This Affiliate Operating Agreement (“Agreement”) sets forth the complete terms and conditions governing participation in the Elliottista Affiliate Program. For purposes of this Agreement, “Elliottista,” “we,” “us,” or “our” refers to Elliottista and its affiliated entities. “You,” “your,” or “Affiliate” refers to the applicant or approved participant in the Affiliate Program. “Program” means the Elliottista Affiliate Program. “Site” means any website, application, or online presence operated by you. “Content” means text, graphics, data, or other materials provided by Elliottista. This Agreement is subject to change at any time at our sole discretion. Updated terms will be posted on our Affiliate page, and continued participation in the Program constitutes acceptance of any such changes.
1. Enrollment in the Program: To enroll in the Program, you must submit the Affiliate form (above). We reserve the right to approve, decline, suspend, or terminate any application or Affiliate account at our sole discretion, with or without cause. Upon acceptance, you will be granted access to Affiliate materials and benefits in accordance with this Agreement.
2. Affiliate Benefits:
a. Affiliate Content and Materials: Elliottista may provide proprietary Content, including research excerpts, educational materials, and promotional assets, intended to support your Affiliate activities. All such Content is original and remains the exclusive property of Elliottista. You are authorized to use only the Content made available to you and only in the manner described therein. Any use of Elliottista Content in any form not expressly permitted, requires prior written approval from Elliottista.
b. Commissions: You may earn commissions on qualifying purchases or subscriptions made by users who access Elliottista through your unique Affiliate links. Commission rates, eligibility, and payout rules are defined above and may be updated from time to time. Certain products or services may be excluded. Commissions are typically calculated after the applicable refund or cancellation period has expired. Payments are issued monthly, provided that your cumulative commission balance meets the minimum payout threshold specified above. Elliottista reserves the right to determine the payment method.
c. Tracking and Attribution: Each Affiliate link contains a unique tracking identifier. You are responsible for using the full, unmodified Affiliate URLs provided. Elliottista is not responsible for commissions lost due to improper link placement, modification, or technical issues beyond our control.
3. Restrictions and Compliance:
a. Regulatory and Marketing Compliance: Affiliates must comply with all applicable laws, regulations, and industry standards, including advertising, consumer protection, and disclosure requirements. Affiliates may not:
- represent Elliottista as a registered investment advisor or trading advisor
- provide investment advice on behalf of Elliottista
- promise or imply guaranteed profits, returns, or risk-free outcomes
All promotional messaging must clearly position Elliottista’s offerings as educational, informational, or analytical in nature.
b. Search Engine Marketing (SEM) Elliottista may conduct its own search engine marketing campaigns. Affiliates are prohibited from bidding on Elliottista’s brand name, trademarks, domain names, or closely related terms in paid search advertising, unless expressly authorized in writing.
c. Prohibited Conduct: Affiliates may not engage in misleading, deceptive, unethical, or abusive practices, including spam, false endorsements, or misrepresentation of Elliottista’s products or services.
4. Intellectual Property: All Elliottista trademarks, logos, Content, and proprietary materials remain the sole property of Elliottista. This Agreement grants you a limited, non-exclusive, non-transferable, revocable license to use approved materials solely for participation in the Program. No ownership rights are transferred under this Agreement.
5. Terms and Termination: Either party may terminate participation in the Program at any time, with or without cause, by providing notice or by account deactivation. Upon termination, all rights to use Elliottista Content and Affiliate links immediately cease. Any unpaid commissions may be forfeited if termination results from a violation of this Agreement. Outstanding commissions earned in compliance with this Agreement may be paid at Elliottista’s discretion, subject to applicable thresholds and policies.
6. Limitation of Liability: To the fullest extent permitted by law, Elliottista shall not be liable for indirect, incidental, consequential, or special damages arising out of or related to the Affiliate Program, including loss of revenue, data, or business opportunities.
7. Independent Contractor Relationship: You acknowledge that you participate in the Program as an independent contractor. Nothing in this Agreement creates any partnership, joint venture, employment, or agency relationship between you and Elliottista.
8. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the applicable jurisdiction designated by Elliottista, without regard to conflict of law principles.
9. Acceptance: By submitting an Affiliate application or continuing to participate in the Program, you acknowledge that you have read, understood, and agree to be bound by the terms of this Affiliate Operating Agreement.