PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SCOTT KILOBY LLC.
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Scott Kiloby LLC’s Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site and the kiloby.com web site. Please note that throughout this Agreement, “we,” “us,” and “our” refer to Scott Kiloby LLC, and “you,” “your,” and “yours” refer to the affiliate.
2. Affiliate Obligations
2.1. To begin the enrollment process, you will complete and submit the online application on the Thrivecart.com server. Having your application approved does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:
2.1.1. Promotes sexually explicit materials.
2.1.2. Promotes violence.
2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
2.1.4. Promotes illegal activities.
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law.
2.1.6. Includes “Scott Kiloby” or variations or misspellings thereof in its domain name
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
2.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
2.1.9. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are Scott Kiloby or any other affiliated business.
2.2 Additionally, you are not permitted to:
2.2.1 Conduct email promotions in a 3rd-party system. All email contacts MUST be your OWN opt-in email list. You cannot buy solo ads, use safe lists, use spam techniques or anything similar.
2.2.2 Run “negative” PPC, iframe, advertising or SEO campaigns such as “Product name / author name scam” or any other method to attract controversial clickthrough rates that an ordinary person would deem to portray a negative view of the product. This creates a bad image for our company and the individuals featured in the products and you will be terminated from the program instantly.
2.2.3 Use any domain names containing the word Kiloby or any variation which infringes on our brand unless specially agreed with us in advance.
2.2.4 Provide rebate offers of any kind.
2.2. Scott Kiloby LLC reserves the right, at any time, to review your placements and require that you change your placement or use to comply with the guidelines provided to you.
2.3. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
2.4. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third-party rights.
2.5 You should avoid using the raw affiliate link if you can. All affiliates are encouraged to utilize redirect links in emails and website campaigns and not the direct affiliate link you will receive. This increases conversions for both of us (but ultimately the choice is up to you).
2.6 Any JV Prizes are awarded based on qualified leads and are subject to fraud reviews. Qualified leads are unique customers who fill out the opt-in form themselves with valid information. We will expressly deny or modify prizes based on lead quality. Activities of Fraud will lead to further actions and immediately removal from any prize competitions or eligibility.
2.7 “Cookie stuffing” or any other similar method of cookie manipulation will result in an immediate ban from our affiliate program and could result in us pursuing legal action to reclaim falsely claimed affiliate commissions and or damages.
3. Scott Kiloby LLC Rights and Obligations
3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Scott Kiloby LLC Affiliate Program.
3.2. Scott Kiloby LLC reserves the right to terminate this Agreement and your participation in the Scott Kiloby LLC Affiliate Program immediately and without notice to you should you commit fraud in your use of the Scott Kiloby LLC Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, Scott Kiloby LLC shall not be liable to you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be sent via email to email@example.com. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Scott Kiloby LLC’s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Scott Kiloby LLC’s Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
7. Access to Affiliate Account Interface
You will create a password so that you may enter Thrivecart’s secure affiliate account interface. From their site you will be able to receive your reports that will describe our calculation of the commissions due to you.
8. Promotion Restrictions
8.1. You are free to promote your own web sites, but naturally any promotion that mentions Scott Kiloby LLC could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by Scott Kiloby LLC. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote Scott Kiloby LLC so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote Scott Kiloby LLC so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from Scott Kiloby LLC. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Scott Kiloby LLC Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
8.2. Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as kiloby.com, scottkiloby.com, Kiloby, Scott Kiloby, www.kiloby, www.kiloby.com, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from Scott Kiloby LLC’s Affiliate Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.
8.3. Affiliates are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e., sincerely interested in Scott Kiloby LLC’s service).
8.4. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited Scott Kiloby LLC’s site (i.e., no page from our site or any Scott Kiloby LLC’s content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non-affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of Kiloby.com site in IFrames, hidden links and automatic pop ups that open Scott Kiloby LLC’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
9. Grant of Licenses
9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Scott Kiloby LLC’s Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Scott Kiloby LLC and the good will associated therewith will inure to the sole benefit of Scott Kiloby LLC.
9.2. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
SCOTT KILOBY LLC MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING SCOTT KILOBY LLC SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF SCOTT KILOBY LLC ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
11. Representations and Warranties
You represent and warrant that:
11.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
11.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
12. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL SCOTT KILOBY LLC’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless Scott Kiloby LLC, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
15.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Scott Kiloby LLC. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
15.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
15.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York without regard to the conflicts of laws and principles thereof.
15.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
15.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
15.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
15.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
Dan McLintock is a Certified Facilitator, Trainer and the Co-Developer of the Kiloby Inquiries method/approach the New Model of Recovery along w Scott Kiloby.
A Jacksonville, Florida native, Dan graduated Flagler College in 2004 with B.A. in Theatre Arts and English Literature and has played music professionally in bands for over 20 years. But his true passion lies in sharing the context, possibility and practicality of healing, awakening and release.
Dan has worked one-on-one with clients in and out of the Kiloby Center since 2017 and has an unconditionally loving and earnest approach to healing trauma, dissolving the drivers of addiction/suffering and unhooking long-held toxic beliefs about ourselves, others and the world at large.
He’s also worked intensively, side-by-side with Scott Kiloby for the past three years to develop the transformative tools of the Kiloby Inquiries as well as the principles and approach of the “New Model of Recovery” rooted in unconditional love and non-judgment. Much of this approach was borne out of Scott and Dan’s work with each other on their own personal traumas as well as their work with clients at the Kiloby Center.
Scott and Dan have simplified, demystified and condensed some of the principles and practices of eastern/non-dual spirituality into an easily accessible set of tools most anyone can understand, learn and utilize to free themselves from their own suffering.
A clarity call is a free 30-minute introductory call with a Certified KI Facilitator. During a clarity call, you can ask any questions you have about KI and see whether a particular facilitator is a good fit for you.
To book a clarity call, select your preferred facilitator (hover over their picture and click the “Meet” button). Then, enter your email and click “Book Your Call.” From there, you’ll be able to select your preferred date and time and schedule your clarity call (please double-check your time zone before booking).
Note: Clarity calls, while free, require you to enter a credit card to book. If you are late or miss the scheduled meeting, you will be charged $49. This is to protect the facilitator’s time. You will be able to reschedule or cancel the appointment without charge with appropriate notice. The length of the required notice varies by facilitator. Please read the terms and conditions before booking your call.
Julianne Eanniello is a Kiloby Inquiries Facilitator and Certification Trainer, a founding Living Inquiries Facilitator and former trainer, Co-Founder and Clinical Director of the Kiloby Center for Recovery in Rancho Mirage CA, and a Certified TRE Practitioner. About Julianne:
For most of my life I’ve wondered who I am and why I am here. As I was growing up, no one else seemed to be talking about these things, or even thinking about them, so I buried it deep inside and tried my best to fit in the way I was “supposed” to, all the while feeling like there was something desperately wrong with me and that I needed to fix it.
In my early thirties, the death of a young relative left me feeling hopeless and helpless, wondering what is the point of life if we’re all just going to die anyway? This launched me on a search. I didn’t even know what I was looking for, I just knew that there was a longing – a desperate longing for something that actually made sense about life. I learned several alternative spiritual and healing techniques. I meditated. I read books and watched videos. I eventually learned of non-duality teachings, and I read more books, watched more videos, and even sat with several ‘awakened’ teachers. Yet I was still searching, something still felt missing. I was looking for the key that would unlock the mystery of me and of life.
In my early forties, I developed a chronic health condition that left me unable to work for several years, and most days barely able to get out of bed due to extreme fatigue, brain fog and pain. I lost my banking job, and eventually lost my home. I saw a multitude of doctors to try to find out what was wrong with me, and used every tool in my metaphysical and alternative medicine toolkit to try to heal myself. My seeking became even more intense, and I was looking for a way to escape my pain.
In 2009, I met Scott Kiloby. Since I started working with him and doing the Living Inquiries, the seeking for enlightenment has stopped, and the question of ‘who am I’ is no longer relevant. My victim stories around my health started falling away. Once I started looking at my experience with inquiry, everything changed. I stopped chasing something ‘out there.’ I no longer seek some future state of happiness or peace. This is not to say that I don’t have problems, or ever experience pain. Quite the contrary. I still use the inquiries regularly, and now there is much less avoidance or resistance to what I’m experiencing. I experience more and more freedom in the present moment, exactly as it appears.
Having trained with Scott, I was one of the first to be certified as a Senior Living Inquiries Facilitator and Trainer in early 2012. In 2014, I moved to CA to work with Scott at The Kiloby Center for Recovery, where we work with people suffering from addiction, anxiety, depression and more. In early 2015, I became his business partner, and we are co-owners in the business. Since then, we have developed additional inquiries, the Kiloby Inquires, to help our clients.
I work with clients all over the world on virtually any topic, including spiritual seeking, stress, anxiety, depression, traumatic historical experiences, relationship issues, addiction, compulsion, and general unhappiness with ourselves and our lives. I do this through online sessions, deepening courses, workshops and facilitator certification training. Those facing addiction are welcome to explore The Kiloby Center’s unique program.
I can’t imagine my life without these inquiries. They saved me from myself. If you are still suffering, searching, longing… I encourage you to give this a try.
As a young child I saw a picture of Jesus gazing lovingly at some children around his feet. I immediately longed for the unconditional love I saw in his gaze. At the same time, I was being read fairy tales, like Cinderella, and came to believe that romantic love would satisfy that longing for love.
So, I married my handsome prince at age 19. But then, by age 29, I found myself alone, as a single mother, with four young children. I was devastated and convinced that something was terribly wrong with me, to have ended up in such a predicament.
I had learned to love and please others, but not how to love and respect myself. I was a “good girl,” and repressed my urges to have my own needs acknowledged and met. A wise teacher later told me, “We need to love everyone, including ourselves.” This was an amazing revelation for me!
Learning to meditate helped immensely to bring moments of peace, while I was sitting still, though I was still being triggered regularly in my relationships. Finally, the Kiloby Inquiries taught me how to turn my attention inside in daily life – towards the trapped thoughts and emotions I’d been running from – so that I could face and release them. It was like some tender, lost children began coming home, to take their rightful place in my inner world.
I am honored and excited to be able to facilitate these wonderful inquiries for others.
Sumitra lives on the Hawaiian island of Kauai with some of her family. She has four grown children and six grandchildren. For many years she lived and worked in a yoga retreat community in California, and has taught yoga, meditation and Compassionate Communication in addition to facilitating the tools of the Kiloby Inquiries (since 2013).
Sumitra also loves working with couples and others with relationship challenges in a simple (though not always easy) deep listening practice that allows each person to be truly heard and acknowledged.