Terms and Conditions: Affiliate Partners
TERMS & CONDITIONS OF THE ACADEMY'S AFFILIATE PARTNERS
This Affiliate Agreement (“Agreement”) contains the complete Terms and Conditions between Affiliate (“the Affiliate”) and Verwick Online Education Limited of 57/63 line wall road, Gibraltar; together (“the Parties”).
1.1 In completing the Affiliate Sign-up Form, and, subsequently marketing and referring new Members to Verwick Online Education Limited, affiliate agrees to be bound by all the Terms and Conditions set out in this Agreement.
1.2 The Affiliate must provide true and complete information to us at all times; including but not limited to, Affiliate’s contact information, payment instructions, nationality, residency, location, and any other information that Verwick Online Education Limited may request.
1.3 On Affiliate’s acceptance of this Agreement by completing the Sign-up Form, Verwick Online Education Limited will automatically become your counter-party to this Agreement.
2. Marketing Code and Rules ("the Code")
2.1 Any marketing activities done by Affiliate for Verwick Online Education Limited must be in accordance with this document and you acknowledge our right to terminate, change, modify and /or withdraw any type of marketing activity if in, our reasonable opinion, the marketing activity does not comply with the Code, any applicable law and/or the Terms and Conditions. If the situation is not rectified to our reasonable satisfaction within the given time period, Verwick Online Education Limited shall be entitled to terminate this Agreement without further notice.
2.2 The Code shall not be seen or understood as an exhaustive set of rules; Affiliate is obliged to market the Verwick Online Education Limited site in the light of any other set of rules, applicable laws and instructions applicable to the specific marketing situation.
2.3 Affiliate shall not publish, advertise and/or promote in any manner whatsoever, through any channel, medium and/or activities that:
• encourages anyone to contravene any law; or
• exceeds the limits of decency; or
2.4 Affiliate shall when publishing intellectual property such as trademarks, marks, texts, content and logos and/or pictures or photographs reproducing or visualizing intellectual property or individuals in any manner whatsoever, through any medium and in any place secure and assure that you have obtained the permission to use such material from the owner of the intellectual property or the individual.
2.5 Affiliate has no right or authority to assume or to create any contractual obligation or responsibility for and on behalf of Verwick Online Education Limited.
2.6. Affiliate shall consult with Verwick Online Education Limited before the launch of any marketing activity if in any doubt about how the marketing activity acts in accordance with to the Code.
2.7 Affiliate may market to and refer potential Members to Verwick Online Education Limited at Affiliate’s own expense. Affiliate will be solely responsible for the costs arising from the preparation of content and Affiliate’s marketing activities.
2.8 Affiliate is only allowed to advertise Verwick Online Education Limited through approved marketing activities. The use of spam e-mails or advertising on adult web sites is strictly forbidden. If Verwick Online Education Limited finds that Affiliate has participated in such activities, Verwick Online Education Limited reserves the right to close Affiliate’s account immediately and withhold all earnings and remaining funds on account(s).
3. Affiliate Commission
3.1 Commission payable to the Affiliate is 30% of attributable Net Revenue.
3.2 Verwick Online Education Limited reserves the right to withhold affiliate payments and/or suspend or close accounts where affiliated customers are found to be abusing any of our offers or promotions whether with or without the affiliates knowledge.
4.1 All New Members that use an Affiliate unique tracking code will automatically be tagged to the Affiliate.
4.2 A "New Member" is defined as a new user without a prior account with www.lexvandam.com and no previous record of their email address, or other details that Verwick Online Education Limited deem to show connection between accounts, that opens a new user account. If the beneficial owners of Affiliate or their relatives become New Members, Affiliate will not be eligible to receive the relevant commission. Verwick Online Education Limited measurements and calculations in relation to the number of New Members and the relevant Revenue figures shall be the sole and authoritative tool, and shall not be open to review or appeal.
4.3 Verwick Online Education Limited will track and report Member activity for purposes of calculating Affiliate’s Affiliate commission. Affiliate will be provided a web interface allowing Affiliate to follow sales generated from the Affiliate’s traffic activity. Normally all the data will be updated at least every day.
5.1 All commissions are paid on a quarterly basis to the Affiliate’s designated bank account, no later than 30 days after the end of each calendar month. However, if the balance of the Commission due to the Affiliate in respect of any quarterly report is less than £200, such Commission will be carried over into subsequent months until the thresholds have been reached.
5.2 Verwick Online Education Limited reserves the right to freeze pay-outs if investigations regarding fraud or abuse needs to be conducted before the commission can be determined.
5.3 If paid Charge Backs exceed the amounts paid to the Affiliate, the Net Losses will be carried forward to the next month.
5.4 If the Affiliate disagrees with the monthly settlement report or amount payable, no payment for such amount should be accepted and a written notice of the disputed amount should immediately be sent to Verwick Online Education Limited. Dispute notices must be received within sixty (60) days of the end of each period for which payment is made, or the Affiliate’s right to dispute such report or payment will be deemed waived.
5.5 The Affiliate bears the sole responsibility to report revenues and pay taxes (if applicable) to local authorities. Verwick Online Education Limited takes no responsibility whatsoever toward local authorities.
6. Term and Termination
6.1 This Agreement will take effect when Affiliate completes the Affiliate Sign-up Form, and will continue until terminated by either Party.
6.2 This Agreement is not limited in time and is extended for as long as both Parties fulfill their obligations and neither of the Parties has terminated the Agreement.
6.3 Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party notice of termination. Such notice shall be may made in writing and can be sent via email to [email protected]
6.4 This Agreement can be terminated by Verwick Online Education Limited without any notice if Affiliate ceases promoting Verwick Online Education Limited services.
6.5 If this Agreement is terminated Affiliate should immediately remove all links, marks and logos, etc., from Affiliate’s website.
7. Rights and Obligations
7.1 Members tagged to the Affiliate will remain tagged to the Affiliate as long as this Agreement is valid unless otherwise agreed between the Parties. If the ownership of Verwick Online Education Limited changes, the obligations under this Agreement shall be honoured by the new owners.
7.2 Verwick Online Education Limited reserves the right to transfer its rights and obligations according to this Agreement to another party, after notice to the Affiliate. Such notice will be considered given after the Terms and Conditions for Affiliates have been updated on www.lexvandam.com or written notice given to the Affiliate.
7.3 This Agreement and the rights and obligations hereunder may not be assigned by you without Verwick Online Education Limited written consent.
7.4 All information, including but not limited to email addresses, customer personal details, business and financial data and information, lists of customers shall be treated confidentially. These details must not be used for the Affiliate's own commercial or other purposes, nor communicated to any third party for any reason.
8.1 We do not guarantee that our system, network, software or hardware will be error free or operated without disturbances.
8.2 The obligations of Verwick Online Education Limited under this Agreement do not constitute personal obligations of the directors, officers, employees or shareholders of Verwick Online Education Limited or any related company or partner. Any liability arising under this Agreement will be satisfied solely from the revenues generated hereunder. Liability of Verwick Online Education Limited is limited to direct damages, and in no event will we be liable for any indirect, special, incidental, consequential or punitive loss, injury or damage of any kind.
8.3 You acknowledge that you have read this Agreement and agree to all its terms and conditions.
9.1 Verwick Online Education Limited reserves the right to modify any of the terms of this Agreement at any time, in our sole discretion, by either emailing you a change notice or by posting the new version of the Agreement on www.lexvandam.com. It is your responsibility to visit the website frequently to make sure you are up to date with the latest version of the Agreement and its provisions. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program following posting or notice of change will be deemed binding acceptance of the modification.
9.2 All notices pertaining to this Agreement shall be given to Verwick Online Education Limited in writing by email to [email protected] Notices to the Affiliate will be sent to you at the email address provided in your Affiliate Account.
9.3 The validity of this Agreement, its construction, interpretation, and enforcement, and the rights of the Parties hereto will be determined in accordance with the laws of the Gibraltar.
BY SUBMITTING THE SIGN-UP FORM YOU EXPRESSLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.