AFFILIATE TERMS AND CONDITIONS
Verbalicity Affiliate Agreement
1. Introduction
This agreement describes the terms and conditions for participation in the Verbalicity affiliate program. In this agreement, the term “Affiliate” refers to you (the applicant). In this agreement, Verbalicity refers to the website and product owner (Verbalicity Inc., including but not limited to the URL http://www.verbalicity.com).
2. Enrollment
To enroll in the affiliate program, you must complete the affiliate registration form and be approved. All registrations will be reviewed and successful affiliates will be notified of their acceptance status by email.
Verbalicity reserves the right to refuse access to the Affiliate Program to anyone for any reason at any time.
3. Affiliate Links / Creatives
You will be issued a special URL once you become an approved member of the Verbalicity Affiliate Program which will be unique to you and you only, and will allow you to be paid for affiliate referrals. We also provide graphical banners and pictures (“Creatives”) that are linked to your affiliate URL. These can be found in the Affiliate Area of your Verbalicity account.
4. Commission
Affiliates will receive a percentage of the revenue as a commission from orders placed through properly coded Affiliate links. The specific percentage will be displayed in the Affiliate area of your Verbalicity account. Commissions may change at our discretion.
For a sale to generate a commission to an Affiliate, the customer must first register for and complete a trial lesson. After the trial lesson, the customer must place an order for additional lessons and remit full payment through the Verbalicity website.
Verbalicity offers tracking cookies of 30 days. Customer purchases made after 30 days of clicking the Affiliate Link will not be awarded commission. If the customer deletes the cookies in their browser, the Affiliate will not be awarded a commission.
Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links and creatives. To properly code links and creatives are the sole responsibility of the Affiliate.
5. Payment
Verbalicity pays affiliates via a PayPal account, provided to us when an Affiliate joins. If the PayPal email changes, it is the responsibility of the Affiliate to make sure their Verbalicity account accurately reflects this to ensure proper commission payments. We will not resend payments returned due to incorrect payment email addresses.
6. Qualifying Sites
Verbalicity reserves the right to refuse any site entry into the Verbalicity Affiliate Program based on site content. Sites that do not qualify for the Affiliate Program include sites which:
– Promote sexually explicit materials
– Promote violence
– Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
– Promote illegal activities
– List coupon codes or discounts that were NOT officially provided to them by Verbalicity Inc.
– Infringe or otherwise violate any copyright, trademark, or other intellectual property rights of Verbalicity Inc. or any other site…
7. Prohibited Usage
Verbalicity strictly prohibits affiliates from using spam e-mail and other forms of Internet abuse (including spamming forums, blogs, twitter, facebook and other social media outlets) to seek sales. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Affiliate Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
Affiliates MAY NOT use the Verbalicity logo, website branding/imagery or discuss Verbalicity in a way that misrepresents or embellishes their relationship between with Verbalicity, for example: indicate that we have an official partnership, say you develop our products, say you are part of Verbalicity Inc.
Verbalicity, may undertake, at its sole discretion and with or without prior notice, the following enforcement actions:
Account Termination: Upon the receipt of information regarding prohibited usage, Verbalicity may investigate the incident, and if necessary, will then terminate the affiliate account of the individual implicated in the abuse. Termination results in the immediate closure of the member and affiliate account, the loss of all referrals, and the forfeiture of any unpaid money on account.
8. Relationship of Parties
Affiliates are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliates have no authority to make or accept any offers or representations on our behalf. Affiliates should not quote pricing information because our prices change from time to time.
9. Term and Termination
The term of this Agreement will begin when you accept and will end when terminated by either party. Either Verbalicity or the Affiliate may terminate this Agreement at any time, with or without cause. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate’s Web Site, all links to the Verbalicity websites, and all Verbalicity trademarks and logos, other Verbalicity marks and all other materials provided in connection with this program.
10. Limitation of Liability
Verbalicity will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to the affiliate under to this Agreement.
11. Disclaimers
We make no express or implied warranties or representations with respect to the Affiliate Program or an affiliate’s potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of the websites or the Affiliate links will be uninterrupted or error-free, and Verbalicity will not be liable for the consequences of any interruptions or errors.
12. Alteration
We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available referral fees, fee schedules, payment procedures and Affiliate Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM, it will be considered as your acceptance of the change.
13. Miscellaneous
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
By signing up with the Verbalicity Affiliate Program, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.
This is the current version of the Affiliate Agreement, which was last updated on February 1, 2017