Affiliate Agreement
* This Affiliate Agreement (“Agreement” or “Affiliate Agreement”) sets out the terms and conditions governing your application for, and (if accepted by us) participation in, the LearnSQL.com Affiliate Program (“Affiliate Program”). This * Agreement is non-exclusive and does not prevent or restrict us from entering into the same or different agreement with any third parties.
* This Agreement is entered into by Vertabelo SA, Filona 16, 02-658 Warsaw, Poland company (“LearnSQL.com”, “we”, “our”, “us”) and you ("Affiliate", “you” and “your”).
* By applying to participate in the LearnSQL.com Affiliate Program, confirm that you have read this Affiliate Agreement and that you agree to all of the terms and conditions set out in it. If you do not agree to the terms of our Affiliate Agreement, please do not submit an application to us.
General Notice about LearnSQL.com Affiliate Program
Our program operates under the general ShareASale rules. By joining our program, you agree to adhere to ShareASale' rules. Additionally, we have specific conditions that you must consider.
Conversion and Commission
* Definitions of conversion align with those in the Terms of Service of ShareASale, as do the commission guidelines.
* A conversion is counted when a customer accesses our website via your affiliate link and successfully purchases any of our single SQL courses, SQL tracks, or the All Forever Plan within a 45-day attribution window (return days), provided there are no chargebacks or refunds.
* The current affiliate commission for the LearnSQL.com affiliate program is 30%, payable under the standard terms and conditions specified in ShareASale' Terms & Conditions. We may change commission amounts at any time, and you will be notified in advance. You are responsible for all charges, fees, taxes, exchange rates, surcharges, and other expenses arising from your Affiliate relationship with us, including those incurred to receive any commission.
* The commission is paid only through the methods provided by ShareASale. To withdraw funds, you must have an account with this service.
PPC Advertising Prohibition Policy
1. No PPC Advertising: Affiliates are strictly prohibited from using any Pay-Per-Click (PPC) advertising methods, including platforms like Google AdWords, Bing Ads, and Facebook Ads, to promote [Your Program Name] or its products.
2. Consequences for Violation: Violation of this policy will result in immediate termination of the affiliate agreement and forfeiture of any accrued commissions. We actively monitor and enforce this prohibition.
Your commitments
You represent that:
1. You have not, and will not, mislead us in any aspect of your Affiliate Program application; and you will not; and your website, service, and correspondence do not (and will not) contain or incorporate any content or materials that (and/or in LearnSQL’s sole discretion are considered to):
* promote adult content, including without limitation any nudity, sexual terms and/or images of people in positions or activities that are excessively suggestive or sexual, or provocative images in violation of legislation in your local jurisdiction
* (including without limitation) be violent, obscene, defamatory, libelous, slanderous abusive, harassing, threatening, harmful, and/or otherwise unlawful;
* promote hate speech, whether directed at an individual or a group, and whether based upon (including without limitation) the race, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or the language of such individual or group;
* infringe (or assist others to infringe) any copyright, trademark, or other intellectual property rights or other rights of third parties (including without limitation of any intellectual property rights, rights of privacy, or rights of confidentiality); contain any misrepresentations; and/or violate any applicable laws, regulations or codes of practice;
* includes the name “LearnSQL.com” or variations or misspellings thereof in its domain name and as keywords in PPC campaigns;
* promote politically religious agendas and/or any known associations with hate, criminal and/or terrorist activities;
* promote gambling, including without limitation, any online casino, sports bets, etc.;
* contain software downloads that potentially enable diversions of commission from other affiliates in our Affiliate Program;
* make representations through code, designs, imagery, video, text, or otherwise, that make your website resemble the LearnSQL.com website in a manner that leads anyone to believe that you are the LearbSQL.com Website, business, or a legal representative of LearnSQL.com in any way;
* Offer discounts, coupons, or other forms of promised kickbacks to any third party from your Commission as an incentive;
* generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set ‘affiliate cookies’ unless in strict compliance with applicable data protection laws. Affiliate Links must direct users to the LearnSQL.com Website;
* imply that you are acting on our behalf;
* represent yourself, LearnSQL.com, or your relationship with us in a false or misleading way; and/or engage a distribute in any unsolicited bulk email (spam) mentioning or referencing LearnSQL.com.
Further arrangements
1. Your websites will not have “Click for (or to see) Deal/Coupon” or any variation when there are no coupons or deals available, and the click opens the LearnSQL.com Website or sets a cookie. You understand that if this occurs you will be removed from our Affiliate Program immediately and without us having any liability to you;
2. You will not use misleading text on Affiliate Links, buttons, or images to advertise anything besides currently authorized deals to you. The commercial purpose of your marketing efforts must be clearly identifiable. You shall not disguise your affiliate marketing efforts as consumer recommendations or as similar non-commercial messages.
3. You will not bid in their pay-per-click campaigns on keywords referred to LearnSQL.com or any misspellings or similar alterations of these – be it separately or in a combination with any other keywords – this will be considered to be in material breach of the Affiliate Agreement.
4. You will not submit any so-called "Parasitic Software", "Parasitic Marketing", "Shopping Aid Apps", "Toolbar and/or Add-ons Installation", "Shopping Wallets" or "fraudulent pop-ups and/or pop-unders "for consumers from the time the consumer clicks on the eligible link until the consumer has fully exited LearnSQL.com (i.e. no page from our site or any LearnSQL.com content or brand is visible on the user's screen) final). As used herein, "Pasositeware" and "Parasitic Marketing" means an application that:
* through accidental or direct intent causes the overwriting of affiliate and non-affiliate commission tracking cookies through any other means than a customer-initiated click on a qualifying link on a web page or email;
* intercepts searches to redirect traffic through an installed software, thereby causing, pop-ups, 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 Internet search and directory engines (services referred here as examples include, but are not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot);
* targets text on websites, other than those sites 100% owned by the application owner, for the purpose of contextual marketing; and/or removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on websites 100% owned by the owner of the application.
5. You are solely responsible for any and all maintenance and information updates on your website.
6. Self-referrals for affiliate purchases are strictly prohibited. This means that you: will not be considered a User; cannot refer yourself using your Affiliate Link; will not receive any Commission for any purchases by you for your own use and such purchases will not be deemed a Conversion.
7. We reserve the right, at any time, to review your Affiliate Link placements. We may approve or disapprove the use of your Affiliate Links and require you to change their placement in order to comply with the terms of this Affiliate Agreement.
8. Failure to make the changes to your website that we feel are necessary within a reasonable time period will constitute a material breach of this Affiliate Agreement.
Grant of Licenses
1. During the time of participation in the LearnSQL.com Affiliate Program, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license to use our logos, trade names, trademarks, and similar identifying material expressly permitted by us in writing (collectively, the “Licensed Materials”).
2. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of the Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of LearnSQL.com and the goodwill associated with it will ensure the sole benefit of LearnSQL.com. Other than the limited license granted in this section, LearnSQL.com and its suppliers retain all rights, titles, and interests to its e-learning platform and the Licensed Materials.
Limitation on Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL LEARNSQL.COM’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSIONS PAID TO YOU UNDER THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHT OR REMEDY IN EQUITY, INCLUDING THE RIGHT TO SEEK SPECIFIC PERFORMANCE, INJUNCTIVE, OR OTHER EQUITABLE RELIEF IN CONNECTION WITH THIS AGREEMENT. NOTHING IN THIS PARAGRAPH WILL OPERATE TO LIMIT LIABILITIES THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to indemnify, defend, and hold LearnSQL.com, and their respective directors, officers, employees, and agents harmless from and against any and all third-party claims, demands, liabilities, costs, or expenses, including attorney’s fees, and costs, arising from, or related to any breach by you of any of these Affiliate Program terms or any violation by you of applicable law.
Grounds for termination
1. Termination due to violating the rules of this agreement: We reserve the right to re-evaluate your participation in our Affiliate Program at any time, particularly if we suspect you have breached this Affiliate Agreement. Any violation of this agreement's rules may result in termination.
2. Termination Upon the Request of the Affiliate: The Affiliate may initiate the termination of this Agreement at their discretion. Such a request for termination must be submitted according to ShareASale Terms & Conditions.
3. Termination by mutual agreement: Both parties reserve the right to terminate this Agreement at any time upon mutual agreement. If both LearnSQL.com and the Affiliate mutually agree that the continuation of the agreement is not in their best interest, this Agreement may be dissolved by mutual consent.
4. Termination Due to Closure of the Affiliate Program: In the event that LearnSQL.com decides to close its Affiliate Program, this Agreement will be terminated. Affiliates will be notified in advance of the program's closure, and any accrued commissions will be paid out in accordance with the terms of this Agreement.
Other Terms
1. All affiliates must adhere to the Federal Trade Commission (FTC) guidelines for transparent disclosure. It is essential to clearly communicate your affiliate relationship with LearnSQL.com when promoting our products. We strongly recommend following the FTC's best practices to ensure compliance and maintain transparency with consumers.
2. If any provision in this Affiliate Agreement is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void, or unenforceable) will be struck and will not affect the validity and enforceability of the remaining provisions.
3. Every dispute should be resolved according to the terms specified in the Terms and Conditions of ShareASale. If disputes cannot be resolved under the terms of use of ShareASale, they will be resolved under the laws of Poland, and you agree to submit any dispute to the exclusive jurisdiction of the courts located in Warsaw, Poland.
