you agree to be bound by those changes.

CHANGES AND TERMINATION OF THE REFERRAL PROGRAM
9.1. Empowered By Design Affiliate Program reserves the right to, in our sole and absolute discretion:

(a) amend, change, cancel or restrict the Referral Program at any time (for some or all users), or any Referral Fee at any time and for any reason without notice; and

(b) terminate the Referral Program at any time, without notice.

9.2. In the event the Referral Program is terminated or if your access to our Services is terminated for any reason, Empowered By Design Affiliate program will not be obliged to credit any accounts that would have otherwise qualified for a Referral Fee.

CONTACT US
If you need any support, you can contact us: ebdaffiliates@nsikakdavid.com