Affiliate Terms and Conditions

1. Definitions
1.1. Affiliate

A BizPower360 Affiliate, also known as a Business Services Consultant (BSC), is an individual or entity who has formally enrolled in the BizPower360 Affiliate Program and agreed to abide by the program's terms and conditions. As an affiliate, they are granted the privilege to promote BizPower360 products and services through various marketing channels using unique affiliate links provided by BizPower360. Affiliates earn commissions based on referrals and sales generated through their affiliate links. They are expected to conduct themselves in a professional and ethical manner, adhering to program policies and guidelines. Affiliates have the opportunity to earn recurring income through residual commissions and may also be eligible for additional incentives and rewards based on their performance and contribution to the program.

​

1.2. Referral

In the context of the BizPower360 Affiliate Program, a referral is defined as the action taken by an affiliate to introduce a prospective client or business to BizPower360 through their unique affiliate link or designated tracking mechanism. For a referral to be considered valid and eligible for commission, the following conditions must be met:

​

The prospective client or business must be introduced to BizPower360 by clicking on the affiliate's unique affiliate link or utilizing the designated tracking mechanism provided by BizPower360.
The referral must result in a qualifying action or transaction, such as scheduling an appointment, enrolling in a service, or making a purchase of BizPower360 products or services.
The referral must not be a duplicate or repeat of an existing client or business already associated with BizPower360 through another affiliate or marketing channel.
The referral must comply with all applicable laws, regulations, and program policies.
BizPower360 reserves the right to determine the validity of referrals and eligibility for commission in its sole discretion. Any disputes regarding referrals will be resolved in accordance with the terms and conditions of the affiliate agreement.

​

1.3. Level One Affiliate

A Level One Affiliate refers to an individual or entity who has been directly recruited by an existing affiliate to join the program and become part of their affiliate team. This recruitment typically occurs through the affiliate's efforts to expand their network and build a team of affiliates who collaborate to promote BizPower360 products and services.

​

1.3.1. A Level One Affiliate is considered to be the first tier of recruitment within the affiliate's team structure. They maintain a direct affiliation with the recruiting affiliate and are often referred to as the "first-level" or "frontline" affiliates.

1.3.1. Level One Affiliates have the same rights and responsibilities as other affiliates within the program and are eligible to earn commissions based on their referrals and sales activities. They also have the opportunity to recruit their own affiliates and build their own affiliate teams, thereby expanding the affiliate network and potentially increasing their earning potential.

1.3.2. The term "Level One Affiliate" denotes the hierarchical relationship between the recruiting affiliate and the newly recruited affiliate within the affiliate team structure. It does not imply superiority or seniority.

1.4. Level Two Affiliate
A Level Two Affiliate is a pivotal player who not only drives direct sales or leads but also acts as a recruitment agent within our affiliate network. Level Two affiliates leverage their own marketing channels, expertise, and industry connections to attract and support sub-affiliates, contributing to program growth.

​

1.4.1. A Level Two Affiliate is considered to be the second tier of recruitment within the affiliate's team structure.

1.4.2. Level Two Affiliates have the same rights and responsibilities as other affiliates within the program and are eligible to earn commissions based on their referrals and sales activities. They may also recruit their own affiliates.

1.4.3. The term "Level Two Affiliate" denotes tier position only and does not imply superiority or seniority.

2. Affiliate Conduct

2.1. Affiliates are expected to conduct themselves in a professional and ethical manner at all times. This includes but is not limited to:

Providing accurate information about BizPower360 products and services.
Refraining from engaging in deceptive or misleading marketing practices.
Avoiding spamming communications.

Representing BizPower360 in a positive light and adhering to brand guidelines.

2.2. Cancellation and Termination: BizPower360 reserves the right to cancel or terminate an affiliate's participation in the program for any reason, including but not limited to:
Violation of the terms and conditions.
Engagement in fraudulent or unethical behavior.

Any action deemed detrimental to the reputation or interests of BizPower360.

2.3. Affiliate Links:
 

Affiliates will be provided with unique affiliate links to track referrals.
These links must be used appropriately and may not be modified or tampered with in any way.

3. Enrollment, Affiliate Fee, and Commission Eligibility Requirements

3.1. Enrollment Process

Affiliates must sign up either through the affiliate link provided or directly at the bizpower360.com company site.
Affiliates are required to agree to the terms and conditions outlined in the affiliate agreement.
Affiliate Fee: Affiliates are required to choose either a yearly or monthly affiliate fee when joining.

3.2. Commission Eligibility Requirements

Affiliates must meet eligibility requirements to maintain their affiliate status.
If an affiliate fee payment fails, the affiliate account will remain active for 5 days. Non-payment after 5 days will result in suspension. Affiliates have 30 days to pay their affiliate fee to reinstate their account.
If the affiliate fails to pay the fee within 30 days, their account will be deactivated, and all business referrals and future commissions will go to the company.

Commissions for past due clients that pay up to current will be paid on the 15th of the month following the month the client becomes current.

Affiliate fees must be paid current for affiliates to be commission eligible.

3.3. Affiliate Account Status Levels

Active: The affiliate account fee is paid and current.
Suspended: The affiliate fee is 5 days past due but within the 30-day grace period.
Cancelled: The affiliate account fee has not been paid within 30 days of its due date.

3.4. Deactivated Accounts

Affiliates with deactivated accounts lose their customers and affiliate links and are no longer eligible for reinstatement.
If your affiliate account is deactivated, you may re-enroll as a new affiliate by joining through another affiliate or by signing up at the bizpower360.com website, agreeing to the affiliate agreement, and paying the enrollment fee. Upon re-enrollment, you will receive a new affiliate account and affiliate links.

3.5. Persistent Commission

If an affiliate leaves the program for any reason, including but not limited to voluntary withdrawal, termination, or cessation of business activities, commission levels, the affiliate shall not receive any future commission. For referrals generated by the departing affiliate, commissions due to the departing affiliate's upline shall remain unchanged. Commissions for uplines will persist at the same level they were prior to the departure of the affiliate.

​

4. Commission Amounts and Rate Adjustments

4.1. Variable Commission Structure: Commission amounts and percentages vary by product, service line, or partnership offering and are subject to periodic updates at BizPower360’s discretion.
4.2. Published Commission Schedules: The official commission amounts and payout terms are those published by BizPower360 in the Affiliate Portal, Commission Schedule, or other official communications.
4.3. Effective Date of Commission Rates: All commissions are calculated based on the published amounts and percentages effective at the time of sale (the date client payment is received). Changes do not apply retroactively.
4.4. Right to Modify Commission Rates: BizPower360 may adjust rates, introduce/modify/discontinue categories, and implement promotional structures. Changes take effect upon publication or formal notice.

5. Commissionable Activity

5.1. Definition of Commissionable Activity

A Commissionable Activity is any verified client referral that results directly from an Affiliate’s promotional efforts and meets all of the following conditions:

The referral is made using the Affiliate’s unique affiliate link or tracking code provided through the BizPower360 Affiliate Portal; or is manually entered by the Affiliate through their Affiliate Portal; or is entered by an authorized BizPower360 agent on behalf of the Affiliate with proper identification of the referring party.
The referred client is confirmed and entered as a registered lead or client within the official BizPower360 system or CRM.
The referral results in a completed sale or executed agreement and BizPower360 successfully collects payment from the client.

5.2. Referral Verification and Duplicate Referrals

In the event that multiple Affiliates refer the same client or company, BizPower360 will determine, at its sole discretion, which Affiliate is entitled to the commission based on verified referral records, timestamps, and the origin of the business relationship. BizPower360’s determination shall be final and binding.

​

5.2.1.1. If a client was previously referred by another Affiliate or is already active in the BizPower360 database, the subsequent referral will not be commissionable unless BizPower360 determines the new referral materially contributed to the sale.

5.2.1.2. If an Affiliate refers a non-decision maker, and BizPower360 later closes a sale with that company without material involvement from the original contact, the commission will not be awarded.

5.2.1.3. When legitimate cause exists to recognize a referral as contributing to a sale, BizPower360 will award commission to the Affiliate who demonstrated legitimate activity.

5.3. Prohibited Conduct and Abuse Prevention

Affiliates are strictly prohibited from activities designed to “claim” clients or leads without genuine referral intent or opportunity, including:

Submitting clients without verifiable contact or opportunity with a legitimate decision maker.
Submitting leads solely to reserve or “lock” them in the system.
Misrepresenting or falsifying contact information, or submitting prospects clearly outside the Affiliate’s market reach or relationship scope.
Attempting to claim ownership of clients generated through BizPower360’s corporate marketing, partnerships, or other affiliates’ referrals.

5.4. Remedies for Abuse
Such actions constitute program abuse and material breach. BizPower360 may:

Deny related commissions;
Revoke portal or tracking access;
Terminate Affiliate status immediately without notice;
Pursue legal or financial remedies for damages.

5.5. Discretion and Fair Award of Commission

BizPower360 retains exclusive discretion to evaluate referral legitimacy and eligibility, including disputed referrals.
With sufficient evidence of material contribution (e.g., introductions, communications, meeting facilitation), BizPower360 may award full or partial commission credit.
BizPower360’s decision is final, non-appealable, and binding.

5.6. Confirmation of Understanding

Commissions are payable only for qualified, verified, and commissionable activities.
BizPower360’s systems and records govern all commission decisions.
Misuse of the affiliate system to generate false leads or illegitimate entries is grounds for immediate termination and forfeiture of pending commissions.

6. Commission Payments

Commissions to eligible affiliates will be paid out on the 15th of the month following the month in which BizPower360 has successfully collected funds directly corresponding to each affiliate’s commissionable activity. Payments are subject to policy compliance.

​

7. Program Age Requirement Policy
 

Affiliates must be at least 18 years of age.
Proof of age may be required (e.g., government-issued ID). Failure to verify may result in rejection.
Affiliates are responsible for compliance with age-related laws in their jurisdiction.
Violations may result in termination; BizPower360 may take appropriate action for false information.

8. Spousal Membership Restriction
 

Spouses or domestic partners of active affiliates are not eligible to join the program. Other household members may join if otherwise eligible.
“Spouse” includes legally recognized partners in marriage, civil union, or domestic partnership.
Verification of marital status may be requested; failure may result in rejection.

9. Stacking of Affiliates

Affiliates may not create multiple accounts for themselves or their spouses to circumvent policy.
Violations may result in termination, forfeiture of commissions, and potential legal action.
Appeals may be submitted for review; BizPower360 decisions are final.

10. Client Confidentiality Requirement
 

Affiliates must maintain confidentiality of all client information obtained in the course of affiliation, including (but not limited to) names, contact info, business operations, financial data, intellectual property, and any other client-related information.

Only client information publicly released by the Company (website, press releases, official channels) may be disclosed.
Non-public client information may not be disclosed without prior written authorization.
Violations constitute material breach and may result in termination and legal action.
Possible violations should be reported promptly; anonymous reporting permitted, with whistleblower confidentiality.
This policy may be updated periodically; affiliates will be notified of changes.

11. Cross Recruiting and Affiliate Structure Integrity

No Marketing Prohibition: Affiliates may promote other businesses or opportunities, except when using social profiles to market products/services in direct competition with BizPower360 products. Recruiting to BizPower360 via social media is discouraged if it conflicts with an affiliate’s existing company agreement.
No Direct Compensation for Recruiting: Recruiting is not compensated; only client product sales are commissionable.
Affiliate Structure Integrity: Affiliates who cancel may not rejoin under a different upline for one year.
Participation implies agreement with this clause as a condition of affiliation.

12. Affiliate Recruiting Disputes
 

Recruitment is honored based on the affiliate link used at sign-up.
Once a Level One Affiliate has earned any commission, they will not be moved to another upline.
If no commission has been earned, a transfer request may be submitted within 48 hours of enrollment.
Past 48 hours, a transfer requires written agreement from the original recruiter.
BizPower360 reserves final decision authority on all transfers.

13. Use of the BizPower360 Brand, Likeness, and Representation
 

13.1. Independent Contractor Status

The relationship is that of independent contractor. Affiliates are not employees, partners, agents, representatives, franchisees, or joint venturers.
Affiliates have no authority to bind BizPower360 or act on its behalf beyond permissions granted by this Agreement.

13.2. Prohibition on Misrepresentation and Unauthorized Use

Affiliates shall not use BizPower360 branding in a manner that implies employment or authorized representation. This applies to print, digital media, email, SMS/IM, and verbal communications.

​

13.4. Examples of Prohibited Actions

Using “@bizpower360.com” (or similar) emails.
Social profiles identifying as “BizPower360 Representative/Agent/Advisor”.
Using logos/trademarks without written authorization.
Speaking publicly on behalf of BizPower360 (press, interviews, statements).
Business cards/signage implying official capacity.
Presenting as employee/executive/partner of BizPower360.
Messages appearing to originate from corporate channels.
Registering domains containing “BizPower360” or confusingly similar marks.
Making unapproved claims about compensation or program benefits.

13.5. Examples of Acceptable and Compliant Actions

Describing oneself as an “Independent Affiliate of BizPower360,” “Independent BSC,” or “BizPower360 Independent Marketing Partner.”
Using BizPower360-approved materials from official channels.
Using clear disclaimers on personal sites (e.g., “This website is operated by an independent BizPower360 Affiliate and is not an official BizPower360 website. BizPower360 is not responsible for the content of this site.”)

Referring clients via assigned affiliate links or tracking codes.
Using approved logos/templates per Brand Usage Guidelines without alteration.

13.6. Enforcement, Termination, and Legal Action

Immediate termination of affiliate status.
Forfeiture of unpaid/pending commissions.
Restitution for funds obtained through misrepresentation.
Legal action (damages, injunctive relief, fees).
Potential reporting to relevant authorities.

14. Website Outages and Liability
 

14.1. BIZPOWER360 ("THE COMPANY") SHALL NOT BE HELD LIABLE FOR ANY LOSSES, DAMAGES, OR INCONVENIENCES RESULTING FROM WEBSITE, BACK OFFICE, PORTAL, OR CRM OUTAGES. While the Company endeavors to maintain seamless operation, occasional disruptions may occur. Affiliates use these systems at their own risk.

Use of BizPower360 technology is limited to legitimate program-related business purposes. Unauthorized use is prohibited.
Unauthorized use may result in immediate termination, removal of access without compensation, and potential legal action.
Affiliates agree to indemnify and hold BizPower360 harmless against claims arising from unauthorized usage.

15. Income Disclaimer

Participation does not guarantee income. Results depend on individual effort, market conditions, and strategy.
Earnings vary. No promises or warranties regarding income. Testimonials are not guarantees.
Evaluate your situation and goals carefully; results may vary and involve risk.
Members acknowledge responsibility for outcomes; referrals are opportunities, not guarantees of sales or commissions.

Consult financial and legal professionals before making decisions.
BizPower360 may modify the Affiliate Compensation Plan at any time without notice. Continued participation constitutes acceptance. BizPower360 is not liable for losses due to plan changes.
16. Representation of Insurance Products
Affiliates are strictly prohibited from unlawful or unethical representation of insurance products. Violations (misrepresentation, false/misleading information, illegal practices) may result in immediate termination and legal action.

​

17. Income Claims
 

Affiliates are prohibited from unauthorized income claims or guarantees. Do not:

Make exaggerated or unrealistic income projections.
Use testimonials that imply guaranteed results.
Create materials suggesting assured financial gains.
Misrepresent or exaggerate affiliate income.
Make claims not supported by verifiable evidence or that may mislead.
Violations may result in termination and other measures to enforce compliance.

18. Compliant Representation of Savings and Product Performance
 

Savings Representation: Must be truthful, accurate, and based on verifiable data/standards/case studies. Disclose assumptions and conditions.
Product Performance: Discuss features/benefits and typical outcomes only; no unsubstantiated specific performance claims.
Prohibited Specific Claims: No claims of revenue, cost savings, ROI, or other measurable outcomes without adequate evidence. No guarantees of specific results.
Disclosure: Clearly disclose assumptions, limitations, and factors affecting results.

19. Independent Contractor & Tax Responsibility

Affiliates are independent contractors and responsible for reporting/paying all applicable taxes.
Consult qualified tax professionals to ensure compliance (income tax, self-employment tax, etc.).
BizPower360 does not withhold taxes or provide tax advice; maintain accurate records.
Form 1099 will be issued to report earnings.

Affiliates assume full responsibility for tax obligations; BizPower360 disclaims liability.
Affiliates must keep abreast of tax law changes and seek guidance as needed.

20. Affiliate Program Refund Policy

The BizPower360 Affiliate Program does not offer refunds for affiliate fees. Once payment is processed, no refunds will be issued. Payment constitutes agreement to these terms.

​

21. Class Action Waiver

Individual Resolution: All disputes shall be resolved exclusively through binding arbitration on an individual basis.
Waiver: You waive rights to participate in any class/collective/representative action or arbitration.
Scope: Applies to the fullest extent permitted by law. If any portion is unenforceable, the remainder continues in effect.

22. Arbitration Clause

Any dispute arising out of or relating to this agreement shall be settled by arbitration in accordance with the rules of the American Arbitration Association. Arbitration shall be conducted in Tennessee, United States, governed by Tennessee law, before a single arbitrator. The arbitrator’s decision is final and binding, and judgment may be entered in any court with jurisdiction. Each party bears its own costs, expenses, and attorneys’ fees.

​

23. Modification of Terms

BizPower360 may modify or update these terms at any time without prior notice. Affiliates are responsible for reviewing and abiding by changes.

​

24. Severability and Survival

If any provision is found invalid or unenforceable, the remainder remains in full force.
Where possible, provisions shall be reformed to preserve original intent.
Obligations that by nature should survive (e.g., confidentiality, indemnification, limitation of liability, non-disparagement, intellectual property, dispute resolution) will survive termination or expiration.

25. Governing Law
 

This Agreement is governed by the laws of the State of Tennessee. Non-arbitrable disputes shall be brought exclusively in the state or federal courts located in Davidson County, Tennessee. You consent to personal jurisdiction and venue, agree Tennessee is the exclusive and convenient forum, and waive objections to venue or convenience. Service of process may be made per applicable law, including by certified mail or reliable delivery.

​

26. Acceptance of Terms
By becoming a BizPower360 Affiliate, you acknowledge that you have read, understood, and agreed to these terms and conditions in their entirety.