This Affiliate Program Terms of Service Agreement (the “Agreement”) is made and entered into by and between 8B Education Investments (“8B” or “Company”), and you (“Affiliate”) as an authorized affiliate of 8B Education Investments. By registering and participating in the 8B Education Investments Affiliate Program (the “Program”), you agree to be bound by the terms and conditions set forth in this Agreement. Please read this Agreement carefully before registering and promoting the Program.
- Affiliate Relationship
1.1 Non-Solicitation: Your participation in the Program is solely for the purpose of legally advertising our website to receive a commission on memberships and products purchased by individuals referred to 8B Education Investments through your website or personal referrals. You agree not to engage in any activities that could potentially divert customers from 8B Education Investments or solicit 8B Education Investments’ customers for other services.
1.2 Independent Contractor: You and 8B Education Investments are independent contractors. Nothing in this Agreement shall create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.
1.3 No Spam: Affiliate agrees not to engage in any form of spamming, including but not limited to mass email, mass newsgroup posting, or any other unauthorized advertising or promotional activities that could potentially harm the reputation or business of 8B Education Investments.
- Approval and Rejection of Application
2.1 8B Education Investments reserves the right to approve or reject any Affiliate Program Application at its sole and absolute discretion. The Company shall not be held liable for any legal recourse resulting from the rejection of an Affiliate Program Application.
- Commissions
3.1 Commissions will be paid once a month. To receive a commission, the referred account must remain active for a minimum of 31 days.
3.2 Self-referrals are not permitted, and Affiliate will not receive a commission on their own accounts.
3.3 Payments will only be made for transactions that have been successfully completed. Incomplete transactions or those resulting in chargebacks or refunds will not be eligible for commissions.
3.4 In order for Affiliate to receive payment for commissions earned, the accumulated commission balance must meet or exceed the minimum commission threshold specified by 8B Education Investments.
3.5 The minimum commission threshold may be set and adjusted by 8B Education Investments at its sole discretion from time to time. Any changes to the minimum commission threshold will be communicated to Affiliates through the email address associated with their Affiliate account.
3.6 If the commission balance does not meet or exceed the minimum commission threshold in a given payment cycle, the commission will be rolled over to the next payment cycle until the threshold is met.
3.7 8B Education Investments reserves the right to deduct any refunds, chargebacks, or other adjustments from Affiliate’s commission balance, which may affect the accumulation of commissions towards reaching the minimum commission threshold.
3.8 Once the commission balance reaches or exceeds the minimum commission threshold, payments will be made according to the payment schedule outlined in Section 3 (Commissions) of this Agreement.
- Termination
4.1 The Affiliate’s application and status in the Program may be suspended or terminated for any of the following reasons:
a) Inappropriate advertisements (false claims, misleading hyperlinks, etc.). b) Spamming (mass email, mass newsgroup posting, etc.). c) Advertising on sites containing or promoting illegal activities. d) Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws. e) Violation of intellectual property rights, and 8B Education Investments reserves the right to require license agreements from those who employ trademarks of 8B Education Investments to protect its intellectual property rights. f) Offering rebates, coupons, or other forms of promised kickbacks from your affiliate commission as an incentive. Adding bonuses or bundling other products with 8B Education Investments, however, is acceptable. g) Self-referrals, fraudulent transactions, or suspected Affiliate fraud.
4.2 Additionally, 8B Education Investments reserves the right to terminate any Affiliate account at any time, with or without cause.
- Liability
5.1 8B Education Investments shall not be liable for any indirect or accidental damages, including loss of revenue or commissions, arising from affiliate tracking failures, loss of database files, or any results of intended harm to the Program and/or the Company’s website(s).
5.2 8B Education Investments does not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by 8B Education Investments. The Company makes no claim that the operation of the Program and/or its website(s) will be error-free and shall not be liable for any interruptions or errors.
- Term of the Agreement
6.1 The term of this Agreement shall begin upon Affiliate’s acceptance in the Program and shall end when the Affiliate’s account is terminated.
6.2 8B Education Investments may modify the terms and conditions of this Agreement at any time. If any modifications are unacceptable to the Affiliate, the only recourse shall be to terminate their Affiliate account. The Affiliate’s continued participation in the Program will constitute acceptance of any changes.
- Indemnification
7.1 Affiliate shall indemnify and hold harmless 8B Education Investments and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors, and assigns from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.
- Electronic Signatures Effective
8.1 This Agreement is an electronic contract that sets out the legally binding terms of Affiliate’s participation in the 8B Education Investments affiliate program. Affiliate indicates their acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the 8B Education Investments application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.