Billions Better and the Billions Better logo are trademarks of Attraxio Company Limited.
We reserve the right to make changes to this Affiliate Agreement at any time and for any reason by posting the most recent version on our website (billionsbetter.com). We will alert you about any changes by updating the “Last Updated” date of this Affiliate Agreement. Any changes or modifications will be effective immediately upon posting the updated Affiliate Agreement on the Site, and you waive the right to receive specific notice of each such change or modification.
You are encouraged to periodically review this Affiliate Agreement to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Affiliate Agreement by your continued use of the Site or the products or services offered through the Site after the date such revised Affiliate Agreement is posted.
As a Billions Better Affiliate, You have the opportunity to earn money from (i) commissions for Billions Better accounts that You sell to other users, and (ii) bonuses when the people you sell to sell to others. This Agreement sets forth Your rights and obligations as a Billions Better Affiliate. By clicking “I Agree” You indicate that You have read and understood this Agreement and You will be bound by its terms.
All references to “Billions Better” herein mean and refer to Attraxio Company Limited, doing business as Billions Better, and Attraxio Company Limited’s owner(s), parent company(ies), affiliate entities, and employees, and assigns. All references to “You” and “Your” mean and refer to that Billions Better Affiliate who has executed this Agreement by clicking “I Agree.” Billions Better and You are each referred to herein as a “Party,” and collectively as the “Parties.”
You are an independent contractor of Billions Better. It is the express understanding and intention of the Parties that no relationship of master and servant or principal and agent shall exist between Billions Better and You by virtue of this Affiliate Agreement.
TERM AND TERMINATION
Your contract with Billions Better begins when You click “I Agree,” and will continue month-to-month until either:
A. Billions Better cancels Your account due to Your breach of any of the terms of this Agreement. In the event this Agreement is cancelled due to Your breach, You forfeit all Commissions and Bonuses owed to You or that may in the future be owed to You.
B. Billions Better or its successors or assigns, in its sole and absolute discretion, cancels Your Affiliate Agreement. In the event that Billions Better or its successors or assigns cancels Your Affiliate Agreements, You will first receive thirty (30) days’ written notice, sent to the e-mail address you provided Billions Better and that is associated with your Affiliate profile.
A. COMMISSIONS. After You click “I Agree” to the terms of this Agreement, You will receive a unique Affiliate URL, which You will use to advertise Billions Better. When another person (a “Prospect”) clicks through that URL, a cookie (or similar tracking technology (hereinafter “Cookie”)) will be set in the Prospect’s browser. When the Prospect creates a Billions Better account by using Your Affiliate Link, the Cookie on the Prospect’s browser, corresponding to Your unique URL, registers a “Sale,” and each such account is a “Sold Account.” In the event that a Prospect has multiple Affiliate Cookies, the most recently-acquired Cookie will determine which Affiliate is credited with a Sale. The Commission amount is a percentage of all fees received by Billions Better for a Sold Account, depending on the product or service, within a month. Commission payments will be made to You on or before forty-five (45) days following Billions Better’s receipt of payment for a Sold Account, subject to the other terms set forth herein.
B. BONUSES. Each person that creates a Billions Better account through one of Your Sold Accounts is Your “Legacy Sale,” and each such account is a “Legacy Account.” You will be paid a bonus for each Legacy Account that generates a minimum payment of $297.00 to Billions Better in a month. The Bonus amount is a percentage of all fees received by Billions Better for a Legacy Account, depending on the product or service, within a month. Bonus payments will be made to You on or before forty-five (45) days following Billions Better’s receipt of payment for a Legacy Account, subject to the other terms set forth herein
C. TAXES. Before You can be paid any Commission or Bonuses, You must provide Billions Better a completed W-8 or W-9, as instructed by Billions Better. You will be deemed to have permanently waived all rights to Commissions or Bonuses that were earned more than 120 days before submitting a completed W-8 or W-9 to Billions Better. You are responsible for any and all tax liabilities, including without limitation income tax liabilities that arise from or in any way relate to any commissions or bonuses You receive from Billions Better. If You are not a resident of the United States, Billions Better may withhold tax (including without limitation VAT) where required to by applicable law. Where Billions Better is required to withhold tax, Billions Better will document such withholding.
D. MINIMUM COMMISSION AND BONUS PAYMENT. Your combined commission and bonus amount must equal or exceed Fifty Dollars ($50.00) before You receive a payment from Billions Better. If Your combined commissions and bonuses for a given month are less than $50.00, Your commissions and bonuses will be held until Your combined commissions and bonuses equals or exceeds $50.00.
E. COMMISSION AND BONUSES PAID FOLLOWING LEGITIMATE SALE. Commissions and Bonuses are paid only for transactions that actually occur between Billions Better and a Sale or a Legacy Sale. If the transaction does not actually occur, or if payment from a Sale or Legacy Sale is not actually received by Billions Better, You will not paid a Commission or Bonus on the transaction. If payment for a Sold Account or a Legacy Account later results in a refund or charge-back, and if a commission or bonus was paid to You for that Sold Account or Legacy Account payment, then the commission or bonus will be deducted from Your future commissions. If Billions Better determines, in its reasonable discretion, that any Sale or Legacy Sale was procured fraudulently or as a result of any violation of this Agreement, no Commission or Bonus will be paid for such Sale or Legacy Sale. If any Commissions or Bonuses are paid for a Sale or Legacy Sale that was produced fraudulently or as a result of any violation of this Agreement, and the fraud or violation is discovered by Billions Better after payment, such payment amounts shall be deducted from Your future commissions and bonuses.
F. U.S. DOLLARS. All commissions are paid in US Dollars via PayPal.
MARKETING AND RECRUITING
A. TRUTHFUL. Anything You communicate in marketing or advertising any Billions Better service or opportunity must be true and accurate. Claims that relate to any Billions Better service or opportunity that are untrue or fraudulent are strictly prohibited. You may not claim that any government, person, or entity endorses or supports Billions Better. You may not use the intellectual property of any other person or entity in advertising any Billions Better service or opportunity.
B. DISCLAIMER. On any website that You advertise any Billions Better service or opportunity, You must plainly display (i.e., not in a link, or in small font) the following disclaimer language:
Disclosure: I am an independent Billions Better Affiliate, not an employee. I receive referral payments from Billions Better. The opinions expressed here are my own and are not official statements of Billions Better or its parent company, Attraxio Company Limited.
C. NON-DISPARAGEMENT. You are not permitted to disparage the products of services of any other person or entity, including without limitation the products or services of a competitor of Billions Better.
D. INVENTORY LOADING/REBATES. You will not be paid any Commission or Bonus for payments made on your own User Account(s). You are not permitted to open a Billions Better account under the name of another person or entity, or under a fictitious name. You are not permitted to open a Billions Better account under any name merely for the purpose of obtaining Commissions, Bonuses, or any other compensation, including without limitation incentives or prizes which may be offered from time to time. You may not pay for another person’s account. You are not permitted to offer cash rebates or other monetary incentives to actual or potential Sales or Legacy Sales. Violation of this paragraph shall constitute a material breach of this Agreement, and You agree to repay to Billions Better all Commissions and Bonuses earned as a result of any such violation.
E. INCOME CLAIMS. If Your recruiting efforts include claims related to the potential income a Billions Better Affiliate can make, or if You make reference to income You have made, or if You make reference to any lifestyle opportunities You have because of Billions Better, the following guidelines must be adhered to:
1. Your statements must be completely true and accurate and supported by evidence;
2. If You use a hypothetical scenario, You must clearly label it as a hypothetical scenario; and
3. Your statements must be accompanied by the Billions Better income disclosure statement.
No logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information (collectively, the “Billions Better Intellectual Property”) owned by Billions Better may be used, copied, or reproduced by You except as set forth below. No Billions Better Intellectual Property (or any mark confusingly similar to any Billions Better Intellectual Property) is to be advertised for sale or registered as a domain name by You in any fashion.
You may use the Billions Better™️ mark to advertise Billions Better. Any time You use the Billions Better™️ mark, You must do so in a way that is not likely to confuse readers or cause them to think that You are speaking for Billions Better. Whether Your use of Billions Better™️ is confusing will be determined by Billions Better in Billions Better’s sole and absolute discretion. The following guidelines, which may be changed or added to at any time, are designed to help avoid reader confusion:
- You must not use the “voice” of, or purport to speak on behalf of, Billions Better.
- Any time You use the word “Billions Better” it must be immediately followed by the letters “TM” in superscript caps.
- When used in prose, Billions Better™️ must be used in the same font as the rest of the prose.
- When used other than in prose, Billions Better™️ must be used in the font employed by Billions Better’s corporate marketing in Billions Better’s corporate logo.
- On any website or social media platform on which You use the word Billions Better™️, you must include the disclosure identified in paragraph 5(D) above.
- You may use only such other images, photographs, and trademarks as Billions Better expressly authorizes in writing.
- If you have any questions regarding your use of any Billions Better mark, please contact: firstname.lastname@example.org
RELEASE/AUTHORIZATION TO USE PHOTOGRAPHS
You grant Billions Better permission to use any and all photographs taken by Billions Better or its agents or employees, or submitted by You to Billions Better (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of Billions Better or any product or service sold and marketed by Billions Better. You agree that this authorization to use Photographs may be assigned by Billions Better to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in Billions Better’s sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against Billions Better in exchange for this Release and Assignment. You hereby release and forever discharge Billions Better from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.
Billions Better has the right to terminate this Agreement at any time if You engage or have ever engaged in any of the following:
A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to Billions Better’s reputation; and the violation of the rights of Billions Better or any third party.
B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to Billions Better’s reputation and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
C. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.
You agree to protect, defend, indemnify and hold harmless Billions Better, 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 limit arising out of the Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against Billions Better for liability for payments for, damages caused by, or other liability relating to, You.
NO WARRANTY; NO LEADS
Billions Better does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that Billions Better will not at any time provide sales leads or referrals to You. Additionally, Billions Better’s WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Billions Better MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY Billions Better WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. Billions Better MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY Billions Better WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY Billions Better WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY Billions Better’s WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY Billions Better’s WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU AGREE THAT IN NO EVENT SHALL Billions Better’s LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE COMMISSIONS AND BONUS PAYMENTS PAID TO YOU FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST Billions Better OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
Billions Better will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of Billions Better. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. Billions Better shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
Billions Better may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without Billions Better’s or its assigns express written consent.
ARBITRATION, GOVERNING LAW, AND ATTORNEYS’ FEES
A. ARBITRATION. Any claim or grievance of any kind, nature or description that You have against Billions Better including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Ada County, Idaho. You agree not to file suit against Billions Better or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and Billions Better. In the event that You and Billions Better are unable to reach agreement on an Arbitrator, You and Billions Better will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Ada County, Idaho. The arbitrators selected by You and Billions Better will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on You and Billions Better and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.
B. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Idaho without regard to any choice of law provisions.
C. WAIVER OF CLASS ACTION CLAIMS. You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against Billions Better to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against Billions Better may not be joined or consolidated with claims brought by anyone else.
D. LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
E. INJUNCTIVE RELIEF. Nothing in this Agreement prevents Billions Better from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect Billions Better’s rights prior to, during, or following any arbitration proceeding.
F. ATTORNEYS’ FEES. You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either Your or Billions Better commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.
This Agreement, along with Billions Better’s standard Terms and Conditions represents the entire agreement between the Parties and supersede any other written or oral agreement between the Parties as pertaining to Your rights and responsibilities as a Billions Better Affiliate.
This Agreement and Billions Better’s standard Terms and Conditions may be modified by Billions Better at any time, with or without prior notice to You. Amendments or Modifications to this Agreement or the Terms and Conditions will be binding on You when they are sent to You via e-mail, or are posted in the affiliate center. No amendment to this Agreement or the Terms and Conditions shall be valid unless authored or signed by Billions Better. Your continued acceptance of Commission or Bonus payments constitutes Your acceptance to any modifications or amendments to this Agreement.
No waiver by Billions Better of any right reserved or granted to Billions Better under this Agreement shall be effective unless the waiver is in writing and signed by an authorized representative of Billions Better.
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 and Conditions, as so modified, shall continue in full force and effect.
Billions Better will send notices to You at the e-mail address You provided to Billions Better. Any notices shall be deemed delivered to You when sent by Billions Better. You are solely responsible for addressing any technical failures related to Your e-mail address or server, and for reading any e-mail sent to You.
Any notice required to be given to Billions Better under or related to this Agreement shall be in writing to the contact information as follows:
If you have questions or comments about this Affiliate Agreement, please contact us by email via email@example.com or by regular mail at
Attraxio Company Limited
attn. Billions Better Brand
The Offices at Centralworld
999/9 Rama 1 Road, 29th Floor
Bangkok 10330, Thailand
This Affiliate Agreement was last updated on September 15th 2018. For the most recent applicable version, please visit our website at billionsbetter.com.
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