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Affiliate Terms and ConditionsBy signing up for the affiliate program, you agree to the below Terms and Conditions.This document describes the individual and mutual rights and responsibilities of both parties with regard to joint business participation as outlined below. The purpose of the agreement is mutual benefit, which in this agreement is defined as increased profitability and awareness for both parties. This agreement is by and between you the Affiliate and Excellerated Business Schools. Unless the context requires otherwise, Excellerated Business Schools shall be referred to as "us, we, or our" and you shall be referred to as "you, your or Affiliate." Only those agreements that have been accepted by us will be considered valid and in effect. Participation in the Affiliate Program shall indicate your acceptance of this Affiliate Program Agreement in its entirety. A. Commissions. We agree to pay you certain commissions as detailed on our website for referral sales made to clients. Commission schedule may be modified from time to time by Excellerated Business Schools in its sole discretion upon notice to Affiliate. You will be paid commissions only on sales to new contacts that are not already in our database and/or already linked to another affiliate. The commissionable value of products or programs will be the final price offered by us to the customers, and for which money is actually received, after all discounts, incentives, reductions, shipping fees, merchant card fees and promotions have been accounted. The "Commissions Due" is only payable once the commissionable items have been paid for in full and fulfilled and any money back guarantee period has expired. To be sure the clients referred by you are tracked effectively; clients must click on the affiliate web link exactly as provided by us. We are not responsible for human error or technical difficulties that occur when a person is registering while using your affiliate link. We shall not be liable to you for failure by you or by clients to properly use your affiliate web link, even if such failure results in the reduction of commission fees due to you under this Agreement. We will apply every effort to keep our website current and operational. However, technical difficulties may arise from time to time, resulting in temporary service interruptions. We will not be held responsible for such interruptions and any subsequent loss of affiliate commissions. B. Termination. We may terminate your account: (a) if you violate these Terms and Conditions; (b) promote Excellerated Business Schools® in a manner that is unethical or inappropriate; or (c) as our business needs dictate at our sole discretion. C. No Warranties. WE MAKE NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE Excellerated Business Schools AND ITS SUBCONTRACTORS PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, by not limited to, loss of data or service interruptions, regardless of cause or fault with respect to this agreement or to our Affiliate Program. We are not responsible for your lost revenue, profits or for your loss of data or information. You understand that Excellerated does not guarantee or predict any type of profit for Affiliate. Affiliate agrees to hold Excellerated harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which Excellerated and/or their assigns may become subject arising out of or relating in any way to the use of the services provided under this agreement, including, without limitation, in each case attorneys' fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities. D. Compliance. You agree: (1) to use our system in a manner that is ethical and in conformity with our standards; (2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property. 4) to accept commercial emails from us. No Agency. In entering into this agreement, you in no way become a partner, agent, representative or employee of us and may not represent yourself as such. You agree to file and remit to the appropriate governmental authority all taxes due on commissions received. You will limit your marketing and promotional materials to those supplied or approved by us. All materials supplied by us are copyright protected and cannot be duplicated without express written permission from us. Anything created outside of these materials must be approved by us prior to use. This includes, but is not limited to newspaper ads, newsletters, e-mail promotions and audio media. YOUR SERVICE WILL BE TERMINATED IMMEDIATELY AND WITHOUT WARNING SHOULD YOU USE OUR SYSTEM AS PART OF ANY BULK EMAIL CAMPAIGN. You may also be subject to fines and legal actions as a result of your bulk email promotion. E. Assignment. This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this agreement. We may assign this agreement at any time. F. Change of Terms and Conditions. We reserve the right to change the terms and conditions of this agreement as needed. You will be notified by email about any material changes to this agreement at which time you may withdraw upon receiving such notice. Withdrawal must be received in writing by us. Use of our servers/Web Site by you after said changes constitutes acceptance of those new terms and conditions. G. Notification of Changes. You agree to provide us with such other information relating to your affiliation as we deem necessary or desirable. You agree to notify us if your address, email address, telephone number, billing information changes. H. Notices. All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail. You are responsible for maintaining a current e-mail address via the affiliate website. We will not be responsible for e-mail communications not received by you. I. General Provisions. The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. In case of any discrepancy between this agreement and any previous written, verbal or online terms, this agreement shall take precedence. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. If an organization is the subscriber, the individual signing up for our services represents that he or she is duly authorized to enter into this agreement on behalf of that organization. In the event of a dispute, the parties agree to submit the matter to arbitration within San Diego County California, before instituting litigation. |







