Authorized Affiliates Program
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What are the Authorized Affiliates Program terms?
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The Authorized Affiliate Program terms of agreement are as follows:
1. Enrollment in the Program
To begin the enrollment process, you must review all of our affiliate
terms and FAQs. If you agree with all the terms within our affiliate
terms and FAQs, you can become a member and then submit a Web site
for approval into our affiliate program. We will evaluate your
application in good faith and will notify you of your acceptance or
rejection. We may reject your application if we determine
(in our sole discretion) that your site is unsuitable for the Program.
Unsuitable sites include those that:
- promote sexually explicit materials
- promote violence
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- promote illegal activities
- include "WOW Academy" or variations or misspellings thereof in their domain names
- include "Webmaster Certification" or variations or misspellings thereof in their domain names
- otherwise violate intellectual property rights
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If we reject your application, you are welcome to reapply to the Program
at any time. You should also note that if we accept your application and
your site is thereafter determined (in our sole discretion) to be
unsuitable for the Program, we may terminate this Agreement.
2. Links on Your Site
Once you have been notified that your site has been accepted into the
Program, you may add our affiliate link to your Web site. We will
provide you with guidelines and graphical artwork to use in linking to
our home page. To permit accurate tracking, reporting, and referral fee
accrual, we will provide you with special "tagged" link formats to be
used in all links between your site and our site. You must ensure that
each of the links between your site and our site properly utilizes such
special link formats. Links to our site placed on your site pursuant to
this Agreement and which properly utilize such special link formats are
referred to as "Special Links." You will earn referral fees only with
respect to activity on our site occurring directly through Special Links;
we will not be liable to you with respect to any failure by you to use
Special Links, including to the extent that such failure may result in
any reduction of amounts that would otherwise be paid to you pursuant to
this Agreement.
3. Order Processing
We will process Product orders placed by customers who follow Special
Links from your site to our site. We reserve the right to reject orders
that do not comply with any requirements that we may establish
periodically. We will be responsible for all aspects of order processing
and fulfillment. Among other things, we will prepare order forms, process
payments, cancellations, and returns, and handle customer service. We
will track sales made to customers who purchase Products by using Special
Links from your site to our site and will make available to you reports
summarizing this sales activity. The form, content, and frequency of the
reports may vary from time to time in our discretion.
4. Referral Fees
We will pay you referral fees on certain Product sales to third parties.
For a Product sale to be eligible to earn a referral fee, the customer
must follow a Special Link from your site to our site, select and
purchase the Product using our automated ordering system, accept delivery
of the Product at the shipping destination, and remit full payment to us.
We will not, however, pay referral fees on any Products that are
purchased after the customer has reentered our site (other than through
a Special Link), as determined by us, even if the customer previously
followed a link from your site to our site, or for Products that are
purchased through any device (an "Internet Access Appliance") that
provides Internet access but does not present our site, or permit users
to access and interact with our site, in the same manner as a desktop
computer (e.g., mobile devices such as cellular telephones or PDAs that
may access only limited or modified versions of our site). In addition,
Products listed in our catalog or in search results as "out of print" or
"hard to find" are not eligible for any referral fees. Gift certificates
and promotional codes are not eligible to earn referral fees.
In addition, you may not: (a) directly or indirectly offer any person
or entity any consideration or incentive (including, without limitation,
payment of money (including any rebate), or granting of any discount or
other benefit) for using Special Links on your site to access our site
(e.g., by implementing any "rewards" program for persons or entities who
use Special Links on your site to access our site); (b) post any Special
Links on any Web site or other platform that is accessible through any
Internet Access Appliance; (c) read, intercept, record, redirect,
interpret, or fill in the contents of any electronic form or other
materials submitted to us by any person or entity; (d) in any way modify,
redirect, suppress, or substitute the operation of any button, link, or
other interactive feature of our site; (e) make any orders or
subscription requests, or engage in other transactions of any kind on our
site on behalf of any third party, or authorize, assist, or encourage
any other person or entity to do so; (f) take any action that could
reasonably cause any customer confusion as to our relationship with you,
or as to the site on which any functions or transactions (e.g., search,
order, browse, and so on) are occurring; or (g) post or serve any
advertisements or promotional content around or in conjunction with the
display of our site (e.g., through any "framing" technique or technology
or pop-up windows), or assist, authorize, or encourage any third party to
take any such action. If we determine, in our sole discretion, that you
have engaged in any of the foregoing activities, we may (without limiting
any other rights or remedies available to us) withhold any referral fees
otherwise payable to you under this Agreement and/or terminate this
Agreement.
5. Referral Fee Schedule
You will earn referral fees based on Qualifying Revenues according to
referral fee schedules to be established by us. "Qualifying Revenues" are
revenues derived by us from our sales of Qualifying Products, excluding
costs for shipping, handling, gift-wrapping, taxes, service charges,
credit card processing fees, and bad debt. The current referral fee
schedule is:
You will receive 5% per qualifying purchase plus one affiliate point per
course purchased. If you collect 25 affiliate points in any one month,
you make a $100 US Bonus.* Once you collect 1000 affiliate points, you
become a Super Affiliate and receive 10% per qualifying purchase there after.
6. Referral Fee and Bonus Payment
We will pay you referral fees and bonuses on a monthly basis. Payments
are made 45 days after the close of the month. All commission payments
are in U.S. dollars and mailed to the address in your student record.
You are guaranteed an affiliate commission check each month you have
qualifying sales. In calculating referral fees, we will deduct the
corresponding referral fee from your next monthly payment if a Product
that generated a referral fee is returned by the customer. If there is
no subsequent payment, we reserve the right to send you a bill for the
referral fee.
7. Policies and Pricing
Customers who buy products through this Program will be deemed to be
customers of WOW Academy. Accordingly, all WOW Academy. rules,
policies, and operating procedures concerning customer orders, customer
service, and product sales will apply to those customers. We may change
our policies and operating procedures at any time. For example, we will
determine the prices to be charged for products sold under this Program
in accordance with our own pricing policies. Product prices and
availability may vary from time to time. We will use commercially
reasonable efforts to present accurate information, but we cannot
guarantee the availability or price of any particular product.
8. Identifying Yourself as an Affiliate
We will make available to you a small graphic image that identifies your
site as a Program participant. We may modify the text or graphic
image of this notice from time to time. You may not make any press
release with respect to this Agreement or your participation in the
Program without our prior written consent, which may be given or
withheld in our sole discretion. In addition, you may not in any manner
misrepresent or embellish the relationship between us and you, or express
or imply any relationship or affiliation between us and you or any other
person or entity except as expressly permitted by this Agreement
(including by expressing or implying that WOW Academy supports,
sponsors, endorses, or contributes money to any charity or other cause).
9. Limited License
We grant you a nonexclusive, revocable right to use the graphic image
and text described in Section 8 and such other images for which we grant
express permission, solely for the purpose of identifying your site as a
Program participant and to assist in generating Product sales. You may
not modify the graphic image or text, or any other of our images, in any
way. We reserve all of our rights in the graphic image and text, any
other images, our trade names and trademarks, and all other intellectual
property rights. You agree to follow our Trademark Guidelines, as those
guidelines may change from time to time. We may revoke your license at
any time by giving you written notice.
10. Responsibility for Your Site
You will be solely responsible for the development, operation, and
maintenance of your site and for all materials that appear on your site.
For example, you will be solely responsible for:
- the technical operation of your site and all related equipment
- ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
- ensuring that materials posted on your site are not libelous or otherwise illegal
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We disclaim all liability for these matters. Further, you will indemnify
and hold us harmless from all claims, damages, and expenses (including,
without limitation, attorneys' fees) relating to the development,
operation, maintenance, and contents of your site.
11. Term of the Agreement
The term of this Agreement will begin upon our acceptance of your Program
application and will end when terminated by either party. Either you or
we may terminate this Agreement at any time, with or without cause, by
giving the other party written notice of termination. Upon the
termination of this Agreement for any reason, you will immediately cease
use of, and remove from your site, all links to our site, and all
WOW Academy trademarks, trade dress, and logos, and all other materials
provided by or on behalf of us to you pursuant hereto or in connection
with the Program. You are eligible to earn referral fees only on our
sales of Qualifying Products that occur during the term, and referral
fees earned through the date of termination will remain payable only if
the related orders are not canceled or returned. We may withhold your
final payment for a reasonable time to ensure that the correct amount
is paid.
12. Modification
We may modify any of the terms and conditions contained in this Agreement,
at any time and in our sole discretion, by posting a change notice or a
new agreement on our site. Modifications may include, for example,
changes in the scope of available referral fees, referral fee schedules,
payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE
TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED
PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR
NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE
CHANGE.
13. Relationship of Parties
You and we are independent contractors, and nothing in this Agreement
will create any partnership, joint venture, agency, franchise, sales
representative, or employment relationship between the parties. You will
have no authority to make or accept any offers or representations on our
behalf. You will not make any statement, whether on your site or
otherwise, that reasonably would contradict anything in this Section.
14. Limitation of Liability
We will not be liable for indirect, special, or consequential damages
(or any loss of revenue, profits, 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
referral fees paid or payable to you under this Agreement.
15. Disclaimers
We make no express or implied warranties or representations with respect
to the Program or any products sold through the Program (including,
without limitation, warranties of fitness, merchantability,
noninfringement, or any implied warranties arising out of a course of
performance, dealing, or trade usage). In addition, we make no
representation that the operation of our site will be uninterrupted
or error-free, and we will not be liable for the consequences of any
interruptions or errors.
16. Miscellaneous
This Agreement will be governed by the laws of the United States and the
state of Florida, without reference to rules governing choice of laws.
Any action relating to this Agreement must be brought in the federal or
state courts located in Tallahassee, Florida, and you consent irrevocably
to the jurisdiction of such courts. You may not assign this Agreement, by
operation of law or otherwise, without our prior written consent. Subject
to that restriction, this Agreement will be binding on, inure to the
benefit of, and be enforceable against the parties and their respective
successors and assigns. 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.
17. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS
TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY
OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM
THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR
TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE
DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY
REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS
AGREEMENT.
*Note: WOW Academy employees and contract employees are not eligible for the
$100 Bonus payment.
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