Before submitting your Affiliate Application, please read the Terms & Conditions shown below.
The short version:
- Commissions are paid out monthly via PayPal.
- Don’t use your affiliate links in any way that would be considered spam.
The Complete Terms & Conditions
This Agreement contains the terms and conditions that apply to an individual’s or entity’s participation in the Immrama Institute Affiliate Program (the “Program”). As used in this Agreement, “we”, “us” or “ours” means the Immrama Institute, and “you”, “your” or “yours” means the participating individual or entity. “Site” means a World Wide Web site and, depending on the context, refers either to the Immrama Institute site, located at the URL www.immrama.org, or to each site that you will link to our site (each of which you will identify in your Program application). Your failure to comply with any provision of this Agreement shall be grounds for the Immrama Institute to terminate this Agreement immediately and for your forfeiture of any commissions.
In consideration of the covenants and agreements herein, the sufficiency of which is acknowledged, the parties hereby agree as follows:
Before submitting your Affiliate Application, please read the Terms & Conditions shown below.
If accepted as a participant in the Program, you will be granted (subject to the terms and conditions of this Agreement) the non-exclusive right to earn commissions on sales generated by the Immrama Institute from customers voluntarily referred to our site from your site by means of an Internet hypertext transfer link placed on your site, included in an e-newsletter, or included in an email sent to opt-in subscribers. To become a participant in the Program, you will first have to submit an Affiliate Program Application via our site. We will evaluate your application and notify you by email whether your Affiliate Program Application has been accepted or rejected. We may reject your application if we determine, in our sole discretion, that your site or business is not suitable for the Program for any reason.
* Setting Up Links: During the term of this Agreement, we will make available to you by email on a non-exclusive basis hypertext transfer “button” or text links to a specified page on our site (“links”). Such links may contain a particular Immrama Institute logo, words identifying the Immrama Institute, and/or text. You may use the available images and links provided by the Immrama Institute, in the promotion of our products, but you may not generate new graphics or images using the Immrama Institute name or logo without obtaining prior permission from the Immrama Institute
* Using Links: You may display the Links on your site, provided you abide by the terms and conditions of this Agreement. In using the Links, you agree to cooperate fully with us in order to establish and maintain such Links. You shall comply with all guidelines provided by us with respect to all references to us.
* Pay-per-click / Pay-per-impression: You shall not include your affiliate Links as part of a pay-per-click or pay-per-impression advertising campaign. You may, however, include links to your own web site in a pay-per-click or pay-per-impression campaign and place your affiliate Links on the destination web page on your site.
* No Spam or Forced Linking: You shall not send unsolicited email (“spam”) with a Link, our URL, or any other reference to the Immrama Institute or its products or services referenced in the email. You also shall not force visitors to our site via any mechanism which acts as an automatic transport, such as “meta refresh” or “forced exit” scripts. This Agreement shall terminate immediately and automatically if you direct traffic to our site through the use of spam or any automatic transport mechanism or otherwise use a Link in an unauthorized fashion, and in such case all commissions earned shall be immediately and automatically forfeited.
3. Customer Inquiries, Support Requests, and Testimonials:
You agree to refer immediately to us any customer inquiries, support requests, or testimonials concerning the Immrama Institute, its products or services, via the Contact Form on our web site.
4. Order Processing
We will be responsible for processing all orders placed by customers who follow the Links from your site to our site. All aspects of order processing and fulfillment, including order entry, customer service, shipping, cancellations, returns and payment processing will be our sole responsibility.
5. Order Tracking
We will track the amount of purchases made by customers who follow the Link from your site to our site. We will make this information available to you through the Affiliate Account section of our site. To permit accurate tracking, reporting, and commissions, please be sure the Links between your site and our site are properly formatted.
* Calculation: We will pay you a commission equal to forty percent (40%) of Net Sales for all purchases made by customers after the customer followed a Link to our site from your site, for which we have received full payment. Net Sales shall include those amounts received by us for the sale of products or services less amounts collected by us for sales taxes, duties, shipping, handling, returns, credit card fraud, and similar charges. A commission will only be paid if the visitor to our site is tracked by our system, so it is important to use the Links provided to you in order to ensure proper tracking of each sale.
* Earning Commissions: For a sale to generate a commission, the customer must: (a) follow a Link from your site (or e-newsletter or email) to our site; (b) purchase a product using our online ordering system after first following the Link to our site; and (c) remit full payment to us. You shall have no claims to commission or compensation on business secured by or through other persons or entities. Commissions may be earned only on your referrals of customers other than yourself.
* Payment: We will pay your commission on a monthly basis. On the last business day of each month, we will send the funds to you through PayPal for commissions earned on products sold during the previous month. (For example, commissions for orders placed in February are paid out at the end of March; commissions for orders placed in March are paid out at the end of April, etc.) All payments shall be made in U.S. dollars. The Immrama Institute shall not be responsible for exchange rate fluctuations or currency conversion costs for international affiliates.
* Referring yourself for your own purchase: We will not issue a commission payment on a purchase if you refer yourself using your own affiliate Link.
* Refunds/Returns: If a product that generated commission is later returned by the customer in accordance with our Refund Policy, we will deduct the corresponding commission from your next monthly payment.
* Credit Card Fraud/Chargebacks: If a purchase that generated a commission is determined to be an occurrence of credit card fraud, commission will not be earned on the purchase. If a purchase is shipped and later determined to be an occurrence of credit card fraud, commission will not be earned on the purchase and we will deduct the corresponding commission from your next monthly payment. If a purchase is shipped and the credit card holder disputes the charge, resulting in a chargeback to us, we will deduct the corresponding commission from your next monthly payment.
7. Policies and Pricing
Customers who buy products or services through the Affiliate Program are customers of the Immrama Institute. All Immrama Institute rules, policies, and operating procedures concerning customer orders, customer service, and sales apply to these customers. We may change our rules, policies, and operating procedures at any time. For example, we will determine the prices to be charged for products and/or services sold under the Program in accordance with our own pricing policies, and prices and availability may vary from time to time. We shall have no obligation to share any customer information collected by the Immrama Institute, including (without limitation) name and contact information.
* Ownership: You acknowledge and agree that all rights, titles and interest in all Immrama Institute logos, graphics, trade names, trademarks and service marks, including those incorporated in Links (collectively, the “Immrama Institute Marks”), are the sole and exclusive property of the Immrama Institute and may not be used without our prior written consent.
* Limited License: During the term of, and subject to the terms and conditions of, this Agreement, we grant you a non-transferable, non-exclusive, revocable license to: (a) access our site through Links established on your site solely as set forth under the terms of this Agreement; and (b) solely in connection with such Links, use specified the Immrama Institute Marks we provide to you for the purpose of promoting on your site the availability of products and services from the Immrama Institute. During the term of, and subject to the terms and conditions of, this Agreement, you grant a non-transferable, non-exclusive, revocable license to reproduce and display your logos, trademarks, trade names and similar identifying material (collectively, the “Affiliate Marks”) provided by you so that we may refer to you as a participant in the Program should we so desire.
* Restrictions: You are not permitted to alter, modify or change any Immrama Institute Mark in any way whatsoever. We reserve all of our rights in the Immrama Institute Marks and all other intellectual property rights. You shall not assert the invalidity, unenforceability or contest the ownership by the Immrama Institute of the Immrama Institute Marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our rights in the Immrama Institute Marks, render the Immrama Institute Marks generic, or otherwise weaken their validity or diminish their associated goodwill.
9. Obligations Regarding Your Site
* Operation: You will be solely responsible for, and the Immrama Institute shall have no liability related to, the development, operation, and maintenance of your site.
* Domain Name: You agree that the domain name for your site does not and will not contain the “Immrama Institute” mark, or any variation of “immrama”.
* No domain or URL masking: You may not use hidden or masked URLs to display your own URL in the browser’s address bar while simultaneously displaying the Immrama Institute site. Doing so will cause our online store to NOT recognize your affiliate referrals. As a result, commissions may not be recorded for orders placed through your affiliate link if the domain/URL is masked.
* No Confusing Content: Your site may not “co-brand” or “frame” our site or otherwise have any portion of your site visible on the screen once a user has clicked through to our site. Other than the images and text provided specifically for Affiliate use, your site will not in any way copy any content from, or resemble the look and feel of, the Immrama Institute site, nor may it or you create the impression that your site is the Immrama Institute site or is part of the Immrama Institute site. You also agree not to purchase or otherwise contract with a third party to exploit any of the Immrama Institute Marks for the purpose of causing your site to appear as a search engine result or for any other reason. All content on the Immrama Institute site is the copyrighted material of the Immrama Institute and may not be copied without prior written permission from the Immrama Institute.
* Claims & Product Details: Under no circumstances may any Affiliate in any way state or imply (in text or otherwise) that the site offers or sells products or services of the Immrama Institute on sale, off price, at a discount, or otherwise at lower than regular prices. In addition, you shall not misrepresent the Immrama Institute or otherwise make any claims, representations or warranties in connection with our products, technology, or services, and shall have no authority to, and shall not, bind us to any obligations.
10. Term & Termination
* Term: The term of this Agreement will begin upon our acceptance of your Affiliate Program Application and will end when terminated either by you or us. At any time, either you or we may terminate this Agreement, with or without cause, by giving the other party written notice of termination. If this Agreement is terminated for any reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
* Effect of Termination: Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all Links and any other materials provided by or on behalf of us to you pursuant to this Agreement or in connection with the Program, and return to the Immrama Institute all of its confidential information.
11. Limitation of Liability
We will not be liable for indirect, incidental, special, exemplary or consequential damages, or any loss of revenue, profits or data arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, and notwithstanding any other provision of this Agreement, our aggregate liability arising with respect to this Agreement and the Program for any reason and upon any cause of action will not exceed the total commissions paid or payable to you under this Agreement during the twelve (12) month period immediately before you were to make and notify us of a claim. This limitation applies to all causes of action in the aggregate, including (without limitation) breach of contract, breach of warranty, negligence, misrepresentations and other torts. No action, regardless of form, arising out of this Agreement may be brought by you more than one (1) year after the cause of action has accrued. Both parties understand and agree that the remedies and limitations herein allocate the risks between the parties as authorized by applicable laws. The fees herein reflect, and are set in reliance upon, this allocation of risk and the exclusion of consequential and other damages set forth in this agreement.
We make no express or implied warranties or representations with respect to the Program, the Immrama Institute Marks, the Immrama Institute website, the Links or any products, services or other items sold or licensed through the Program, including (without limitation) implied warranties of merchantability, fitness for a particular purpose, non-infringement, system integration, non-interference and accuracy of informational content. 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.
13. Representations and Warranties
You hereby represent and warrant to us the following: (a) this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; (b) the execution, delivery and performance by you of this Agreement and the consummation by you of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate any provision of law, rule or regulation to which you are subject, any order, judgment or decree applicable to you or binding upon your assets or properties, any provision of your by-laws or certificate of incorporation or organization or any agreement or other instrument applicable to you or binding upon your assets or properties; (c) you are an adult of at least 18 years of age; (d) you are the owner of the Affiliate Marks and have all the rights and power to license such marks to the Immrama Institute; and (e) your site complies, and shall continue during the term of this Agreement to comply, with all applicable laws.
You hereby agree to indemnify, defend and hold harmless the Immrama Institute, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expenses (including attorneys’ fees and costs) of any nature whatsoever incurred or suffered by us (collectively the “Losses”), in so far as such Losses (or actions in respect thereof) arise out of or are based on: (a) any claim or threatened claim that our use of any Affiliate Mark or other material provided by you infringes on the copyright, trade secret, trademark, patent or other intellectual property rights, proprietary rights or other rights of any third party; (b) the breach of any representation or warranty made by you herein, or any of your obligations herein; or (c) any claim related to your site.
You may not assign, sublicense or otherwise transfer this Agreement or any of your rights or obligations hereunder, by operation of law or otherwise, without our prior written consent, which may be withheld in our sole and absolute discretion. 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.
16. Other Provisions
* Relationship of Parties: The Immrama Institute and you 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 have no authority to make or accept any offers or representations on our behalf, and agree not to make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
* Modification: We may modify any of the terms and conditions contained in this Agreement at any time and in our sole discretion. Posting on our site of a change notice or a new agreement is considered sufficient notice, although we may also notify you of changes by email. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Program following our posting of a change notice or new agreement on our site, or notifying you by email, will constitute binding acceptance of the change. You agree always to provide us with timely written updates of your contact information.
* Interpretation: The parties have agreed to execute this Agreement in the English language. In the event of any dispute in connection with this Agreement, the English language version of the Agreement will control for all purposes. Any action brought under this Agreement shall be conducted in the English language.
* Enforcement: Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to enforce such provision or any other provision of this Agreement. The headings used in this Agreement are for convenience only and are not intended to be used as an aid to interpretation. If any part of this Agreement is held by a court of competent jurisdiction to be illegal or unenforceable, the validity or enforceability of the remainder of this Agreement shall not be affected and such provision shall be deemed modified to the minimum extent necessary to make such provision consistent with applicable law and, in its modified form, such provision shall then be enforceable and enforced.