Pacer Pointer
(The Reading Wand) Affiliate Agreement
From here on, The Reading Wand will be known as “Pacer Pointer,” a subsidiary company of Pacer Pointer Limited.
The Pacer Pointer may offer you an opportunity to become an independent Pacer Pointer Affiliate (“Affiliate”), wherein you have the opportunity to earn additional money for Pacer Pointer products and services you sell. Pacer Pointer reserves the sole and exclusive right to determine the amount of remuneration each Affiliate will receive in exchange for the Affiliate's efforts. Affiliate commission is further discussed herein. See also Pacer Pointer Terms of Service, which apply to you in your role as Affiliate, unless otherwise expressly provided for.
This Affiliate Agreement (“Agreement”) governs Your application for, and any subsequent participation in, Pacer Pointer'(The Reading Wand) Affiliate program. By clicking “I Accept the Terms and Conditions” and submitting, You hereby accept the terms of this Agreement, You indicate that You have read and understood this Agreement, and agree that You are bound by its terms.
SECTION 1 - PARTIES All references to “You” and “Your” mean and refer to the person or entity who has executed this Agreement. Pacer Pointer and You are each referred to herein as a “ Party, ” and collectively as the “Parties.” You agree to notify us in writing if the legal name of your business or account ownership changes within twenty-four (24) hours of such change, and You certify that all such information is truthful and accurate. Notice of such changes should be sent to admin@thereadingwand.com
SECTION 2 - APPLICATION You agree to provide all information requested by Pacer Pointer in connection with Your Affiliate application, and You affirm that all information that You provide is truthful and accurate. You understand and agree that Pacer Pointer retains sole and exclusive discretion to determine whether You qualify for participation in Pacer Pointer Affiliate program. Not everyone who applies for the Pacer Pointer Affiliate program will qualify to participate.
SECTION 3 - CONSENT TO BE CONTACTED You expressly consent to be contacted at the email address and phone number You provide in Your application about Your application and the Affiliate Program, including through automated dialling systems, texts and artificial or pre-recorded messages, whether by Pacer Pointer or a third-party on behalf of Pacer Pointer. This consent is a material condition of this Agreement and may not be revoked except in writing by both Parties.
SECTION 4 - COMPENSATION If Your application to become an Affiliate is approved by Pacer Pointer, You will receive a unique Affiliate ID. The Affiliate ID will be incorporated within the DISCOUNT section, which You will use to advertise Pacer Pointer. You will have the opportunity to receive a commission for each sale (“Sale”) that is registered using Your Affiliate ID.
If a prospect (“Prospect”) has multiple Affiliate cookies (“Cookies”), the most recently-acquired Cookie will determine which Affiliate is credited with a Sale.
Provided that the Sold Sale (as defined below) remains in good status within thirty (30) days from the Sale, You will be paid a commission for each Sold Sale that generates a payment to Pacer Pointer in a month (“Commission”). Except as otherwise provided herein, Commission payments will be paid on the 1st of each month following Pacer Pointer receipt of payment for a Sold Sale, subject to the other terms of this Agreement. If the 1st of each month falls on a holiday, Commission payments will be paid on the business day preceding the holiday. All Commission payments are based on the amount of fees received by Pacer Pointer, less sales taxes.
The amount of Commissions are as follows:
The single Wand is £2.50 ($2.50, EU2.50)
The Peripheral Wand £7.50 ($7.50, EU7.50)
The Course is 10%
All Commissions are paid in UK Pounds (GBP) or otherwise in currencies offered by the payment provider. Some payment methods may incur processing fees that may be deducted from Your Commission payment. Your combined Commission must equal or exceed FIFTY POUNDS and (£50.00) (GBP) before You receive a payment from Pacer Pointer. If Your combined Commissions 120-day period does not exceed £50.00 (GBP), Your Commissions will not be paid and will be forfeited by You to Pacer Pointer.
Once a Commission of £50.00 (GBP) or more is earned, You will need to register with our third-party payment provider to receive payment of Commissions. This means You are authorizing third-party companies to contact You. Before You can be paid any Commission, If you are not a resident of the United Kingdom, Pacer Pointer may contain tax (including without limitation VAT) where required by applicable law. You are solely responsible for complying with all tax laws in Your respective jurisdiction(s), including, but not limited to, the payment of all required taxes, and filing of all returns and other required documents with, the applicable governing body(ies).
Commissions are paid only for transactions that actually occur between Pacer Pointer and a Sale and in which payment is received by Pacer Pointer. If payment for a Sold Sale later results in a refund or chargeback, and if a Commission was paid to You for that Sold Sale payment, then the Commission will be deducted from Your future Commissions.
If Pacer Pointer determines, in its sole and exclusive discretion, that any Sale was procured fraudulently or as a result of any violation of this Agreement or applicable law, no Commission will be paid for such Sale and, for past sales, such payment amounts shall be deducted from Your future Commissions and Pacer Pointer may terminate this Agreement immediately, without notice, and without Pacer Pointer having any liability to You.
SECTION 5 - TERM AND TERMINATION The term of this Agreement will begin the earlier of (i) when You click “I accept the Terms and Conditions” and submit; or (ii) Your participation in the Affiliate program is approved. Your participation in the Pacer Pointer Affiliate program will continue month-to-month until terminated. Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party thirty (30) days written notice of termination. If, in our sole discretion, You fail, or we suspect that You have failed, to comply with any term or provision of the Agreement or the Terms of Service, or violated any law, whether in connection with Your use of Pacer Pointer or otherwise, Pacer Pointer may take any action that it deems necessary, including without limitation to terminating the Agreement or suspending Your access to the Affiliate website (“Website”) at any time without notice to You. In addition, if, based on our data, you have a dispute rate greater than 2%, we may terminate this Agreement or suspend your access to the Website at any time without notice to You. In such instances as described above, and in our sole discretion, we may terminate our relationship and suspend any accounts owned/controlled by You. For the avoidance of doubt, and without limitation for the foregoing purposes, any violation of the required disclosure will be deemed a material breach of this Agreement. See Appendix A, Section 2, Disclosure. In the event this Agreement is cancelled due to Your breach, You immediately forfeit all Commissions,, This Agreement will terminate automatically if You earn no (zero) Commissions over a 12-month period.
If this Agreement is terminated or cancelled, then all provisions that, by their nature, should survive, will survive, including, but not necessarily limited to, all limitations of liability, disclaimers of warranties, indemnity obligations, mandatory arbitration and class action waiver provisions. , and exceptions to arbitration. All representations and warranties undertaken by You shall also survive termination or cancellation of this Agreement and/or Your Pacer Pointer account.
SECTION 6 - ADDITIONAL REPRESENTATIONS AND WARRANTIES In addition to Your other representations and warranties herein, You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against You by a governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against You which relate to alleged intention torts or alleged violation of any consumer protection or advertising laws. If You become the subject of such an investigation, inquiry, prosecution, or lawsuit any time after this Agreement is executed, You are required to notify Pacer Pointer of the same within 24 hours. Pacer Pointer, in its sole and exclusive discretion, may immediately terminate Your participation in the Pacer Pointer Affiliate program,
SECTION 7 - ENTIRE AGREEMENT This Agreement, Appendix A below, along with Pacer Pointer, represents the entire agreement between the Parties and supersedes any other written or oral agreement between the Parties as pertaining to Your Affiliate application and, if approved, Your rights and responsibilities as an Affiliate.
Appendix A
Additional Terms of the Affiliate Agreement and Advertising Rules
These Advertising Rules apply to all activities of the Affiliate:
General Compliance. Affiliate shall publish or otherwise distribute advertisements in strict compliance with all applicable laws and regulations, including, without limitation, laws prohibiting deceptive and misleading advertising and marketing, email marketing laws, data protection laws (including but not limited to the Federal USA data protection law FTC, European Union General Data Protection Regulation, UK Data Protection Act, California Consumer Privacy Act, and Brazilian General Data Protection Regulation), laws governing testimonials, and all guidelines issued UK Data Protection Act. Affiliate is solely responsible for ensuring Affiliate's compliance with all laws www.thereadingwand.com. Affiliate is prohibited from publishing or otherwise distributing advertisements in any form by telemarketing, fax, or text messaging to any device. Affiliates shall not offer monetary incentives, such as reward points, cash, or prizes to Prospects in return for their response to an advertisement. Affiliate may, however, offer Prospects information and materials of tangible value including, but not limited to, website templates, information about e-commerce, website design, and online marketing, for reduced or no charge, but only so long as Affiliate accurately describes and delivers such information and materials to the Prospect.
Disclosure. On any website that Affiliate advertises any Pacer Pointer service or product, Affiliate must plainly display ( ie, not in a link, or in small font) disclaimer language, such as:
Disclosure: I am an independent Pacer Pointer Affiliate, not an employee. I receive referral payments from Pacer Pointer. The opinions expressed here are my own and are not official statements of Pacer Pointer.
Non-Disparagement. Affiliate is not permitted to comment negatively about or disparage the products or services of Pacer Pointer or any other person or entity, including without limitation the products or services of a Pacer Pointer competitor. Affiliate is not permitted to engage in any unlawful or deceptive actions concerning search engine optimization, including, but not limited to, using any technique that generates paid search results based on any trademarks of Pacer Pointer, any brand name of Pacer Pointer, or based on the trademarks or brand name of any competitor of Pacer Pointer, or any other third party. Affiliate shall not directly link to a Pacer Pointer sales page from any paid advertising.
Social Media. If an Affiliate advertises on Instagram, TikTok or YouTube, then each post must comply with all of the following:
Each post must contain @thereadingwand or #thereadingwand.
Each post must contain the #ad in a clear and conspicuous location before the text of the description and in all events before the “More” button.
Each Instagram post must use Instagram's “Paid Partnership” tool.
Each YouTube post must contain the words “Ad,” “Advertisement,” “Promotion,” or “Paid Partnership” within the video itself in a font size that is clearly recognizable to the viewer and which appears persistently throughout the length of the video in the top right-hand portion of the video.
If the Affiliate is advertising on other forms of written social media ( eg, Facebook, Twitter), the Affiliate must comply with the above disclosure restrictions as applicable to each form of social media. Affiliates must also comply with all rules of each social media platform that Affiliate uses.
Income and Business Opportunity Claims. Affiliates are expressly prohibited from making any claims that using Pacer Pointer will guarantee that the user will improve X %. If Affiliate's recruiting efforts include claims related to income the Affiliate has made from using Pacer Pointer or as an Affiliate, the following guidelines must be adhered to:
(a) Affiliate's statements must be completely true and accurate and supported by evidence of Affiliate's experience; and
(b) Affiliate's statements must be accompanied by the following disclaimer in clear and conspicuous font and placement: “These were my results. Your results will vary based on various factors including your education, effort, and market factors. There is no guarantee You will improve 100%.”
Affiliate is also expressly prohibited from making any express or implied claims that Pacer Pointer is or provides a business opportunity, franchise opportunity, a “business-in-a-box,” or an assisted marketing plan.
Pacer Pointer' Trademarks. No logo, tagline, trademark, trade name, or trade dress (collectively, the “Pacer Pointer/The Reading Wand Trademarks”) owned by Pacer Pointer may be used, copied, or reproduced by any Affiliate except as set forth below. No Pacer Pointer intellectual property (or any mark confusingly similar to any Pacer Pointer intellectual property) is to be registered as a trademark in any country or registered as a domain name by the Affiliate in any way in any country.
Subject to the restrictions below, approved Affiliates are granted a limited, revocable, non-transferable, and non-assignable license to use the “Pacer Pointer” to advertise Pacer Pointer online. Any time an Affiliate uses the word “Pacer Pointer”, it must be immediately followed by “®”. Affiliate may not use “Pacer Pointer” or other Pacer Pointer as part of any URL, domain or website name.
Pacer Pointer retains exclusive ownership of all Pacer Pointer and other intellectual property and all of its rights therein. Affiliate shall not promote or provide services to any other business or person that is infringing any of Pacer Pointer's intellectual property.
Complaint Notification. Affiliate must notify Company of any complaint received by Affiliate regarding any advertisements within twenty-four (24) hours of receiving such complaint. Notice should be sent to admin@thereadingwand.com.
Independent Contractor. Affiliates are independent contractors of Pacer Pointer. It is the express understanding and intention of the Parties that no relationship of master and servant nor principal and agent shall exist between Pacer Pointer and You by this Agreement. You have no right to act on behalf of or bind Pacer Pointer in any way, nor share in the profits or losses of Pacer Pointer. The only compensation available to You is set forth in this Agreement. You are solely and exclusively responsible and liable for all of Your acts or omissions.
THERE IS NO WARRANTY AND NO LEADS . Pacer Pointer does not promise, guarantee or warrant Your business’s success, income, or sales. You understand and acknowledge that Pacer Pointer will not at any time provide sales leads or referrals to You. You understand and agree further that this is not a business opportunity, a franchise opportunity, a “business-in-a-box,” or an assisted marketing plan. You are responsible for procuring and paying for any and all materials and resources necessary to operate as an Affiliate as You determine in Your sole discretion.
LIMITATION OF LIABILITY. EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL PACER POINTER OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY , THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY'S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER PACER POINTER HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.
IN NO EVENT SHALL PACER POINTER LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO PACER POINTER FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST PACER POINTER OCCURRED OR TWO-THOUSAND POUNDS (£2,000), WHICHEVER IS GREATER.
DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION, CLASS ACTION WAIVER, & GOVERNING LAW.
As explained in Pacer Pointer Terms of Service, any controversy or claim arising out of or related to this Agreement or Your relationship with us that cannot be resolved through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by UK courts, and judgment on the award rendered may be entered in any court having jurisdiction thereof. The sections of the Terms of Service entitled “DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER,” “PACER POINTER' ADDITIONAL REMEDIES,” and “GOVERNING LAW AND VENUE” are expressly incorporated herein by reference. Please review the Terms of Service for more information.
Indemnity. You agree to protect, defend, indemnify and hold harmless Pacer Pointer, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limitation arising out of Your conduct, acts, or omissions related to Your application and/or performance of this Agreement including, but not limited to, any breach of this Agreement. Your indemnity obligation includes but is not limited to, any third-party claim against Pacer Pointer for liability or payments for damages caused by, or other liability relating to, You. This provision expressly survives the termination of this Agreement.
Severity. In the event any provision of this Agreement is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and the Terms of Service, as modified, shall continue in full force and effect.
Modifications/Amendments. This Agreement and Pacer Pointer standard Terms of Service may be modified by Pacer Pointer at any time, with or without prior notice to You. Amendments or modifications to this Agreement or the Terms of Service will be binding on You when they are sent to You via email or posted in the affiliate centre. No amendment to this Agreement or the Terms of Service shall be valid unless prepared or signed by Pacer Pointer. Your continued acceptance of Commission payments constitutes Your acceptance of any modifications or amendments to this Agreement and the Terms of Service.
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