AFFILIATE REVENUE SHARING - BUSINESS AGREEMENT
AGREEMENT made by and between THE Wellfitness LLC. AFFILIATE BUSINESS PARTNER PROGRAM, a Florida corporation and Pascale, a Florida _____ company.
RECITALS
- Wellfitness LLC and its affiliate, Wellfitness LLC. Business Partner Program, ("Wellfitness") operate a website called www.wellfitnessinc.com ("the Website") and Wellfitness desires to offer third-party independent contractors the opportunity to benefit from its Website platform subject to the terms and conditions set forth herein;
- Pascale, through its principal, Pascale, operates a personal fitness and yoga instruction business with an international following in the Miami area, and desires to affiliate with Wellfitness and the Website subject to the terms and conditions set forth herein.
NOW THEREFORE for good and valuable consideration, the receipt of which is hereby acknowledged, Wellfitness and Pascale agree as follows:
Wellfitness shall permit Pascale to engage in its "Affiliate Business Partner Program" by permitting Pascale to post its business logo, a link to the www.pierfitusa.com website and it's service/product prices.
1. Terms of General Concept.
All business partner prices shall at no times during the agreement fall below the posted price or specials offered by Wellfitness, LLC. for the Business partner which has been agreed on by Wellfitness and the affiliate.
- If Pascale elects, Wellfitness shall provide Pascale with an 866 number, and extension and voice mail at additional cost to affiliate, Clients and customers who book the services of Pascale through the Wellfitness, LLC. Website shall book by credit card. No other form of E-commerce is permitted.
- Wellfitness shall retain twenty five (25%) percent of the amount so charged and shall remit seventy five (75%) percent of the amount charged directly to Pascale within three (5-7) business days. Pascale shall not be an independent contractor to Wellfitness, LLC. and Wellfitness shall not make any subtractions from the seventy five (75%) percent remitted to Pascale.
- All affiliates conducting one on one personal training must participate in Wellfitness LLC. Monthly mandatory Bootcamp and pass with a 95% scoring, on all parts taken.
2. Terms of Affiliate Payouts
- Qualified Bonus.
There will be a 5% increase and the payout to affiliates which will bring affiliate percentage to 80% and drop Wellfitness percentage down to 20%, if the affiliate for three consecutive months, Reaches his or her goal of $2000 per month. Affiliates monthly dues will be waived along with this accomplishment.
- Minimum Requirement
The affiliate must continue to reach his or her monthly goal in order to maintain the 80% 20% split with Wellfitness, LLC. If the affiliate falls below the goal of $2000 per month for three consecutive months the affiliates percentage will drop to 75% of payout and Wellfitness percentage will increase 5% up to 25%.
- Acceleration Bonus Option.
The affiliate may bypass the 90 day start up and can receive the automatic 5% increase by having the Affiliate’s trainers pass the mandatory Boot Camp prior to the 90 day probation period.
3. Admin Cost
That affiliate is responsible for the cost of all digital marketing and brochures. The affiliate will also be responsible for all materials associated with spa and fitness services.
4. Independent Contractor.
Pascale shall not be deemed employees of Wellfitness, and therefore shall be responsible for all income taxes, withholdings, workers' compensation, insurance and social security tax on its seventy-five (75%) percent portion. Wellfitness shall be responsible for all taxes, and withholdings on its twenty-five (25%) percent portion. Pascale cannot bind Wellfitness and Wellfitness cannot bind Pascale. Pascale is free to accept or reject any customer or potential customer which books through the Website, and if a customer is rejected, Pascale shall refund the unused portion of the fee collected, if any. All Affiliates offering Personal Training One on One service must take the mandatory trainer monthly Bootcamp on a monthly bases and pass each monthly Bootcamp with 95% scoring.
5. Marketing and branding
Affiliates Will be responsible for marketing and branding their own product, if an affiliate is a spa and fitness management company acquiring or occupying a location that is contracted to Wellfitness. All affiliate marketing material must include the Wellfitness logo and contact information of Wellfitness, All affiliate marketing material placed in these facilities or any email blasts going out to residence or clients customers of these facility. Must be approved by Wellfitness before such material can be distributed.
6. Term Length of Agreement.
This Agreement shall last for ninety (90) days and shall thereafter automatically renew every thirty (30) days unless either party provides thirty (30) days' notice to the other party of its termination. At the expiration of this Agreement, the parties shall have ten (10) days to reconcile their accounts, if any, and thereafter neither party shall be obligated to the other for fee sharing.
7. No Exclusivity.
Pascale has an existing and established business with clientele and nothing in this Agreement shall alter Pascale's relationship with its existing clients and other new clients that it obtains from sources other than the Website and Wellfitness Communities. Likewise, Wellfitness is permitted to allow other independent contractors with competitive businesses to become business partners also.
8. Amendment.
No oral amendments or modifications shall be permitted. This Agreement may be amended only in a writing signed and dated by both parties.
9. Governing Law.
This Agreement shall be governed by the law of the State of Florida.
Upon agreeing to these terms, you will be subject to a registration fee of $.
Your Tax EIN is: xxxx
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