Agreement for Affiliate Marketing Services The TEFL Academy herein referred to as “the Company”; and All affiliates herein referred to as “the Affiliate”;Shareasale herein referred to as “the Affiliate Program ”Purpose of agreement1. This Agreement sets out the terms on which the Company appoints the Affiliate to undertake the agreed Marketing Services through the Affiliate Program. This Agreement is the Company’s terms of use via the Affiliate Program and not a contract of employment. No term within this Agreement is intended to infer an employment relationship between the Company and theAffiliate.2. As such, the Affiliate is not entitled to any employment rights in respect of any period ofappointment.3. The Affiliate will at all times represent him/herself as an independent Affiliate in business on his/her own account and is not part and parcel of the Company. The Affiliate shall not represent him/herself as an employee of the Company.4. Providing Marketing Services through the Affiliate Program will be deemed to be an agreement to all terms within with this document. Provision of work5. The Company is under no obligation to offer the Affiliate any work. Accordingly, the Affiliate shall not be obliged to accept any work offered by the Company. No mutuality of obligation is created under this agreement. Acceptance on to the Affiliate Program6. The decision as to whether a prospective Affiliate is accepted onto the Affiliate Program is entirely up to the Company’s discretion. No justification will be provided to the Affiliate upon the decision to decline acceptance to the Affiliate program.7. Potential Affiliates will be notified via email by the Company of the outcome of their application tothe Affiliate program within 14 working days.8. Upon acceptance to the Affiliate Program, Affiliates are eligible for commission immediately. Any sales made prior to acceptance to Affiliate Program, or after termination of this agreement will not be eligible for commission.9. Upon acceptance to the Affiliate program, Affiliates shall market the Company’s products on their own networks in exchange for the agreed commission fee for all successfully tracked and confirmed sales. The Affiliate Program’s tracking involves two 'tags' or 'pixels' which are snippets of code installed specifically on the checkout 'thank-you' receipt page and in the header of every other site page.10. Affiliates shall be kept up-to-date with Company messaging, offers and promotions and shall receive related marketing materials via the Affiliate program platform.11. The transaction lock date duration shall be 20 days. Affiliate’s obligations12. The Affiliate agrees on his/her own part and on behalf of any delegates as follows.(a) Not to engage in any conduct detrimental to the interests of the Company which includes any conduct tending to bring the Company into disrepute or which results in the loss of custom or business.(b) The Affiliate may undertake work for any other organisation at any time, whether before, during or after this appointment, and the undertaking of such work will not preclude the Company offering the Affiliate commissions when successful sales are created by the Affiliate via the Affiliate Program.(c) To adhere to the Company’s brand guidelines for any and all promotions and marketing.(d) To adhere to the Company’s prohibition of link spamming with the intention of creatingbookings.Commission13. The Affiliate will receive commission from the Company for the Marketing Services provided at the rate displayed in the Affiliate’s profile page within the Affiliate program website.14. In order for a sale to be eligible for commission it must be successfully tracked by the Affiliate Program.15. Upon successful sales tracking via the Affiliate Program, the Affiliate will be paid directly by the Affiliate Program for any and all commissions as per the Affiliate Program’s own payment schedule and Terms and Conditions.Confidentiality16. It is possible that, during the appointment, the Affiliate will obtain knowledge of sensitive Company information including but not limited to its business strategy, marketing materials, sales data or customer information. In order to protect such information, and without prejudice to every other duty to keep secret all information given to it or gained in confidence, the Affiliate agrees on his/her own part and on behalf of his/her delegates as follows:(a) Not at any time whether during the appointment or after its termination to disclose to any person or to make use of any confidential information of the Company, unless this has been expressly authorised by the Company. The Affiliate should seek this express authorisation before any such disclosure.(b) Not at any time to make any copy, abstract, summary or précis of the whole or any part of any document or other material belonging to the Company except when required to do so in the course of his/her duties in which event any such item shall belong to the Company as appropriate.(c) Not at any time after the termination of this Agreement use or procure the use of the name of the Company in connection with his/her own or any other name in anyway calculated to suggest that he/she continues to be connected with the business of the Company or in any way hold himself/herself out as having such connection. Data Protection17. The Company may collect and process certain types of data about the Affiliate and does soin line with data protection legislation. The Affiliate shall read the Company’s Privacy Notice(link) for more information about the types of data processed and the reasons for theprocessing.Termination18. Either party may withdraw from this Agreement by giving written notification to the other party of this intent.19. In addition, this Agreement will be terminated by the Company with no notice in the event of any of the following:(a) being in material or persistent breach of any of the terms of this contract.(b) persistently and wilfully neglecting or becoming incapable for any reason of efficiently performing the Services, including a failure to remedy any fault within a reasonable period of time of being notified of that fault.(c) doing any action manifestly prejudicial to the interest of the Company or which may, in the opinion of the Company, bring it into disrepute.(f) and the Affiliate shall have no claim against the Company is respect of the termination of their accepted status for any of the reasons specified above. Entire agreement20. This contract contains the entire Agreement and understanding of the parties relating to the subject matter of this contract and extinguishes all previous Agreements between the parties relating to the subject matter hereof.Severability21. If any provision of this agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions of this contract shall continue in full force and effect as if this Agreement had been signed with the invalid, illegal or unenforceable provision eliminated. Law and jurisdiction22. This agreement is governed by the laws of England and Wales and the parties submit to the jurisdiction of the courts of England and Wales.
