Best Educators, LLC - GunzelFamilyBrands.com

Affiliate Agreement

Last Updated on March 3rd, 2022

Gunzel Family Brands may offer you an opportunity to become an independent Gunzel Family
Brands Affiliate (“Affiliate”), wherein you have the opportunity to earn additional money for
Gunzel Family Brands products, services, and accounts that you sell. Gunzel Family Brands
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 Gunzel Family Brands 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, Gunzel Family Brands’ Affiliate program. By clicking “I Accept the Terms and
Conditions” and submit, You thereby 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 “Gunzel Family Brands” herein means and refers to
Best Educators LLC, doing business as Gunzel Family Brands. All references to “You” and
“Your” mean and refer to the person or entity who has executed this Agreement. Gunzel Family
Brands 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 support@GunzelFamilyBrands.com.

SECTION 2 - APPLICATION You agree to provide all information requested by Gunzel
Family Brands in connection with Your Affiliate application, and You affirm that all information
that You provide is truthful and accurate. You understand and agree that Gunzel Family Brands
retains sole and exclusive discretion to determine whether You qualify for participation in
Gunzel Family Brands’ Affiliate program. Not everyone who applies for Gunzel Family Brands’
Affiliate program will qualify to participate.

SECTION 3 - CONSENT TO BE CONTACTED You expressly consent to be contacted at
the email address and the phone number You provide in Your application about Your application
and the Affiliate program, including through automated dialing systems, texts and artificial or
pre-recorded messages, whether by Gunzel Family Brands or a third-party on behalf of Gunzel
Family Brands. 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
Gunzel Family Brands, You will receive a unique Affiliate ID. The Affiliate ID will be
incorporated within each URL which You will use to advertise Gunzel Family Brands. You will
have the opportunity to receive a commission for each sale (“Sale”) that is registered using Your
Affiliate ID.

In the event that a prospect (“Prospect”) has multiple Affiliate cookies (“Cookies”), the most
recently-acquired Cookie will determine which Affiliate is credited with a Sale. There are some
products and services sold that do not have trial periods.

Provided that the Sold Account (as defined below) remains in good status within thirty (30) days
from the Sale, You will be paid a commission for each Sold Account that generates a payment to
Gunzel Family Brands in a month (“Commission”). Except as otherwise provided herein,
Commission payments will be paid on the 1st and 15th of each month following Gunzel Family
Brands’ receipt of payment for a Sold Account, subject to the other terms of this Agreement. In
the event the 1st or 15th 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 Gunzel Family Brands, less sales taxes and processing fees.

Whether or not You apply and are accepted as an Affiliate, if You are a Gunzel Family Brands’
user who chooses to display a “made with Gunzel Family Brands” badge on the bottom of Your
funnel, You will have the opportunity to receive a commission (the “Badge Commission”) once
all of the following conditions are met:

(i) a Prospect creates a Gunzel Family Brands account or purchases a Gunzel Family Brands
product or service using Your Badge Affiliate Link,

(ii) the fourteen (14) day trial period expires (when applicable,)

(iii) the Prospect makes payment that is not rejected or disputed, and

(iv) a Sale is registered (each such account is a “Sold Account.”)

The amount of Commissions are as follows:

Standard Commission: 10% (applicable to anyone); 
Power Affiliate: 20% Commission after 20 successful S2S Enrollments using your affiliate ID.
Super Affiliate: 40% Commission on Stories To Success Offers after 40 successful S2S Enrollments using your affiliate ID.

*Initial approval into the Gunzel Family Brands’ Affiliate Program grants you access to
promote select front-end offerings (the Standard Affiliate). You will receive up to 10%
Commission on these offerings. 

After you have enrolled 20 Stories To Success Members, you
will be eligible to apply for “Power Affiliate”, a program whereby you can promote front-end
offerings as well as additional services, such as the Gunzel Family Brands S2S Matermind.
Open affiliates who demonstrate exemplary compliance with all terms of this Agreement and
who also maintain 40 unique Gunzel Family Brands paid user accounts (Gunzel Family
Brands accounts must be sold at $2997 or above) may qualify for “Qualified Affiliate” status,
which determination shall be in Gunzel Family Brands’ sole and exclusive discretion. For
avoidance of doubt, an Affiliate can receive both Badge Commission and Affiliate
Commissions simultaneously.

All Commissions and Bonuses are paid in U.S. Dollars (USD) or otherwise in currencies offered
by the payment provider. Some payment methods may incur processing fees that may be
deducted from Your Commissions or Bonus payment. Your combined Commission and Bonus
must equal or exceed One Hundred and 00/100 Dollars ($100.00) (USD) before You receive a
payment from Gunzel Family Brands. If Your combined Commissions and Legacy Bonuses in a
120-day period do not exceed $100.00 (USD) Your Commissions will not be paid and will be
forfeited by You to Gunzel Family Brands.

Once a Commission of $100 (USD) 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 or
Legacy Bonus, You must provide Gunzel Family Brands a completed W-8 or W-9 tax form, as
instructed by Gunzel Family Brands, as well as any supporting documentation requested by
Gunzel Family Brands or its third-party payment provider. 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 tax form or any ancillary supporting documentation
that is requested to confirm the information on your tax form. If You are not a resident of the
United States, Gunzel Family Brands may withhold 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).
Affiliates will not be paid any Commissions or Bonuses for payments made on Affiliate’s own
user account(s). Affiliates are not permitted to open a Gunzel Family Brands account under the
name of another person or entity, under a fictitious name, or under any name merely for the
purpose of obtaining Commissions, Bonuses or any other compensation. Affiliates may not pay
for another person’s or entity’s account. Affiliates are not permitted to offer cash rebates or other
monetary incentives to obtain Sales.

Commissions and Bonuses are paid only for transactions that actually occur between Gunzel
Family Brands and a Sale and in which payment is received by Gunzel Family Brands. If
payment for a Sold Account later results in a refund or chargeback, 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 and/or Bonuses.
If Gunzel Family Brands 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 or Bonus will be paid for such Sale and, for past sales, such payment amounts shall
be deducted from Your future Commissions and Bonuses, and Gunzel Family Brands may
terminate this Agreement immediately, without notice, and without Gunzel Family Brands 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 Gunzel Family
Brands 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 Gunzel Family Brands or otherwise,
Gunzel Family Brands 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 purposes of the foregoing, 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 canceled due to Your breach, You
immediately forfeit all Commissions, Bonuses, and any other payments owed to You or that may
in the future be owed to You without any further liability by Gunzel Family Brands to You. This
Agreement will terminate automatically if You earn no (zero) Commissions over a 12
month period.

If this Agreement is terminated or canceled, 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 Gunzel Family
Brands 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 the
Federal Trade Commission (“FTC”), any other federal or state governmental agency, or any
industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits
against You which relate to alleged intentional 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
Gunzel Family Brands of the same within 24 hours. Gunzel Family Brands, in its sole and
exclusive discretion, may immediately terminate Your participation in Gunzel Family Brands’
Affiliate program, as well as immediately terminate this Agreement, based on any investigation,
proceeding, or lawsuit identified pursuant to this paragraph.

SECTION 7 - ENTIRE AGREEMENT This Agreement, Appendix A below, along with
Gunzel Family Brands’ standard Terms of Service, 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 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 (including the federal CAN-SPAM Act (15 U.S.C. § 7701)),
data protection laws (including but not limited to the European Union General Data
Protection Regulation, U.K. Data Protection Act, California Consumer Privacy Act,
and Brazilian General Data Protection Regulation), laws governing testimonials
(including the FTC’s Revised Endorsements and Testimonials Guides (16 CFR Part
255 of the Code of Federal Regulations)), and all guidelines issued by the FTC.
Affiliate is solely responsible for ensuring Affiliate’s compliance with all laws.
Affiliates are strictly prohibited from making claims concerning the products and
services offered by Gunzel Family Brands that are inconsistent with, or beyond the
scope of marketing materials produced and made available by Gunzel Family Brands
on Gunzel Family Brands website, www.GunzelFamilyBrands.com. Affiliate is
prohibited from publishing or otherwise distributing advertisements by telemarketing,
fax, or text messaging in any form to any device. Affiliate shall not offer monetary
incentives, such as rewards 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. Gunzel Family Brands retains the sole and
exclusive discretion to determine whether Affiliate’s advertising and conduct is in
compliance with all laws (but Gunzel Family Brands shall not be required to advise
Affiliates on such matters).

Disclosure. On any website that Affiliate advertises any Gunzel Family Brands
service or product, Affiliate must plainly display (i.e., not in a link, or in small font)
disclaimer language, such as:

Disclosure: I am an independent Gunzel Family Brands Affiliate, not an employee. I receive
referral payments from Gunzel Family Brands. The opinions expressed here are my own and
are not official statements of Gunzel Family Brands or its parent company, Best Educators
LLC.

Non-Disparagement. Affiliate is not permitted to comment negatively about or
disparage the products or services of Gunzel Family Brands or any other person or
entity, including without limitation the products or services of a Gunzel Family
Brands competitor. Affiliate is not permitted to engage in any unlawful or deceptive
actions with respect to search engine optimization, including, but not limited to, using
any technique that generates paid search results based on any trademarks of Gunzel
Family Brands, any brand name of Gunzel Family Brands, or based on the trademarks
or brand name of any competitor of Gunzel Family Brands, or any other third party.
Affiliate shall not direct link to a Gunzel Family Brands’ sales page from any paid
advertising.

Social Media. If Affiliate advertises on Instagram or YouTube, then each post must
comply with all of the following:

Each post must contain @GunzelFamilyBrands or
#GunzelFamilyBrands.

Each post must contain #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 word “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 Affiliate is advertising on other forms of written social media (e.g., Facebook, Twitter),
Affiliate must comply with the above disclosure restrictions as applicable to each form of
social media. Affiliate 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 use of Gunzel Family Brands will guarantee that the user will
make money. If Affiliate’s recruiting efforts include claims related to income
Affiliate has made from using Gunzel Family Brands 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 a variety of factors including Your education, effort, and market factors. There is no
guarantee You will make any money.”

Affiliate is also expressly prohibited from making any express or implied claims that Gunzel
Family Brands is or provides a business opportunity, franchise opportunity, a
“business-in-a-box,” or an assisted marketing plan.

Gunzel Family Brands’ Trademarks. No logo, tagline, trademark, trade name, or
trade dress (collectively, the “Gunzel Family Brands Trademarks”) owned by Gunzel
Family Brands may be used, copied, or reproduced by any Affiliate except as set forth
below. No Gunzel Family Brands intellectual property (or any mark confusingly
similar to any Gunzel Family Brands intellectual property) is to be registered as a
trademark in any country or registered as a domain name by Affiliate in any way in
any country.

Subject to the restrictions below, approved Affiliates are granted a limited, revocable,
non-transferrable, and non-assignable license to use the “Gunzel Family Brands®”
trademark, to advertise Gunzel Family Brands online. Any time Affiliate uses the word
“Gunzel Family Brands” it must be immediately followed by “®”. Affiliate may not use
“Gunzel Family Brands” or other Gunzel Family Brands’ trademarks as part of any URL,
domain or website name.

Gunzel Family Brands retains exclusive ownership of all Gunzel Family Brands’ Trademarks
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 Gunzel Family
Brands’ 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 support@GunzelFamilyBrands.com.
Independent Contractor. Affiliates are independent contractors of Gunzel Family
Brands. It is the express understanding and intention of the Parties that no relationship
of master and servant nor principal and agent shall exist between Gunzel Family
Brands and You by virtue of this Agreement. You have no right to act on behalf of or
bind Gunzel Family Brands in any way, nor share in the profits or losses of Gunzel
Family Brands. 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.

NO WARRANTY; NO LEADS. Gunzel Family Brands does not promise, guarantee
or warrant Your business success, income, or sales. You understand and acknowledge
that Gunzel Family Brands 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 Gunzel Family Brands 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
Gunzel Family Brands 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 Gunzel Family Brands’ LIABILITY TO YOU OR YOUR
BUSINESS EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY
YOU TO Gunzel Family Brands FOR THE MONTH PRECEDING THE DATE IN WHICH
THE FACTS GIVING RISE TO A CLAIM AGAINST Gunzel Family Brands OCCURRED
OR TWO-THOUSAND DOLLARS ($2,000), WHICHEVER IS GREATER.
DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION, CLASS
ACTION WAIVER, & GOVERNING LAW.

As explained in Gunzel Family Brands’ 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 the American Arbitration Association (“AAA”), 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,” “Gunzel Family Brands’
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 Gunzel
Family Brands, 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 Gunzel Family Brands for liability or
payments for damages caused by, or other liability relating to, You. This provision
expressly survives the termination of this Agreement.

Severability. 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 so modified, shall continue in full force and
effect.

Modification/Amendments. This Agreement and Gunzel Family Brands’ standard
Terms of Service may be modified by Gunzel Family Brands 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 are
posted in the affiliate center. No amendment to this Agreement or the Terms of
Service shall be valid unless prepared or signed by Gunzel Family Brands. Your
continued acceptance of Commission or Legacy Bonus payments constitutes Your
acceptance to any modifications or amendments to this Agreement and the Terms of
Service.

Copyright 2022 - Gunzel Family Brands - All Rights Reserved
Copyright Best Educators LLC | Gunzel Family Brands |  ©2020 | All Rights Reserved