|Updated: February 9, 2021|
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THIS IS A LEGAL AGREEMENT BETWEEN YOU AND HOME & SCHOOL SOLUTIONS, INC. DBA PRODUCTIVEHOMESCHOOLING.COM.
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.
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in ProductiveHomeschooling.com’s Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site and the ProductiveHomeschooling.com web site. Please note that throughout this Agreement, “we,” “us,” and “our” refer to ProductiveHomeschooling.com, and “you,” “your,” and “yours” refer to the affiliate.
2. Affiliate Obligations
2.1. To begin the enrollment process, you will complete and submit the online application at ProductiveHomeschooling.com. You must be approved by ProductiveHomeschooling.com before your participation in the ProductiveHomeschooling.com Affiliate Program. ProductiveHomeschooling.com reserves the right to withhold or refuse approval for any reason or for no reason. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:
2.1.1. Promotes sexually explicit materials.
2.1.2. Promotes violence.
2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
2.1.4. Promotes illegal activities.
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law.
2.1.6. Includes “Productive Homeschooling” or variations or misspellings thereof in its domain name.
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
2.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
2.1.9. Resembles our website in a manner which leads customers to believe you are ProductiveHomeschooling.com or any other affiliated business.
2.2. As a member of ProductiveHomeschooling.com’s Affiliate Program, you will have access to the Affiliate Tool Center. Here you will be able to review our Program’s details and current promotions, download HTML code for banners, links, articles, eblasts, videos (that provide links to web pages within the ProductiveHomeschooling.com web site). In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.
2.3. ProductiveHomeschooling.com reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
2.4. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.
3. ProductiveHomeschooling.com Rights and Obligations
3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the ProductiveHomeschooling.com Affiliate Program.
3.2. ProductiveHomeschooling.com reserves the right to terminate this Agreement and your participation in the ProductiveHomeschooling.com Affiliate Program immediately and without notice to you should you commit fraud in your use of the ProductiveHomeschooling.com Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, ProductiveHomeschooling.com shall not be liable to you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
Either you or we may end this Agreement AT ANY TIME by giving the other party written notice. Termination notice may be provided via email. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and ProductiveHomeschooling.com’s Affiliate Program rules. If any modification is unacceptable to you, you may terminate this Agreement. Your continued participation in ProductiveHomeschooling.com’s Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
6.1. ProductiveHomeschooling.com is a PPS (pay-per-sale) affiliate program. Unless otherwise noted, we pay affiliates a percentage commission on referred purchases. There are limits on the number of times an affiliate will receive recurring commissions for a subscription product. Commission amounts and recurring limits are posted at the bottom of every page in the affiliate center.
Unless otherwise noted:
Standard commission for individual product(s) purchases: 50%
Standard commission for monthly subscription purchases: 20% of each subscription payment (up to 12 commissions total)
Standard commission for yearly subscription purchases: 25% of the initial subscription payment; no recurring referrals
Standard commission for lifetime memberships: 25%
A cookie will be placed into the browser of a user who clicks your affiliate link and will be tracked for 90 days. If during that 90 days, they click another affiliate’s link, they will still be your click referral. If that user purchases a product from ProductiveHomeschooling.com during those 90 days, you will receive the commission. If the user purchases a recurring monthly subscription product, you will receive the initial commission for that purchase plus the next 11 recurring commissions for that purchase. If the user purchases a recurring yearly subscription product, you will receive the initial commission for that purchase (no recurring commissions).
A user who makes their first Productive Homeschooling purchase with your referral link (or cookie set in the browser) will be linked to you for 90 days. Free account signups and free purchases count as a purchase. If they make any other purchases within that 90 days, you will receive the referred commissions regardless of what referral links they use and regardless of cookie existence/expiration in their browser.
6.2. Affiliates are paid on the first business day of the month via PayPal. Payouts are made only if commissions earned are at least $5.00. All unpaid commissions will be added to the next month’s payout until the minimum payout amount is reached. Payouts are for unpaid commissions earned up to 1 month prior to the payout date. Example: Commissions earned for May 1 – May 31 will be paid out on the first business day of July (if the total earned is at least $5). All payments are made in U.S. dollars only.
6.3. Any questions or disputes regarding payout provided by ProductiveHomeschooling.com needs to be submitted in writing within five (5) business days of receipt, otherwise the information will be deemed accurate and accepted as such by you.
6.4. ProductiveHomeschooling.com will only pay Affiliates for commissions that are earned and tracked through their term as an Affiliate. Any Affiliate that is removed from the program because of non-compliant behavior will not receive commissions from any referred customers.
6.5. Because all affiliate payments are made via PayPal (a third party network), affiliate will not receive a 1099 from ProductiveHomeschooling.com regardless of the total commissions earned. PayPal will send all qualifying affiliates a 1099-K.
7. Access to Affiliate Account Interface
You will access your affiliate account interface with the username and password we send to you. You may update your password at any time. From our site you will be able to receive your commission, clicks, and leads reports.
8. Promotion Restrictions
8.1. You are free to promote your own web sites, but naturally any promotion that mentions ProductiveHomeschooling.com could be perceived by the public or the press as a joint effort.
Certain forms of advertising are always prohibited by ProductiveHomeschooling.com. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote ProductiveHomeschooling.com so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote ProductiveHomeschooling.com so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from ProductiveHomeschooling.com. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the ProductiveHomeschooling.com Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
8.2. Affiliates that advertise among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as ProductiveHomeschooling.com, www.productivehomeschooling, www.productivehomeschoolingcom.bigscoots-staging.com, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – will be considered trademark violators, and will be banned from ProductiveHomeschooling.com’s Affiliate Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.
8.3. Affiliates are prohibited from keying in prospect’s information into the lead with the intent of misrepresenting or falsifying leads.
8.4. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited ProductiveHomeschooling.com’s site (i.e., no page from our site or any ProductiveHomeschooling.com’s content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of Merchant site in IFrames, hidden links and automatic pop ups that open ProductiveHomeschooling.com’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
8.5. Affiliates need to be compliant with the Federal Trade Commission (FTC). Endorsements, reviews, testimonials on ProductiveHomeschooling.com’s products and services must be clearly disclosed in a separate policy on the affiliate’s sites. We reserve the right to terminate our relationship with any non-compliant affiliates.
9. Grant of Licenses
9.1. We grant you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of ProductiveHomeschooling.com’s Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of ProductiveHomeschooling.com and the good will associated therewith will inure to the sole benefit of ProductiveHomeschooling.com.
9.2. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
PRODUCTIVEHOMESCHOOLING.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING PRODUCTIVEHOMESCHOOLING.COM SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF PRODUCTIVEHOMESCHOOLING.COM ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
11. Representations and Warranties
You represent and warrant that:
11.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
11.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
12. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL PRODUCTIVEHOMESCHOOLING.COM’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless ProductiveHomeschooling.com, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
14.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and ProductiveHomeschooling.com. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
14.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
14.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Missouri without regard to the conflicts of laws and principles thereof.
14.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
14.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
14.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
14.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.