Infinite-Life Teachings (Courses by Kidest OM) Referral Partner (Affiliate) Agreement

Infinite-Life Teachings (Courses by Kidest OM) Referral Partner (Affiliate) Agreement
Primary Affiliate Website: https://www.infinite-life.com/partners.html
The following are the terms and conditions of participating in Infinite-Life Teachings Affiliate Program. “Affiliate” or “you” refers to yourself, and “Infinite-Life Teachings” refers to Infinite-Life Teachings located at the website address listed above.
All Affiliate applications are subject to approval by Infinite-Life Teachings in its sole discretion.
The Agreement is a legal document between Infinite-Life Teachings and Affiliate that describes the affiliate or referral partner relationship. Please ensure you read and understand the entirety of this agreement.  
 
1. Definitions
“Referral Partner” and “Affiliate” are equivalent and interchangeable terms to describe you and your relationship with Infinite-Life Teachings (Courses by Kidest OM). In addition, “Affiliate Link” and “Referral Partner Link” and “Referral Partner Redirect” are interchangeable terms to describe a unique URL designated by Infinite-Life Teachings which allows Infinite-Life Teachings to identify school or course enrolments as originating from you.
“Expenses” means advertising fees, taxes paid by customers, withholding taxes, discounts, bad debts, and other write-offs, a reserve for returns, refunds, and currency exchange fees, if any.
“Product” refers to Infinite-Life Teachings products, which will include virtual courses, and related products that will be more fully described at kidestom.teachable.com . Note: Infinite-Life Teachings reserves the right to exclude certain categories of Products and/or specific Products from inclusion in the Affiliate Program at its sole discretion.
“Buyer” means an individual or entity that purchases the Product.
 
2. Payments and Commissions
Infinite-Life Teachings will pay Affiliate a commission of the total amount collected by Infinite-Life Teachings, less Expenses, for each referred sale of the Product which is identified by a visitor from Affiliate’s unique Affiliate Link (“Commission”). Specific commissions are determined on an individual course basis and are published and shared with Affiliate via the Teachable dashboard.  
Any revenue generated by custom work, other work, or paid support services performed by Infinite-Life Teachings beyond the normal initial course fees for customers of Affiliate’s sales will be non-commissionable. All such revenues will be retained by Infinite-Life Teachings.
All Affiliate Commission payments shall be paid via PayPal using the PayPal associated email address specified by the Affiliate for this purpose, or as otherwise directed in writing.
 
If a qualifying sale is canceled or refunded, the related Commission will be deducted (“clawbacks”) from the next monthly payment. Affiliate will not be paid for its own orders of the Product.
 
3. Affiliate Link
You will be issued an “Affiliate Code,” exclusive and unique to your individual Affiliate Account, that will be contained within an “Affiliate Link” or unique URL, for each unique Product produced by Infinite-Life Teachings (Courses by Kidest OM) which allows Infinite-Life Teachings to identify visitors originating from your unique link. These visitors are tracked with this unique URL and sales are recorded with your Affiliate Id. To receive Commissions, you must use the provided Affiliate Link for the Product as is. You may include the URL in various forms such as a banner, image, or text link.
Affiliate is solely responsible for ensuring that its Affiliate Link is utilized properly to qualify for Commissions.
Infinite-Life Teachings reserves all rights in and to Infinite-Life Teachings name and all related trademarks, trade names, logos, taglines, slogans, and similar identifying marks (collectively, the “Trademarks”). Infinite-Life Teachings grants to Affiliate a nonexclusive right to display the Trademarks on Affiliate’s website and in email in connection with the Affiliate Link.
Before using the Trademarks, Affiliate must have any materials on which the Trademarks appear approved by Infinite-Life Teachings. Affiliate may not change the proportion, color or font of the Trademarks, or otherwise alter the Trademarks. Affiliate may not display the Trademarks in any manner that implies sponsorship or endorsement by Infinite-Life Teachings (Courses by Kidest OM), except of Affiliate’s involvement in the Affiliate Program described in this Agreement. Each Trademark must appear by itself, with reasonable spacing (at least the height of the Trademark) between each side of the Trademark and other graphic or textual elements.
The Trademarks may not be used to register Internet domain names for any purpose. Affiliate may not use the Trademarks to disparage Infinite-Life Teachings (Courses by Kidest OM), its products or services, or in a manner which, in Infinite-Life Teachings reasonable judgment, may diminish or otherwise damage Infinite-Life Teachings goodwill in the Trademarks. Affiliate acknowledges that all goodwill generated through Affiliate’s use of the Trademarks will inure to the benefit of Infinite-Life Teachings and hereby assigns and shall assign to Infinite-Life Teachings any and all goodwill generated through Affiliate’s use of the Trademarks, without any payment or other consideration of any kind to Affiliate, and Affiliate further agrees to take all actions necessary to effect such assignment. Upon termination of this Agreement, Affiliate shall cease to use the Trademarks.
Affiliate may bid on keywords using their affiliate link EXCEPT affiliate may not bid on the company name, product names, website names, synonyms, or trademarks (registered or not) owned or operated by Infinite-Life Teachings or our joint ventures or partners. Doing so gives Infinite-Life Teachings the right to unilaterally end payments to that affiliate for previous, current, or future purchases tracked to that affiliate or its sub-affiliates.
 
4. Confidential Information
“Confidential Information” shall include any information, whether oral, written or observed, regarding the terms of this Agreement or sales of the Product. All Confidential Information shall remain the exclusive property of Infinite-Life Teachings and shall be immediately returned to Infinite-Life Teachings upon request, together with all copies thereof. Affiliate shall hold Confidential Information in trust and confidence for Infinite-Life Teachings and shall not disclose such Confidential Information or use it for any purpose other than to perform as required by this Agreement. Affiliate may not disclose Confidential Information to employees or third parties unless it is necessary for such employees or third parties to know such Confidential Information in order for Affiliate to perform its obligations and duties pursuant to this Agreement.
 
5. Sending Unsolicited Email or Spam
Affiliate agrees to not send unsolicited mail or SPAM mail to promote any of Infinite-Life Teachings products or services. This action WILL RESULT in immediate termination of Affiliate’s account with a cancellation of any pending Commissions. Affiliate will also be in violation of the Infinite-Life Teachings Affiliate Agreement and subject to legal action.
 
 
6. Term of Agreement and Active Status
This agreement remains in effect until terminated by either party.
Within twenty-four (24) hours after termination (whether by Affiliate or Infinite-Life Teachings), Affiliate must remove all references to the Affiliate Link from Affiliate’s website and email lists.
Commissions by Affiliate earned through the date of termination of this agreement will remain payable only if the qualifying sales are not canceled or refunded by the Buyers referred by Affiliate.  
Affiliate must maintain a marketable email address in our database. Failure to maintain a marketable email address either due to opt out, spam complaint, hard bounce or any other mechanism which results in Infinite-Life Teachings being unable to communicate with Affiliate via broadcast, may result in removal from the Commission Program at the sole discretion of Infinite-Life Teachings.
 
 
7. Disclaimer
Infinite-Life Teachings through the Teachable Platform will make every reasonable effort to track and pay Commissions for all sales that apply to Affiliate. However, Infinite-Life Teachings is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish this service.
Infinite-Life Teachings expressly disclaims any and all warranties, express, implied or statutory, and any and all warranties of merchantability, non-infringement or fitness for a particular purpose with respect to the Product. The warranties, if any, with respect to the Product will run directly from Company to Buyers.
 
8. Privacy
To protect Infinite-Life Teachings customer privacy, we cannot provide identifying Buyer names and contact information to Affiliate. However, an online report detailing price, service, date of sale, and certain other data will be available in the Teachable dashboard for Affiliate’s records.
 
9. Independent Businesses
The relationship between Infinite-Life Teachings and Affiliate established by this Agreement is that of independent businesses in a contract, and nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between Affiliate and Infinite-Life Teachings. Infinite-Life Teachings and Affiliate shall each conduct its respective business at its own initiative, responsibility and expense, and shall have no authority to incur any obligations on behalf of the other, except as otherwise provided herein.
The term “Affiliate” shall not be interpreted as a legal partner or affiliate, simply as an independent business doing marketing for Infinite-Life Teachings under this agreement. Affiliates are NOT employees of Infinite-Life Teachings, and are responsible for their own local, state, or country taxes. Affiliate understands that Affiliate does not have authority to make or accept any offers or make any representations on behalf of Infinite-Life Teachings. Affiliate shall not misrepresent Infinite-Life Teachings products or services.
 
10. Limitation of Liability
Infinite-Life Teachings shall not be held liable for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or program, even if Infinite-Life Teachings has been advised of the possibility of such damages. Infinite-Life Teachings aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total Commissions paid or payable by Infinite-Life Teachings to Affiliate under this agreement. In no event shall Infinite-Life Teachings be liable to any party for costs of procurement of substitute goods, lost profits or any other special, consequential, incidental, or indirect damages, losses, costs or expenses of any kind, however caused, and whether based in contract, tort (including negligence), or any other theory of liability regardless of whether Infinite-Life Teachings has been advised of the possibility of such damages, losses, costs or expenses.
Affiliate understands that Affiliate tracking can never be 100% accurate and Infinite-Life Teachings is not responsible for inaccuracies that might occur. Tracking of Affiliate sales on the Teachable platform depends on several factors which are out of the control of Infinite-Life Teachings.  Infinite-Life Teachings cannot guarantee 100% tracking for situations beyond its control.
 
11. Miscellaneous
This agreement shall be governed by the laws of the Province of British Columbia and Canada, without regard to conflict of law principles. All disputes arising out of or related to this Agreement shall be subject to the exclusive jurisdiction and venue of the provincial and federal courts located in British Columbia, Canada, and the parties consent to the personal and exclusive jurisdiction of these courts.
This is the entire Agreement between Affiliate and Infinite-Life Teachings with respect to the subject matter hereof. Affiliate may not assign this Agreement, by operation or law or otherwise, without Infinite-Life Teachings prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Infinite-Life Teachings failure to enforce Affiliate’s strict performance of any provision of this Agreement will not constitute a waiver of Infinite-Life Teachings right to subsequently enforce that provision or any other provisions of this Agreement. No waiver of any provision hereof will be effective unless in writing and signed by the party against whom such waiver is sought to be enforced.