AFFILIATE PROGRAM TERMS & CONDITIONS
AGREEMENT BETWEEN AFFILIATE AND RETOUCHINGACADEMY.COM
Welcome to Retouching Academy Affiliate Program!
The retouchingacademy.com website (the “Site”) is comprised of various web pages operated by Queenscliff Global LLC.
Please read these Terms and Conditions carefully before joining our Affiliate Program on E-junkie, as they set out our and your legal rights and obligations in relation to our Affiliate Program.
As used in this Agreement, “we”, “us” and “our” means RETOUCHING ACADEMY and QUEENSCLIFF GLOBAL LLC, “you” or “your” means the Applicant or Affiliate, and “Product” means any and all items offered for sale on RetouchingAcademy.com, excluding the items which we sell as affiliates. For the purposes of this Agreement, we shall use Retouching Academy to refer to both Queenscliff Global LLC & Retouching Academy.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND RETOUCHING ACADEMY BY JOINING OUR AFFILIATE PROGRAM VIA EJUNKIE, YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS HEREOF.
Your participation in the program is solely for the purpose of legally advertising our educational and creative products to receive a commission on purchases by customers referred by you.
We may reject your Application at our sole discretion if we feel your website is unsuitable or inconsistent with the mission of Retouching Academy. If your site is accepted, we may terminate this Agreement anytime thereafter if your site is determined at our sole discretion to be unsuitable for the Program, even if your site has not changed since the time that your Affiliate Program Application was accepted.
This Agreement was created with you, our affiliate, in mind, as well as to protect our company’s good name, so we reserve the right in our sole discretion to monitor your site at any time and from time to time to determine if it is in compliance with the terms of this Agreement and is suitable for our Affiliate Program.
Affiliate Link means a hyperlink to RetouchingAcademy.com website that is copied from your individual password-protected Affiliate Dashboard on our site. Any HTML code 0r the designated URL alterations in any way after copying from the Affiliate Dashboard may cause Affiliate Link tracking to no longer function correctly. We take no responsibility for you not receiving credit for sales if you change your designated Affiliate Links.
Upon your acceptance as an Affiliate, you can use the graphics and text from our website in connection to the products you are advertising. You may display the graphics and text copied from our website, which are subject to the terms and conditions hereof, on your approved website. You will also receive access to the Affiliate Links via your Affiliate Dashboard on E-Junkie, which will serve to channel potential buyers to our website.
- Pay Affiliate the commission stated in our Affiliate Program for each sale made to buyers reaching our online store via your Affiliate Link/Links. Such sales must be recognized by E-Junkie and made within the sales “window” of 31 days.
- The final amount of commissions paid to the Affiliate is a claimed percent of each sale after Credit card and Paypal fees (approx. 3.4% + 1% (Non-U.S.) per transaction) are subtracted from the sale price. In other words, the affiliate commission is a claimed percent of the amount we actually receive (Net) from the buyers after all payment gateway fees are taken out.
- Pay Affiliate on a monthly basis within the first 5 days of the second month after the sale to account for potential charge backs.
- Transfer affiliate commissions to the PayPal accounts which our Affiliates are signed up to our Affiliate Program with.
- Place Affiliate Links on your site and have sole responsibility for the organization of the Affiliate Links, development and maintenance of your website.
- Respect Retouching Academy’s exclusive rights as to the names of its properties, including but not limited to Retouching Academy and Product titles. Make sure that your site does not copy or resemble the look of Retouching Academy website or create the impression that your website is Retouching Academy or a part it.
- You shall not purchase search engine keywords or domain names that use our trademark “Retouching Academy” and/or certain variations and misspellings thereof. Specifically, this policy prohibits you from:
- Bidding on our trademark or any variations of our trademark, “Retouching Academy”, and any keyword string that includes this term.
- Purchasing domain names based on Retouching Academy’s trademarks or variations of Retouching Academy’s trademark: for example “Retouching Academia.com”, “RetouchingAcademy”, “Retouching Academy EU”, etc.
- Purchasing Pay Per Click advertising containing Retouching Academy’s trademarks or variations of Retouching Academy’s trademark.
- Affiliate may not sign up and purchase Products through their own Affiliate Links. Such action is considered a cheat way of receiving extra discounts. If Affiliate violates this policy, Affiliate will be terminated from the Affiliate Program and Retouching Academy reserves the right to charge back, and/or disallow any and all commissions.
- Ensure that all materials posted on your site are not illegal and do not infringe on the rights of any person or entity of any kind. We disclaim all liability for all materials on your site.
- Indemnify, defend, and hold us harmless from all claims, damages, and expenses relating to the development, operation, and contents of your site.
- If any immoral or unethical links are added to your site pointing to Retouchingacademy.com, we reserve the right to pursue all legal courses of action against you to the fullest extent possible under the law and you will be responsible for returning all commissions to Retouching Academy and terminated from the program.
Furthermore, Retouching Academy uses a “last Affiliate owns the visitor system,” under which a particular Internet user is assigned to the last affiliate site he visited prior to entering Retouching Academy and making a purchase. For instance, the user visits Affiliate A; then enters RetouchingAcademy.com but does not make a purchase; then later visits Affiliate B; finally enters RetouchingAcademy.com and makes a purchase. In this case the buyer is assigned to Affiliate B, and the commission is paid to Affiliate B.
Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties hereto agrees that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or you, respectively, or any of our Affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its affiliates.
This survives the term of the agreement.
You and Retouching Academy are independent contractors and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf.
Affiliates will be removed from the Retouching Academy Affiliate Program and forfeit any pending commissions if they are utilizing or distributing software downloads that enable diversions of commission from other affiliates in our program. Such systems include those commonly known as “ParasiteWare” or that carry out functions commonly known as “Parasitic Marketing.”
ParasiteWare is software (including, but not restricted to, browser helpers, browser plug-ins, toolbars and pop ups/sliders) that knowingly or unknowingly undermines or removes another affiliate’s ability to compete by changing, intercepting or redirecting an affiliate link. ParasiteWare may be installed knowingly or unknowingly by the end user, altering their normal web browser functions and/or installing a third party application that works through the user’s altered browser.
Affiliate also agrees not to use any kind of technique that intercepts natural searches to redirect traffic through an installed software, thereby causing commission-tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the natural search. (Natural search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot, LookSmart and similar search or directory engines)
Affiliate agrees not to use any technique or marketing program that might reasonably be considered “predatory” or manipulative.
Retouching Academy reserves the right to determine whether a technique or program is unreasonable. In the event of a breach of this Agreement by Affiliate and/or a third party or licensee, Retouching Academy shall immediately terminate this agreement, and, in addition to all other remedies available to it, Retouching Academy shall have the right to refuse to make payments to Affiliate as a result of Affiliate’s efforts promoting Retouching Academy.
Affiliate agrees to indemnify, defend and hold Retouching Academy harmless from any cost, expense or liability arising out of any breach or alleged breach of your obligations under this Anti-Predatory Policy.
Affiliate agrees to comply with the requirements of the CAN-SPAM Act of 2003 (the “Act”) in its distribution of e-mail that contains messaging regarding Retouching Academy and its products. More specifically, e-mail that meets this criteria:
- May only be sent to recipients who have expressly agreed directly with Affiliate, in advance, to receive such communications from Affiliate.
- Must clearly and conspicuously identify that the message is an advertisement or solicitation, unless recipient has given prior affirmative consent to receipt of the message. Affirmative consent means that the recipient expressly consented to receive the message either in response to a clear and conspicuous request for such consent or at the recipient’s own initiative;
- Must clearly and conspicuously notify the recipient of the opportunity to decline to receive further commercial e-mail from Affiliate;
- Must provide a valid physical postal address of Affiliate;
- Must provide a functioning return e-mail address or other Internet-based mechanism, clearly and conspicuously displayed, that a recipient may use to submit, in a manner specified in the commercial e-mail, a reply e-mail or other Internet-based mechanism a request not to receive future commercial e-mail from Affiliate. The return address or Internet-based mechanism must be capable of receiving such messages for at least thirty (30) days after the transmission of the original message. Affiliate may not send subsequent commercial e-mails more than ten (10) business days after the recipient’s request not to receive further e-mails has been received (unless there is a subsequent affirmative consent by the recipient to receive such e-mails.) Once Affiliate receives such a request, Affiliate may not sell, lease, exchange or otherwise transfer or release the e-mail address of the recipient.
- May not contain materially false or materially misleading header information, or deceptive subject heading.
- May not contain sexually oriented material.
- Affiliate may not conduct fraudulent activities related to electronic mail, including but not limited to the material falsification of header or transmission information, the unauthorized use of someone else’s computer to send bulk commercial e-mail, and the registration of an e-mail account that materially falsifies the identity of the actual registrant. In addition, in the event of a breach of this E-mail Agreement by Affiliate and/or a third party or licensee, in addition to all other remedies available to it, Retouching Academy shall have the right to refuse to make payments to Affiliate as a result of Affiliate’s efforts promoting Retouching Academy, which efforts cannot be verified by Affiliate as having complied with the terms and conditions of this E-mail Agreement.
- Affiliate agrees to indemnify, defend and hold Retouching Academy harmless from any cost, expense or liability arising out of any breach or alleged breach of your obligations under this E-mail Agreement.
We may reject your E-Junkie application (at our sole discretion) if we feel your site is unsuitable or inconsistent with the mission of Retouching Academy. If your site is accepted, Retouching Academy may terminate this Agreement anytime thereafter if your site is determined (at our sole discretion) to be unsuitable for the Program, even if your site has not changed since the time that your Affiliate Program application was accepted.
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.
We grant you a nonexclusive, nontransferable, revocable right to link to our site through the Links solely in accordance with the terms of this Agreement, for the sole purpose of linking your site to our site, solely for the purpose of identifying your site as a participant in the Program and assisting in selling Retouching Academy service.
You may not alter, modify, or change the Links in any way. You are only entitled to use the Links to the extent that you are a member in good standing of the Retouching Academy Affiliate Program. We may revoke your license anytime by giving you written notice.
We make no express or implied warranties or representations with respect to the Retouching Academy Website or the Retouching Academy Affiliate Program (including, without limitation, warranties of fitness, non-infringement, or any implied warranties arising out of course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
We may modify any of the terms and conditions of this Agreement at any time. You will be notified by e-mail, using the e-mail address currently listed in your Affiliate Profile, and a change notice will be posted on our site. If the modifications are unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in this Affiliate Program after a change notice has been posted will constitute binding acceptance of the change.
The terms of this Agreement will begin upon our acceptance of your application. This Agreement shall commence on the date you join our Affiliate Program and shall continue thereafter in full force and effect until terminated at any time by either party by giving the other party written notice of termination.
Upon termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all Links to our site, and all Retouching Academy trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.
You hereby represent and warrant to us as follows:
- This Agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
- The development, operation, and contents of your site do not infringe upon the copyright, trademark, or any other right of any person or entity. Independent Investigation You acknowledge that you have read this Agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement or operate Web sites that are similar to or compete with your Web site. You have independently evaluated the desirability of participating in the Retouching Academy Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
If you commit fraud or falsify information in connection with the sale of Retouching Academy products through the Links on your site, this Agreement will be terminated immediately. In addition, you will be liable to Retouching Academy for any and all damages that Retouching Academy suffers as a result of such actions. You will also be responsible for returning to Retouching Academy all commissions received for fraudulent/falsified sales, and we will not hesitate to pursue all legal courses of action against you to the fullest extent possible under the law.
This Agreement and the rights and obligations hereunder may not be assigned by you without prior written consent of Retouching Academy.
Retouching Academy may terminate this Agreement at any time if your site is determined (at our sole discretion) to be unsuitable for the Program, even if your site has not changed since the time that your Affiliate Program application was accepted. Retouching Academy also reserves the right to monitor Affiliate sites at any time to determine whether they are in compliance with this Agreement.
If you have any questions, please don’t hesitate to let us know. We are strong believers in straight-forward and honest communication. For quickest results please email us at firstname.lastname@example.org.
© ALL RIGHTS RESERVED. All our guides, ebooks, books, articles, blog posts, tutorials, actions, panels and our other Products on this website are Copyright 2018 Queenscliff Global LLC, its contributors and affiliate partners, except where a different copyright ownership is mentioned.
Effective as of March 30, 2013