Affiliate Terms of Service
PLEASE READ THIS AGREEMENT CAREFULLY. BY JOINING AND PARTICIPATING IN THE IVY NEWPORT, LLC AFFILIATE PROGRAM, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, THEN DO NOT PARTICIPATE IN THE IVY NEWPORT, LLC AFFILIATE PROGRAM.
Ivy Newport, LLC
Independent Marketing Affiliate Agreement
This Independent Marketing Affiliate Agreement (“Agreement”) is made this by and between Ivy Newport, LLC, (“Company”) located at 2881 Beacon Hill Dr., West Linn, OR 97068 and the “Affiliate”.
Each Affiliate is responsible for assuring that its employees, agents, and contractors comply with this Agreement. The “Site” refers to the Ivy Newport website at https://ivynewport.com/ and “Your Website” refers to any websites that you will link to the Site.
The Company desires to engage independent marketing affiliates to market the products of Company, and Affiliate desires to engage in such services, Affiliate and Company (also referred to herein as “Party” in the singular and “Parties” in the plural) desire to define the terms and conditions applicable to Affiliate’s performance of such services. Company and Affiliate agree as follows:
Enrollment
The parties agree to the enrollment of Affiliate under this Agreement as follows:
Affiliate desires to enroll as one of Company's independent marketing affiliates to market product (“Products”) on behalf of Company.
Affiliate understands and agrees that this Agreement has no force or effect until Company accepts Affiliate by notice to Affiliate.
Affiliate understands and agrees that Company may reject Affiliate’s enrollment for any or no reason and that Company is not obligated in any way to provide a reason for rejection to Affiliate.
Affiliate understands that should Company accept Affiliate, Affiliate’s relationship with Company is nonexclusive and Company may engage other independent marketing affiliates at Company’s sole discretion.
Responsibilities Of Affiliate
Affiliate will satisfy the following responsibilities at all times during the term of this Agreement:
Affiliate will use best efforts to provide services in a manner consistent with the standards generally observed by a professional in the industry to which such performed services can be classified in accordance with the terms and conditions set forth.
Affiliate will behave in a manner consistent with the high image, reputation, and credibility of Company and Company’s Products, and will not engage in activities that adversely reflect on Company or Products.
While Affiliate may make simple endorsements of Company Products, Affiliate will not make any fact assertions or other representations regarding Company Products.
Affiliate will strictly follow the guidelines as provided by the Company on marketing of Company Products. Company will provide basic promotional materials to Affiliate at no cost. Affiliate will only use these promotional materials, and may not modify them in any way without Company’s written consent. If Affiliate wishes to purchase additional promotional materials from Company, Affiliate may do so strictly at Affiliate’s expense. Affiliate may place promotional materials within Affiliate’s place of business in a conspicuous area of Affiliate’s choosing. Affiliate will at all times honour the trade names, trademarks, and copyrights existing in these promotional materials.
If Affiliate has an Internet presence, Affiliate may link to Company’s website via Internet link methods or by email. To provide such link Affiliate will follow all instructions as found on Company’s website to properly receive credit for referrals originating from Affiliate’s website or email. Affiliate will be allowed to place a short description or endorsement of Company Products on Affiliate’s website or in an email. Affiliate may add or remove Internet links or emails at any time without prior notice to Company subject to the other provisions of this Agreement. Affiliate will be solely responsible for the development, operation, and maintenance of Affiliate’s website, all materials that appear on such website, and installation of Company Internet links. Affiliate agrees not to advertise Company Products on websites that promote sexually explicit material, violence, pirated materials, discrimination based on race, sex, religion, national origin, physical disability, or illegal activities. Affiliate may only include a Company Internet link in emails opted-in by the end recipient; Affiliate will not send Company Internet links through any form of bulk mail or Internet spam. Affiliate will not provide Company Internet links to any third party.
Affiliate will comply with all applicable federal, state, and local laws in performance of Affiliate’s duties under this Agreement.
Scope and Limitations of Affiliate’s Authority
The parties agree as follows with regards to the scope and limitations of Affiliate’s authority under this Agreement:
Affiliate is authorized to market Company Products from their online marketing tools and your website.
Affiliate will not market Company Products in any other industry segment without prior consent of Company. Affiliate acknowledges and agrees that they neither have, nor will acquire any Company customer lists. Affiliate agrees that any goodwill accruing during the term of this Agreement with respect to Company or Company Products will be considered the property of Company.
Affiliate has no authority to solicit or otherwise accept orders on behalf of Company. Affiliate will have no right or authority to obligate Company to sell Products to any party.
Affiliate will have no authority to discuss or otherwise modify any such prices, credit terms, sales programs, or other terms or conditions of sale, to authorize any customer to return Products to Company for credit, or to obligate or bind Company in any other manner.
Affiliate will at no time engage in any unfair trade practices with respect to Company or Products, and will make no false or misleading representations with respect to Company or Products. Affiliate will refrain from communicating any information on guarantees or warranties regarding Products, except ones authorized by Company or set forth in Company's literature or other promotional materials.
Affiliate will have no authority to receive payments or otherwise make collections from any party on Company’s behalf.
Program Restrictions
Compliance with Law: You represent and warrant that, in connection with your participation in the Program, you, Your Website(s), and any advertising materials related to the Program, will not violate any law, regulation, or regulatory rules or guidelines, including the Federal Trade Commission’s endorsement disclosure requirements pursuant to Section 5 below. Also, if you choose to promote our Program via e-mail campaigns, you represent and warrant that you will comply with the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our Program, which includes placing an opt-out in the email and making it clear that you are the sender of the email and not acting at the direction of Company. If you are conducting business in or taking orders from persons in other countries, you will follow the laws of those countries. For example, you will comply with the European Union’s Privacy and Electronic Communications Directive, as well as the General Data Protection Regulation (GDPR), if you are conducting business in or taking orders from persons in one or more of the European Union countries.
General Restrictions: You represent and warrant that you agree to comply with the following:
You will only use the Links we provide you for each banner, text link, or other affiliate link obtained from the affiliate interface without manipulation or modification of any kind.
You may not “self-refer,” meaning that only transactions by other persons using your Link will result in Affiliate Fees.
You will not engage in any behaviors that are fraudulent, abusive, or harmful to the Site or the Program in our discretion.
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.
Your Website will not in any way copy, resemble, or mirror the look and feel of the Site. You will also not use any means to create the impression that Your Website is our Site or any part of our Site, including by framing of our Site in any manner.
You may not engage in cookie stuffing or include pop-ups or false or misleading links on Your Website. In addition, you will not attempt to mask the referring URL information (i.e., the page from where the click is originating).
The maintenance and the updating of Your Website(s) will be your responsibility. We may monitor Your Website(s) as we feel necessary to make sure that it is (or they are) up-to-date and to notify you of any comments as it relates to the Program.
It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to Your Website. You must have express permission to use any person’s or any business’s or entity’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, business’s, or entity’s copyrighted material or other intellectual property in violation of the law or any third-party rights.
You will not, in connection with this Agreement, display or reference on Your Website, any trademark or logo of any third-party seller on our Site unless you have an independent license for the display of such trademark or logo; use any data, images, text, or other information obtained by you from us or the Site in connection with this Agreement only in a lawful manner and only in accordance with the terms of this Agreement.
You will not send unsolicited bulk-emails (spam). You will not create advertisements that appear on (a) sites and apps that contain or reference categories adult content, pornography, weapons, graphic violence (including any violent video game images), alcohol, drugs, tragedy, transportation accidents, sensitive social issues, gambling, or content that is offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise), or solicitous of any unlawful or offensive behavior; or (b) ads that appear on fake news content.
You will not use any images, text, or other content provided to you by Company except Licensed Material (defined in Section 9 below) as authorized under this Agreement and may not modify the graphic image or text in any way without written authorization. All of our rights in the images and text, any other images, our trade names and trademarks, and all other intellectual property rights are reserved. We may revoke any licenses or other rights referenced in this Agreement at any time for any reason.
You acknowledge our ownership of our Licensed Materials, agree that you will not do anything inconsistent with our ownership, and agree that all of your use of the Licensed Materials (including all associated goodwill) will serve to the benefit of, and on behalf of the Company. You agree that nothing in this Agreement gives you any right, title, or interest in the Licensed Materials other than the right to use the Licensed Materials in accordance with this Agreement. You also agree that you will not attack our rights in or title to the Licensed Materials or the validity of the Licensed Materials or this Agreement.
You will not offer discounts, coupons, free trials, promo codes, or any other promotional offer that is not expressly authorized by Company. Company may, on a case-by-case basis, offer you access to discounts, coupons, free trials, promo codes, or other promotional offer, and you agree to comply with all terms and limitations that Company establishes in connection with such promotional offers.
Unless otherwise agreed upon in writing by Company, you may not promote through a sub-affiliate network and all advertising and all Affiliates must agree to this Agreement.
Pay-Per-Click (“PPC”) Restrictions: Unless The Company first gives you written permission, you agree to comply with the following restrictions:
You may not bid on any of our Restricted Terms (defined below), including any variations or misspellings thereof for search or content- based campaigns on Google, Bing, MSN, Yahoo, Facebook or any other network.
“Restricted Terms” means any of the following terms: Ivy Newport, Ivy Newport LLC, ivynewport.com, www.ivynewport.com, Ivy Newport coupon, Ivy Newport discount code, Ivy Newport discount, Ivy Newport promo code, Ivy Newport sale, Ivy Newport promo, Ivy Newport sales, Ivy Newport deals, Studioworks, Studioworks Creative Academy, Studioworks Creative, Studioworks Academy, studioworksacademy.com, www.studioworksacademy.com, studioworks.art, www.studioworks.art, Studioworks coupon, Studioworks discount code, Studioworks discount, Studioworks promo code, Studioworks sale, Studioworks promo, Studioworks sales, Studioworks deals.
You may not use our Restricted Terms, including any variations or misspellings as per above in sequence with any other keyword.
You may not use our Restricted Terms in your ad title, ad copy, display name or as the display URL.
You may not use any of our trademarked terms as part of the domain or sub-domain for Your Website.
You may not direct link to the Site from any PPC ad or use redirects that yield the same result. Customers must be directed to an actual page on Your Website.
You may not bid in any manner appearing higher than us for any search term in positions 1-5 in any auction-style PPC advertising program.
If you automate your PPC campaigns, it is your responsibility to exclude our trademarked terms from your marketing and related activities and we strongly suggest you add our trademarked terms as negative keywords.
We have a strict no tolerance policy on PPC trademark bidding. We will not enter a discussion about when the violation started and when it stopped; you will forfeit all Affiliate Fees for a minimum of the past 30 days, your Affiliate Fee balance will be set to $0 without warning, and we may terminate your participation in the Program at our discretion.
General Advertising Restrictions: You represent and warrant that Your Website(s), social media posts, and any other advertising materials will not:
Infringe on our or anyone else’s intellectual property, publicity, privacy or other rights.
Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, offensive, or contains nudity, pornography, or sexually explicit materials.
Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate payments from another website. This includes toolbars, browser plug-ins, extensions, and add-ons.
Social Media Restrictions: You represent and warrant that when you advertise or promote the Program on Facebook, Twitter, Instagram, YouTube and other social media platforms, you will comply with the following requirements:
You may only promote the Program and Links on your own social media pages.
You are prohibited from creating a social media account that includes our trademark(s) in the page name and/or username.
Privacy Restrictions: You represent and warrant that you will respect the privacy of consumers and be transparent about your data collection and use practices. That means that you may not collect personal information about individuals, including their names, email addresses, phone numbers, or any other personal information unless you have provided notice and obtained their consent in accordance with the law applicable in your jurisdiction. You may not under any circumstances engage in “scraping” or any other form of automated data collection to collect personal information about individuals. In addition:
You may not contact people with promotional materials unless they have consented to be contacted through that medium consistent with relevant local law.
You must comply with all applicable laws, rules, self-regulatory principles, and industry best practices governing the collection and use of data from users for purposes of serving ads that are targeted to their interests, including the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising, Mobile Principles, and Cross-Device Principles, and FTC Guidance on Cross-Device Tracking.
You agree to promptly notify Company in the event of any Privacy Incident and to promptly cooperate with Company in the event of any Privacy Incident that Company escalates to you or requests your cooperation. A “Privacy Incident” includes any allegation that you have not properly provided notice or obtained consent to collect personal information, sent SMS, engaged in phone calls or email messages, collected data in a manner inconsistent with your privacy policy, user notice, applicable law, or applicable self-regulatory rules.
Compensation
The parties agree as follows with regards to the Compensation paid to Affiliate under this Agreement:
The sole and exclusive compensation to be paid by Company to Affiliate in consideration for all services rendered by Affiliate as an independent marketing affiliate for Company will be Compensation Schedule as identified in Exhibit A which explains amounts and payment dates. Company will have the right to modify this percentage in whole or in part from time to time at its sole discretion. In any such instance Company will notify Affiliate within thirty (30) days of such change.
Affiliate will receive no compensation under any circumstances with respect to i) any unaccepted orders, ii) any orders received after thirty (30) days after termination of this Agreement, and iii) any orders shipped or downloaded after thirty (30) days after termination of this Agreement.
Company will issue Affiliate periodic statements reflecting the status of Affiliate's Compensation account. If Affiliate has objections to any such statement, its accuracy, completeness, or any other matter, Affiliate will make such objection(s) known to Company in writing within thirty (30) days after the date of the statement. IF AFFILIATE DOES NOT PROVIDE OBJECTION WITHIN THE THIRTY (30) DAY PERIOD, SUCH OBJECTIONS WILL BE DEEMED WAIVED AND ABANDONED.
Notwithstanding anything contained in this Section, any Compensation otherwise earned and due to Affiliate as of the termination of this Agreement or thereafter may be withheld by Company and will become due, if at all, only after a final reconciliation is performed by Company. Company will conduct such reconciliation within sixty (60) days after the termination date of this Agreement ("Reconciliation Date"). In lieu of withholding the entire amount of such Compensation Company may at its option withhold only that portion as Company deems necessary for its financial protection. Company will debit Affiliate's Compensation account on the Reconciliation Date for the Compensation allocable to any outstanding invoices applicable to customers received through Affiliate, which Company believes are not collectable or in jeopardy of nonpayment. If the debits allocable to such invoices together with any other debits not previously offset against Compensation do not exceed the amount of any remaining Compensation otherwise payable to Affiliate, the difference between the remaining Compensation and the outstanding debits will be considered earned and due, and will be paid by Company to Affiliate. If all outstanding debits exceed the remaining Compensation, no additional Compensation will be considered earned and due, and Affiliate will be required to pay Company the difference between such outstanding debits and the remaining Compensation upon receipt of Company's statement. After the Reconciliation Date no additional Compensation will become earned and due to Affiliate, and Company will not be entitled to issue any additional debits against Affiliate's Compensation account.
Ownership of Work Product, Employees and Indemnification
The parties hereto agree that all intellectual property rights in any ideas, modifications to Company promotional materials, and other deliverables that result from the services performed by Affiliate pursuant to this Agreement (“Work Product”) are considered to be a “work for hire” and will be exclusively vested in Company and/or automatically assigned to Company. Affiliate agrees to promptly execute any documents necessary for Company to perfect its rights in such Work Product. Additionally, Affiliate warrants that the Work Product of all services performed by Affiliate for Company will be original, that s/he has the right to assign ownership of any/all intellectual property rights in such Work Product to Company, and that s/he will perform all services in a good, professional, and workmanlike manner in accordance with industry standards. Affiliate agrees that s/he will ensure that his/her employees performing work under this Agreement comply with this Agreement. The terms of this Section will outlive the termination and/or expiration of this Agreement. Affiliate’s obligations pursuant to this section will outlive the termination/expiration of this Agreement.
Taxes
Affiliate will be responsible for payment of all employment and income taxes relating to Affiliate’s services under this Agreement. Should Company have to make any such payment of employment and income taxes on behalf of Affiliate, Affiliate will repay such amounts to Company including any interest and penalties assessed to Company.
Limitation of Liability and Exclusion
Affiliate understands that Company provides the programs offered under this Agreement on an as is basis and makes no warranty with regards to these programs and their effect on Affiliate’s income and business. Under no circumstance, regardless of the basis of the claim, will the total liability of Company to Affiliate exceed the total amount of completed sales from Affiliate within the last calendar month. In no event will Company be liable to Affiliate for consequential, special, incidental, or punitive damages (including, but not limited to legal costs and fees) from any claim asserted against Company or by any third party through any party to this Agreement. The terms and provisions of this section will outlive the termination and/or expiration of this Agreement.
Confidentiality
During the period in which Affiliate is providing services for Company and indefinitely thereafter Affiliate will keep secret and retain in strictest confidence and not pass, make available, or disclose to any third party or use for his/her benefit (except as necessary to fulfill the purposes of this Agreement and/or a Services Schedule(s) attached hereto) or any third party, any Confidential Information of Company without Company's prior consent. As used herein, “Confidential Information” will mean any information relating to business or affairs of Company, including the Company, company products, work products, information relating to financial statements, business strategies and plans, customer identities, customer accounts, potential customers, employees, suppliers, servicing methods, equipment, programs, style and design strategies and information, analyses, profit margins, or other proprietary information used by Company in connection with its business. If Affiliate is an entity, it will make sure that the Confidential Information is disclosed only to those of its employees whose functions require that they obtain access to the Confidential Information to carry out the purpose of this Agreement, who have been informed of the confidential nature and obligations of Affiliate with respect to the Confidential Information and who are subject to a general written agreement committing such employees to conduct that would not violate Affiliate’s obligations listed in this Section with respect to such Confidential Information. Affiliate’s obligations pursuant to this section will outlive the termination of this Agreement.
Termination
Notwithstanding anything to the contrary in this Agreement or any Exhibits Company may terminate this Agreement and related Exhibits without any obligation for any services that have not been rendered by Affiliate as of the date of notice of termination, upon fifteen (15) days’ notice via e-mail, facsimile, or hand delivery. Upon such notice of termination Affiliate will immediately cease working and return all Work Product, Company promotional materials, and any Confidential Information in Affiliate’s possession (“Termination Obligations”) to Company and certify to Company in writing that it has performed its termination obligations. Affiliate’s obligations pursuant to this Section will outlive the termination/expiration of this Agreement and any/all Services Schedules.
Solicitation
During the term for this Agreement and for a period of two (2) years after termination of this Agreement Affiliate will not hire, solicit, induce, or assist any third party in soliciting or inducing any employee, contractor, or encourage any of Our Instructors to upload their Course(s) on Your websites and/or platforms or other affiliates of Company to leave his or her employment or cease providing services to Company.
No Other Relationship Or Interest
The Parties agree that this Agreement does not create any other relationship or legal interest between the Parties, including, but not limited to employer/employee relationship, license, title, guarantee of work, or right to use any Confidential Information, except as specified by this Agreement.
Arbitration
In the event the Parties cannot amicably resolve a dispute or damage claim resulting from this Agreement the Parties agree to resolve any dispute or damage claim by arbitration. The arbitration proceeding will be conducted in the State of Oregon and subject to the exclusive jurisdiction of the federal and state courts located in Clackamas County, Oregon in accordance with the rules of the American Arbitration Association then in effect with one (1) arbitrator to be selected by mutual agreement of the parties. If the Parties cannot agree on an arbitrator, the American Arbitration Association will select an arbitrator from the National Panel of Arbitrators. The laws of the State of Oregon will apply to the arbitration proceedings. The Parties agree that the arbitrator cannot award punitive damages to either party and agree to be bound by the arbitrator’s findings. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
Disputes and Governing Law
Term of Agreement; Termination. Either Party may terminate this Agreement by providing 30 days’ written notice to the other Party. The termination of this Agreement, regardless of how it occurs, will not relieve a Party of obligations that have accrued before Termination. All provisions of this Agreement that would reasonably be expected to survive the termination of this Agreement will do so.
Indemnification. The Affiliate agrees to defend, indemnify, and hold harmless the Company from and against any all third party claims (or other actions that could lead to losses by the Company) that are based upon the Affiliate’s (a) violation of the law, (b) violation of this Agreement, or (c) violation of any third party’s rights. The Affiliate shall defend the Company against any claim, demand, suit or proceeding made or brought against the Company by a third party alleging that any content related to the Class or the Services infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify the Company for any damages, attorneys’ fees and costs against the Company as a result of, or for any amounts paid by the Company under a settlement of such a claim, provided that the Company promptly give the Affiliate a written notice of the claim, and provide to the Affiliate all reasonable assistance, at the Affiliate’s expense.
No Assignment. The Affiliate may not assign or delegate any of his or her rights or obligations under this Agreement.
Student Information. The Company does not share any private student information collected (email, address, phone numbers, etc.) The Company will not sell, rent, or lease subscription lists and will not provide personal information.
Applicable Law and Venue. This Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of the State of Oregon and subject to the exclusive jurisdiction of the federal and state courts located in Clackamas County, Oregon.
Attorneys’ Fees. In any action to enforce this Agreement or arising from any alleged dispute, breach, or misrepresentation in connection with any of this Agreement’s provisions, the prevailing party shall be entitled to recover its reasonable attorneys’ fees.
Contract Modification. No modification of this Agreement shall be valid unless in writing and agreed upon by both Parties.
Severability. The provisions of this Agreement are independent of each other, and the invalidity or unenforceability of any term, clause, or provision hereof shall not affect the validity or enforceability of any other term, clause, or provision, and such invalid or unenforceable term, clause, or provision shall be deemed to be severed from this Agreement.
Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof, and supersedes all other contracts and agreements between the Parties with respect to the subject matter of this Agreement.
Affiliate acknowledges their application to become an Affiliate of Company by stating Affiliate’s signature, name, title, and date below. Affiliate understands and agrees that this Agreement has no force and effect until Affiliate is notified by Company of Affiliate’s acceptance and that Affiliate’s signature below is strictly to signify that Affiliate agrees with the provisions of this Agreement and desires to become bound by it.
Addendum A – Compensation Schedule
This Addendum is subject to the Independent Marketing Affiliate Agreement between Company and Affiliate and is incorporated by reference to it.
Affiliate Link Sales
In the event that Affiliate markets to customers for Company via an Internet Link, Affiliate will receive an Affiliate Internet Identifier (AII). This AII is used to link the sale of Company Products with the Affiliate by use of an Internet Link. If Affiliate fails to provide the Internet Link or incorrectly configures the Internet Link on Affiliate’s website or in emails, Affiliate will not be entitled to compensation for resulting improperly identified sales.
In order for Affiliate to be associated with the sale the consumer must follow the Internet Link as provided by Associate and complete an order on the Company website within the same web-browsing session. If the consumer exits the Company website without first completing an order and later returns to do so, Affiliate will not be entitled to compensation for such sales.
Upon entering the Company website all visitors will have a cookie placed on their computer (a small text file) to track any purchases made by the visitor. In order for Affiliate to be associated with the sale the visitor must purchase from the Company website within 90 days of entering the site. Only visitors who accept cookies can be tracked for referral fees. Affiliate understands that no compensation can be paid for any purchase made by a visitor who does not accept "cookies" or who has deleted our "cookies" from their computer during the 90-day period.
Studioworks Monthly Recurring Affiliate Sales: For each person that you refer to the Site using your Links that completes a transaction on the Studioworks membership that results in payment to Company, you will receive 30% of the revenue generated by such person during the life of their relationship with the Company in the form of a service fee (your “Affiliate Fee”). For example, if someone you refer is on a monthly payment plan for $19 a month or $39 quarterly plan, you will receive an Affiliate Fee (commission) of the net profits for every month or quarter they are an active, paying customer. You will not receive an Affiliate Fee for any refunded or returned transactions. If a refund is issued after the Affiliate Fee has already been approved and paid, a negative balance will be created on your account and will be deducted from future Affiliate Fees. Any payment received by Company through Stripe or PayPal from a customer will result in a valid referral created and a payable Affiliate Fee, subject to verification and approval by Company. To earn Affiliate Fees, you must comply with all terms of this Agreement.
Creative Class Affiliate Sales: Affiliate will receive a monthly Compensation Statement reflecting any payments due to Affiliate only if there is compensation due to Affiliate. The Affiliate will be compensated based on a flat percentage of each completed sale. Affiliate will receive a percentage for each completed sale consisting of 30% of the net profits earned for the sale. The Affiliate is entitled only to compensation on an initial order. Affiliate is not entitled to compensation for any other sales, including but not limited to renewals, after sale referrals, etc.
Affiliate will not receive any compensation for a given order until after thirty (30) days after that order. If the order is cancelled within this 30-day period, the Affiliate will not be entitled to commission. If the order is cancelled after this 30-day period, Company reserves the right to deduct any compensation paid to Affiliate for such order. Company will not include an order on the Affiliate’s Compensation Statement until after this 30-day period.
Company normally processes Compensation Statements at the beginning of each calendar month and will normally release any payments due by the 1st of each calendar month. Company may change the processing date of Compensation Statements as well as payment release dates at Company’s sole discretion and will notify Affiliate.
All payments will be made in US dollars. Affiliate shall receive payment on a sale within thirty (30) days of contract issuance. and shall be paid via PayPal or check in USD on the 1st of the month.
Affiliate shall begin using their affiliate code (1) day after classroom has been opened. No affiliate sales shall be recognized prior to class opening.
It is the Affiliate’s sole responsibility to keep Company updated on any information pertaining to Affiliate’s receipt of compensation (i.e. PayPal account, EFT info, email address, mailing address, etc.).
HOW TO CONTACT US
You can contact us with any questions or comments about the Affiliate Terms of Service at:
Email: support@ivynewport.com