Sunset Survival Affiliate Terms
- General: These Terms and Conditions (the “Affiliate Agreement“) govern the Affiliate Program that is made available by Website.com Solutions Inc. (“Website.com“, “we” or “us“). These Terms and Conditions represent the whole agreement and understanding between Website.com and the individual or entity who participates in the Affiliate Program (the “Affiliate“, or “you“).Please read this agreement carefully as it represents a legally binding agreement between you and Website.com. By submitting your application and by your use of the Affiliate Program, you agree to comply with all of the terms and conditions set out in this Affiliate Agreement. Website.com may terminate your Affiliate Account at any time, with or without notice, for conduct that is in breach of this Affiliate Agreement, for conduct that Website.com believes is harmful to its business, or for conduct where the use of the Affiliate Program is harmful to any other party.
- Referral TrackingWebsite.com will provide the Affiliate with specific Referral Links to link advertisements and other marketing content to Website.com. Website.com will track users who have visited these Referral Links using cookies which expire after 30 days. Only users who make a purchase while the cookie is active will be considered referrals of the Affiliate and recorded as such in the Affiliate Dashboard.The Affiliate is not authorized to modify or alter the Referral Links or the cookies in any way. Website.com is not responsible for any tracking or reporting errors that may result from any modifications to the Referral Link or the cookies.
- Affiliate Fees and PayoutsA referral will become eligible for payout (“Eligible Referral“) at the end of the next calendar month if it meets all of these criteria:
- The referral makes a purchase of a new Premium Plan subscription with a term that is one year or longer and has paid in full.
- The referral’s account remains active and in good standing.
- The referral’s account has not had any of its payments refunded, charged back or otherwise reversed.All web page error requests (such as 403 errors or 404 errors) will direct traffic to a default Website.com error page. This error page informs visitors that the web page they are looking for cannot be found, and may include, but without limitation to, the following:
- Links to additional products and services offered by Website.com.
- Advertisements for products and services offered by third-parties.
- An internet search engine interface.Failure to meet any of these criteria will permanently void the referral and disqualify the referral from any potential payouts.The Affiliate is entitled to receive a one-time payment $100.00 United States Dollars for each active Eligible Referral that is recorded in the Affiliate Dashboard (“Affiliate Fee“). Affiliate Fees will be payable only when the Affiliate has at least 3 Eligible Referrals that are pending payout.All Affiliate Fee payments will be payable in United States Dollars only, except as otherwise determined by Website.com in its sole discretion. Payment will be made through PayPal against a valid invoice issued by the Affiliate using the invoice generation and submission tool located in the Affiliate Dashboard. The Affiliate is responsible for providing Website.com with the full and accurate details that are required to remit the Affiliate Fees, and is solely responsible for any delays in payment resulting from its failure to do so.Referrals will become void, and any unpaid Affiliate Fees will be forfeited, after 12 calendar months.In the event of any activity deemed suspicious by Website.com, Website.com may delay the payment of Affiliate Fees by up to 6 calendar months to verify the relevant transactions. Website.com reserves the right to recalculate, void, or disqualify any referrals or Affiliate Fees in the event of any fraudulent, deceptive or otherwise illegal activity.Referrals for purchases made through Website.com promotional or special offers are not eligible for payout.
- AdvertisementsWebsite.com hereby grants the Affiliate a non-exclusive, non-transferable, limited license to use the Website.com logos for the sole purpose of promoting our service within the context of the Affiliate Program. This license will expire upon termination of the Affiliate’s participation in the Affiliate Program.The Affiliate may only display advertisements that contain Website.com’s logos or service marks in good taste. The Affiliate may not use Website.com’s logos or service marks in a manner that, in Website.com’s sole discretion, portrays Website.com in negative light.The Affiliate will be solely responsible for its own marketing activities. All marketing activities must be professional and in full compliance with all applicable laws.Website.com may, without prior notice, require the Affiliate to remove or modify any advertisements in Website.com’s sole discretion.
- TerminationThe Affiliate may terminate the Affiliate’s participation in the Affiliate Program with immediate effect by giving the other party a written notice of termination.Website.com reserves the right to terminate the Affiliate’s participation in the Affiliate Program at any time for conduct that is in material breach of this Affiliate Agreement or for conduct that Website.com, in its sole discretion, deems to be harmful to its business or any third party.Upon termination, the Affiliate will lose access to its Affiliate Dashboard and will forfeit all potential or unpaid Affiliate Fees.
- Relationship of PartiesWebsite.com and the Affiliate are independent contractors. Nothing in this Affiliate Agreement will create any partnership, employment, representative, agency, or joint venture relationship between the parties. The Affiliate has no authority to act on Website.com’s behalf.
- Limitation of LiabilityThe Affiliate Program is provided on an “as is” and “as available” basis and the use of the Affiliate Program is at the Affiliate’s own risk. Website.com makes no representations or warranties, either expressed or implied, with respect to the Affiliate Program, or any service or information provided through the Affiliate Program.Website.com is not responsible for any damages, injury or economic loss arising from the use of Affiliate Program. Should any part of the Affiliate Program cause damage or inconvenience to the Affiliate or anyone claiming through the Affiliate, the Affiliate assumes responsibility and the entire cost for them.The Affiliate will indemnify and hold harmless Website.com, its directors, officers, employees, agents, subsidiaries, and third parties from and against any losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to the Affiliate’s or any third party’s operations or use of the Affiliate Program.
- ModificationWebsite.com may, in its sole discretion, change or modify this Affiliate Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Affiliates upon posting of the modified Affiliate Agreement to this web address: http://www.website.com. The Affiliate is responsible for reading this document from time to time to ensure that its use of the Affiliate Program remains in compliance with this Affiliate Agreement.If any modification is unacceptable to the Affiliate, its sole recourse shall be to terminate this Affiliate Agreement. The Affiliate’s continued participation in the Affiliate Program will constitute binding acceptance of such modifications.
- MiscellaneousThe Affiliate warrants and represents that it is over the age of 19 and is qualified to enter into this Affiliate Agreement.The Affiliate warrants and represents that its actions and its participation in the Affiliate Program is in compliance with all applicable laws, rules, regulations, and any requirements of governmental authority at all times. Website.com reserves the right to terminate the Affiliate’s participation in the Affiliate Program if Website.com determines, in its sole discretion, that the Affiliate’s actions or its participation in the Affiliate Program is in violation of any laws, rules, regulations, or any requirements of governmental authority.This Affiliate Agreement constitutes the entire understanding between Website.com and the Affiliate. This Affiliate Agreement supersedes any other contracts or understandings between the parties hereto and neither party shall be bound by any statements or representations that are not embodied in this Agreement.Any dispute arising in relation to this Affiliate Agreement shall be exclusively resolved in the Courts of the Province of British Columbia, Canada.
AFFILIATE PROGRAM TERMS OF SERVICE.
1. Eligibility for the Affiliate Program
To participate in the Affiliate Program, you must submit an application through Teachable’s Affiliate Signup, available at https://teachable.com/affiliates. Teachable reserves the right, in its sole discretion, to accept or reject any application for membership in the Affiliate Program for any reason. Affiliates must be at least 18 years old in order to participate in the Affiliate Program.
You will receive commission for Qualified Referrals to Teachable. The percentage of commission may change at any time and without notice.
“Qualified Referrals” mean customers referred by you to Teachable who: (1) click on your unique tracking link; (2) within ninety (90) days of clicking on your unique tracking link, successfully purchase, as a school owner, a monthly or yearly subscription for Teachable or another Teachable product; and (3) maintain an active account and the monthly or yearly subscription with Teachable for a minimum of thirty-one (31) days.
Affiliates who share the same personal/company details, including but not limited to, last name, email address, IP address, website details, or commission payment details, as their referred customer will be deemed to have made a “Self-Referral.” Referral commission and any earnings associated with this type of “Self-Referral” will not be paid. Teachable, in its sole discretion, will determine the classification of any referral as a “Self-Referral.”
Referrals made to current Teachable customers will be considered “Current Customer Referrals” and referral commission and any earnings associated with Current Customer Referrals will begin accruing after the referral was made. You will not receive referral commission for a Current Customer Referral for any payments the customer made to Teachable before the referral. Teachable, in its sole discretion, will determine the classification of any referral as a “Current Customer Referral.”
Commissions earned on referrals become payable 30 days after the referred customer becomes a Qualified Referral. Your total commission amount must equal or exceed fifty US Dollars ($50) before receiving a payment from Teachable. If your total commissions for a given month are less than $50, payment will be held until the total commissions equal or exceed $50.
If at any time a Qualified Referral files a credit card dispute, any earned Affiliate commission on the disputed charge shall become frozen in the your account until the dispute is settled. You will not receive any interest on commissions that have been frozen. If the dispute is settled in Teachable’s favor, any associated earned Affiliate commission will become payable to you. If the dispute is settled in the Qualified Referral’s favor, any associated earned Affiliate commission shall not be paid to you. If commissions have already been paid out to you, the amount of earned commissions on the disputed charges shall be debited to your account.
Commission payments will be paid in US Dollars and may be made via check or electronic payment (such as Paypal). You are responsible for paying all applicable fees associated with accepting payments, including but not limited to, currency conversion fees, transaction fees, withdrawal fees, deposit fees, and check cashing fees. Commissions are paid out on the first Friday of each month.
In order to receive payments for earned commissions, you must provide Teachable a completed Form W-8 or Form W-9, as instructed by Teachable. You will be deemed to have permanently waived all rights to Commissions that were earned more than 120 days before submitting a completed Form W-8 or Form W-9 to Teachable. You are responsible for any and all tax liabilities, including, without limitation, income tax liabilities, that arise from or in any way relate to any commissions paid out to you by Teachable.
Teachable reserves the right to request documentation in order to approve your account. These requests may be made during the Affiliate Program application process or at any time while you have an active account in the Affiliate Program. If requests for documentation are not responded to in a timely manner, Teachable reserves the right to terminate, deactivate, or not approve your account.
You shall bear your own costs and expenses related to marketing and promoting Teachable and/or the Affiliate Program. Teachable is not obligated to reimburse or credit you for any marketing expenses. If Teachable does reimburse you for any marketing expenses, such reimbursement shall not create a duty or obligation to reimburse any future marketing expenses.
You may not engage in any of the following marketing activities and represent and warrant that your marketing practices do not violate any of these restrictions:
- Affiliates shall not create websites or advertisements that copy, imitate, or resemble the look and feel of Teachable’s Services. Affiliates shall not copy Teachable’s website or any portions thereof, including, without limitation, any of Teachable’s trademarks or other intellectual property, and display them on their own site or subdomain or use them in any way without Teachable’s prior express written consent.
- Affiliates shall not offer cash back, coupons, rewards or other incentives as part of their marketing efforts for the Affiliate Program.
- Affiliates shall not use traffic that is generated by, including, but not limited to, pay to click, pay to read, banner exchanges, click exchanges, cost-per-view advertising, pop-up/under, spam, purchased traffic, or similar methods without prior written consent from Teachable.
- Affiliates shall not use cookie stuffing techniques that set the tracking cookie without the potential customer actually clicking on the Affiliate’s referral link.
- Affiliates are responsible for ensuring their tracking codes are working properly before sending traffic to Teachable’s servers. Any modification to the links is the sole responsibility of the Affiliate. Referral fees may be withheld, as determined in Teachable’s sole discretion, for tracking errors caused by editing, masking, redirecting or tampering with affiliate links.
- Affiliates shall not bid on or use Teachable’s trademarks or misspelled keywords for the purpose of pay-per-click on internet search engines without prior written consent from Teachable.
- Affiliates shall not use Teachable’s trademarks or misspelled keywords in their domain names.
- Affiliates shall not use redirected pages and links to send a potential customer to Teachable’s website.
- Affiliates shall not engage in domain forwarding (i.e. purchasing a domain and setting it to forward directly to Teachable’s website using an affiliate link).
- Affiliates shall not engage in the advertisement of business-opportunity websites or use marketing practices that attract fraudulent or short-term customers.
- Affiliates shall not engage in any marketing activity that may harm the reputation or credibility of Teachable, including using low-quality marketing materials, or advertising on any website that promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or any illegal activities, or violates the intellectual property or other rights of a third party.
- Affiliates shall not send any email in violation of the federal CAN-SPAM statute, 15 U.S.C. 1571, et seq.
- Affiliates must include a physical mailing address and unsubscribe information for any marketing email sent promoting Teachable’s Services.
- Affiliates shall make clear that they, not Teachable, are the sender of all marketing communications related to the promotion of Teachable’s Services.
- Affiliates shall not engage in any marketing or promotional activities that violate applicable laws, rules, or regulations.
- Affiliates shall not market using facsimile, broadcast, telemarketing, text message marketing, or other offline marketing methods regarding Teachable or Teachable’s Services without the express written consent of Teachable.
- Affiliates shall not use malware or spyware to market or promote Teachable’s Services.
In Teachable’s sole discretion, affiliate accounts generating a large number of fraudulent accounts or that are associated with any false or misleading advertising or suspected fraudulent activity will be deactivated.
You may terminate your participation in the Affiliate Program at any time. You may discontinue your participation in the Affiliate Program by removing your affiliate links from your website and no longer promoting them. For accounting purposes, Teachable’s systems will retain Your account and personal information. By terminating your participation in the Affiliate Program, you waive your right to be paid any unpaid commissions below the minimum threshold and you assign (by way of future assignment) all of your rights and ownership of any commissions which we are holding to your account. You will not receive any commissions which are earned after the date of termination.
Upon termination, all rights granted to you shall immediately terminate.
6. Relationship between you and Teachable
Neither these Terms of Service nor your participation in the Affiliate Program creates any employment, independent contractor, agency, partnership, or joint venture relationship between you and Teachable.
During the term of these Terms of Service and for one (1) year after it has expired or been terminated, You agree that You will not disparage Teachable, its officers, directors, or employees or otherwise take any action that could reasonably be expected to adversely affect Teachable’s reputation. Under these Terms of Service, “disparage” includes, but is not limited to, any negative statement, whether written or oral, about Teachable, its officers, directors, or employees. You agree and acknowledge that this provision is a material term of the Terms of Service, the absence of which would have resulted in Teachable refusing to enter into this agreement.
8. Release and Authorization to Use Photographs
You grant Teachable permission to use any and all photographs taken by Teachable or its agents or employees, or submitted by You to Teachable (hereinafter “Photographs”) in any media (including, but not limited to, print, internet, film, television and no matter how distributed or published) for any purpose, including, but not limited to, advertising, promoting, and marketing of Teachable or any product or service sold and marketed by Teachable. You agree that this authorization to use Photographs may be assigned by Teachable to any other party, may be combined with other Photographs, sounds, text and graphics, and may be manipulated, cropped, altered or modified in Teachable’s sole discretion. You agree not to make any monetary assessment against Teachable in exchange for the release under this section. You hereby release and forever discharge Teachable from any and all liability and from any damages. You further acknowledge and agree that this release is binding upon Your heirs and assigns and that the release is irrevocable.
9. Assumption of Risk
You are solely responsible for ensuring that your participation in the Affiliate Program complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to participation in the Affiliate Program.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, TEACHABLE, ITS PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND ANY THIRD PARTY INFORMATION PROVIDERS TO THE SITES, SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, TEACHABLE SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, TEACHABLE SHALL NOT BE LIABLE TO ANY PARTY FOR CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, TEACHABLE’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL NOT EXCEED THE AMOUNT OF COMMISSIONS YOU EARNED OVER THE TWELVE (12) MONTHS PRECEDING THE CLAIM(S), UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless Teachable, its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Sites from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Service by you or arising from or related to your use or misuse of the Affiliate Program.
11. Third Party Rights
The sections titled Limitation of Liability and Indemnification are solely for the benefit of Teachable and its present and future officers, directors, employees, agents, licensors, suppliers, and any third-party providers to the Sites. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on their own behalf. Except as set forth herein, nothing express or implied in these Terms of Service is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity. You may not assign your rights under these Terms of Service without Teachable’s prior written consent.
12. Unlawful Activity; Termination of Access
Teachable reserves the right to investigate complaints or reported violations of these Terms of Service and to take any action it deems appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities. Teachable may discontinue your participation in the Affiliate Program at any time for any reason or no reason.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone participating in the Affiliate Program. YOU WAIVE AND HOLD HARMLESS TEACHABLE AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR AS A RESULT OF, ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
13. Remedies for Violations
Teachable reserves the right to seek all remedies available at law and in equity for violations of these Terms of Service.
14. Governing Law and Jurisdiction; Disputes and Arbitration
Any dispute, controversy, proceeding, or claim arising out of or in connection with or relating to these Terms of Service, any of Teachable’s policies, or the Affiliate Program, in each case, whether in contract, tort, common or statutory law, equity or otherwise (collectively, a “Dispute”) shall be resolved by binding confidential arbitration by JAMS pursuant to its Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in New York County, New York, unless you and Teachable agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing Teachable from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, dilution, or violation of our data security, intellectual property rights, or other proprietary rights.
YOU AND TEACHABLE EACH AGREE TO WAIVE ITS RIGHT TO TRIAL BY JURY AND THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF TEACHABLE AND ALL PARTIES TO ANY SUCH PROCEEDING.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
15. Entire Agreement; Severability of Provisions; No Waiver
These Terms of Service constitute the entire agreement with respect to participation in the Affiliate Program. If any provision of these Terms of Service is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.
16. Changes to the Terms of Service
Teachable may review and update these Terms of Service at any time in our sole discretion and it is your responsibility to keep abreast of those changes. All changes are effective immediately when posted. Your continued participation in the Affiliate Program following the posting of revised Terms of Service means that you accept and agree to the changes which are binding on you, so please check this webpage periodically for updates.
17. Contact Us
If you have questions or concerns regarding these Terms of Service or the Affiliate Program, you may contact us at:
16 W. 22nd Street, 6th Floor
New York, New York 10011