XPIRIENT AFFILIATE APPLICATION AND AGREEMENT

  1. Authorization and Contract. By executing this Affiliate Agreement (“Agreement”), you apply for legal authorization to become a business owner and enter into a contract with TravalightLLC, hereinafter “Xpirient” or simply the “The Company.” You acknowledge that beforesigning, you have received, read, and understood the Company Policies and Procedures, whichare incorporated into this Affiliate Agreement and made part of it as if restated in full, as postedon www.xpirient.com, and that you have read and agree to all terms set forth in this Agreement.The Company reserves the right to reject any application for any reason within thirty (30) daysof receipt.
  2. Expiration, Renewal, and Termination.The term of this Agreement is one year (subject toprior cancellation or disqualification as provided in the Policies and Procedures). If thisAgreement is canceled or terminated for any reason, you understand that you will permanentlylose all rights as an Affiliate. You shall not be eligible to sell Company Memberships andproducts, nor shall you be eligible to receive royalties, bonuses, or other income resulting fromthe activities of your former downline sales organization. In the event of cancellation,termination, or nonrenewal, you waive all rights you have, including but not limited to propertyrights, to your former downline organization and any bonuses, commissions, or otherremuneration derived through the sales and other activities of your former downlineorganization. Company reserves the right to terminate all Affiliate Agreements upon thirty (30)days’ notice if the Company elects to (1) cease business operations, (2) dissolve as a businessentity, or (3) terminate distribution of its Memberships and Products offerings and products viadirect selling channels. An Affiliate may cancel this Agreement at any time and for any reasonupon written notice to the Company at its principal business address. The company may cancelthis Agreement for any reason upon seven (7) days advance written notice to the Affiliate. Thecompany may also take actions short of terminating the Agreement if the Affiliate breaches anyof its provisions.
  3. Independent Contractor Status. You agree this authorization does not make you an employee,agent, or legal representative of the Company or your Sponsoring Affiliate. As a self-employedindependent contractor, you will operate your own independent business, buying and sellingMemberships and Products available through the Company on your account. You havecomplete freedom in determining the number of hours you will devote to your business andhave the sole discretion of scheduling such hours. You will receive IRS Form 1099-MISCreflecting the amount of income paid to you during the calendar year. It will be your soleresponsibility to account for such income on your individual income tax returns.
  4. Presenting the Compensation Plan. You agree when presenting the Company CompensationPlan to present it in its entirety as outlined in official Company materials, emphasizing thatsales to end consumers are required to receive compensation in the form of bonuses ondownline volume. In presenting the plan to prospects, you agree not to utilize any literature,materials, or aids not produced or specifically authorized in writing by the Company. You agreeto instruct all prospective Affiliates to review the Company Income Disclosure Statement.
  5. Selling the Memberships and Products. You agree to make no representations or claims aboutthe Company Memberships and Products beyond those shown in official Xpirient literature.You further agree to sell Memberships and Products available through the Company only inauthorized territories.
  6. Affiliate Obligations. To begin enrollment, you will complete and submit the onlineapplication at Xpirient.com. The fact that we auto-approve applications does not imply that wemay not re-evaluate your application at a later time. We may reject your application at our solediscretion. We may cancel your participation in the program if we determine that you are inviolation of the Xpirient Policies and Procedures or if you use a website to promote Xpirienttthat is unsuitable for our Program, including if it:
    1. Personal Websites: As an Affiliate, you can promote Xpirient on websites you have designedor managed. However, The Company reserves the right to revoke your Affiliate status andyour ability to promote The Company’s Memberships and Products if your website, or awebsite associated with you explicitly or implied, is unsuitable for our program, including ifit:
      1. Promotes sexually explicit materials.
      2. Promotes violence.
      3. Promotes discrimination based on race, sex, religion, nationality, disability, sexualorientation, or age.
      4. Promotes illegal activities.
      5. Incorporates any materials that infringe or assist others to infringe on any copyright,trademark, or other intellectual property rights or to violate the law.
      6. Includes “Xpirient” or variations or misspellings thereof in its domain name.
      7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing,or racially, ethnically, or otherwise objectionable to us in our sole discretion.
      8. It contains software downloads that enable diversions of commission from otheraffiliates in our program.
      9. You may not create or design your website or any other website that you operate,explicitly or implied, in a manner that resembles our website, nor design your website ina manner that leads customers to believe you are The Company or any other affiliatedbusiness.
    2. As a member of Xpirient’s Affiliate Program, you will have access to Affiliate links to ourvarious Memberships and Products. Xpirient reserves the right, at any time, to review yourplacement, approve the use of Your Links, and require that you change the placement or useto comply with our guidelines.
      1. The maintenance and updating of your site will be your responsibility. We may monitoryour site as necessary to ensure it is up-to-date and notify you of any changes that shouldenhance your performance.
      2. It is your responsibility to follow all applicable intellectual property and other lawspertaining to your site. You must have express permission to use any person’scopyrighted material, whether a writing, an image, or any other copyrightable work. Wewill not be responsible (and you will be solely responsible) if you use another person’scopyrighted material or other intellectual property in violation of the law or any third-party rights
  7. Company’s Proprietary Information and Trade Secrets. You recognize and agree that, asfurther outlined in the Policies and Procedures, information compiled by or maintained byCompany, including Line of Sponsorship (LOS) information (i.e., information that discloses orrelates to all or part of the specific arrangement of sponsorship within the Company businessincluding, without limitation, Affiliate lists, sponsorship trees, and all Company Affiliate information generated therefrom, in its present or future forms), constitutes a commerciallyadvantageous, unique and proprietary trade secret of Company, which it keeps as proprietaryand confidential and treats as a trade secret. During the term of your contract with theCompany, the Company grants you a personal, non-exclusive, non-transferable, and revocableright to use trade secret, confidential, and proprietary business information (ProprietaryInformation), which includes, without limitation, LOS information, business reports,manufacturing and service developments, and Affiliate sales, earnings and other financialreports to facilitate your Company business.
  8. Non-Solicitation Agreement. In accordance with the Policies and Procedures, you agree thatduring the period while you are an Affiliate, and for one (1) calendar year followingresignation, non-renewal, or termination of your business, you will not encourage, solicit, orotherwise attempt to recruit or persuade any other Company Affiliate to compete with thebusiness of Company.
  9. Images / Recordings / Consents. You agree to permit the Company to obtain photographs,videos, and other recorded media of you or your likeness. You acknowledge and agree to allowany such recorded media to be used by the Company for any lawful purpose and withoutcompensation.
  10. Modification of Terms. With the exception of the dispute resolution section in Policies andProcedures, which can only be modified by way of mutual consent, the terms of this Agreementmay be modified as specified in Rule 1 in the Policies and Procedures.
  11. Jurisdiction and Governing Law. The formation, construction, interpretation, andenforceability of your contract with the Company as set forth in this Affiliate Agreement andany incorporated documents shall be governed by and interpreted in all respects under the lawsof the State of Florida without regard to conflict of law provisions.Louisiana residents:notwithstanding the foregoing, Louisiana residents may bring an action against Travalight LLC,with jurisdiction and venue as provided by Louisiana law.
  12. Dispute Resolution. All disputes and claims relating to the Company, its product and serviceofferings, the rights and obligations of an Affiliate and Company, or any other claims or causesof action relating to the performance of either an Affiliate or Company under the Agreement orthe Company Policies and Procedures shall be settled totally and finally by arbitration asenumerated in the Policies and Procedures in Tampa, Florida, or such other location asCompany prescribed, in accordance with the Federal Arbitration Act and the CommercialArbitration Rules of the American Arbitration Association, except that all parties shall beentitled to discovery rights allowed under the Federal Rules of Civil Procedure.Additionally,you agree not to initiate or participate in any class action proceeding against theCompany, whether in a judicial or mediation or arbitration proceeding, and you waive allrights to become a member of any certified class in any lawsuit or proceeding.Thisagreement to arbitrate shall survive any termination or expiration of the Agreement. Nothing inthe Agreement shall prevent the Company from applying to and obtaining from any courthaving jurisdiction a writ of attachment, garnishment, temporary injunction, preliminaryinjunction, permanent injunction, or other equitable relief available to safeguard and protect itsinterest prior to, during or following the filing of any arbitration or other proceeding or pendingthe rendition of a decision or award in connection with any arbitration or other proceeding.
  13. Time Limitation. If an Affiliate wishes to bring an action against the Company for any act oromission relating to or arising from the Agreement, such action must be brought within one (1) year from the date of the alleged conduct giving rise to the cause of action. Affiliate waives allclaims that any other statutes of limitations apply.
  14. Refund Policy.
    1. Membership & Product Purchases. The company offers a fourteen (14) day satisfactionguarantee for Affiliates on purchasing Xpirient Memberships and Products. All subsequentfees are nonrefundable. The digital nature of the service and the immediacy of the benefitsmake any possibility for a longer refund period commercially impractical. Also of note,understand that canceling your Memberships and Products after booking any travel throughsaid Memberships and Products may ultimately cause the cancellation of travel and refundof the cost(s) paid. If Xpirient chooses to make a refund to you, the Company shall not beresponsible for any other expenses incurred by you in connection with the cancellation ofyour booking.
    2. The Xpirient Affiliate Program. Subject to the terms and conditions herein, Xpirient offersa refund guarantee to participants in its Affiliate Program. Should a participant adhere to allprescribed requirements of the Xpirient system—including hosting a “Travel Party” (definedbelow) at their residence and attending at least one (1) of the designated Xpirient live events(Ignition, Xpansion, Velocity, or Breakthrough)—and fails to make a sale within ninety (90)days from the date of enrollment, Xpirient shall refund the entirety of the participant’senrollment fee together with any monthly fees paid for up to three (3) months. Thisguarantee is contingent upon the participant’s full compliance with the Xpirient systemdelineated above. A ‘Travel Party’ is hereby defined as a formal gathering or eventconducted within the primary domicile of the Affiliate, where potential affiliates andmembers are extended an invitation to attend a sales presentation pertaining to Xpirient. It ismandatory for the attendance of at least one individual who is not yet affiliated with or amember of Xpirient, herein referred to as a ‘guest.’ To validate the occurrence of the event,the hosting Affiliate is obliged to capture photographic evidence of the Travel Party, whichmust visibly depict the presence of at least one guest during the Xpirient sales presentation.
      1. Requesting a Refund. An Affiliate who wishes to receive a refund per the terms aboveis obligated to notify Xpirient in writing by sending an email tosupport@xpirient.com.The email should include the Name and Date of the official Xpirient event that theAffiliate attended along with the Date and Time of the Travel Party hosted at theAffiliate’s residence along with an electronic photograph of the Travel Party hosted attheir residence.
  15. Miscellaneous. If any provision of the Agreement is held invalid or unenforceable, suchprovision shall be reformed only to the extent necessary to make it enforceable, and the balanceof the Agreement will remain in full force and effect.This Agreement may be executed in anynumber of counterparts, each of which shall be deemed an original, but all of which togethershall constitute one instrument. The provisions of this Agreement, including all documentsincorporated herein by reference, embody the whole agreement between you and Companyandsupersedes any prior agreements, understandings and obligations between you andCompanyconcerning the subject matter of your contract withCompany.
  16. Notice of Right to Cancel. You may request a refund on your enrollment fee if it’s done withinthree (3) days from the enrollment date. If you cancel, any enrollment fees paid will be returnedwithin TEN (10) BUSINESS DAYS following receipt of your cancellation notice by theCompany. To cancel this transaction, deliver written notice via email tosupport@xpirient.com.
  17. Submission of Electronic W-9.Under penalty of perjury, I certify that (1) the numbersubmitted in the electronic form provided by the Company is my correct taxpayer identificationnumber (or I am waiting for a number to be issued to me), and (2) I am not subject to backupwithholding because (a) I am exempt from backup withholding, or (b) I have not been notifiedby the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of afailure to report all interest or dividends, or (c) the IRS has notified me that I am no longersubject to backup withholding, and(3) I am a U.S. Citizen or other U.S. person.

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