By accessing or using the website located at theaffiliatecatalyst.com (the "Site"), or by submitting an enquiry through the Site, you agree to be bound by these Terms & Conditions ("Terms") and our Privacy Policy, which is incorporated herein by reference.
These Terms apply to all visitors, enquirers, and clients. If you do not agree to these Terms, please do not use the Site or submit an enquiry.
These Terms constitute a legally binding agreement between you and The Affiliate Catalyst, a corporation incorporated under the laws of Ontario, Canada ("we," "us," or "our").
The Affiliate Catalyst provides fractional partnership management consulting services to associations and buying groups, including but not limited to:
The specific scope, deliverables, fees, and duration of any engagement are agreed in writing between the parties prior to commencement of work. These Terms apply to the website and all pre-engagement communications. Separate engagement agreements, statements of work, or service contracts govern the provision of paid services and will supersede these Terms to the extent of any inconsistency.
Submitting an enquiry through our contact form or participating in a discovery call does not create a binding contract, client relationship, or obligation on either party to proceed with an engagement.
All information shared during the enquiry and discovery process is treated as confidential by us (see Section 6), but does not constitute the establishment of a formal advisory or fiduciary relationship.
We reserve the right to decline any enquiry or engagement at our sole discretion, without obligation to provide a reason.
Monthly retainer engagements are governed by a written service agreement executed prior to commencement. Fees, payment terms, commission structures, scope of work, and termination provisions are set out in that agreement. In the event of conflict between these Terms and a signed service agreement, the service agreement prevails.
Project engagements are governed by a written statement of work or project agreement. Project fees are quoted and agreed in advance. Additional work outside the agreed scope is subject to a separate written change order.
All fees are quoted in United States dollars (USD) unless otherwise specified in writing. Payment terms are set out in the applicable engagement agreement. Overdue invoices may be subject to interest at the rate of 1.5% per month (18% per annum) or the maximum rate permitted by applicable law, whichever is lower.
Either party may terminate an engagement in accordance with the termination provisions set out in the applicable service agreement or statement of work. In the absence of specific provisions, either party may terminate on 30 days' written notice.
All content on this Site — including text, graphics, the logo, brand elements, and the overall design — is the property of The Affiliate Catalyst and is protected by Canadian copyright law and applicable intellectual property legislation. You may not reproduce, distribute, or create derivative works from any Site content without our prior written consent.
Unless otherwise agreed in writing, deliverables produced under a paid engagement (reports, frameworks, templates, and similar work product) are owned by the client upon receipt of full payment. We retain the right to use anonymised, aggregated, and non-identifiable insights from our work for internal development and cross-industry intelligence purposes.
Any methodologies, tools, frameworks, or know-how that we bring to an engagement and that exist independently of the engagement remain our property at all times.
We treat all information shared with us during enquiries, discovery calls, and engagements as confidential. We will not disclose your organisation's information to any third party without your consent, except as required by law or as necessary to provide the services (e.g., disclosing information to a subcontractor bound by equivalent confidentiality obligations).
This website is operated on a non-exclusive basis. We work with multiple associations simultaneously across different industries. We will not share one client's confidential information with another. Where a genuine conflict of interest arises, we will notify you promptly and work with you to resolve it.
Specific confidentiality obligations for paid engagements are set out in the applicable service agreement, which may include a mutual non-disclosure agreement.
To the maximum extent permitted by applicable law, The Affiliate Catalyst, its directors, employees, and contractors shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including lost profits, lost revenue, lost data, or loss of goodwill — arising out of or in connection with your use of this Site or any services provided under an engagement, even if we have been advised of the possibility of such damages.
Our total aggregate liability to you for any claim arising out of or relating to these Terms or any engagement shall not exceed the total fees paid by you to us in the three (3) months immediately preceding the event giving rise to the claim.
Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including liability for fraud or fraudulent misrepresentation.
This Site and its content are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant that any information on the Site is complete, accurate, or current.
Our consulting services are provided with reasonable care and skill. We make no guarantee of specific business outcomes, revenue results, or membership renewal rates. Partnership management outcomes depend on factors outside our control, including your organisation's resources, affiliate member behaviour, and market conditions.
You agree to indemnify, defend, and hold harmless The Affiliate Catalyst and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your use of or access to the Site; (b) your breach of these Terms; or (c) any information you provide to us that is false, misleading, or infringes the rights of a third party.
This Site may contain links to third-party websites (including LinkedIn and Netlify's terms). These links are provided for convenience only. We have no control over the content, privacy practices, or availability of third-party sites and accept no responsibility or liability for them. Accessing third-party sites is at your own risk.
These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
Any dispute arising out of or relating to these Terms or the Site shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario, sitting in the City of Toronto. You irrevocably consent to the personal jurisdiction of those courts.
We work with clients in both Canada and the United States. Where a client engagement agreement specifies a different governing jurisdiction or dispute resolution mechanism, that agreement prevails for matters relating to the engagement.
Before initiating formal proceedings, both parties agree to attempt in good faith to resolve any dispute through direct negotiation for a period of not less than 30 days from the date one party notifies the other of the dispute in writing.
We reserve the right to update these Terms at any time. When we make material changes, we will update the "Effective date" at the top of this page. Your continued use of the Site following the posting of revised Terms constitutes your acceptance of those changes.
For active client engagements, we will provide at least 30 days' written notice before any material changes to these Terms affect you, and the applicable service agreement will continue to govern the engagement unless you agree to updated terms.
Discovery calls and other pre-engagement meetings may be recorded by us for internal note-taking and follow-up purposes. We will notify all participants at the start of any recorded call. Recordings of pre-engagement calls are not shared externally and are deleted once no longer needed for internal purposes.
Recording consent for paid engagement sessions — including workshops, advisory calls, and working meetings — is governed by the applicable service agreement, which sets out the permitted uses of any recordings made during an engagement.
If you have questions about these Terms, please contact:
The Affiliate Catalyst
Legal Enquiries
admin@theaffiliatecatalyst.com
Note: These Terms & Conditions and the Privacy Policy have been prepared for informational purposes and represent our good-faith effort to be transparent about how we operate. They do not constitute legal advice. We recommend that you consult a qualified lawyer if you have specific legal questions about your engagement with us.