These Terms and Conditions of Online Courses, which incorporate by reference the Terms and Conditions of Website Use and which are subject to any Additional Online Terms and Conditions (if any) (together, the “Online Terms”), apply to the sale of any Online Course. Please read the Online Terms carefully before purchasing an Online Course and print off a copy for your records. By ordering an Online Course, you are confirming your agreement to be bound by the Online Terms.
1. Online Course Provider
1.1 The Online Courses are provided by Advanced Canine Education (hereinafter referred to as “ACE”, “we” or “us”),
1.2 We will use our reasonable endeavors to provide the Online Courses advertised by ACE.
1.3 We will provide the Online Courses using reasonable care and skill.
1.4 We may appoint independent sub-contractors to assist in providing Online Courses or use third parties to arrange or supply certain aspects of, or services in connection with, our Online Courses. You agree that our obligation to you is to use reasonable care in selecting competent, independent sub-contractors and third party suppliers to provide reasonable services related to the Online Courses. You agree that ACE is not responsible for the actions or omissions of such sub-contractors or third party suppliers.
2.1 Capitalised terms used herein (and not otherwise defined) have the following meanings:
“Additional Study Materials” means any Online Study Materials or Physical Study Materials not included in the Course Fee.
“Additional Online Terms and Conditions” means any additional terms and conditions relating to an Online Course agreed in writing by ACE with a particular student;
“Brochure” means any online or hard copy material produced by ACE that provides detailed information with respect to the Online Courses;
“Course Fee” means the fee payable for an Online Course but excludes any delivery charges payable in relation to the delivery of Course Materials, if applicable, and any import duties, taxes and customs clearances which may be payable;
“Course Materials” means the materials provided by ACE in the course of the delivery of any Online Course, which may be (i) Online Study Materials and/or (ii) Physical Study Materials;
“On Demand Online Course” means an online course which does not have a predetermined start date and is available for study by you immediately following delivery by ACE;
“Online Course” means either an On Demand Online Course or a Scheduled Online Course provided by ACE;
“Online Study Materials” means any material in an electronic format which may be (i) downloaded from the Website or (ii) accessed and viewed on the Website, including, but not limited to, PDFs, MP3s, JPEGs, MPEG4s and MOVs;
“Physical Study Materials” means any material in a physical format, including, but not limited to, DVDs, CD Rom, Blu-ray, and Audio CDs;
“Scheduled Online Course means an online course which is only available for access by you on a predetermined start date;
“Terms and Conditions of Website Use” means the terms and conditions pursuant to which you may access the Website and which can be found [here].
“Website” means www.advancedcanineeducation.com or any other domain operated by ACE; and
“you” means the individual purchasing the Online Course.
2.2 The use of singular words herein also include the plural.
3. Purchasing and Confirmation
3.1 In order to purchase an Online Course you must provide the required information and pay the amount specified. You must ensure that all information provided is complete and accurate.
3.2 When you place an order for an Online Course, you are offering to purchase that Online Course on the Online Terms.
3.3. A legally binding agreement shall only come into existence once:
(a) ACE has accepted your offer to purchase an Online Course by sending you an order confirmation email which will provide you with a link to access the Online Course, along with log on details (if applicable); and
(b) ACE has received from you (or on your behalf) either (i) the entire Course Fee in cleared funds, if you choose to pay for the Online Course with a one-off lump-sum payment in accordance with Clause 4.3(a); or (ii) the first installment of the Course Fee in cleared funds, if you choose to pay for the Online Course in installments in accordance with Clause 4.3(b).
3.4 The Online Terms, together with your purchase offer and the order confirmation email, constitute the entire agreement between us (the “Contract”) and supersedes and replaces any other terms and conditions previously published by us and any other understanding, undertaking, representation, warranty, arrangement, promise or statement of any nature whatsoever made by us to you, whether oral, written or otherwise, relating to the subject matter of the Online Terms. You acknowledge that you have not relied on any understanding, undertaking, representation, warranty, arrangement, promise or statement made or given by us or on our behalf, which is not set out in the Contract.
3.5 You must check the details on the order confirmation email when you receive it. If there are any errors please contact us immediately at [email protected].
3.6 Where your order consists of multiple Online Courses, each individual Online Course will be treated by ACE as a separate offer to purchase. Acceptance of your offer to purchase one or more of the Online Courses will not be an acceptance by ACE of your offer to purchase any other Online Courses which make up your order.
3.7 We reserve the right, in our sole and absolute discretion and without the need to give a reason, to refuse to accept an offer to purchase one or more Online Courses. In such circumstances, no contract will arise and we will return any payment accompanying your purchase offer.
3.8 Before a Contract comes into existence between you and us, we reserve the right to increase or decrease the advertised Course Fee for an Online Course and/or to amend any of the information contained in the Online Course description. We also reserve the right to withdraw at any time Online Courses advertised for sale on the Website and/or in any Brochure.
4.1 The Course Fee for any Online Course at any given time and any additional delivery charges payable in relation to the delivery of Course Materials, if applicable, will be displayed on the Website and/or in a Brochure and/or will be notified to you by ACE.
4.2 The prices quoted are inclusive of VAT. Any currency conversion costs or other charges incurred in making a payment shall be borne by you, and shall not be deductible from the amounts due to ACE.
4.3 Unless otherwise specified in respect of a particular Online Course, the Course Fee is payable either:
(a) with a one-off lump-sum payment, payable with your purchase offer; or
(b) in installments, with payments being due at certain times over a set period of time, as specified on the Website and/or in a Brochure and/or as notified to you by ACE, with the first installment being payable with your purchase offer. Subsequent installments will be automatically deducted from the debit/credit card you used to pay for the first installment.
4.4 By choosing to pay the Course Fee in instalments in accordance with Clause 4.3(b), you agree that:
(a) it is your responsibility to ensure that the instalment payments are made on the due dates;
(b) ACE and/or its service providers are authorized to collect the installment payments from the debit/credit card you used to pay for the first installment when such installments become due and payable;
(c) you will inform us by email at [email protected] if you change your debit/credit card or if your debit/credit card expires or is no longer valid prior to your next installment becoming due and payable;
(d) any failure to make payment of an instalment when due and payable constitutes a breach of the Contract and:
(i) unless otherwise agreed in writing by ACE, will result in you losing the right to pay by installments and all outstanding installment amounts will become immediately due and payable; and
(ii) without prejudice to any other rights it may have, ACE may suspend or cancel your access to the Online Course until the remaining installment amounts are paid in full;
(e) subject to Clause 5.2, where ACE takes action under Clause 4.4(d)(ii), you will not be entitled to a refund of any amount already paid; and
(f) if you cancel your order in accordance with Clause 5.1 or Clause 5.2, you shall only be entitled to a refund of any amount paid prior to such cancellation.
4.5 The option of paying the Course Fee in installments is offered subject to availability. Acceptance of your offer to purchase the Online Course and pay the Course Fee by installments is at the sole discretion of ACE. ACE may withdraw the option of paying the Course Fee in installments at any time in its sole discretion. Any such withdrawal shall not affect customers who have already purchased an Online Course and are paying the Course Fee in installments at the date of such withdrawal.
4.6 The total amount paid for any Online Course may differ depending on whether the Course Fee is paid for with a one-off lump sum payment or in instalments.
4.7 Where the Course Fee is paid for:
(a) with a one-off lump sum payment, payments will be accepted by:
(ii) credit card (including Visa, MasterCard and American Express) or debit card (including Visa Electron, Delta and Maestro);
(b) in instalments, payments will only be accepted by credit card (including Visa, MasterCard and American Express) or debit card (including Visa Electron, Delta and Maestro
4.8 In the unlikely event that your purchase offer was accepted at a time when the amount of the Course Fee displayed on the Website and/or in any Brochure is incorrect, ACE will notify you as soon as it reasonably can. If the correct amount of the Course Fee is higher than the amount displayed on the Website and/or in any Brochure, then ACE will contact you to notify you of the correct Course Fee, so you can decide whether or not you wish to continue with your order of the Online Course at the increased Course Fee. If you decide that you would like to cancel your order, ACE will give you a full refund in respect of any amount you have already paid. If the correct Course Fee is lower, Frontier ACE will refund you the difference between the amount which you have paid and the correct Course Fee payable.
5. Cancellation and Deferral
5.1 Subject to Clause 5.6, under the Consumer Protection (Distance Selling) Regulations 2000 (“Distance Selling Regulations”) you may cancel your purchase of an Online Course within a period of 7 working days beginning on the day after the day on which the Contract is concluded with you as notified by the order confirmation email from ACE and the course content is not used yet. For further details of your rights under the Distance Selling Regulations you can visit your local Citizens’ Advice Bureau or visit the Office of Fair Trading website.
5.2 In addition to your rights under the Distance Selling Regulations, subject to Clauses 5.6 and 5.8, ACE also offers the following refund and deferral policy on its Online Courses:
(a) pursuant to our 30 day money-back guarantee, you may cancel your order within 30 calendar days after ACE sends you an order confirmation email which provides you with a link to access the Online Course for a full refund if you didn't access the course materials yet; or
(b) you may defer the start date of your Online Course or change to another Online Course at any time up to 7 days prior to the relevant start date, subject to availability on your chosen Online Course and upon payment by you of any difference in the Course Fees payable for the two courses and a USD25 charge to cover administration costs plus VAT where applicable.
5.3 ACE may cancel any Online Course at any time prior to its scheduled termination date. If ACE cancels an Online Course prior to its scheduled termination date, you will be entitled to a pro rata refund of the Course Fee.
5.4 If you or ACE cancel an Online Course in accordance with Clauses 5.1, 5.2 or 5.3 (as relevant), ACE will refund the relevant portion of the Course Fee to you via your original method of payment (less the relevant delivery charges as set out Clause 5.5 below) within 28 days of receiving your notice of cancellation/giving notice to you of such cancellation.
5.5 If you cancel an Online Course within a period of 7 working days in accordance with Clause 5.1, ACE will deduct from any refund of your Course Fee the cost of any delivery charges paid by ACE in relation to the return of any Physical Study Materials, if applicable, by you to ACE. If you cancel an Online Course in accordance with Clause 5.2, ACE will deduct from any refund of your Course Fee the cost of all applicable delivery charges, including delivery charges paid to deliver the Physical Study Materials to you.
5.6 You may cancel or defer your order pursuant to Clauses 5.1 or 5.2 by email, post or telephone using the contact details that are set out at the end of the Online Terms. Notice will be deemed to be given in accordance with the time period set out in Clause 18.8.
5.7 If Physical Study Materials accompany your Online Course and these have been dispatched to you prior to you cancelling your place on the Online Course then you must return them to ACE at the address set out in Clause 19 in a reasonable and resalable condition (for audio, video or software products this means in the sealed package in which they were delivered). Any Physical Study Materials returned to ACE will be at your own risk. You must obtain proof of postage, which you may be required to produce in the event of any query. You will be responsible for payment of any delivery charges incurred in returning the Physical Study Materials to ACE.
5.8 ACE reserves the right to withhold payment of part or all of your Course Fee refund until all Physical Study Materials have been returned to ACE in accordance with Clause 5.7 or if the Physical Study Materials are not returned in a re-saleable condition. Please note that audio, video or software products cannot be returned if you have removed them from the sealed package in which they were delivered. ACE will deduct from any refund of part of all of your Course Fee the retail price of any Physical Study Materials which cannot be returned or which are not returned in a re-saleable condition.
5.9 If Physical Study Materials accompany your Online Course and these have been dispatched to you prior to you deferring your place on the Online Course, ACE will be under no obligation to provide you with any revised or updated Physical Study Materials relating to your deferred Online Course and any additional Physical Study Materials required by you will need to be purchased by you prior to commencing your deferred Online Course.
5.10 You will not be entitled to any refund if you cancel your order at any time after the period of time set out in Clause 5.2(a). Your statutory rights in the event of receiving faulty goods are not affected.
6. Physical Study Materials (if applicable)
6.1 Where Physical Study Materials accompany the Online Course and they are supplied by ACE, a delivery charge may be payable by you to ACE. The details of any delivery charges will be set out on the Website and/or in any relevant Brochure and/or will be notified to you by a ACE customer services representative. ACE will post the Physical Study Materials to the person and address you give ACE at the time you make your order.
6.2 When Physical Study Materials are sent to you outside of Finland, you may be subject to import duties and taxes, which are levied once the goods reach the specified destination. Any additional charges for customs clearance must be borne by you. ACE has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when you order goods (including Physical Study Materials) from ACE, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.
6.3 Risk of damage to, or loss of, any Physical Study Materials shall pass from ACE to you on delivery. Ownership of the Physical Study Materials will pass to you on the later of receipt of payment by ACE in full of all sums due to ACE in respect of the Physical Study Materials, and, delivery of the Physical Study Materials to you.
6.4 ACE must be notified of any queries, complaints or incomplete or incorrect deliveries within 14 days of you receiving the Physical Study Materials. If you do not notify ACE within this time period, ACE will not be obliged to correct your order and will not be responsible for any loss or damage suffered by you as a result.
7. Additional Study Materials (if applicable)
7.1 Additional Study Materials may be available as an add-on to an Online Course. A charge may be payable for such Additional Study Materials (as set out in the information relating to the Additional Study Materials) and the delivery of such Additional Study Materials to you.
7.2 Any payment for Additional Study Materials (if applicable) and any delivery charges payable in relation to the delivery of Additional Study Materials, if applicable, will be accepted by the same methods as set out in Clause 4.7 above.
8. Online Course content and Access terms
8.1 The description of the Online Course on the Website and/or in any relevant Brochure will set out details of the contents of the available Online Courses.
8.2 Except as set out in the description of the Online Course on the Website and/or in any relevant Brochure, no additional Course Materials and/or tuition (either online, face to face or classroom) will be provided by ACE.
8.3 Upon receipt of an order confirmation email from ACE, you will be notified of when you will have access to the Online Course purchased and for the length of time such access will be made available to you, unless any such Online Course is removed.
8.4 The receipt of an Online Course is personal to you and, unless otherwise agreed by ACE pursuant to Additional Terms and Conditions, you may not share or transfer your rights to access the Online Course or provide an Online Course to any other person.
8.5 You may incur charges to your internet service provider while you are accessing and/or downloading the Course Materials. Charges may also be payable to third parties for use of the software necessary to access and/or download the Course Materials. You are responsible for paying any such charges.
8.6 You acknowledge that ACE operates a zero tolerance policy in relation to inappropriate behavior of students. In particular, abusive or violent behavior directed at ACE's staff or other students and unfair or dishonest practices will not be tolerated under any circumstances. ACE may, in its reasonable discretion and without liability or an obligation to refund any Course Fee, refuse to supply any Online Course to any student who engages in inappropriate behavior.
8.7 We reserve the right to monitor IP addresses that are used to access the Course Materials and, if a student if found to be in contravention of the access rules (set out in Clauses 8.4, 14.3 and 18.3), we may terminate a student’s access to the Online Course and the Course Material. In such circumstances, no refund will be given.
9. Modifications to Online Courses or technology enhancements
9.1 From time to time, ACE may make modifications or enhancements to the Online Courses. You will have access to such changes free of charge only to the extent that such changes relate to the Online Course purchased by you.
9.2 Purchase of a current Online Course does not entitle you to have access to future revised Online Courses as part of the original purchase.
10. Technical Support and Access
10.1 If you are unable to access an Online Course, ACE will use reasonable endeavors to provide a solution where ACE has direct control over the system, software or settings involved. If the issue lies with your hardware, systems, software or settings thereof, ACE may, in its discretion, provide assistance to you to help you resolve the issue but we cannot guarantee that any assistance provided will resolve your issue.
10.2 You accept and acknowledge that periods of downtime may be required in respect of the information technology infrastructure connected to the Website and that technical assistance may not be available during such periods of downtime. Further you accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability.
10.3 ACE will use reasonable endeavors to make the Online Course available but cannot guarantee uninterrupted, timely or error free availability or that defects will be corrected. ACE reserves the right to suspend access to the Website for the purpose of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of the Website.
10.4 You also accept and acknowledge that ACE cannot be held responsible for any delay or disruptions to your access to the Online Course as a result of such suspension or any of the following:
(a) the operation of the internet and the world wide web, including but not limited to viruses;
(b) any firewall restrictions that have been placed on your network or the computer you are using to access the Online Course;
(c) failures of telecommunications links and equipment; or
(d) updated browser issues.
11.1 ACE will provide the Course Materials in accordance with the Online Course description, which is set out on the Website and/or in any relevant Brochure.
11.2 ACE expects you to take reasonable care to verify that the Online Course and Course Materials in question will meet your needs. ACE does not make any commitment to you that you will obtain any particular result from your use of the Online Course or Course Materials or that you will obtain any particular qualification on completion of the Online Course (unless otherwise stated on the Website and/or in any relevant Brochure).
11.3 ACE does not make any representation, guarantee or commitment to you that the Online Course or Course Materials will be error free.
11.4 ACE does not make any commitment that the Online Course or Course Materials will be compatible with or operate with your software or hardware.
11.5 All representations, warranties and/or terms and/or commitments not expressly set out in the Online Terms (whether implied by law, conduct, statute or otherwise) are hereby excluded to the maximum extent permissible at law.
12. Limitation of liability
12.1 The exclusions and limitations of liability contained in the Online Terms do not apply to a party’s liability: (i) for fraud or wilful default; (ii) for death or personal injury caused by its negligence; or (iii) where such limitation or exclusion cannot lawfully be excluded.
12.2 Except as set out in the Online Terms, ACE shall not be responsible for losses that result from its failure to comply with the Online Terms including, but not limited to, losses that fall into the following categories:
(a) indirect or consequential losses;
(b) loss of income or revenue;
(c) loss of business;
(d) loss of anticipated savings; or
(e) loss or corruption of data.
12.3 ACE is not responsible to you for any data that you lose either (a) as a result of accessing the Online Course or the Online Study Materials; or (b) during completion of any Online Course via the Website. It is your responsibility to ensure that you regularly save and back up (i) all data which you hold on the computer from which you are accessing the Online Course and the Online Study Materials; and (ii) all data that you are inputting when completing the Online Course.
12.4 Save as otherwise set out in this section “Limitation of liability”, ACE’s maximum aggregate liability to you for any claims that you may have against ACE for direct loss in contract, tort or otherwise arising out of or in connection with the Online Terms, the Online Course, your use of the Course Materials and any technical support shall be limited to the amount of the Course Fee which has been paid, or is payable, by you.
12.5 ACE will not be held responsible for any delay or failure to comply with its obligations under the Online Terms if the delay or failure arises from any cause which is beyond ACE's reasonable control. This condition does not affect your statutory rights.
12.6 Each provision in this Clause 12 shall be construed separately as between you and ACE. If any part is held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part thereof was deleted such provision shall apply but with such modification as may be necessary to make it valid and effective.
The Online Courses are for educational and informational purposes only. ACE will not accept any responsibility to any party for the use of the Online Course or Course Materials for any purpose other than training for educational purposes, including but not limited to, the giving of advice by you to any third party.
14. Intellectual Property
14.1 At all times, ACE and/or its licencors, remain the owner of the intellectual property in the Online Courses and the Course Materials. Other than as specified below, no Online Course and/or Course Materials, nor any part of it may be reproduced, stored in a retrieval system or transmitted in any form or by any means without the prior written permission of ACE.
14.2 In consideration of receipt by ACE of the entire Course Fee (if you have chosen to pay for the Online Course with a one-off lump sum payment) or the first installment of the Course Fee (if you have chosen to pay for the Online Course in installments), ACE grants to you a non-exclusive, non-transferable licence to access the Online Course and use the Course Materials content for the sole purpose of studying for the Online Course. For Online Study Materials, the licence granted is to use the Online Study Materials by an individual student only.
14.3 Save as expressly set out in the Online Terms or as otherwise agreed by ACE pursuant to Additional Online Terms and Conditions, you may not modify, copy, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way the Online Course or any of the Course Materials. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the Online Study Materials or create derivative works based on the whole of or any part, or which incorporate, the Online Study Materials into any software program. Access to the Online Course and use of the Course Materials not expressly permitted in the Online Terms is strictly prohibited and will constitute an infringement of either ACE’s copyright or ACE’s other intellectual property rights, and/or the copyright or other intellectual property rights of ACE’s licencors.
15. Data Protection
15.2 In the event that you do not wish to receive marketing correspondence from ACE, a written request or email should be sent to the contact details set out in Clause 19.
16. Changes by Us
16.1 An Online Course description constitutes only an indication of what the Online Course is planned to accomplish. The Online Course description does not form part of the Contract between you and us. We will use our reasonable endeavours to provide an Online Course as described.
17. Inconsistency of Terms
17.1 If there is any conflict between these Terms and Conditions of Online Courses, any applicable Additional Online Terms and Conditions and the Terms and Conditions of Website Use, the conflict shall be resolved according to the following order of priority;
1. the Additional Online Terms and Conditions;
2. the Terms and Conditions of Online Courses; and
3. the Terms and Conditions of Website Use.
18.1 ACE reserves the right to recover any reasonable debt collection costs in connection with the Online Terms.
18.2 ACE may update or amend the Online Terms from time to time to comply with law or to meet its changing business requirements or to correct any errors without notice to you. Any updates or amendments will be posted on the Website.
18.3 You may not assign or sub-contract any of your rights or obligations under the Online Terms to any third party unless agreed to by ACE pursuant to Additional Online Terms and Conditions.
18.4 ACE may assign, transfer or sub-contract any of its rights or obligations under the Online Terms to any third party at its discretion.
18.5 No failure or delay by ACE in exercising any right or remedy under the Online Terms shall operate as waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy. Any waiver must be agreed by ACE in writing.
18.6 If any of the Online Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of the Online Terms shall remain in full force and effect.
18.7 Any notices required to be served on you by ACE under the Online Terms will be deemed properly served if emailed or posted to the email address or address notified by you to ACE, respectively. Any notices required to be served on ACE by you will be deemed properly served if sent by email or post to the address set out in Clause 19.
18.8 A notice sent by post is deemed to be given on the day it was posted as evidenced by the sender. A notice sent by email is deemed to be given on the day it was sent.
18.9 The Contract between you and ACE will be concluded in English only.
18.10 The Contract between you and ACE is not intended to be for the benefit of any third party, and shall not be exercised by any other person under the Contract (Rights of Third Parties) Act 1999 or otherwise.
18.11 The Online Terms, and any other matters arising out of or in relation to the Online Terms, are governed by and construed in accordance with the laws of Finland. You agree to submit to the exclusive jurisdiction of the Finnish courts to settle any disputes which may arise out of or in connection with the Online Terms.
19. Contact us
We can be contacted by any of the means set out below.
Email: [email protected]
Post: Huhdanojantie 191, 16300 Orimattila, Finland
Partnership Program T&C
Effective Date: October 16th, 2020
Primary Website: www.advancedcanineeducation.comTHE AGREEMENT: This Affiliate Agreement (hereinafter called the "Agreement") isprovided by the following organization, hereinafter referred to as "Company": AdvancedCanine Education.
Our primary website is located at the address listed above. TheAgreement is a legal document between you and the Company that describes theaffiliate relationship we are entering into. This Agreement covers your responsibilities asan affiliate and our responsibilities to you. Please ensure you read and understand theentirety of this document, as well as have a lawyer's assistance if you desire, becauseeach of the terms of this Agreement are important to our working relationship.
1) DEFINITIONSThe parties referred to in this Agreement shall be defined as follows:a) Company, Us, We: As we describe above, we'll be referred to as the Company.Us, we, our, ours and other first-person pronouns will also refer to the Company, aswell as all employees or legal agents of the Company.b) You, the Affiliate: You will be referred to as the "Affiliate." You'll also be referredto throughout this Agreement with second-person pronouns such as You, Your, orYours.c) Parties: Collectively, the parties to this Agreement (the Company and You) will bereferred to as "Parties" or individually as "Party."d) Affiliate Program: The program we've set up for our affiliates as described in thisAgreement.e) Affiliate Application: The fully completed form which must be provided to us forconsideration of your inclusion in the Affiliate Program.f) Website: The primary website we've noted above will be referred to as Website.
2) ASSENT & ACCEPTANCEUsers enrolling in one of our free or paid information products are automatically enrolled in our partnership program.
Alternatively, by submitting an application to our Affiliate Program. Upon enrollment, you warrant that you have readand reviewed this Agreement and that you agree to be bound by it. If you do not agreeto be bound by this Agreement, please leave the website immediately and do not submitan application to our Affiliate Program. This Agreement specifically incorporates byreference any Terms of Conditions, Privacy Policies, End-User License Agreements, orother legal documents which we may have on our website.
3) AGE RESTRICTIONYou must be at least 18 (eighteen) years of age to join our Affiliate Program or use thisWebsite. By submitting an application to our Affiliate Program, you represent andwarrant that you are at least 18 years of age and may legally agree to this Agreement.The Company assumes no responsibility or liability for any misrepresentation of yourage.
4) PROGRAM SIGN-UPFree and paid users are automatically signed up when they enter their email address. An account will be created where they can access the requested products. If we choose not to allow your inclusion in the Affiliate Program,we will attempt to notify you in a reasonable manner.
We are not obligatedto provide you any explanation for your rejection, but please be advised we may rejectapplicants for any reason or manner, including but not limited to a website or socialmedia page which violates our Acceptable Use Policy.If your Affiliate Application is cancelled, you may not reapply. If your Affiliate Application isaccepted, each of the terms and conditions in this Agreement applies to yourparticipation. We may also ask for additional information to complete your AffiliateApplication or for you to undertake additional steps to ensure eligibility in the AffiliateProgram.
5) NON-EXCLUSIVITYThis Agreement does not create an exclusive relationship between you and us. You arefree to work with similar affiliate program providers in any category. This agreementimposes no restrictions on us to work with any individual or company we may choose.
6) AFFILIATE PROGRAMAfter your acceptance in the Affiliate Program, you must ensure your account is set upthoroughly, including specific payout information and location (such as a bank or onlineaccount which we may use to post payment).Please be advised the below is a general description of the Affiliate Program.Everything contained in this subsection is subject to the specific terms andconditions throughout the rest of this Agreement.We will provide you with a specific link or links which correspond to certain products weare offering for sale (collectively, the "Link"). The Link will be keyed to your identity andwill send online users to the Company's website or websites. You hereby agree to fullycooperate with us regarding the Link and that you will explicitly comply with all of theterms of this Agreement for the promotion of the Link at all times. We may modify thespecific link or links and will notify you if we do so. You agree to only use links which areprior approved by us and to display the Link prominently on your website or social mediapage, as described in your Affiliate Application (collectively, the "Affiliate Site").Each time a user clicks through the Link posted on the Affiliate Site and completes thesale of the product or service and we determine it is a Qualified Purchase, as describedbelow, you will be eligible to receive the following specific amount: $25 USD (twenty-five US Dollars) or $100 (one hundredUS dollars).
Users of our "Basic Partnership" receive a commission of $25, users of our "Premium Partnership" receive $100 commission.
7) SPECIFIC TERMS APPLICABLEWe will determine whether payout is permissible in our sole and exclusive discretion. Wereserve the right to reject clicks and/or sales that do not comply with the terms of thisAgreement.Processing and fulfillment of orders will be our responsibility. We will also provide realtime data regarding your account with us through the portal on which you log into thewebsite.As described above, in order to be eligible for payout, user purchases must be "QualifiedPurchases." Qualified Purchases:a) Must not be referred by any other partner or affiliate links of the Company (inother words, Qualified Purchases are only available through your specific AffiliateLink;b) May not be purchased by an already-existing partner or affiliate of the Company;c) May not be purchased prior to the Affiliate joining the Affiliate Program;d) May only be purchased through a properly-tracking Affiliate Link;e) May not be purchased by a customer in violation of any of our legal terms orAcceptable Use Policy;f) May not be fraudulent in any way, in the Company's sole and exclusive discretion;g) May not have been induced by the Affiliate offering the customer any coupons ordiscounts;
h) The payout is only available when a new users enrolls in our "Premium Program).
8) PAYOUT INFORMATIONPayouts will only be available when the Company has your current address informationas well as accounting and tax documentation. You may be asked to submit a W8/W9 taxform. Accounting information may include the routing and account number of a bankwhere you wish to post a direct deposit or may include an email address for an onlinemethod of payment.Currently, the Company employs the following methods of payout:PaypalFor any changes in your address or accounting information, you must notify usimmediately and we will endeavor to make the changes to your payout information assoon as possible.
Payouts will be available the month or period after they accrue. For example, if payoutsare made every 30 days, an entire 30 day period must finish for the payout of that periodto be available in the following period.
We have a 30-day refund policy on our products. Refunded products do not count towards your commission. Therefore, your commission will be paid at least 30 days after you received the commission.
Example: Commissions accumulated in the month June, will be paid out at the start of August.We explicitly reserve the right to change payout information in our sole and exclusivediscretion. If we do so, you will be notified.Payouts are also subject to the following restriction:
a) Payouts are only available after you have been working with us at least thefollowing amount of time: 30 days.For any disputes as to payout, the Company must be notified within thirty days of yourreceipt of the payout. We will review each dispute notification as well as the underlyingpayout transaction to which it is related. Disputes filed after thirty days of payout will notbe addressed.
9) REPORTSYou may log into your account with us to review reports related to your affiliation, suchas payout reports and Qualified Click and/or Purchase information. Please be advisedhowever, that not all listed qualifying clicks and/or purchases have been fully reviewedfor accuracy in the reports viewable by you in real-time and therefore may be subject tochange prior to payout.
10) TERM, TERMINATION & SUSPENSIONThe term of this Agreement will begin when we accept you into the Affiliate Program. Itcan be terminated by either Party at any time with or without cause.You may only earn payouts as long as you are an Affiliate in good standing during theterm. If you terminate this Agreement with us, you will qualify to receive payouts earnedprior to the date of termination.If you fail to follow the terms of this Agreement or any other legal terms we have postedanywhere on our website or websites, you forfeit all rights, including the right to anyunclaimed payout.We specifically reserve the right to terminate this Agreement if you violate any of theterms outlined herein, including, but not limited to, violating the intellectual propertyrights of the Company or a third party, failing to comply with applicable laws or otherlegal obligations, and/or publishing or distributing illegal material.At the termination of this Agreement, any provisions that would be expected to survivetermination by their nature shall remain in full force and effect.
11) INTELLECTUAL PROPERTYYou agree that the intellectual property owned by the Company includes all copyrights,trademarks, trade secrets, patents, and other intellectual property belonging to theCompany ("Company IP").Subject to the limitations listed below, we hereby grant you a non-exclusive, nontransferable, revocable license to access our websites in conjunction with the AffiliateProgram and use the Company IP solely and exclusively in conjunction with identifyingour company and brand on the Affiliate Site to send customers to the Affiliate links weprovide. You may not modify the Company IP in any way and you are only permitted touse the Company IP if you are an Affiliate in good standing with us.We may revoke this license at any time and if we find that you are using the Company IPin any manner not contemplated by this Agreement, we reserve the right to terminatethis Agreement.Other than as provided herein, you are not permitted to use any of the Company IP orany confusingly similar variation of the Company IP without our express prior writtenpermission. This includes a restriction on using the Company IP in any domain orwebsite name, in any keywords or advertising, in any metatags or code, or in any waythat is likely to cause consumer confusion.Please be advised that your unauthorized use of any Company IP shall constituteunlawful infringement and we reserve all of our rights, including the right to pursue aninfringement suit against you in federal court. You may be obligated to pay monetarydamages or legal fees and costs.You hereby provide us a non-exclusive license to use your name, trademarks andservicemarks if applicable and other business intellectual property to advertise ourAffiliate Program.
12) MODIFICATION & VARIATIONThe Company may, from time to time and at any time, modify this Agreement. Youagree that the Company has the right to modify this Agreement or revise anythingcontained herein. You further agree that all modifications to this Agreement are in fullforce and effect immediately upon posting on the Website and that modifications orvariations will replace any prior version of this Agreement, unless prior versions arespecifically referred to or incorporated into the latest modification or variation of thisAgreement. If we update or replace the terms of this Agreement, we will let you know viaelectronic means, which may include an email. If you don't agree to the update orreplacement, you can choose to terminate this Agreement as described below.
a) To the extent any part or subpart of this Agreement is held ineffective or invalidby any court of law, you agree that the prior, effective version of this Agreementshall be considered enforceable and valid to the fullest extent.b) You agree to routinely monitor this Agreement and refer to the Effective Dateposted at the top of this Agreement to note modifications or variations. You furtheragree to clear your cache when doing so to avoid accessing a prior version of thisAgreement.
13) RELATIONSHIP OF THE PARTIESNothing contained within this Agreement shall be construed to form any partnership,joint venture, agency, franchise, or employment relationship. You are an independentcontractor of the Company and will remain so at all times.
14) ACCEPTABLE USEYou agree not to use the Affiliate Program or our Company for any unlawful purpose orany purpose prohibited under this clause. You agree not to use the Affiliate Program inany way that could damage our websites, products, services, or the general business ofthe Company.a) You further agree not to use the Affiliate Program:I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;II) To violate any intellectual property rights of the Company or any third party;III) To upload or otherwise disseminate any computer viruses or other software thatmay damage the property of another;IV) To perpetrate any fraud;V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;VI) To publish or distribute any obscene or defamatory material;VII) To publish or distribute any material that incites violence, hate, or discriminationtowards any group;VIII) To unlawfully gather information about others.8/12
15) AFFILIATE OBLIGATIONS & FTC COMPLIANCEYou are responsible for ensuring operation and maintenance of the Affiliate Site,including technical operations, written claims, links, and accuracy of materials. You mustensure, as noted above, that the Affiliate Site does not infringe upon the intellectualproperty rights of any third party or otherwise violate any legal rights.We may monitor your account, as well as clicks and/or purchases coming through youraccount. If we determine you are not in compliance with any of the terms of thisAgreement, we have the right to immediately terminate your participation in the AffiliateProgram.We require all of our Affiliates to comply with all applicable statutes, regulations, andguidelines set by the federal government, through the Federal Trade Commission, aswell as state and local governments as mandated. The Federal Trade Commissionrequires that affiliate relationships, such as the relationship between you and theCompany, be disclosed to consumers.We recommend that you seek independent legal counsel to advise you of ourobligations to disclose in this manner.You are required to post a conspicuous notice on your website regarding the AffiliateProgram. The notice does not have to contain the precise words as the example givenbelow, but should be similar:We engage in affiliate marketing whereby we receive funds through clicks to our affiliateprogram through this website or we receive funds through the sale of goods or serviceson or through this website. We may also accept advertising and sponsorships fromcommercial businesses or receive other forms of advertising compensation. Thisdisclosure is intended to comply with the US Federal Trade Commission Rules onmarketing and advertising, as well as any other legal requirements which may apply.We also require you to comply with any and all applicable data privacy and security lawsand regulations, including all of those which may impact your country of residence oryour visitors. Such regulations include, but are not limited to, any applicable laws in theUnited States or the General Data Protection Regulation of the European Union. Wealso require that you implement adequate organizational and technical measures toensure an appropriate level of security for the data that you process. Further, you herebyagree to comply with any requests which we may make to you regarding compliancewith the General Data Protection Regulation or requests which you may receive fromdata subjects.
If we find you are not in compliance with any of the requirements of this subpart, we mayterminate our relationship with you at our sole and exclusive discretion.
16) REVERSE ENGINEERING & SECURITYYou agree not to undertake any of the following actions:a) Reverse engineer, or attempt to reverse engineer or disassemble any code orsoftware from or on any of our websites or services;b) Violate the security of any of our websites or services through any unauthorizedaccess, circumvention of encryption or other security tools, data mining orinterference to any host, user or network.
17) DATA LOSSThe Company does not accept responsibility for the security of your account or content.You agree that your participation in the Affiliate Program is at your own risk.
18) INDEMNIFICATIONYou agree to defend and indemnify the Company and any of its agents (if applicable)and hold us harmless against any and all legal claims and demands, includingreasonable attorney's fees, which may arise from or relate to your use or misuse of theAffiliate Program, your breach of this Agreement, or your conduct or actions. You agreethat the Company shall be able to select its own legal counsel and may participate in itsown defense, if the Company wishes.
19) SPAM POLICYYou are strictly prohibited from using the Affiliate Program for illegal spam activities,including gathering email addresses and personal information from others or sendingany mass commercial emails.
20) ENTIRE AGREEMENTThis Agreement constitutes the entire understanding between the Parties with respect tothe Affiliate Program. This Agreement supersedes and replaces all prior orcontemporaneous agreements or understandings, written or oral.
21) SERVICE INTERRUPTIONSThe Company may need to interrupt your access to the Affiliate Program to performmaintenance or emergency services on a scheduled or unscheduled basis. You agreethat your access may be affected by unanticipated or unscheduled downtime, for anyreason, but that the Company shall have no liability for any damage or loss caused as aresult of such downtime.
22) NO WARRANTIESYou agree that your use of the Affiliate Program is at your sole and exclusive risk andthat any services provided by us are on an "As Is" basis. The Company herebyexpressly disclaims any and all express or implied warranties of any kind, including, butnot limited to the implied warranty of fitness for a particular purpose and the impliedwarranty of merchantability. The Company makes no warranties that the AffiliateProgram will meet your needs or that it will be uninterrupted, error-free, or secure. TheCompany also makes no warranties as to the reliability or accuracy of any information.You agree that any damage that may occur to you, through your computer system, or asa result of loss of your data from your use of the Affiliate Program is your soleresponsibility and that the Company is not liable for any such damage or loss.
23) LIMITATION ON LIABILITYThe Company is not liable for any damages that may occur to you as a result of yourparticipation in the Affiliate Program, to the fullest extent permitted by law. The maximumliability of the Company arising from or relating to this Agreement is limited to onehundred ($10) US Dollars. This section applies to any and all claims by you, including,but not limited to, lost profits or revenues, consequential or punitive damages,negligence, strict liability, fraud, or torts of any kind.
24) GENERAL PROVISIONS:A) LANGUAGE: All communications made or notices given pursuant to thisAgreement shall be in the English language.B) JURISDICTION, VENUE & CHOICE OF LAW: Through your participation in theAffiliate Program, you agree that Finland shall govern any matter or disputerelating to or arising out of this Agreement, as well as any dispute of any kind thatmay arise between you and the Company, with the exception of its conflict of lawprovisions. In case any litigation specifically permitted under this Agreement isinitiated, the Parties agree to submit to the personal jurisdiction of the state andfederal courts of the following county: Finland. The Parties agree thatthis choice of law, venue, and jurisdiction provision is not permissive, but rathermandatory in nature. You hereby waive the right to any objection of venue, includingassertion of the doctrine of forum non conveniens or similar doctrine.
C) ARBITRATION: In case of a dispute between the Parties relating to or arising outof this Agreement, the Parties shall first attempt to resolve the dispute personallyand in good faith. If these personal resolution attempts fail, the Parties shall thensubmit the dispute to binding arbitration. The arbitration shall be conducted in thefollowing county: Finland. The arbitration shall be conducted by a singlearbitrator, and such arbitrator shall have no authority to add Parties, vary theprovisions of this Agreement, award punitive damages, or certify a class. Thearbitrator shall be bound by applicable and governing Federal law as well as the lawof Finland. Each Party shall pay their own costs and fees. Claims necessitatingarbitration under this section include, but are not limited to: contract claims, tortclaims, claims based on Federal and state law, and claims based on local laws,ordinances, statutes or regulations. Intellectual property claims by the Company willnot be subject to arbitration and may, as an exception to this subpart, be litigated.The Parties, in agreement with this subpart of this Agreement, waive any rights theymay have to a jury trial in regard to arbitral claims.
D) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not beassigned, sold, leased or otherwise transferred in whole or part by you. Should thisAgreement, or the rights granted hereunder, by assigned, sold, leased or otherwisetransferred by the Company, the rights and liabilities of the Company will bind andinure to any assignees, administrators, successors, and executors.
E) SEVERABILITY: If any part or subpart of this Agreement is held invalid orunenforceable by a court of law or competent arbitrator, the remaining parts andsubparts will be enforced to the maximum extent possible. In such condition, theremainder of this Agreement shall continue in full force.
F) NO WAIVER: In the event that we fail to enforce any provision of this Agreement,this shall not constitute a waiver of any future enforcement of that provision or of anyother provision. Waiver of any part or subpart of this Agreement will not constitute a
waiver of any other part or subpart.G) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and subparts underthis Agreement are for convenience and organization, only. Headings shall notaffect the meaning of any provisions of this Agreement.H) FORCE MAJEURE: The Company is not liable for any failure to perform due tocauses beyond its reasonable control including, but not limited to, acts of God, actsof civil authorities, acts of military authorities, riots, embargoes, acts of nature andnatural disasters, and other acts which may be due to unforeseen circumstances.I) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications arepermitted to both Parties under this Agreement, including email or fax. For anyquestions or concerns, please email us at the following address:[email protected].