The purpose of this Agreement is to set forth the terms and conditions under which Affiliate Partner agrees to refer potential clients, customers, or business opportunities to Recipient Partner in exchange for compensation.
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1.1 In these Terms & Conditions the following terms shall have the following meanings:
- "Business Day"
means any day other than Saturday or Sunday that is not a bank or public holiday;
- "Cancellations Policy"
means our cancellations policy which can be found at myfedtrainer.com/terms;
- "Commencement Date"
means the date of your acceptance;
- "Commission Rate"
means the percentage of commission paid on net sales revenue set out in Sub-clause 11.2;
- "Confidential Information"
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- "Current Term"
means the Term that the Parties may be in at any given time;
- "Direct Referral"
means a sale of a Service Package to a customer who has been led to our website through your website where that customer can be tracked directly from your site to ours without any further intermediaries;
- "Intellectual Property Rights"
means any rights subsisting in a copyright work, trade mark, patent or design and shall be construed in accordance with the Copyright Designs and Patents Act 1988, Trade Marks Act 1994 and Patents Act 1977;
- "Registered Email Address"
means the email address of the Affiliate as provided in your Registration Data;
- "Registration Data" means the information provided by the Affiliate when registering for enrolment in the Program;
- "Service Package" means a particular set of services available from us through our website as defined in Clause 7; and
- "Term" means the term of the Agreement, as defined in Clause 17 of these Terms & Conditions, during which you shall participate in the Program under the terms and conditions set out in the Agreement.
Affiliate agrees to:
- Identify
and refer potential clients, customers, or business opportunities ("Affiliates")
to Recipient Partner.
- Provide
all relevant details about the referral to Recipient Partner, including
contact information and a brief description of the potential opportunity,
in a timely manner.
As compensation for the referrals made, Recipient Partner
agrees to pay Affiliate Partner the following:
- Affiliate
Fee: A percentage of the total revenue or a flat fee of 10% for each referral
that results in a closed deal or transaction.
- The Affiliate
fee shall be paid within 30 days of the Recipient Partner receiving
payment from the referral.
The Parties agree to follow the following process for
Referrals:
● Affiliate
Partner will submit a referral through the specific link associated with the
Affiliate Partner’s business and funds will be transferred into the Affiliate
Partner’s account.
● Recipient
Partner will acknowledge receipt of the referral within five business days.
● The
referral will be tracked by LearnWorlds, the Recipient Partner’s learning
management system, and updated regularly by the Parties.
This Agreement does not obligate Recipient Partner to engage
with any referral or to enter into any agreements with the referral. Recipient
Partner retains the sole discretion to determine whether to pursue any business
opportunities referred under this Agreement.
This Agreement is non-exclusive. Both Parties are free to engage in referral arrangements with other entities, individuals, or businesses during the term of this Agreement.
Both Parties agree to maintain the confidentiality of any
confidential or proprietary information received from the other Party during
the course of this Agreement. This obligation shall survive the termination of
the Agreement.
●
Term: This Agreement shall commence on the date first written above and continue until terminated by either Party with 10 days' written notice.
● Termination for Cause: Either Party may terminate this Agreement immediately upon a material breach by the other Party, provided that the breaching Party fails to cure the breach within 30 days of receiving written notice of the breach.
● Upon termination, any outstanding payments for referrals made prior to termination shall still be owed.
The Parties agree that they are independent contractors and that nothing in this Agreement shall be construed as creating an employer-employee relationship, a partnership, or a joint venture between the Parties.
Each Party agrees to indemnify and hold harmless the other
Party from any and all claims, damages, liabilities, or expenses arising from
the breach of this Agreement or the actions of the indemnifying Party.
This Agreement shall be governed by and construed in
accordance with the laws of the State of Maryland.
This Agreement constitutes the entire understanding between
the Parties with respect to its subject matter and supersedes all prior or
contemporaneous agreements, representations, and understandings, whether
written or oral.
This Agreement may be amended or modified only in writing
and executed by both Parties.
Any disputes arising out of or in connection with this
Agreement shall be resolved through [mediation/arbitration], with any necessary
legal proceedings to take place in the State of Maryland.
●
Force
Majeure:
Neither Party shall be liable for any failure or delay in performance under
this Agreement due to causes beyond their reasonable control, including acts of
God, natural disasters, or government restrictions.
● Notices: Any notices required or permitted under this
Agreement shall be in writing and delivered to the addresses set forth above or
to such other address as either Party may designate in writing.
Entire
Agreement: This Agreement constitutes the entire understanding between the
Parties with respect to its subject matter and supersedes all prior or
contemporaneous agreements, representations, and understandings, whether
written or oral.
In a following email you will be prompted to sign the AFFILIATE AGREEMENT and a Confidentiality Agreement