Introduction and Welcome
FOREWORD
Our affiliates are very important to us. We want to treat both parties with respect and fairness. We simply ask the same consideration of you. This affiliate agreement is set up to formally address our relationship and protect your valuable work and our good name. So bear with us through this legal formality.
Please contact us if you have any questions or concerns.
admin@teaching-children-music.com
This is a legal document
AFFILIATE AGREEMENT
PLEASE READ THE ENTIRE AGREEMENT.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Teaching Children Music (www.teaching-children-music.com)
BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE Teaching Children Music AFFILIATE PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS LEGAL AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
Overview; Defining “Yours, mine and ours.”
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Teaching-Children-Music.com's Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site and our web site. Please note that throughout this Agreement, "we," "us," and "our" refer to Teaching-Children-Music.com, and "you," "your," and "yours" refer to the affiliate.
Our communication with you will be primarily electronic. For purposes of this agreement “written notice” shall include communication by email.
Application process on your end and my end.
You must submit a completed Affiliate Program Signup Form.
We will evaluate your application in good faith and will notify you of your acceptance or rejection in a timely manner. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for our Affiliate Program for any reason, including, but not limited to, inclusion of content that is, in our opinion, unlawful or otherwise does not meet our Acceptable Use Policy within this agreement. We may also reject your application if we cannot do business in your country of residence, something we will determine as the need arises based on current laws.
At our sole discretion and reasonable effort, we reserve the right to notify or to not notify any prospective affiliate of their rejection or removal from the Affiliate Program at any time.
You represent and warrant that:
- This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms
- You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
- You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
No website? No problem!
In the event that you do not have a website or blog, we will still consider an affiliate relationship on a case-by-case basis at our sole discretion. In this case, promotionary methods could include but would not be limited to social media promotion with proper disclosure notifications, offering affiliate coupon codes in person, and e-mail marketing.
We’ll make promotionary materials, which you may use as an affiliate.
If you qualify and agree to participate as an Affiliate, We will make available to you a variety of graphic and textual links and/or coupon codes (each of these links sometimes being referred to herein as "Links" or, individually, as a "Link"), which are subject to the terms and conditions hereof. The Links will serve to identify your site as an affiliate in our program and will establish a Link from your site or e-mail to ours. The Links may connect to any area of our site (although commissions will only be issued on Qualified Purchases). In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Links.
Upon request, we will issue you a 10% coupon code that when entered by a customer, will tie any purchases to you as an affiliate. These can be lifetime coupons or promotionary coupons at your discretion.
You are only entitled to use the Promotional Materials to the extent that you are a member in good standing of this Affiliate Program. You agree that all uses of the Promotional Materials will be on behalf of Teaching-Children-Music.com and the goodwill associated therewith will inure to the sole benefit of Teaching-Children-Music.com.
All Links may be modified and/or expanded from time to time throughout the term of this Agreement pursuant to the mutual agreement of the parties hereto. You are not allowed to post any refunds, credits or discounts, or other related content concerning Teaching-Children-Music.com, unless we have given you prior written permission in each instance. Affiliates may only use coupons and discounts that are provided exclusively through the Affiliate Program. Each Link connecting users of your site to our site will in no way alter the look, feel, or functionality of our site. Any violations of the terms surrounding links, coupons, refunds, credits or discounts shall constitute a material breach of this Agreement, and may result in your termination from the program or withholding of Commissions.
Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
We reserve the right, at any time, to review your placement and approve the use of your Links and require that you change the placement or use to comply with the guidelines provided to you.
I own the copyright to the promotionary materials. Don’t pretend to be me.
We retain all right, ownership, and interest in the Promotional Materials, and in any copyright, trademark, or other intellectual property in the Promotional Materials. Nothing in this Agreement shall be construed to grant Affiliate any rights, ownership or interest in the Promotional Materials, or in the underlying intellectual property, other than the rights to use the Promotional Materials granted under the License, as set forth.
Furthermore, you may not include “teaching children music” as variations or misspellings thereof as part of your domain name.
You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are us.
As an affiliate, you are not an employee and cannot speak for me. And there are no employee benefits whatsoever, so I won’t be paying your medical bills.
You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Teaching-Children-Music.com. 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 any other of your Sites or otherwise, that reasonably would contradict anything in this Section.
This is how we track and process referrals
We will process orders placed by Referred Customer who follow the Links from your website to our website. All aspects of order processing and fulfillment, including products and service, cancellation, processing, refunds and payment processing will be our responsibility. We will track the Qualified Purchases generated by your links and will make this information available to you through our website. To permit accurate tracking, reporting, and Commission accrual, you must ensure that the Links between your website and our website are properly formatted.
Each Referred Customer must sign up in a manner, which in our sole judgment, definitively establishes that the Referred Customer was referred directly from you to us under this Agreement.
In cases of multiple Affiliate Referrals, the last valid affiliate reference to us will be considered the referring affiliate, whether by but not limited to direct link, cookie, or affiliate coupon codes.
Referral Cookies will expire after 90 days.
Under the Affiliate Program, you will be paid a Commission Fee for each Qualified Purchase by a Referred Customer that you refer under and in accordance with the terms of this Agreement. Each Referred Customer and each Qualified Purchase must meet the following criteria (the "Criteria"):
Each Referred Customer must make a Qualified Purchase, and provide a valid payment for the purchased Products or Services. To generate a Commission Fee for you, each Referred Customer must be an active, qualified customer and must be up-to-date in all payments at the time the Commission Fees are processed and not have been subject to a refund, credit, cancellation, suspension or chargeback.
Each Referred Customer must remain in compliance with our Terms of Service, Acceptable Use Policy and other policies that are active at the time the Commission Fees are processed.
We reserve the right to suspend payment of Commission Fees at any time and indefinitely, if we suspect fraud or other improper activity or a potential breach of any of the terms in this Agreement by the Affiliate or a Referred Customer(s).
Show me the money -- $$$$:
Commissions.
In exchange for you sending potential customers to our website, and for your compliance with and performance of the terms and conditions of this Agreement, we shall pay you a commission in the amount of a percentage of product or service sold to a user that accesses our website through any of the Promotional Materials. We reserve the right to change commission percentages at any time. Notification of any change in commission percentage will be given to affiliates at the current email address on file. Commission will be based on purchases made by a user for any new and recurring purchases for the life of the registered user.
We will keep accurate and up-to-date records of the data used to determine the total amount of commissions owed to you. You shall be given reasonable access to these records upon request. Records are also available through the affiliate area on our website. You agree to file any tracking or commission disputes as well as any other disputes and discrepancies within 60 days after the end of the month in which the sale or event that is disputed occurred. Disputes filed after 60 days of the date on which the Qualified Purchase occurred will not be accepted and you forfeit forever any rights to a potential claim. Any discrepancy between the amount of Commissions owed according to these records, and the actual amount of Commissions paid in any period(s) shall be rectified by us within 14 days of discovering such discrepancy.
We shall pay all commissions accrued and payable to you within 7 days of the first day of each month (the “Commission Payment Date”). Commissions are held for a period of at least 30 days before Commission Payment Date from any purchase to protect us in the event of any chargeback or cancelation and subsequent refund that may occur. If on any Commission Payment Date, the amount of total Commissions accrued and payable to Affiliate is less than $10.00, then such accrued and payable balance shall be held over to the following month, and paid together with the Commissions due for that month.
Payment Gateways
We will make payments to active Stripe or PayPal accounts. Please refer to the individual payment gateway policies and requirements and countries of operation:
We are not responsible for any third-party fees charged by online processing, bank or other financial institute used to receive Affiliate Commission Fees.
Breach of Agreement
In the event that you materially breach this Agreement and we terminate this Agreement due to such breach, then any accrued and payable Commissions owing to you shall be forfeited, and we shall not be obligated to pay such Commissions.
Payment Breakdown
Electronic Products and Services Percentage
Qualified sale amount and subsequent commission percentage is based on the actual dollar amount of the sale after coupons are applied, but not accounting for sales tax. We will pay an increasing percentage of sales based on previous lifetime cumulative sales. You may not earn commissions by referring a sale to yourself.
Commission Percentage Tiers are as follows:
20% on sales $0-$200
30% on sales $201-$1,000
35% on sales $1001-$1,500
40% on sales $1,501-$2,000
45% on sales $2,001-$3,000
50% on sales $3,001+
Physical Products Percentage
Physical products percentage rates will be established at a later date. We currently do not have physical products, but reserve the right to pay a different commission percentage based on physical product sales.
Customer Ownership and Changes to Pricing
Referred Customers who buy our Products and Services through the affiliate program will be deemed to be our Customers. Accordingly, all of our rules, policies, and operating procedures concerning orders, service, and Products and Services 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 and Services sold under the Affiliate Network in accordance with our own pricing policies. Prices and availability of Products and Services may vary from time to time, from affiliate to affiliate, and from region to region. Because price changes may affect products that you have listed on your site, you may or may not be able to include price information in your product descriptions. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product or service. Please note that by signing up to be an Affiliate, you agree to both this Agreement and our Terms of Service.
Render unto Caesar that which is Caesar’s…
Taxes
Each Affiliate is required to submit a W8/W9 tax form in order to receive commission payments in excess of the US Federal reporting threshold (currently $600 annually).
You are responsible for the payment of all taxes related to the commissions you receive under this Agreement. In compliance with U.S. tax laws, we will issue a Form 1099 to Affiliates whose earnings meet or exceed the applicable threshold
If I can’t Pay You – I’m not keeping your money more than a year
You are responsible for informing us about changes to postal and e-mail addresses, as well as any changes to your name, email address, contact information, tax identification number, or other personal information that will impact our ability to issue a valid Commission payment.
Any payment and tax information changes must be made in the Affiliate profile online at least 15 business days prior to the end of the calendar month in order for Commission Fees for that month to be sent to the revised payment method.
In the case that we cannot issue a commission fee payment due to incorrect payment information or you have not provided proper tax information for us to pay above the US Federal Tax Threshold, we will make good faith effort to contact you and correct any missing information. We will hold any earned but un-payable commissions for a period of 1 calendar year, at which time any earned commissions will be forfeit.
Be good. Know the law, follow the law.
Without limitation, Affiliate's participation in the Program, and this Agreement, shall be deemed automatically terminated immediately and all commissions forfeited upon Affiliate's violation of any of the terms of this Agreement or of any applicable law or regulation having the force of law.
During the term of the Agreement, you will not include in your site content that is, in our opinion, unlawful, harmful, threatening, defamatory, obscene, harassing, graphically violent, solicitous of unlawful behavior, or racially, ethically, or otherwise objectionable or are in violation of our Terms of Service or Acceptable Use Policy.
Your site may not contain software downloads that potentially enable diversions of commission from other affiliates in our program.
It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third party rights.
You must clearly disclose that you are an affiliate.
It is our intent to treat our customers fairly and to comply fully with all Federal Trade Commissions regulations related to advertising. As such, we require our affiliates to comply with these regulations. This includes, but is not limited to, Federal Trade Commission 16 CFR Part 255: Guides Concerning the Use of Endorsements and Testimonials in Advertising, which requires, among other criteria, that material connections between advertisers and endorsers be disclosed. This means that directories, review/rating sites, blogs and other websites, email or collateral that purport to provide an endorsement or assessment of an advertiser must prominently disclose the fact financial or in-kind compensation is provided from the advertiser.
You are advised to seek and obtain your own legal advice on how these rules apply to your website or other promotional activities for which you receive compensation. We will make good faith effort to monitor and notify affiliates of any violations thereof.
We reserve the right to withhold commission fees and cancel the affiliate relationship with you should we determine, at our discretion, that you are not in compliance with FTC regulations/guides we deem relevant.
More information about the FTC Disclosure requirements is available at:
Information on social media policies:
You or I can end our agreement at any time. We must tell each other if we decide to break up.
Termination
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
Term
- This Agreement shall take effect immediately, and shall remain in full force and effect indefinitely, or until terminated pursuant to this Section.
- Either Party shall have the right to terminate this Agreement at any time and for any cause. The terminating Party must give written notice to the other Party at least 30 days prior to the intended date of termination.
- If a breach of this agreement has not occurred, and upon receiving termination written notice, we will calculate any earned but un-paid commission and pay that after a 30 day waiting period has past.
This agreement may be altered in the future, but I’ll let you know.
Modification
We may modify any of the terms and conditions contained in this Agreement at any time in our sole discretion. Such modifications shall take effect when posted on our site. We reserve the right to notify you by e-mail and further reserve the right to withhold notification of any changes made to this Agreement. Modifications may include, but are not limited to, changes in the scope of available Commissions, Commission amounts/percentages, payment procedures, Commission Fee payment schedules, and Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement. your continued participation in the Affiliate Program following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change.
Changes will be documented on our site, with a record of old affiliate agreements kept for at least a year.
No spamming.
Prohibited forms of advertising
You are free to promote your own web sites, but naturally any promotion that mentions Teaching-Children-Music.com could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by us. For example, advertising commonly referred to as "spamming" is unacceptable to us. You must abide by the CAN-SPAM Act of 2003. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote us so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote us so long as the news group specifically welcomes commercial messages.
At all times, you must clearly represent yourself and your web sites as independent from Teaching-Children-Music.com. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
You’re not going to sue me.
Indemnification
You hereby agree to indemnify and hold harmless us and our subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, its development, operation, maintenance and content therein not attributable to us.
Can you keep a secret?
Confidentiality
Any information that you are exposed to by virtue of relationship with us under this Agreement, which information is not available to the general public, shall be considered to be “Confidential Company Information.” You may not disclose any Confidential Company Information to any person or entity, except where compelled by law, unless you obtain prior written consent for such disclosure from us.
Acceptable Use Policy
You agree to use our website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content or disrupting the normal flow of dialogue within our website.
You must not use our website to send unsolicited commercial communications. You must not use the content on our website for any marketing related purpose without our express written consent.
I’m not liable for any loss associated with this agreement.
Limitation of Liability
WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE AFFILIATE 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 AFFILIATE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT DURING THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
Big words like this are not part of the agreement.
The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
If any parts of the contract aren’t enforceable, the rest of the contract is still valid.
Severability
If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
This agreement as it stands now is the whole enchilada.
This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
Other odd ends.
Miscellaneous
Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
The agreement is governed by Utah law.
Governing Law
The laws of the United States and the State of Utah will govern this Agreement, 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 Uintah County, Vernal, Utah and you irrevocably consent 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 a provision or any other provision of this Agreement.
I INDICATE MY APPROVAL OF THIS AGREEMENT AND DESIRE TO BECOME AN AFFILIATE UNDER THESE TERMS AND CONDITIONS BY COMPLETING AND SUBMITTING THE AFFILIATE PROGRAM SIGNUP FORM, BY SUBMITTING PROPOSED REFERRED CUSTOMERS OR QUALIFYING PURCHASES TO US UNDER OUR AFFILIATE PROGRAM AND/OR BY COLLECTING AND COMMISSION FEES FROM US.
Disclaimer
Disclaimers
We make no express or implied warranties or representations with respect to the Affiliate Program or any Product and Service sold through the Affiliate Program (including, without limitation, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF 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, including the tracking of information about Referred Customers during the period of interruption.
This file was last modified on October 29, 2015.