Elite Legacy Education Affiliate Program Rules
Updated: April 19, 2018
The following rules ("Affiliate Program Rules") govern your participation in the Elite Legacy Educationtm Affiliate Program (the "Affiliate Program"). "We," "us," or "our" means Elite Legacy Education, Inc. or any of its affiliate companies, as the case may be.
BY CHECKING THE BOX INDICATING THAT YOU AGREE TO THE TERMS AND CONDITIONS OF THE AFFILIATE PROGRAM, OR BY CONTINUING TO PARTICIPATE IN THE AFFILIATE PROGRAM AFTER YOU HAVE BEEN NOTIFIED OF A CHANGE TO THE AFFILIATE PROGRAM, YOU (A) AGREE TO BE BOUND BY THESE AFFILIATE PROGRAM RULES; (B) ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THESE AFFILIATE PROGRAM RULES; AND (C) HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS (E.G., YOU ARE NOT A MINOR) AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THESE AFFILIATE PROGRAM RULES.
1. Description of the Elite Legacy Education Affiliate Program
The purpose of the Affiliate Program is to permit you to earn Affiliate Referral Fees for Qualifying Referrals (defined in Section 3) made by you. You may earn Affiliate Referral Fees only as described in Section 7.
2. Your Contact Information
You will ensure that the information associated with your Affiliate Program account, including your email address and other contact information is at all times complete, accurate, and up-to-date. We may send notifications (if any), approvals (if any), and other communications relating to the Affiliate Program to the email address then-currently associated with your Affiliate Program account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current. In addition, you hereby consent to us sending you emails relating to the Affiliate Program from time to time.
We will process registrations and purchases made by customers using your unique URL. We reserve the right to reject registrations and purchases for any reason. We will track Qualifying Referrals (defined in Section 7) for reporting and commission accrual purposes and will make available to you reports summarizing those Qualifying Referrals.
3. Affiliate Referral Fees
You can earn three types of Affiliate Referral Fees:
- $200 for each paid-in-full sale of our three-day Basic Training to your Qualifying Referrals.
- $500 for each paid-in-full sale of any of our select Elite Training packages to your Qualifying Referrals.
- Free mentorship or $2000 commission (your choice) upon the 10th paid-in-full sale of our select Elite Training packages to your Qualifying Referrals.
"Your Qualifying Referral(s) means anyone who first registers to attend any of Our free preview live workshops or free online webinars using your unique Affiliate Program URL. In the event of a dispute between one or more Affiliates over "ownership" of a Qualifying Referral, we will determine, in our sole discretion, to whom the Qualifying Referral belongs. Existing students of Legacy Education Alliance are not considered a Qualified Referral.
*Paid in full is defined as the total cost of the package having been paid with no balance remaining and the order has not been cancelled within any applicable Right of Rescission period.
4. Affiliate Referral Fee Payment
We will pay you Affiliate Referral Fees on a monthly basis in a given month. We will pay you approximately 30 days following the end of each calendar month using the payment method you choose from the following available options. If you have not selected one of the payment methods below, we will withhold any unpaid accrued Affiliate Referral Fees until you have done so.
- (a) Pay Pal Account.
- (b) Payment by Check.
5. Policies and Pricing
Customers who buy products through the Affiliate Program are our customers with respect to all activities they undertake with us. Accordingly, as between you and us, all pricing, terms of sale, rules, policies, and Affiliate Program procedures concerning customer orders, customer service, and product sales set forth on our websites will apply to those customers, and we may change them at any time.
6. Limited License
Subject to the terms of these Affiliate Program Rules and solely for the limited purposes of advertising our products and services and directing end users to our websites in connection with the Affiliate Program, we hereby grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license to (a) copy and transmit content we might provide to you, in our sole discretion ("Content"), and (b) use only those of our trademarks and logos that we may make available to you as part of Content.
The license set forth in this Section will immediately and automatically terminate if at any time you do not timely comply with any obligation under these Affiliate Program Rules, or otherwise upon termination of the Affiliate Program or your participation in it. In addition, we may terminate the license set forth in this Section in whole or in part upon notice to you.
7. Reservation of Rights; Submissions
Other than the limited licenses expressly set forth in Section 6, we or our licensors reserve all right, title and interest (including all intellectual property and proprietary rights) in and to, and you do not acquire any ownership interest or rights in or to, the Program, our websites, Content, any domain name owned or operated by us or our affiliates, our and our affiliates' trademarks and logos, and any other intellectual property and technology that we provide or use in connection with the Program. If you provide us or any of our affiliates with suggestions, reviews, modifications, data, images, text, or other information or content about a product or in connection with this Affiliate Program, any Content, or your participation in the Program, or if you modify any Content in any way, (collectively, "Your Submission"), you hereby irrevocably assign to us all right, title, and interest in and to your Submission and grant us (even if you have designated Your Submission as confidential) a perpetual, paid-up royalty-free, nonexclusive, worldwide, irrevocable, freely transferable right and license to (a) use, reproduce, perform, display, and distribute your Submission in any manner; (b) adapt, modify, re-format, and create derivative works of your Submission for any purpose; (c) use and publish your name in the form of a credit in conjunction with Your Submission (however, we will not have any obligation to do so); and (d) sublicense the foregoing rights to any other person or entity. Additionally, you hereby warrant that: (y) your Submission is your original work, or you obtained your Submission in a lawful manner; and (z) our and our sublicensees' exercise of rights under the license above will not violate any person's or entity's rights, including any copyright rights. you agree to provide us such assistance as we may require to document, perfect, or maintain our rights in and to Your Submission.
8. Compliance with Laws
In connection with your participation in the Affiliate Program you will comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over you, including laws (federal, state, or otherwise) that govern marketing and advertising (e.g., the CAN-SPAM Act of 2003).
9. Termination and Modification of the Affiliate Program
We may terminate the Affiliate Program in its entirety or your continued participation in it, or modify any of the terms and conditions contained in the Affiliate Program Rules at any time and in our sole discretion by posting a notice on our website at http://legacyeducationaffiliate.com or by sending notice of such modification to you by email to the email address then-currently associated with your account (any such notice by email will be effective on the date specified in such email and will in no event be less than two business days after the date the email is sent). Modifications to the Affiliate Program Rules may include, for example, changes to the Fee Schedule, Affiliate Program Rules, payment procedures, and other Affiliate Program requirements. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. ANY CONTINUED PARTICIPATION IN THE AFFILIATE PROGRAM FOLLOWING THE EFFECTIVE DATE OF ANY MODIFICATION WILL CONSTITUTE YOUR ACCEPTANCE OF THE CHANGE.
10. Relationship of Parties
You and we are independent contractors, and nothing in these Affiliate Program Rules will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us or our respective affiliates. You will have no authority to make or accept any offers or representations on our or our affiliates' behalf. You will not make any statement, whether that contradicts or may contradict anything in this section. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to any business, charity or other cause), or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by these Affiliate Program Rules.
11. Limitation of Liability
WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA) ARISING IN CONNECTION WITH THE AFFILIATE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. FURTHER, OUR AGGREGATE LIABILITY TO YOU ARISING IN CONNECTION WITH THE AFFILIATE PROGRAM WILL NOT EXCEED THE TOTAL AFFILIATE REFERRAL FEES PAID OR PAYABLE TO YOU UNDER THE AFFILIATE PROGRAM THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED.
You agree that any and all Disputes (as defined below) will be resolved exclusively and finally by binding arbitration under the Federal Arbitration Act and the laws of the State of Florida (without regard to principles of conflict of laws) and that this arbitration agreement is made in connection with a transaction involving interstate commerce. Any arbitration is to be administered by JAMS and such arbitration shall be conducted under JAMS rules, except as otherwise provided below. If JAMS ceases operations, refuses to arbitrate any Dispute, or is in any way otherwise unavailable, the parties agree that any and all Disputes shall still be resolved exclusively and finally by binding arbitration administered by another binding arbitration forum. All determinations as to the scope, enforceability, and effect of this paragraph shall be decided by the arbitrator and not by a court. The arbitration shall be held by submission of documents, by telephone, or online. The arbitration will be conducted before a single neutral arbitrator selected with input from both you and us, and will be limited solely to the Dispute between you and us. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis. The arbitrator's decision shall be in writing and shall set forth the essential findings and conclusions upon which the decision is based. Any decision rendered in such arbitration proceedings shall be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction. To the extent permitted by applicable law and JAMS rules, no party shall be entitled to recover for any indirect and/or consequential damages, including any incidental expenses associated with attending an-person live training or in connection with arbitrating a claim hereunder. The arbitrator shall have no authority or power to modify or alter any of the Affiliate Program Rules or to render any award that by its terms has the effect of altering or modifying any express term or condition of the Program Rules. The parties further agree that all proceedings and documents prepared in connection with any Dispute shall be confidential, and unless otherwise required by law or legal process, the subject matter of the same shall not be disclosed to any person other than the parties to the proceedings, their counsel, witnesses and experts, and the arbitrator. YOU UNDERSTAND THAT, IN THE ABSENCE OF THIS PARAGRAPH, AND EXCEPT AS PROVIDED, BELOW, YOU WOULD HAVE HAD A RIGHT TO LITIGAE DISPUTES THROUGH A COURT, INCLUDING THE RIGHT TO LITIGATE CLAIMS BEFORE A JURY AND ON A CLASS-WIDE OR CLASS ACTION BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREE TO RESOLVE ANY DISPUTES THROUGH BINDING ABRITRATION IN ACCORDANCE WITH THE PROVISIONS OF THIS PARAGRAPH. THE ONLY EXCEPTION TO RESOLVING DISPUTES THROUGH BINDING ARBITRATION PURSUANT TO THIS PARAGRAPH IS THAT YOU MAY CHOOSE TO RESOLVE DISPUTES IN SMALL CLAIMS COURT FOR CLAIMS THAT ARE WITHIN THE SCOPE OF ITS JURISDICTION. For the purposes of this paragraph, the term "Dispute" means any dispute, controversy or claim arising out of or relating to (i) the Agreement or these Terms and Conditions, their interpretation, or the breach, termination, applicability or validity thereof, (ii) the related order for, purchase, delivery, receipt or use of any products or service from us, or (iii) any other dispute arising out of or relating to the relationship between you and us. The terms "Company," "we," "us," or "ours" as used in the paragraph shall include our parent entity, subsidiaries, affiliates, offices, directors, shareholders, members, employees, agents, licensors, licensees, contractors, successors and assigns. Information concerning arbitration rules, process and procedures, including fees and deposit information, may be obtained from JAMS on one at www.jamsadr.com.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our General Counsel at 1612 E. Cape Coral Parkway, Cape Coral, FL 33904.
Notwithstanding anything to the contrary in the Program Rules, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our or any other person or entity's intellectual property or proprietary rights. You further acknowledge and agree that our rights in the Content are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated or adequately compensated for in monetary damages.
You acknowledge and agree that we and our affiliates may at any time (directly or indirectly) solicit customer Affiliates on terms that may differ from those contained in the Affiliate Program Agreement. You may not assign the Program Rules, by operation of law or otherwise, without our express prior written approval. Subject to that restriction, the Program Rules will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of the Program Rules will not constitute a waiver of our right to subsequently enforce such provision or any other provision of the Program Rules. In the event of any conflict between the Program Rules and the Affiliate Program Documentation, the Program Rules will control over the remainder of the Affiliate Program Documentation. Whenever used in the Program Rules, the terms "include(s)," "including," "e.g.," and "for example" mean, respectively, "include(s), without limitation," "including, without limitation," "e.g., without limitation," and "for example, without limitation." Any determinations or updates that may be made by us, any actions that may be taken by us, and any approvals that may be given by us under the Program Rules, may be made, taken, or given in our sole discretion.