This Affiliate Agreement ("Agreement") defines the terms and conditions of participating in C.P.I. Academy, LLC Affiliate Program.
Affiliate is an Independent Contractor of C.P.I. Academy, LLC. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Affiliate does not have any authority of any kind to bind C.P.I. Academy, LLC in any respect.
Affiliate represents to C.P.I. Academy, LLC that Affiliate has read and understood the Terms of Use and other policies posted on the C.P.I. Academy, LLC web site ("Site"), all of which are incorporated into this Agreement by reference.
C.P.I. Academy, LLC reserves the right to modify the terms and conditions of this Agreement as needed from time to time without notice to Affiliate and any such modifications will become effective immediately upon posting to the Site. Affiliate must review the Site and this Agreement periodically to keep abreast with changes.
Affiliate represents that he/she is 18 years of age or older and has the legal capacity to enter into this Agreement.
Affiliate agrees to provide C.P.I. Academy, LLC with valid contact information upon registration and to update the same as and when changes occur.
Affiliate agrees to receive information materials from C.P.I. Academy, LLC, including among others, sales reports, training and promotional materials, affiliate product promotions and newsletters.
By entering into this Agreement, Affiliate represents that he/she understands and accepts C.P.I. Academy, LLC's Earnings Disclaimer.
Affiliate agrees that C.P.I. Academy, LLC shall be responsible for handling all customer inquiries, filling orders, customer billing and collection of payments from customers.
Affiliate understands and accepts that all business decisions, including without limitation pricing of products and services, promotional offers, or discontinuance of product or service lines, are at the sole discretion of C.P.I. Academy, LLC. As such, these decisions may be made and implemented by C.P.I. Academy, LLC without advance notice to Affiliate.
Commissions
Affiliate will be credited a specific percentage of each sale for products and services that are participating in the 6 tier commission program. It is important to note that not all products and services offered will provide commission earnings to affiliates. Affiliates are responsible for understanding which products and services offered will provide commission earnings and which will not.
Commissions will be tracked and earned for each sale generated through the Affiliate's unique web site Affiliate link(s) ("Affiliate Links").
C.P.I. Academy, LLC reserves the right to modify the prices of its Products and Services, as well as the commission rates and commission structures from time to time and without prior notice.
Affiliate commission earnings shall be based on the commission rate(s) prevailing at the time of the actual sale.
Commissions are accumulated and paid in US dollars, via PayPal, at the end of the month following the completion of the "cooling off period". For example, if a sale was made on January 15th and the cooling off period has been set to 30 days, the affiliate would be able to request a commission payout for that sale on February 28th (the end of the month following the completion of the cooling off period).
Affiliates will be required to make commission withdrawal request, from their C.P.I. Academy, LLC back office, in order to receive a commission payment. Payments are not automatically processed by the C.P.I. Academy, LLC without an official request for payment made by our Affiliates.
In addition, all US based affiliates will be required to provide, and have on file in their Affiliate back office, 1099 tax reporting information. If this information has not been provided, the Affiliate will not be able to request a commission payment nor receive one until this information has been provided and recorded within our systems.
C.P.I. Academy, LLC reserves the right to change the payment schedule upon reasonable notice through its web site.
In the event a qualifying sale is cancelled or payment is refunded to the buyer for any reason or where commissions are overpaid, C.P.I. Academy, LLC shall deduct the corresponding amount(s) from any future earnings or seek repayment by the Affiliate.
Affiliate Link
The Affiliate Link may take the form of a banner, image or text link. Affiliates assume sole responsibility for ensuring that their unique Affiliate Link is set up correctly to earn commissions. C.P.I. Academy, LLC shall not be liable for commissions lost as a result of Affiliate's failure to properly format and/or protect their Affiliate Link.
Commissions will only be paid on sales tracked through C.P.I. Academy, LLC's tracking system and identified as having been generated through Affiliate's link.
Affiliates may not use their own Affiliate Link to purchase products or services from C.P.I. Academy, LLC. Any such sale will not qualify for commissions and could lead to termination of their Affiliate account.
Anti-Spam Policy
By entering into this Agreement, Affiliates agree to be bound by C.P.I. Academy, LLC's Anti-Spam Policy. Affiliate agrees not to send SPAM mail to promote C.P.I. Academy, LLC's products and services or for any other purpose.
In the event Affiliate is found to have violated this provision or C.P.I. Academy, LLC's Anti-Spam Policy, Affiliate's account will be immediately terminated and any unpaid commissions will be forfeited.
In addition, the Affiliate will be held personally responsible for any legal and financial consequences resulting from any legal action that may occur from violation of Federal requirements and laws.
C.P.I. Academy, LLC reserves the right to immediately terminate this Agreement if it believes that Affiliate is involved in or is in any way connected with Spamming. C.P.I. Academy, LLC will report spam and the spammer's identifying information to the proper authorities for possible civil and criminal prosecution.
As damages resulting from distributing Spam are difficult to ascertain, Affiliates agree to pay C.P.I. Academy, LLC liquidated damages of $500.00 for each unsolicited e-mail that originated from or is otherwise connected to Affiliate's account, or actual damages, whichever is higher, if the amount of such actual damages can be reasonably determined.
Prohibited Sites
C.P.I. Academy, LLC reserves the right to refuse Affiliate Program applications of those parties whose web sites promote sexually explicit material, violence, illegal activities or discrimination based on race, sex, religion, national origin and physical disability.
By entering into this Agreement, Affiliate represents that Affiliate's web site does not promote or endorse any of the foregoing activities.
Termination of Agreement
Either party may terminate this Agreement at any time, without notice. In the event of such termination, outstanding commissions shall be forfeited by the Affiliate as of the date of termination of this agreement.
Customer Privacy
Consistent with C.P.I. Academy, LLC's Privacy Policy, C.P.I. Academy, LLC will not provide customers' personal information to any unauthorized third party.
For sales record keeping purposes, C.P.I. Academy, LLC may provide Affiliate with sales reports detailing such relevant information as the products or services purchased, prices and dates and times of sale.
For tax reporting purposes, as required and needed, 1099 information will be provided to the IRS as requested.
All such reports shall be unaudited.
Miscellaneous
C.P.I. Academy, LLC reserves all rights in or to its trademarks, logo's and service marks and grants Affiliate a non-exclusive right to use such marks in accordance with this Agreement.
Affiliates may not use any of C.P.I. Academy, LLC's trademarks, logos, service marks or products to register internet domain names or for any other purposes.
Affiliates are also prohibited from presenting or displaying C.P.I. Academy, LLC's trademarks or logo's in any manner that is distasteful, defamatory, misleading or otherwise inappropriate.
Affiliates agree to present C.P.I. Academy, LLC, its products and services, as set forth in the website and in C.P.I. Academy, LLC marketing materials.
Affiliates will not make any claims regarding potential income, earnings, and guarantees of outcomes from using any C.P.I. Academy, LLC products or services other than what is presented in the Site.
Affiliates will not under any circumstance disparage C.P.I. Academy, LLC, its products or services and other C.P.I. Academy, LLC Affiliates. Any form of disparagement will be deemed a breach of this Agreement and may result in immediate suspension or termination of Affiliate's account as well as forfeiture of unpaid commissions at the sole discretion of C.P.I. Academy, LLC.
C.P.I. Academy, LLC will make reasonable efforts to track and pay all commissions due to Affiliate. However, C.P.I. Academy, LLC will not be responsible for technical problems, acts of third parties or other events beyond the control of C.P.I. Academy, LLC which may temporarily interfere with or disrupt such tracking capabilities.
C.P.I. Academy, LLC will not be liable to any Affiliate for any special, incidental, indirect, or consequential damages including, without limitation, damages for loss of use, data or profits or any other pecuniary loss arising out of or in connection with this Agreement or Affiliate Program, even if C.P.I. Academy, LLC has been advised of the possibility of such damages. C.P.I. Academy, LLC's entire liability arising from this Agreement shall not exceed the aggregate commissions paid or payable to Affiliate.
C.P.I. Academy, LLC reserves the right to terminate Affiliate's account for any reason at C.P.I. Academy, LLC's sole discretion. C.P.I. Academy, LLC provides the Affiliate Program "AS IS" and makes no warranties whether express or implied for the Affiliate Program except as defined in this Agreement.
Affiliates assume sole responsibility and holds C.P.I. Academy, LLC free and harmless with respect to all costs and expenses arising from Affiliate's participation in the Affiliate Program.
The failure of either party to exercise any right provided for in this Agreement shall not be deemed a waiver of any further rights hereunder.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the state of Michigan, without regard to the conflict of law's provisions thereof.
