brandbrand

Courses

Hamberger
For EnterpriseLoginTry for free

Affiliate Terms of Service

We've made it simple to understand how to operate our Affiliate partnership in an ethical and transparent way.

PLEASE READ THE ENTIRE AGREEMENT.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ED TECH SERVICES LLC. (UPSKILLIST)

BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION

BY AGREEING TO THESE AFFILIATE TERMS OF SERVICE, YOU ARE ALSO CONFIRMING THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY OUR GENERAL TERMS OF SERVICE, WHICH CAN BE ACCESSED HERE: HTTPS://WWW.UPSKILLIST.COM/TERMS/. PLEASE REVIEW OUR GENERAL TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS.

1. Overview

This Agreement outlines the terms and conditions for becoming an affiliate within the Upskillist Affiliate Program managed by Ed Tech Servicess LLC ("Company"). As an affiliate, your role is to legally promote our website to generate and increase sales for Upskillist products, through which you can earn commissions based on the purchases made by individuals who are referred to us through your marketing efforts.

2. Affiliate Obligations

2.1. Application and Approval:

To start, you must submit an application through our designated affiliate platform. While we may initially auto-approve applications to expedite the process, we reserve the right to review and possibly reject your application at a later time based on further evaluation. Potential reasons for rejection or cancellation include:

  • Promotion of sexually explicit or violent materials.
  • Engagement in or promotion of discriminatory practices based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Involvement with illegal activities or promotion of such activities.
  • Use of materials that infringe on intellectual property rights or assist others in such infringements.
  • Use of a domain name that misleadingly incorporates "Upskillist" or similar variants.
  • Creation of websites that mimic the design or appearance of our site or lead customers to believe you are directly part of the Upskillist or any affiliated entities.
  • Hosting software that could divert commission from other affiliates.

2.2. Affiliate Dashboard and Tools:

As an affiliate, you will have access to an Affiliate Account Management Platform.This platform allows you to:

  • View and manage your affiliate details.
  • Access and use HTML codes for linking to the Upskillist website, ensuring proper tracking of referrals.
  • Download banners, text links, and other promotional materials.
  • Monitor and implement tracking codes for promotions and deals.

2.3. Compliance with Guidelines:

We may review the placement and use of your promotional links and may request changes to ensure they align with our marketing guidelines.

2.4. Website Maintenance:

You are responsible for maintaining and updating your website to keep it current and effective for promoting Upskillist products.

2.5. Legal Responsibilities:

You must ensure all content on your site is legal and you have the necessary rights to use it. This includes securing permissions for copyrighted material not owned by you. Ed Tech Servicess LLC will not be responsible for legal infringements or breaches that occur on your site.

3. Ed Tech Servicess LLC Rights and Obligations

3.1. Monitoring and Compliance:

Ed Tech Servicess LLC reserves the right to monitor your site at any time to verify compliance with the terms of this agreement. We may advise changes to ensure your site aligns with our policies and to optimize the appropriateness of your links to our site. Failure to make requested changes may result in termination from the Upskillist Affiliate Program.

3.2. Fraud and Abuse:

Should you engage in fraud or abuse relating to the use of the Affiliate Program, Ed Tech Servicess LLC may terminate this agreement immediately without prior notice. You will not be entitled to commissions from fraudulent sales.

3.3. Duration of Agreement:

This agreement commences upon our acceptance of your affiliate application and will continue unless terminated as provided herein.

4. Termination

  • Your participation in the Affiliate Program may be suspended or terminated for reasons including, but not limited to:
  • Utilizing inappropriate advertising (false claims, misleading hyperlinks).
  • Engaging in spamming activities (mass email, mass newsgroup posting, etc.).
  • Promotion on sites involved in or promoting illegal activities.
  • Non-disclosure of affiliate relationship in endorsements, violating trade guidelines or state laws.
  • Infringement of intellectual property rights; use of Ed Tech Servicess LLC trademarks may require a license.
  • Offering unauthorized incentives (rebates, coupons) tied to affiliate commissions.
  • Participation in self-referrals, fraudulent transactions, or suspected affiliate fraud.
  • Either party may terminate this agreement at any time for any reason, provided that written notice is given in the form of mail, email, or fax. The agreement also terminates immediately upon any breach by you.

5. Modification of Terms

Ed Tech Servicess LLC may modify any of the terms and conditions within this Agreement at any time at its sole discretion. In the event of a modification, affiliates will be notified by email. Modifications may include changes in the payment procedures and rules of the Upskillist Affiliate Program. If any modification is unacceptable to the affiliate, the only recourse is to terminate this agreement. Continued participation after such changes have been notified will constitute acceptance of the new terms.

6. Commissions and Payment

Ed Tech Servicess LLC uses a third-party platform to manage tracking and payments for the Affiliate Program. Affiliates should familiarize themselves with the third party’s terms regarding payments.

  • A commission is payable only if the referred account remains active for at least 31 days.
  • Commission totals in the Affiliate dashboard may not reflect the final payable amount due to possible deductions such as processing fees.
  • Affiliates cannot earn commissions on their own account purchases.
  • Commissions are limited to one agreement per referral and only for purchases from the first account created via the affiliate link.
  • Only transactions processed through authorized payment methods are eligible for commission.
  • Transactions resulting in chargebacks or refunds are not eligible for commission.

7. Access to Affiliate Account Interface

Affiliates will create a password to access the secure affiliate account interface provided by the third-party platform. Through this interface, affiliates can access reports detailing commission calculations and other pertinent account activities.

8. Promotion Restrictions

8.1. General Promotion Guidelines:

While promoting Upskillist, any public perception of a partnership with Ed Tech Servicess LLC should be clear that you are independent. Prohibited promotional methods include spamming via unsolicited emails, newsgroup postings, or cross-posting to multiple newsgroups at once. Additionally, advertising should not disguise or misrepresent your identity or contact information. Affiliates may email existing customers or subscribers under certain conditions and may post in newsgroups that accept commercial messages.

8.2. Pay-Per-Click (PPC) Campaigns:

Affiliates are prohibited from bidding on keywords that are identical or similar to Upskillist or any variations thereof, unless the resulting PPC traffic first lands on the affiliate’s own website. Direct PPC traffic to Upskillist without this intermediate step will lead to termination from the program.

8.3. Data Entry of Prospect Information:

You may input prospect information into lead forms as long as it is accurate and the prospects are genuinely interested in Upskillist’s services.

8.4. Prohibited Techniques:

The use of interstitial ads, parasitic marketing, or any application that uses methods like cookie stuffing, unwanted pop-ups, or misleading contextual marketing is strictly prohibited.

9. Grant of Licenses

9.1. Use of Licensed Materials:

Ed Tech Servicess LLC grants you a non-exclusive, non-transferable, revocable right to use our trademarks, logos, and similar identifying materials provided by us for the purpose of promoting Upskillist. You must not use these materials in a manner that is disparaging or misleading.

9.2. Intellectual Property Rights:

Each party retains all rights to their respective materials. You are not to use Ed Tech Servicess LLC’s materials in any way that portrays us negatively.

10. Disclaimer

ED TECH SERVICESS LLC DOES NOT GUARANTEE CONTINUOUS OR ERROR-FREE OPERATION OF THE UPSKILLIST WEBSITE AND IS NOT LIABLE FOR INTERRUPTIONS OR ERRORS. IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPLICITLY DISCLAIMED.

11. Representations and Warranties

You agree that this Agreement is your legal, valid, and binding obligation and that you have the authority to enter into this Agreement. You also warrant that you own or have the legal right to use all materials and content on your site.

12. Limitations of Liability

ED TECH SERVICESS LLC WILL NOT BE LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES RELATED TO THIS AGREEMENT, AND OUR TOTAL LIABILITY WILL NOT EXCEED THE TOTAL COMMISSIONS PAID TO YOU UNDER THIS AGREEMENT.

13. Indemnification

You agree to indemnify and hold harmless Ed Tech Servicess LLC, its affiliates, directors, officers, employees, and agents from all losses resulting from claims that your use of Ed Tech Servicess LLC’s trademarks infringes on any third-party rights, or from your breach of this agreement or misrepresentation. You will also cover losses arising from claims related to your site that are not attributable to us.

14. Confidentiality

Any confidential information received from one party to the other during the term of this Agreement will remain the property of the disclosing party. Both parties agree to maintain the confidentiality of such information and not disclose it without written permission from the other party.

15. Miscellaneous

15.1. You are an independent contractor under this Agreement. Nothing herein creates any partnership, joint venture, agency, or employment relationship between you and Ed Tech Servicess LLC. You have no authority to make any offers or representations on our behalf.

15.2. Assignment of this Agreement by either party is restricted, except to a successor of the entire business or assets.

15.3. This Agreement is governed by the laws of the jurisdiction where Ed Tech Servicess LLC is located, without regard to its conflict of law provisions.

15.4. Amendments or waivers of this Agreement require a written document signed by both parties.

15.5. This document represents the entire agreement between the parties, superseding all previous communications.

15.6. The headings in this Agreement are for convenience only and do not affect the terms.

15.7. If any part of this Agreement is found to be invalid or unenforceable, that part will be limited or eliminated to the minimum extent necessary so that the remainder of the Agreement will remain in full force and effect.