Affiliate Agreement
The following are the terms and conditions of participating in the
Affiliate Classroom (AC) Affiliate Program. "Affiliate" refers to
yourself, and "AC" refers to us, Affiliate Classroom, Kurma Group.
AC reserves the right to amend this agreement as needed from time to
time, and Affiliate agrees that any such amendment will apply to
Affiliate. The continuation of Affiliate status or Affiliate's
acceptance of income or bonuses shall constitute Affiliate's
acceptance of any and all amendments.
1.
An affiliate may NOT register as a member under their own
affiliate link. All such transaction will be reversed immediately.
2.
The affiliate will only use an ad tracking link when sending
traffic to the AC link from e-mail promotions. The terms
“affiliateclassroom.com” are not allowed to appear in any e-mail
promotions. This is to protect AC from SPAM complaints and we take
this very seriously.
3.
Affiliate agrees that a AC Affiliate is an independent
contractor, and not an employee, agent, partner, legal
representative, or franchisee of AC. Affiliate further agrees not to
incur any debt, expense, obligation on behalf of, for, or in the
name of AC.
4.
Affiliate must be of the age of majority in his/her state or
country.
5.
All Affiliate applications are subject to approval by AC.
6.
Affiliate agrees to receive AC email, including but not
restricted to sales reports, training, newsletters, plus messages
from Affiliate's Referrer (the person who directly referred you to
AC or whose advertising generated your registration).
7.
Contact information (email address, phone number, address, etc.)
will be provided to your Referrer. Contact information is not
disclosed to any other party.
8.
Affiliate agrees to present the AC Commission Plan and AC
products and services as set forth at the official AC website.
Affiliate will make no claims regarding potential income, earnings,
products or services beyond what is stated at the official AC
website.
9.
Affiliate agrees not to disparage AC, other AC Affiliates, AC
products, the AC compensation plan, AC employees or AC Independent
Contractors. Affiliate understands that disparagement may result in
the immediate suspension or termination of Affiliate account with a
cancellation of any pending commissions.
10.
Affiliate agrees that registering new affiliates through
automated machine entry, or manual entry without their approval or
with the primary intent to gain commission status, is strictly
forbidden and is grounds for suspension or termination of your
account.
11.
Affiliate agrees to NOT utilize SPAM in promoting AC. This action
may result in the immediate suspension or termination of Affiliate
account with a cancellation of any pending commissions. Affiliate
will also be in violation of the AC Affiliate Agreement and subject
to legal action and be held liable for any financial loss incurred
by AC. Any service interruptions to AC as a result of Affiliates
spamming will be billed to Affiliate at 100 U.S. dollars per hour
until service is restored.
For the purpose of this agreement SPAM is defined as emailing
ANYONE, in bulk or by single mailing, about AC, who has not
specifically requested the information directly from Affiliate. The
ONLY exceptions to this are: A. Mailing to APPROPRIATE OPT-IN
mailing lists where the source does the mailing on Affiliate's
behalf AND you do not advertise a AC-provided Gateway URL. However,
use extreme caution when choosing an opt-in mailing list company!
Using anything but the most reputable sources could generate spam
complaints against Affiliate resulting in suspension or termination.
AC also considers ANY type of advertisement about VLC posted to a
Newsgroup or Chat Room to be spam. Violators may be fined at 50 U.S.
dollars per incident.
12.
Affiliate agrees to provide AC with a valid email address upon
registration. Affiliate understands that the use of an
Auto-Responder email address is prohibited.
13.
Although the AC Affiliate Program is not limited to the United
States of America, all payments will be made in U.S. dollars.
Affiliate commissions shall normally be paid by Paypal unless
otherwise requested in which case a check will be sent. All payments
will be processed on the 3rd of each month. If a sale is
canceled or refunded, the related commission will be deducted from a
subsequent payment. The minimum commission payment that will be sent
out is $100.00 (after processing fee).
14.
Affiliate may not use their knowledge of, or association with
other Affiliates other than those personally referred to further any
business undertaking other than AC.
15.
Affiliate will be issued an "Affiliate Link," a unique URL which
allows AC to identify visitors from Affiliate site as originating
from Affiliate. These visitors are tracked with this unique URL and
sales are recorded with the appropriate Affiliate ID. To receive
commissions, Affiliate must use the provided Affiliate Link. The URL
may be in various forms such as a banner, image, or text link.
16.
Affiliate is solely responsible for insuring that their Affiliate
Link is set up properly to qualify for commissions.
17.
AC is not responsible for technical problems, acts by third
parties, or other events outside our reasonable control which may
temporarily disrupt or diminish service.
18.
AC will make every reasonable effort to track and pay commissions
for all sales that apply to Affiliate. However, AC is not
responsible for technical problems, acts by third parties, or other
events outside our reasonable control which may temporarily disrupt
or diminish this service. Affiliate understands that Affiliate
tracking can never be 100% accurate and AC is not responsible for
inaccuracies that might occur beyond its control. Tracking of
Affiliate sales depend on several factors, technical and otherwise,
which are out of the control of AC. It is the goal of AC to make
Affiliate tracking as accurate as possible, however, AC cannot
guarantee 100% tracking for situations beyond its control.
19.
To protect AC customer privacy, if deemed necessary, AC reserves
the right to withhold identifying customer contact information from
Affiliate.
20.
AC reserves all rights in or to its trademarks and service marks
but may be used by Affiliate in accordance with this agreement.
Affiliate may in no way display a AC logo, image, or trademark which
may be distasteful, defame, or misrepresent.
21.
Affiliate shall follow AC advertising guidelines and agrees not
to misrepresent AC products or services. Affiliate further
understands that prohibited sites for advertising AC products or
services include: Sites that promote sexually explicit material or
violence; sites that promote discrimination based on race, sex,
religion, national origin, or physical disability; sites that
promote illegal activities.
22.
Affiliate may not assign rights or delegate duties under this
Agreement.
23.
AC shall not be held liable for any indirect, incidental, special
or consequential damages or any loss of revenue or profits arising
under or with respect to this Agreement or program, even if AC has
been advised of the possibility of such damages. AC aggregate
liability arising under or with respect to this agreement or the
program shall in no event exceed the total commissions paid or
payable by AC under this agreement.
24.
AC makes no warranties expressed or implied with regard to
Affiliate Program except as outlined in this Agreement.
25.
Both AC and the Affiliate reserve the right to terminate this
agreement at any time. The term of this Agreement shall be for a
period of one year from the date hereof and shall automatically
renew upon each anniversary, without further act of the parties,
unless either party has terminated this Agreement by written notice
to the other. If terminated, outstanding commissions at time of
termination shall be paid in the next payment so long as the terms
of this agreement were not violated by the Affiliate. Payment of the
final commission payment to the Affiliate may be withheld for a
reasonable time in order to ensure that the correct amount is paid.
26.
In the event that a provision of this Agreement is held to be
invalid or unenforceable, such provision shall be reformed only to
the extent necessary to make it enforceable, and the balance of the
Agreement will remain in full force and effect.
27.
This agreement will be governed by and construed in accordance
with the laws of the State of Florida. This agreement is further
governed by and construed in accordance with the laws of the United
States of America.
ARBITRATION:
Any controversy, dispute or claim between AC and any other party
arising out of/or involving any AC business relationship shall be
resolved by binding arbitration. The arbitration shall be conducted
in accordance with the Procedures of the American Arbitration
Association. This arbitration agreement does not cause waiver or
modification of either party's right to legal proceedings in a court
residing in the same judicial jurisdiction as stated herein, to
enforce any unpaid monetary debts by either party, as awarded by the
arbitrator following Binding Arbitration. The parties agree to such
venue as the forum of choice of the parties.
The arbitrator shall apply Maryland substantive and procedural law
to the proceeding. The demand for arbitration must be in writing and
must be made by the aggrieved party within ninety (90) days of the
event giving rise to the demand. The arbitration shall take place in
Gaithersburg, Maryland.
The arbitrator's power to award a remedy shall be limited to
monetary damages. Should either party wish to seek injunctive relief
or other non-monetary relief, such claims shall be brought
exclusively in a court of competent jurisdiction, located in the
State of Maryland.
The arbitrator shall determine if there is any prevailing party, and
the prevailing party shall be awarded only such fees and expenses as
are permitted under the law of the State of Maryland. The fees for
the arbitrator shall be paid equally by both parties. The parties
understand and acknowledge that by agreeing to arbitration they are
giving up any right they may have to a judge or jury trial with
regard to all issues subject to arbitration.
THIS
AGREEMENT CONTAINS AN ARBITRATION PROVISION WHICH MAY BE ENFORCED BY
THE PARTIES.