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Bestman Academy : Conditions d'affiliation et conditions d'affiliation Conditions
These Affiliate Terms & Conditions were created on December 15, 2021.
THIS IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “YOURS”), BESTMAN ACADEMY (BA). BY CLICKING ON THE "I ACCEPT" BUTTON AT THE END OF THESE AFFILIATE TERMS AND CONDITIONS (“AFFILIATE TERMS”) YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THESE AFFILIATE TERMS AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION HEREIN.
1. Overview
These Affiliate Terms contain the complete terms and conditions that apply to You when becoming an affiliate in Bestman Academy’s affiliate program (“ BA Affiliate Program”). The purpose of these Affiliate Terms is to allow You to earn affiliate commissions through sales generated from Your unique affiliate link/ID to our designated/qualified contents in the manner set forth herein.
2. Enrollment in the Affiliate Program
(a) Application Completion. If You have not already done so, You need to complete an application to the Affiliate Program (the “Application”). The Application can be found at https://bit.ly/32bAaCX .
(b) Acceptance of Your Application. If we choose to accept Your Application, You will receive an email notification confirming that Your Application has been approved. You understand and agree that We may accept or reject Your Application at Our sole discretion. Your application will be rejected if any of the information You provide is incorrect or incomplete, if You violate any applicable law, or violate any person’s or BA’s intellectual property rights, or for any other reason, We may deem fit to reject Your Application.
(c) Access to our Affiliate Program. If We have accepted Your Application, We will send You a welcome email with Your login details and affiliate instructions so that You may enter Our secure affiliate center. From this center, You will be able to access qualifying links for qualifying products as well as access Your reports which will describe Our calculation of the affiliate commissions due to You. It is Your responsibility to keep Your username and password information secure.
(d) You will ensure that your information including your email address is at all times complete, accurate, and up-to-date. We may send communications to the email address associated with your account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.
3. Obligations of Affiliates
(a) As an Affiliate, you also understand and agree that you have read and fully agree to the terms listed on the Official Website of the Federal Trade Commission. You agree that you will give full disclosure whenever and wherever you intend to use your affiliate links. Specific requirements and examples as described by the FTC can be found here.
(b) As a member of Our Affiliate Program, You agree not to directly or indirectly, for Yourself or on behalf of another, solicit business away from BA, or solicit, induce, influence, or encourage any of Our students/clients/partners to terminate or breach their contractual or other business relationship with Us.
4. Affiliate Responsibilities
As a member of Our Affiliate Program, You understand and agree that:
(a) You hereby give Us the right to monitor how You use our affiliate links in compliance with these Affiliate Terms, and to notify You of any changes We feel You should make to remain in compliance. Further, You must comply with any requests we make for you to take down specific content that violates the terms and values of BA. Failure to comply is a violation of these Terms and grounds for termination of Your affiliate status.
(b) We Determine the Policies and final Prices for Referred Customers: Persons who become customers of Our Services through referrals made in the Affiliate Program will be considered Our customers, at Our sole discretion. All Our terms, rules, policies, and operating procedures that apply to Our Users will apply to such referred customers. We may change Our terms, rules, policies, and prices of our content and operating procedures at any time, as further described in Our Terms of use and Our other terms as We provide updates from time to time.
(c) If you use paid advertising for your affiliate links, you will not bid on BA-branded keywords as an affiliate. This applies to all advertising platforms and to all affiliates unless direct approval from BA is granted.
(d) You will not use Our company/platform’s name or variations of Our company name or associated phrases in your Domain Names or Social Media pages: You may not register or purchase domain names that include Our company’s name or any misspellings or variations of Our company name to run promotions as an affiliate.
(e) You will be Responsible for where and how You post your affiliate links: You may not promote Our content and Our Instructors’ courses on a website or under a post that contains any form of misleading, defamatory, obscene, illegal, bigoted, pornographic or any other content deemed offensive by Us.
(f) You will not mimic Our media and content: You will make sure that whatever media you choose to promote Your links through does not copy or resemble the look and feel of the BA website or create the impression that Your media is part of Our company's website. You also understand that using the language found on Our pages verbatim is not allowed unless it is to describe the content found on any given course landing page.
(g) You will be Responsible for Your use of content found on Our site. You may create Your own promotional materials using pages from our site as reference. You may also use course images and part of the text in Our pages to promote the products accurately on Your own platform. However, You may NOT download, copy, or use video content (free or paid), course supplementary materials (PDFs, quizzes or extra material), or lesson descriptions and upload them on Your own platform(s). Violation of this provision may result in the immediate termination of Your affiliate account and legal consequences.
(h) You will be open and honest about Your relationship to Us: You may not misrepresent or embellish the relationship between you and BA or imply any relationship or affiliation between you and BA or any other person or entity except as expressly permitted by this affiliate Agreement. You may not represent yourself as having the authority to bind BA to a contract.
(i) You will not earn commissions for free courses: Our site contains paid and free courses. Any customer You refer to Us that subsequently enrolls in a free course or uses a 'free promo code' to get a paid course for free will not be eligible to earn You a commission and that particular sale will not appear on Your affiliate account. We will terminate the account of Affiliates who only promote free courses, or Affiliates who promote primarily free courses.
(j) You will be mindful of who You do business with: You may not use marketing practices that attract fake customers. We, in our sole discretion, will make the determination whether someone is a fake customer.
(k) You will ensure your sub-affiliates follow all of Our terms: You have the right to work with a sub-affiliate network so long as your sub-affiliates follow Our Affiliate Terms. You understand that You are responsible for Your sub-affiliate’s compliance with these terms and that non-compliance by any of Your sub-affiliates may result in the termination of Your affiliate account.
These Affiliate Terms will begin and become effective upon Our acceptance of Your Application.
5. Affiliate Commissions
(a) Eligibility: Except in jurisdictions in which such a transaction is not permitted, You are eligible to earn affiliate commissions through Referrals (as defined in section (b) below) during the term of these Affiliate Terms, according to the calculation described below.
(b) Amount due: The exact amount of affiliate commissions due to You in any given quarter will be calculated in the following manner:
The affiliate commission is set up such that you will earn 20% whenever a referral purchases the “complete version of our NIW course, and 10% whenever your referral purchases other versions of our NIW course. A “Referral” is a paying customer that used your Affiliate link to purchase our content. Acceptance of a Referral as a User of Our Services shall be at Our sole discretion.
(c) Payment of affiliate commissions will be made on a quarterly basis. Payment the We would process to each affiliate every quarter must be more than or equal to $50. Payments that have not reached this threshold will be rolled over to the next quarter and would eventually be paid by the end of the Calendar year.
Payments are disbursed through PayPal using the email or phone number indicated on the registration form. It is your responsibility to contact us for any changes to your PayPal details. If Your account is terminated due to violation of these Affiliate Terms, We reserve the right to withhold all future payments owed to You.
(d) Affiliates are responsible for any and all charges, fees, taxes, exchange rates, surcharges, and other expenses incurred in order to receive affiliate payments. Please check with your receiving banking institution to find out if any of these apply to your account.
(e) If We determine that payment of affiliate commissions to You in any jurisdiction is illegal under any laws, then We may reserve the right to not pay affiliate commissions for any sales made in that jurisdiction.
(f) We may withhold Your final payment for a reasonable time to ensure that the correct amount is paid to You.
(g) If at any time there has been no substantial activity or referral on your account for two (2) years, then we will have the right to withhold any accrued fee. Further, any unpaid fees in your account may be subject to escheatment under applicable law.
6. Licenses
(a) You hereby grant Us a non-exclusive, non-transferable, revocable right to use Your names, titles, and logos in the advertising, marketing, promoting, and publicizing in any manner of Our rights under these Affiliate Terms. However, We are under no obligation to advertise, market, promote, or publicize.
(b) We both agree not to use the other's proprietary materials in any manner that is disparaging or that otherwise portrays the other in a negative light. We each reserve all of our respective rights in the proprietary materials covered by this license. Either one of us may revoke this license at any time by giving the other written notice ending our engagement under these Affiliate Terms and Your Affiliate status. Other than the license granted in these Affiliate Terms, we each retain all right, title, and interest to our respective rights and no right, title, or interest is transferred to the other.
7. Disclaimer
We make no express or implied representations or warranties regarding bestman academy. Any implied warranties of merchantability, fitness for a particular purpose, accuracy, reliability and non-infringement are expressly disclaimed and excluded. In addition, we make no representation that the operation of our website will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors.
8. Limitations of Liability
We will not be liable to you with respect to any subject matter of these affiliate terms 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 you have been advised of the possibility of such damages. Further, notwithstanding anything to the contrary contained in these affiliate terms, in no event shall our cumulative liability to you arising out of or related to these affiliate terms, whether based in contract, negligence, strict liability, tort, or other legal or equitable theory, exceed the total referral fees paid to you under these affiliate terms.
9. Indemnification
You agree to indemnify and hold harmless Bestman Academy and its partners, employees, representatives, agents, and affiliates, against any and all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from Your breach of these Affiliate Terms. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by Us in connection with or arising from any such claim, suit, action, or proceeding.
10. Termination
Bestman Academy or You can Each End Our Engagement Under these Affiliate Terms: Either Us or You may end these Affiliate Terms AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax.
11. Modification
From time to time, We may update these Terms to clarify Our practices or to reflect new or different practices. For example, We may change the scope of Referral Fees, payment procedures, and Affiliate Program rules, or Referral Specifications or Referral Materials, and Bestman Academy reserves the right in its sole discretion to modify and/or make changes to these Affiliate Terms at any time, at Our sole discretion. If We make any material change to these Affiliate Terms, You may receive an email notifying You that changes were made and prompting You to agree to Our new Affiliate Terms. Modifications will become effective on the day they are posted unless stated otherwise. If any modification is unacceptable to You, Your only option is to end Your participation in the Affiliates Program by removing Yourself as an Affiliate. Your continued access to Our referral program will be contingent on Your acceptance of Our updated Affiliate Terms. You should visit BA’s homepage regularly to ensure You are aware of any changes to the Affiliate Terms, as any revised Affiliate Terms shall supersede all previous Affiliate Terms.
12. Miscellaneous
(a) You represent and warrant to Us that:
(i) These Affiliate Terms constitutes Your legal, valid, and binding obligation, enforceable against You in accordance with the terms and conditions set-forth herein;
(ii) You have the full right, power, and authority to accept and be bound by these Affiliate Terms and to perform Your obligations under these Affiliate Terms, without the approval or consent of any other party;
(iii) You have sufficient right, title, and interest in and to the rights granted to Us in these Affiliate Terms; and,
(iv) YOU HAVE READ AND TAKEN INTO ACCOUNT THE LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER PROVISIONS OF THESE AFFILIATE TERMS PRIOR TO ACCEPTING THESE AFFILIATE TERMS.
(b) Independent Contractors. Each of us shall be deemed to be independent contractors with respect to the subject matter of these Affiliate Terms, and nothing contained in these Affiliate Terms shall be deemed or construed in any manner as creating any partnership, joint venture, employment, agency, fiduciary, or other similar relationship. You will not make any statement, whether on social media, on your site or otherwise, that contradicts or may contract anything in this paragraph.
(c) Assignability. You may not assign Your rights or obligations under these Affiliate Terms to any party, and any attempt to do so will be void and without effect. We are free to assign or reject any Affiliate Terms.
(d) Governing Laws. These Affiliate Terms shall be governed by the substantive laws of the State of California without reference to its choice or conflicts of law principles that would require the application of the laws of another jurisdiction, and shall be considered to have been made and accepted in the State of California. Any dispute that may arise in connection with these Affiliate Terms shall be resolved in accordance with our Terms of use.
(e) You may not amend or waive any provision of these Affiliate Terms unless in writing and signed by both of us.
(f) Entire Agreement. These Affiliate Terms represent the entire agreement between Us and You, and shall supersede all prior agreements and communications between us, oral or written.
(g) Headings and Titles. The headings and titles contained in these Affiliate Terms are included for convenience only, and shall not limit or otherwise affect the terms herein.
(h) Severability. If any provision of these Affiliate Terms 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 both of us is effectuated, and the remainder of these Affiliate Terms shall have full force and effect.