Welcome to the Sierra Division Academy Affiliate Program. This Affiliate Program Terms of Use agreement (“Agreement”) is entered into by and between Sierra Division, Inc., a Delaware corporation (“Company”, “Sierra Division”, “we”, “us”, or “our”), and you (“Affiliate”, “you”, or “your”).

Please read this Agreement carefully. By registering for, applying to, or participating in the Sierra Division Academy Affiliate Program (“Program”), you agree to be bound by all terms and conditions set forth herein.

1. LEGAL ENTITY & PROGRAM RELATIONSHIP

• Corporate Entity: All business operations, contracting, financial processing, and legal obligations under this Program are conducted exclusively by Sierra Division, Inc.
• Program Name: “Sierra Division Academy” (accessible via https://academy.sierradivision.com) is an online educational platform, website, and brand name fully owned and operated by Sierra Division, Inc.

2. DEFINITIONS

To ensure clarity throughout this Agreement, the following terms are defined as follows:

• “Affiliate Link” means a unique tracking URL provided by Sierra Division, Inc. to an approved Affiliate, used to direct prospective customers to the Sierra Division Academy website.
• “Commission” means the financial remuneration earned by an Affiliate for generating a Qualifying Sale, calculated as a percentage of net revenue collected by the Company.
• “Eligible Products” means online courses, mentorships, and any future digital media, video content, or membership plans explicitly designated as commissionable by Sierra Division, Inc.
• “Qualifying Sale” means a completed, fully paid, non-refunded purchase of an Eligible Product on the Sierra Division Academy website by a customer who reached the site via a valid Affiliate Link while an unexpired Tracking Cookie was active on their web browser.
• “Tracking Cookie” (or “Cookie”) means a small piece of data placed on a prospective customer’s web browser when they click an Affiliate Link. The Cookie stores attribution data for up to thirty (30) calendar days to attribute subsequent Qualifying Sales to the corresponding Affiliate.

3. APPLICATION APPROVAL & ELIGIBILITY

Sierra Division, Inc. reserves the right to approve, reject, or revoke any Program application at its sole and absolute discretion. You have no legal recourse against us for application denial or rejection. To participate, you must be at least 18 years of age (or the legal age of majority in your jurisdiction) and capable of entering into legally binding contracts.

4. COOKIE TRACKING, ATTRIBUTION & SCOPE OF SALE

• 30-Day Last-Click Cookie: Commissions are tracked using a 30-day “last-click” Tracking Cookie. The customer must complete a purchase within thirty (30) calendar days from the time they last clicked your Affiliate Link.
• Single Transaction Scope: A Qualifying Sale applies exclusively to transactions executed within the active 30-day Tracking Cookie window.
• Subsequent Purchases: Purchases made after the 30-day Cookie expires, or separate purchases made directly without clicking your active Affiliate Link, will not be attributed to you. For an Affiliate to earn commissions on future or additional courses/mentorships, the customer must navigate to the site via an active Affiliate Link prior to checkout.
• Open Customer Base: Qualifying Sales do not require brand-new customers. Purchases made by existing Sierra Division Academy account holders qualify for commissions provided an active Affiliate Link initiated the session.

5. COMMISSION STRUCTURE, PAYOUT DATES & FEES

• Commission Rate: Affiliates earn a 5% commission on the net revenue (gross sales price minus discounts, refunds, and applicable sales taxes) of each Qualifying Sale.
• Quarterly Payout Schedule: Commissions are calculated and distributed four times per calendar year on the following fixed schedule:
  • April 15th Payout: Covers all cleared Qualifying Sales accumulated between January 1st and March 31st.
  • July 15th Payout: Covers all cleared Qualifying Sales accumulated between April 1st and June 30th.
  • October 15th Payout: Covers all cleared Qualifying Sales accumulated between July 1st and September 30th.
  • January 15th Payout: Covers all cleared Qualifying Sales accumulated between October 1st and December 31st.
• Standard Minimum Threshold ($100.00 USD):
  • The standard minimum payout threshold is $100.00 USD.
  • If your cleared commission balance is $100.00 USD or greater on a scheduled payout date, Sierra Division, Inc. will process your payment via Stripe and cover all associated Stripe payment processing and transfer fees.
  • Balances under $100.00 USD automatically roll forward to the next quarterly payout cycle.
  • Balances dormant for over 24 consecutive months with no response to our inquiries may be assessed a monthly account maintenance fee of $15 continually applied to any remaining balance. Upon a $0 balance, the account will be closed
• 12-Month Inactivity & Micro-Balance Cashout Clause:
  • If your account balance remains below $100.00 USD for twelve (12) consecutive months, you may submit a written request to receive a manual cashout of your accrued balance.
  • Fee Deduction: For manual cashouts below the $100.00 USD threshold, all applicable Stripe transaction and processing fees will be deducted directly from your payout balance.
• Tax Documentation: You are an independent contractor responsible for all applicable local, state, and federal taxes. You must provide valid tax documentation (W-9 for US residents or W-8BEN for non-US residents) prior to receiving funds. Sierra Division, Inc. will issue IRS Form 1099-NEC when required by law.

6. NON-COMMISSIONABLE TRANSACTIONS, REFUNDS & REVERSALS

• Non-Commissionable Events: Self-referrals (purchasing products using your own affiliate link), fraudulent transactions, test purchases, credit card chargebacks, payment disputes, and refunded purchases are strictly non-commissionable.
• Reversal Rights: Sierra Division, Inc. reserves the right to reverse, adjust, or withhold any commissions associated with non-commissionable events, fraudulent activity, or suspected affiliate abuse.
• 31-Day Hold Window: All sales are subject to a minimum 31-day hold period to clear customer refund policies before commissions formally become payable.
• Post-Payout Reversals & Negative Balances: If a credit card chargeback, payment dispute, or fraudulent refund occurs on a sale for which a Commission was already paid to you, Sierra Division, Inc. reserves the right to deduct the equivalent Commission amount from your future earnings. If no future earnings occur within sixty (60) days, you agree to reimburse Sierra Division, Inc. for the negative balance upon written request.

7. BRANDING STANDARDS & CONDITIONAL LIMITED LICENSE

• Brand Assets Policy: You must strictly follow all branding requirements, logo usage guidelines, and marketing standards published on our official page: Sierra Division Brand Assets.
• Conditional Limited License: Subject to strict compliance with this Agreement, Sierra Division, Inc. grants you a limited, revocable, non-exclusive, non-transferable, royalty-free license to display our logos, banners, and marketing copy solely and exclusively while actively participating in good standing in the Affiliate Program. This license is strictly contingent upon your active, compliant participation and automatically self-terminates upon account suspension, voluntary withdrawal, or contract termination.
• Correction & Revocation: If you violate our branding guidelines, Sierra Division, Inc. will issue a written notice requesting immediate correction. Failure to resolve branding non-compliance in a timely manner will result in the immediate revocation of your Affiliate Links and termination of your account.

8. PROHIBITED MARKETING ACTIVITIES, INCENTIVES & BRAND PROTECTION

You will be terminated from the Program and forfeit all pending unpaid commissions if you engage in any of the following prohibited activities:

• Pay-Per-Click (PPC) Bidding Restriction: Pay-Per-Click (PPC) bidding on search engines (e.g., Google Ads, Bing Ads) targeting Sierra Division trademarks (e.g., “Sierra Division”, “Sierra Division Academy”, Names of our Mentors, Courses, or Instructors) or variations thereof is strictly prohibited without prior written permission from Sierra Division, Inc. If written permission is granted, you must strictly follow all agreed-upon campaign boundaries. In generic campaigns, you must add all trademarked terms as negative keywords.
• Incentives, Rebates & Kick-Backs: You may not offer direct monetary rebates, cash kick-backs, or promised percentages from your affiliate commission to buyers as an incentive to purchase through your link. However, adding external bonuses or bundling your own separate products/services alongside Sierra Division Academy is fully acceptable.
• Automated Cookie Stuffing: Using pop-ups, pop-unders, iframes, hidden scripts, toolbars, or browser extensions (e.g., automated coupon injection extensions) to drop Tracking Cookies without a direct, conscious user click on an Affiliate Link.
• Unapproved Coupon Promotion: Bidding on keywords like “Sierra Division Academy Coupons” or displaying misleading “Click here to see discount” buttons when no official coupon code has been assigned to you.
• Brand Harm & Derogatory Content: You are strictly prohibited from utilizing mass unsolicited emails (spam), spamming messaging systems, or promoting Sierra Division Academy on sites containing illegal, hateful, discriminatory, sexually explicit, deceptive, or defamatory content.
• AI & Synthetic Content Restrictions: Using voice-cloning, deepfakes of our instructors, or mass AI-generated spam articles to drive traffic.
• Course IP Protection: Scraping, reproducing, or sharing snippets of paid course materials as promotional lead magnets for any course content or videos that are not already publicly available without written permission from Sierra Division.
• Social Media & Domain Squatting: Registering lookalike domains (e.g., sierradivisioncourses.com) or squatting branded handles (e.g., @sierradivisionacademy_official) in order to drive traffic.
• Legal Remedies for Brand Harm: If any of your prohibited marketing activities actively harm the Sierra Division brand through spammy, hateful, derogatory, or illegal content, Sierra Division, Inc. reserves the right to pursue full legal action against you. In such cases, there shall be no contractual cap or limitation on the potential damages, injunctive relief, or legal fees Sierra Division, Inc. may seek to recover.

9. FTC ENDORSEMENT DISCLOSURE COMPLIANCE

In accordance with Federal Trade Commission (FTC) guidelines and international regulations, you must clearly and conspicuously disclose your affiliate relationship wherever you share an Affiliate Link.

• Disclosures must be prominent, unambiguous, and placed close to the recommendation (e.g., “I may earn a commission from Sierra Division, Inc. if you purchase through my link at no additional cost to you.”).

10. DATA PRIVACY, EU/UK COOKIE CONSENT & COMPLIANCE

• Independent Data Controller Status: Affiliate agrees that it acts as an independent Data Controller for all web properties, social channels, and media channels it operates under the EU General Data Protection Regulation (GDPR), UK GDPR, the EU ePrivacy Directive, and the UK Privacy and Electronic Communications Regulations (PECR).
• Mandatory Prior Opt-In Consent: For any traffic originating from or targeting users within the European Economic Area (EEA) or the United Kingdom, Affiliate must deploy a compliant cookie consent banner. Affiliate shall not drop tracking cookies, trigger attribution scripts, or pass affiliate URL parameters prior to securing freely given, specific, informed, and unambiguous opt-in consent from the user.
• Privacy Disclosures: Affiliate must maintain a publicly accessible privacy policy clearly informing end users that third-party affiliate tracking links and cookies are utilized.
• Regulatory Indemnification: Affiliate agrees to defend, indemnify, and hold harmless Sierra Division, Inc. from any regulatory fines (including penalties imposed by EU Data Protection Authorities or the UK Information Commissioner’s Office), legal fees, or third-party claims arising from Affiliate’s failure to obtain valid user consent or comply with EU/UK privacy laws.

11. MODIFICATION OF TERMS & PROGRAM OFFERINGS

Sierra Division, Inc. reserves the right to modify, add, or update any provision of this Agreement at any time to reflect new courses, mentorships, subscription/membership tiers, commission adjustments, or operational updates.

• Notice of Changes: We will notify you of material updates by sending an email to the address registered to your account or by posting a notice on the Program portal.
• Acceptance: Continued participation in the Program following the effective date of an update constitutes your full acceptance of the revised terms. If a change is unacceptable, your sole recourse is to terminate your participation in the Program.

12. TERMINATION OF AGREEMENT

Either party may terminate this Agreement at any time, with or without cause, by providing written notice. Upon termination, cleared commissions exceeding the $100.00 USD minimum threshold (or requested under the 12-month micro-balance rule minus fees) will be remitted on the next regular payout date. Uncleared commissions associated with fraudulent activity, policy violations, brand harm, or pending chargebacks will be forfeited.

• Audit and Investigation Rights: If Sierra Division reasonably suspects you of engaging in prohibited practices or breaching any provision of this Agreement, Sierra Division reserves the right to freeze your pending and cleared payouts for up to sixty (60) calendar days to conduct an investigation. During this period, Sierra Division may request traffic logs, ad account disclosures, campaign settings, or promotional screenshots regarding your promotional activities. You have thirty (30) calendar days from the date of request to supply all requested proof. Failure to provide satisfactory documentation within this 30-day window results in automatic forfeiture of all accrued commissions and immediate termination of this Agreement.

13. INDEPENDENT CONTRACTOR STATUS

Nothing in this Agreement creates an employment, partnership, joint venture, agency, or franchise relationship between you and Sierra Division, Inc. You have no authority to bind the Company, make commitments on our behalf, or hold yourself out as an employee or official representative of Sierra Division, Inc.

14. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

• Disclaimer of Express/Implied Warranties: THE PROGRAM, THE SIERRA DIVISION ACADEMY WEBSITE, AND ALL COURSES, PRODUCTS, AND SERVICES SOLD BY SIERRA DIVISION, INC. ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR GUARANTEES WITH RESPECT TO THE PROGRAM, ITS TRACKING ACCURACY, OR THE PRODUCTS SOLD. WE MAKE NO CLAIM OR WARRANTY THAT THE OPERATION OF THE PROGRAM AND/OR OUR WEBSITE(S) WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
• Exclusion of Indirect Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIERRA DIVISION, INC. WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF REVENUE, DATA, OR COMMISSIONS) ARISING OUT OF OR RELATED TO THIS AGREEMENT, AFFILIATE TRACKING FAILURES, LOSS OF DATABASE FILES, SYSTEM OUTAGES, OR ANY RESULTS OF INTENTS OF HARM TO THE PROGRAM AND/OR TO OUR WEBSITE(S).
• Aggregate Liability Cap: EXCEPT FOR CLAIMS ARISING OUT OF SECTION 8 (BRAND HARM AND PROHIBITED MARKETING ACTIVITIES), SIERRA DIVISION, INC.’S TOTAL CUMULATIVE AGGREGATE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR $100.00 USD, WHICHEVER IS LOWER.

15. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Sierra Division, Inc., its officers, directors, employees, affiliates, licensees, successors, and agents against any and all claims, liabilities, damages, fines, judgments, losses, costs, and expenses (including reasonable legal fees) arising out of or related to your negligence, misrepresentation, intentional misconduct, breach of this Agreement, or failure to comply with FTC endorsement guidelines, data privacy regulations, IP rights, and and branding rules.

16. GOVERNING LAW & SEVERABILITY

This Agreement shall be governed by and construed under the laws of the State of Delaware, without giving effect to conflict of laws principles. Legal proceedings arising out of this Agreement must be brought exclusively in state or federal courts located in New Castle County, Delaware. If any provision of this Agreement is held invalid or unenforceable, the remaining terms shall continue in full force and effect.

17. ELECTRONIC SIGNATURES & BINDING ACCEPTANCE

This Agreement is an electronic contract that sets out the legally binding terms of your participation in the Sierra Division Academy Affiliate Program. You indicate your acceptance of this Agreement and all terms and conditions contained or referenced herein by completing the Sierra Division Academy affiliate application process, clicking “I Agree” (or equivalent prompt), or by utilizing an Affiliate Link. This action creates an electronic signature that carries the same legal force and effect as a handwritten physical signature under the Electronic Signatures in Global and National Commerce Act (E-SIGN) and applicable state electronic transaction laws.