MarketAtomy Academy
Affiliate Agreement
In order to participate in the MarketAtomy Academy Affiliate Program it is compulsory to agree the following terms and conditions by completing the information on the Affiliate Registration page, meaning that you understand and accept all the terms of MarketAtomy’s Affiliate Program. The terms and conditions contained by this program may modify at any time by posting a modification note or a new content module on MarketAtomy’s site. If any terms or modification cannot be accepted, the only way to act is not to press the "Sign Up now" button or to cancel the participation in the MarketAtomy Affiliate Program. The participation in the Affiliate Program after its modification represents the implicit acceptance of the specified modifications.
1. DEFINITIONS
1.1 Unless otherwise required or expressly stipulated, the following expressions will have the following meanings:
§ "MarketAtomy Academy" means a product of MarketAtomy LLC.
§ "MarketAtomy Academy Site" means the online learning environment of MarketAtomy with the Internet address: http://www.marketatomy.academy.
§ "MarketAtomy platform" means the system used for developing the MarketAtomy Academy Site.
§ "Learning Modules" means any digital training products offered through the MarketAtomy Academy platform including videos, webinars and training tools.
§ "Client" means any person or business company subscribing to or purchasing learning modules through the MarketAtomy Academy platform.
§ "Vendor" means any person or business company that sells learning modules and/or services through the MarketAtomy Academy platform.
§ "Affiliated Site" means the internet site of the Affiliate as it is shown on the MarketAtomy Academy Affiliate Program.
§ "Affiliate Partner" means any person or business company who understands and approves to have read and fully agrees with the terms and conditions mentioned below and it is shown on the MarketAtomy Affiliate Program as Affiliate.
§ “Resource Partner” means any person or business company who wishes to a mutually agreed referral partnership.
§ "Link" means the Internet URL generated only through the MarketAtomy Academy platform in the Affiliate Account that will connect the description on the Affiliate site to the corresponding Item category on the MarketAtomy Academy platform.
§ "Chargeback" means an amount of money:
o which has been deemed to have been refunded by or returned by MarketAtomy Academy to a Client based on a Link which has been voided, retracted, subject to returns;
§ been reversed due to fraud, or otherwise rescinded for any reason;
§
which has been retrieved from, reserved against
and/or charged against MarketAtomy Academy accounts under the terms of any
applicable credit card Vendor account agreements or because of government
actions including but not limited to embargo, court order, reclamation.
2. SUBJECT MATTER OF THE AFFILIATE PROGRAM
2.1 The MarketAtomy Academy Affiliate Program is a special revenue sharing marketing program that facilitates the Affiliates to participate for promoting the Vendor's Consulting and Training Programs while adding exceptional value to the Academy content platform.
2.2 In order to join the MarketAtomy Affiliate Program, the Affiliate must meet and fulfill the following stages:
2.2.1 Opening an account
The Affiliate must fill the application form accessible on the MarketAtomy Academy Site and accept the conditions of MarketAtomy Academy’s Affiliate Program. At the reception of the application MarketAtomy Academy will analyze the application, allocate an ID to the Affiliate (sole identification number in the MarketAtomy Academy Affiliate Program) and shall communicate to the Affiliate via e-mail the login data of his account. The Affiliate will have an account accessed anytime through the MarketAtomy Academy site (secure pages) using their e-mail and Password. The account allows the Affiliate to benefit from various functions of the MarketAtomy Academy platform, explained below.
2.2.2 The approval
The Affiliate must choose the Digital Educational Programs he wishes to promote, having to receive the consent or refusal for the promotion of the chosen programs. The Affiliate must agree to provide a brief overview of the learning program that can be utilized for marketing purposes. Affiliate can set up the content delivery method (Video, Powerpoint or written) for their program. Each learning program must contain a learning element and an interactive element. The interactive element should include tools, links or illustrations to help viewers customize the program to their own business. Longer, more extensive program may be split into a series with prerequisites.
A 30% revenue share will be set and allocated to the Affiliate for each sale of their educational program delivered through the MarketAtomy Academy platform. The revenue share will be visible in the Affiliate personal account.
Only after the reception of the approval the Affiliate may promote on his site (Affiliate Site) the Items for which they’ve received approval and has the right to receive the related commission. The Affiliate shall promote the Items approved only by use and maintenance of links generated in their MarketAtomy Academy account.
Should the Affiliate want to subsequently promote other Items as well, he must follow once more the procedure provided above for the prior obtainment of the approval.
2.3 MarketAtomy Academy reserves the right to reject or cancel Affiliate-s for any/no reason. As an example, MarketAtomy Academy shall reject or cancel the Affiliate account should it be established that the Affiliate site is not compatible with the MarketAtomy Academy Affiliates Program or MarketAtomy Academy’s Policy, including
-Promotes material with explicit sexual content.
-Promotes violence.
-Promotes race, sex, gender, religion, nationality, physical disability, and sexual orientation or age discrimination.
-Promotes illegal activities.
-Contains materials infringing or supporting third parties to infringe copyrights, mark or other forms of intellectual property or the applicable laws.
-Includes "MarketAtomy" or their derivations or typing errors in the domain name.
-Is in any way illegal, damaging, libelous, obscene, aggressive, racist or not corresponding to our principles.
2.4 In case the application of the Affiliate is accepted, and the Affiliate site is subsequently declared as unacceptable for the MarketAtomy Academy Affiliate Program, MarketAtomy Academy reserves the right to cancel the participation of the site in the Affiliate Program. The Affiliates that have been rejected from the Affiliate Program subsequent to their subscription are forbidden to return with an application for the admission in the Affiliate Program.
2.5 On the Affiliate site can be posted a short description or other references, as well as images, graphic representations or texts for promoting the chosen and approved Items. The Affiliate shall be solely liable for the content, appearance or placement of this information. The Affiliate shall display on his site the Link generated through his Account in the MarketAtomy Academy platform. The Affiliates are not allowed to use automatic techniques to obtain these links. The Affiliate trying to use such techniques shall be rejected from the MarketAtomy Academy Affiliate Program and any of his commissions cancelled. Only the links provided by MarketAtomy Academy in the Affiliate account can be used for promoting the Items approved on the MarketAtomy Academy platform.
2.6 The Affiliate is the only one liable for the development, operation and maintenance of his site and also for any material appearing on this site. MarketAtomy Academy declines any responsibility in connection with the use of any materials other than those provided by MarketAtomy Academy.
2.7 The Affiliate cannot make any official report or public comment in connection with this MarketAtomy Academy Affiliate Program or with his participation to the MarketAtomy Academy Affiliate Program, without prior written consent from MarketAtomy Academy or MarketAtomy, LLC. The Affiliate can send an e-mail to info@marketatomy.com in order to get a written consent.
2.8 IT IS FORBIDDEN for the Affiliate to:
=use non-requested email (spam), pop-ups, pop-under, exit pages as well as any other techniques obviously or secretly driving Clients to the MarketAtomy Academy platform;
=replace, intercept, interfere with, hinder, disrupt or otherwise alter a Client access, view or usage of Affiliate site, a Link or a Vendor web site, including without limitation any click-through or track-based transaction.
=advertise the MarketAtomy Academy Vendor products or services employing cookie stuffing techniques including, but not limited to, pop-ups, frames, images, Javascript or stylesheets.
=place Links in any manner which may (intentionally or unintentionally) mislead any Client.
=cause any use of a Link in bad faith or through fraudulent means, including, but not limited to, using any device, program, robot, inline frames, hidden frames, or redirects.
=use automatic redirection to the MarketAtomy Academy site or any automatically method for saving a cookie of an Affiliate.
=use outbound / unsolicited calling techniques, can only promote / sell services through inbound calls.
=sell services / products other than the object of the eCommerce transaction he is sending to MarketAtomy Academy as referral.
=promote services through scare-ware sales tactics.
=place live-orders through the MarketAtomy
Academy platform with customer/end-user payment credentials (card, paypal, etc).
3. COMMISSIONS AND PAYMENT METHODS
3.1 Once a client accesses the MarketAtomy Academy platform or the Vendor Site on the basis of a link on the Affiliate site containing the Affiliate ID, MarketAtomy Academy preserves the respective Affiliate ID for a variable period of time, between 30 and 180 calendar days, depending on the settings. This period of time (cookie duration) will be displayed in the affiliates' management interface for each Vendor separately. Should the client place an order within this period MarketAtomy Academy shall register the related commission in the Affiliate's account. In order to generate a commission, it is necessary that the Client follows the Link from the Affiliate Site, places an order, pays for the order made in full and for MarketAtomy Academy to deliver and cash the value of such order. Orders that are not delivered, cashed or have Chargeback are not eligible to generate a commission.
3.2 MarketAtomy Academy shall fulfill the orders placed by clients having followed the links from the Affiliate site. MarketAtomy Academy reserves the right to reject orders for any/no reason. MarketAtomy Academy shall keep a record for clients having followed special links from the Affiliate site and these records shall be accessible in the Affiliate account together with other reports.
3.3 The value of the affiliate revenue share will be a 30/70% split of the advertised price for paid educational Affiliate programs. The establishment of the revenue share value for each Item shall be made according to section 2.2.2 and shall be pointed out in the Affiliate account together with the receipt of acceptance. The value of the revenue share shall be applied to the total net value of the order sold through the MarketAtomy Academy platform without VAT or/and other taxes included.
3.4 MarketAtomy Academy shall pay the revenue share to the Affiliate quarterly on the last day of the quarter, by bank transfer or any other means agreed.
3.5 The revenue share is paid by MarketAtomy Academy in order to satisfied payment obligations to the Affiliate.
Should an order that had generated a commission for the Affiliate have a Chargeback this amount shall be deducted from the revenue share total that was not paid by MarketAtomy Academy or in case MarketAtomy Academy already paid the revenue share amount to the Affiliate the Chargeback will be deducted from the following amount owed by the Affiliate. The Affiliate will remain responsible to MarketAtomy Academy for any negative balances which arise out of any Chargeback and will have to pay MarketAtomy Academy the value of the negative balance in maximum 60 days from the negative balance.
The clients that buy products through this MarketAtomy Academy Affiliate Program become MarketAtomy Academy's and consequently any terms and conditions applied shall be imposed to such clients.
The value of the revenue share granted to the Affiliate is confidential, and the infringement of this obligation by the Affiliate may lead to compensations according to damage.
4. FINAL PROVISIONS
4.1 The
Affiliate agrees to have analyzed and approved this affiliate program and that MarketAtomy
Academy offers no guarantee of any kind. The parties agree that this Program
shall be approved by the Affiliate on-line on the MarketAtomy Academy site
together with his registration in the Affiliate Program.
4.2 MarketAtomy
Academy holds the legal right regarding the "MarketAtomy Academy
Site" and the present MarketAtomy Academy Affiliate Program and is acting
as a reseller of Items for the Vendor.
4.3 The
participation of an Affiliate on the MarketAtomy Academy Affiliate Program may
be terminated without any reason by MarketAtomy Academy with a written request
send by e-mail with at least 1 day notice. The revenue share earned and due
will be paid within maximum 3 months from the termination, due to one or more
serious violations of our policies (see above). The most common cause for this
is that some of the transactions made through your account might involve
fraudulent activity.
As a result, we will not accept any affiliate applications from you in the
future and we may also disable any accounts you have open with us. If you had
any unpaid affiliate commissions, they will be postponed or removed until
further notice.
4.4 MarketAtomy
Academy reserves the right, to the extent permitted by applicable law, to
monitor all electronic communications for content violating the MarketAtomy
Academy Affiliate Network and store such messages in a manner and at a location
within MarketAtomy Academy’s discretion. Any message, inbound or outbound,
violating the MarketAtomy Academy Affiliate Network may not be delivered at MarketAtomy
Academy’s discretion.
4.5 Any litigation between parties shall be solved amiably, and if this is not possible, the case will be forwarded to the authorized courts of law from Orlando, Florida. The law applicable to the present agreement is the Florida law.
MarketAtomy LLC (dba MarketAtomy Academy)
10151 University Boulevard, #346
Tel: (407) 405-6410
Email: info@marketatomy.com
Web: www.marketatomy.academy