Affiliate Program Agreement
1. Introduction
This Affiliate Program Agreement ("Agreement") is made between Smart Owl Education Private Limited ("Codeyoung," "we," "us," "our") and the Affiliate ("you," "your"). This Agreement outlines the terms and conditions for your participation in our Affiliate Program through the Share-a-Sale platform.
2. Trademark Regulations
You are granted a non-exclusive, non-transferable license to use our trademarks, logos, and other intellectual property (collectively, "Marks") solely for the purpose of promoting our services. You agree to:
- Use our Marks only in the form and manner approved by us.
- Not alter or modify our Marks in any way.
- Not use our Marks in any manner that is misleading, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable.
- Cease using our Marks immediately upon termination of this Agreement.
3. Social Media Policy
When promoting our services on social media, you agree to:
- Accurately represent our courses and services without making false claims or promises.
- Avoid any misleading, deceptive, or unethical conduct.
- Disclose your affiliate relationship with us in a clear and conspicuous manner in compliance with FTC guidelines.
- Ensure that all content complies with applicable laws, regulations, and platform policies.
4. Email Marketing Policy
When engaging in email marketing, you agree to:
- Represent our services accurately without making false claims or promises.
- Avoid any misleading, deceptive, or unethical conduct.
- Disclose your affiliate relationship with us clearly in compliance with FTC guidelines.
- Comply with all applicable laws, including the CAN-SPAM Act.
5. Coupons and Deal Policy
We offer curated coupon codes for affiliates, providing up to a 45% discount on the final course price listed on our website. To claim the offer, users registering for a free trial must input this coupon code. The offer can be redeemed when the user transitions from the trial class to paid classes, by informing the dedicated assigned Academic Counsellor before completing the payment. Misuse of coupons, including unauthorized distribution or sharing outside approved affiliate channels, is strictly prohibited. Any identified misuse, upon verification and review, may result in termination from the program.
6. FTC Disclosure Requirements
You are required to comply with the Federal Trade Commission (FTC) guidelines on endorsements and testimonials. This includes:
- Clearly and conspicuously disclosing your affiliate relationship with us in all communications.
- Ensuring that your disclosures are easy to notice and understand.
- Not making any false or misleading statements about our services.
7. Special Commission Rules
Our program operates under a standard commission structure for all affiliates, with no default exceptions. However, we are open to discussing custom commission rates based on an affiliate’s performance. Exceptional commission adjustments may be considered and applied manually through the ShareASale platform for high-performing affiliates who meet specific conversion or lead thresholds.
8. Pay Per Click (PPC) Compliance
Affiliates may use PPC advertising solely to promote their dedicated coupon or free trial class offering from Codeyoung. Use of PPC advertising beyond this scope is not permitted.
PPC Compliance - Keyword Approval
All keywords intended for use in PPC campaigns must be submitted to Codeyoung for approval before launching the campaign. Unauthorized use of keywords, particularly those overlapping with Codeyoung’s brand terms or that conflict with Codeyoung’s own advertising strategy, is prohibited. Any unapproved or conflicting keywords may result in termination from the program. Codeyoung reserves the right to review, modify, or reject any keywords that do not align with its marketing objectives.
9. Sales Tax and Government Regulations
You are responsible for complying with all applicable laws and regulations, including those related to sales tax and government regulations. We are not responsible for any violations of such laws and regulations by you.
10. Grounds for Termination
We reserve the right to terminate your participation in our Affiliate Program at our sole discretion. Grounds for termination include, but are not limited to:
- Violation of any terms of this Agreement.
- Misuse of our trademarks or intellectual property.
- Engaging in unethical, deceptive, or misleading conduct.
- Failure to comply with FTC disclosure requirements.
- Breach of applicable laws or regulations.
- Any other conduct deemed detrimental to our business or reputation.
11. Modification of Agreement
We reserve the right to modify any terms and conditions of this Agreement at any time. You will be notified of any changes, and continued participation in the program constitutes acceptance of the modified terms.
12. Limitation of Liability
We will not be liable for any indirect, incidental, special, or consequential damages arising in connection with this Agreement or the Affiliate Program. Our total liability will not exceed the total commissions paid or payable to you under this Agreement.
13. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of your State & Country, without regard to its conflict of law principles.
14. Acceptance
By participating in our Affiliate Program, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement.
15. Geographic Eligibility for Commission
The Affiliate will be eligible for commission only if the end user registering for a trial class is located in either the United States or Canada. In all other cases, including but not limited to registrations from other countries, the affiliate commission will not be valid, and no rewards will be issued.
