Thank you for considering the Assess Develop Evolve affiliate program. Our affiliates are very important to us. This agreement is designed with you in mind, as well as protecting you, Assess Develop Evolve and our customers. Please read thoroughly. If you have any questions, please contact us at firstname.lastname@example.org.
Affiliate Terms and Conditions
As an authorized affiliate (Affiliate) of Peak Focus LLC / Assess Develop Evolve (ADE), you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting Assess Develop Evolve as an Affiliate.
Your participation in the Program is solely to legally advertise our website to receive a commission on products purchased by individuals referred to ADE by your own website or personal referrals.
By signing up for the ADE Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.
1. Approval or Rejection of the Application
We reserve the right to approve or reject ANY Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.
For each completed sale of assessment reports or self-paced courses, you earn a 20% commission.
Commissions will be paid once a month and generally be paid out via PayPal.
Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.
Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:
• Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
• Spamming (mass email, mass newsgroup posting, etc.).
• Advertising on sites containing or promoting illegal activities.
• Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
• Violation of intellectual property rights. ADE reserves the right to require license agreements from those who employ trademarks of ADE in order to protect our intellectual property rights.
• Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with ADE, however, is acceptable.
• Self referrals, fraudulent transactions, suspected Affiliate fraud.
• If you are a Harrison Assessment Partner or Reseller and violate the Social Media Policy as outlined by Harrison Assessments International.
In addition to the foregoing, ADE reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.
4. Relationship of Parties
ADE and the Affiliate are independent contractors. Nothing in this Affiliate Agreement will create any partnership, employment, representative, agency, or joint venture relationship between the parties. The Affiliate has no authority to act on ADE’s behalf.
5.. Affiliate Links
Affiliates are permitted to use the Assess Develop Evolve brand and marketing resources available in the Affiliates Dashboard. Logos and other assets cannot be modified. The Affiliate does not gain any trademark, copyright or any other rights to these materials.
You may use graphic and text links both on your website and within in your email messages. You may also advertise the ADE site in online and offline classified ads, magazines, and newspapers.
You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in Condition 3.
If you are a Harrison Assessment Partner or Reseller, you must comply with the Social Media Policy as outlined by Harrison Assessments International.
ADE will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
We do not make any expressed or implied warranties with respect to the products sold by ADE. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.
7. Term of the Agreement
The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.
The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.
Affiliate shall indemnify and hold harmless ADE and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by ADE to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.
9. Governing Law, Jurisdiction, and Attorney Fees
This Agreement shall be governed and construed in accordance with the laws of the Florida, United States, without regard to its conflict of law provisions
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the State of Florida. An award of arbitration may be confirmed in a court of competent jurisdiction.
We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available commissions, commission schedules, payment procedures and Affiliate Program rules.
10. Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the ADE affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the ADE registration process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.