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This agreement describes the entire terms and conditions for participation in The English Essentials Affiliate Program. In this agreement, the term "Participant" refers to you (the applicant), and "sponsoring website" refers to the website from which you will link to English Essentials. Wherever the agreement refers to "you" or "your", it means "the Participant"; "we" or "our" refer to English Essentials and the terms "product" or "products" refers to the English Essentials Rapid Learning, Instant Results Community Membership. You can add or remove links at any time: You may add as many links to English Essentials, or remove such links, at anytime and without prior approval from English Essentials. Referral Fee Qualifying Products And Means: The Rapid Learning, Instant Results Community Membership is purchased by people originating from your web site, email, newsletter etc originating from a special link provided by English Essentials to you. There will be no referral fee from sales which do not originate from a special link provided by English Essentials to you. Referral Fee Amount: A Referral Fee is a
commission generated from sales from your special URL assigned
to you by English Essentials. Referral Fee Payment: English Essentials will send a referral fee check for the applicable referral fee approximately 15 days after the 1st of each calendar month. A minimum of AUD$50 will be issued. If Referral Fees do not total AUD$50 for a given month, the Referral Fees will be brought forward until a minimum of AUD$50 is reached. If is it never reached, no Referral Fees will be issued. Returns and Cancellations: If a referral fee qualifying product is later returned by the customer, its referral fee will be deducted from the next monthly payment sent to the Participant. If there is no next monthly payment, the Participant will be billed. Order Processing: English Essentials will be solely responsible for processing every order placed by a customer following a special link from your sponsoring website. Order entry will use English Essentials secure online ordering process, English Essentials Fax number or the English Essentials mailing address. Order forms, payment processing, shipping, cancellations, returns, and related customer service are the responsibility of English Essentials. All of the rules, operating procedures and policies of English Essentials regarding customer orders and accounts will apply to orders we receive through special links on your sponsoring website. English Essentials reserves the right to reject any order that does not comply with our rules, operating procedures and policies. Tracking of Sales: English Essentials will be solely responsible for tracking sales we make to customers who follow special links from the sponsoring website. The Participant will be solely responsible for ensuring that these special links are formatted properly, a necessary prerequisite to tracking such sales. Statements of course sales activity will be provided to the Participant in real time with a special URL that they are assigned. Promotional Techniques: You are free to promote the link to English Essentials in all the ways we recommend in the introduction email letter you receive by email immediately after you sign up. Examples of acceptable ways to promote the course are: through banners, text links, letters of recommendation to newsletters subscribers or your client base. However, if you use SPAM (in any way, shape or form, including email and newsgroup spamming), your account will be immediately terminated! Any referral fees not paid up to the point of termination will not be paid to you and will be property of English Essentials. As well, if you choose to promote the English Essentials Sub Reseller Program, it can only be promoted as a two-tier business opportunity. This program is not a MLM (multi-level marketing) opportunity and as an affiliate, you cannot promote it as MLM. If you promote the English Essentials Affiliate Program as MLM your account will be immediately terminated. Any referral fees not paid up to the point of termination will not be paid to you and will be property of English Essentials. References/Testimonials: You agree to cooperate with English Essentials in the development of joint press releases and testimonials. You further agree that you will allow us to use your company name in marketing collaterals and make reference to you on our website. Associates Signing-Up Under Themselves: We will not tolerate current associates signing themselves up as sub-associates under their own assigned referral number in order to generate the additional commissions for their own sales. We have extensive tracking software in place to deter this. If we find that this ever the case, the account(s) in question will be immediately terminated and any referral fees unpaid since our last referral payout will remain sole property of English Essentials. Copyrighted material: As the Participant, you are solely responsible for ensuring that your reviews, course descriptions and articles (if applicable at your site) obey all applicable copyright and other laws. You must have express permission to use another party's copyrighted material. English Essentials will not be responsible if you use another party's copyrighted material in violation of the law. The English Essentials policy applies to all orders: Every customer who buys a product through this program is deemed to be a customer of English Essentials. The Participant does not have the authority to make or accept any offer on behalf of English Essentials. All English Essentials’ policies regarding customer orders, including product availability, pricing and problem resolution, will apply to these customers. English Essentials is not responsible for any representations made by the Participant which contradict our policies. Product prices and availability: The price charged for every product sold under this program will be determined by English Essentials according to our own pricing policies. In case of any price discrepancies, the price charged to the customer will always be the price listed on the English Essentials web page linked from your sponsoring website. Product availability can change, and English Essentials will present the best information available to all sponsoring sites and its clients regarding product availability. Website service interruption: English Essentials will make every effort to keep its website operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The Participant agrees not to hold English Essentials liable for any of the consequences of such interruptions. Term of the Agreement: The Participant may receive referral fee payments on qualifying orders that are placed during the term of this agreement. This term will begin on the date that your application is approved by English Essentials, and shall end when cancelled by either party as provided below. Referral Fees earned through the date of expiration or cancellation of this agreement will remain payable only if the products are not returned or cancelled from their orders. Payment of the final referral fee payment to the Participant may be withheld for a reasonable time in order to ensure that the correct amount is paid. The agreement may be modified: English Essentials reserves the right to change any of the terms and conditions in this agreement, at any time and in its sole discretion, by posting a new agreement on our website. Cancellation of this agreement: Either English Essentials or the Participant, acting in their sole discretion, may choose to cancel this agreement at any time by written notice of cancellation to the other.
Warranty Disclaimer: English Essentials makes no warranties, representations or conditions with regard to the program or, except as expressly set forth in English Essentials’ then current product sales policies, any products sold thereunder, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade. Limitation of Damages: English Essentials shall have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the program, even if English Essentials has been advised of the possibility of such damages. Further, English Essentials’ aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total referral fees paid or payable by English Essentials to Participant under this agreement. Miscellaneous: Participant and English Essentials are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Participant shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of English Essentials. Subject to the foregoing restriction, this agreement is binding upon, insures to the benefit of and is enforceable by the parties and their respective successors and assigns. Governing Law: This agreement shall be governed by the laws of Australia.
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