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Tecademics Affiliate Terms and Conditions PDF

85 Pages·2017·1.07 MB·English
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TECADEMICS AFFILIATE TERMS AND CONDITIONS These Affiliate Terms and Conditions include the following documents, all of which are also available within the Virtual Office:  Affiliate Policies and Procedures Guide  Privacy Policy  Anti-Spam Policy  Intellectual Property Policy  Confidentiality and Non-Disclosure Agreement  Right of Rescission  Website Rules  Due Diligence  Income and Earnings Disclaimer  Advertising and Intellectual Property Use Guidelines  Consent to Electronic Record  Training Hours Purchase Policy  Training Partner Policy  Independent Contractor Agreement 12-15-2016 Tecademics Affiliate Terms and Conditions Page 1 TECADEMICS AFFILIATE POLICIES AND PROCEDURES GUIDE SECTION 1 - CORPORATE MISSION Our Vision Social media and internet marketing strategies have completely changed the way that entrepre- neurs are able to build, grow, and scale their businesses online. Many entrepreneurs, however, struggle to successfully implement up-to-date strategies and real-time internet marketing concepts that truly work. Our programs are specifically designed to fill this void by providing high-quality, entrepreneurial training. Our trainings are presented by expert professionals who actually practice and continually perfect what they teach. Additionally, our trainings, which are constantly updated, will be uniquely presented to enhance learning, re- tention, and success for our Customers. We believe this new method of teaching will disrupt the internet marketing industry by empow- ering entrepreneurs with the key knowledge necessary to take immediate action with a focus on achieving goals for their businesses. SECTION 2 - INTRODUCTION 2.1 POLICIES AND COMPENSATION PROGRAM INCORPORATED INTO AFFILIATE AGREEMENT These Affiliate Policies and Procedures and the Compensation Program, in their present form, and as amended by Tecademics LLC (hereafter “Tecademics” or the “Company”) from time to time at its sole discretion, are incorporated into and form an integral part of the Tecademics Af- filiate Agreement (the “Agreement”). It is the responsibility of each Affiliate to read, understand, adhere to, and insure that he or she is aware of and operating under the most current version of these Policies and Procedures. Currently, Tecademics has expanded policies applicable to Adver- tising, Website Terms and Conditions, Spam, Intellectual Property and Privacy, which are incor- porated by reference into this agreement. Throughout these Policies and Procedures, when the term “Agreement” is used, it collectively refers to the Tecademics Affiliate Application and Agreement, these Policies and Procedures, and the Tecademics Compensation Program. These documents are also incorporated by reference into the Tecademics Affiliate Agreement (all in their current form and as amended from time to time by Tecademics at its sole discretion). 2.2 CHANGES TO THE AGREEMENT Tecademics reserves the right to amend the Agreement and its prices at its sole discretion. By executing the Affiliate Agreement, an Affiliate agrees to abide by all amendments or modifica- 12-15-2016 Tecademics Affiliate Terms and Conditions Page 2 tions that Tecademics elects to make. Amendments shall be effective immediately after publica- tion of notice that the Agreement has been modified. Amendments shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. Notification of amend- ments shall be published by one or more of the following methods: (1) posting on the Com- pany’s official web site, (2) electronic mail (e-mail), (3) posting in Affiliates’ back-offices, (4) in- clusion in Company periodicals, (5) inclusion in product orders, or (6) special mailings. The con- tinuation of an Affiliate Tecademics opportunity, the acceptance of any benefits under the Agreement or an Affiliate’s acceptance of bonuses or commissions constitutes acceptance of all amendments. 2.3 POLICIES AND PROVISIONS SEVERABLE If any provision of the Agreement, in its current form or as may be amended, is found to be inva- lid or unenforceable for any reason, only the invalid portion(s) of the provision shall be severed and the remaining terms and provisions shall remain in full force and effect. The severed provi- sion, or portion thereof, shall be reformed to reflect the purpose of the provision as closely as possible. 2.3.1 Correcting Clerical Errors in this Policy Guide For purposes of this Policy Guide, a clerical error is an unintentional mistake that does not change the result or intent of the Policy. Some examples of clerical errors are:  drafting errors, missing or incorrect words or numbers, misspellings;  mathematical Tabulation errors, dates, grammatical errors, incorrect headings;  illogical use of words or terms, or ambiguity inconsistent with earlier editions of this Policy Guide. When asking for an interpretation, a party must clearly identify the clerical error in question. When a party requests a corrected initial or final interpretation, Compliance must either: 1) send all parties a corrected text, or 2) deny the request, leaving the original text in effect. If Compliance corrects an initial request, the correction will be published in the VO. 2.4 WAIVER The Company never gives up its right to insist on compliance with the Agreement and with the applicable laws governing the conduct of an opportunity. No failure of Tecademics to exercise any right or power under the Agreement or to insist upon strict compliance by an Affiliate with any obligation or provision of the Agreement, and no custom or practice of the parties at vari- ance with the terms of the Agreement, shall constitute a waiver of Tecademics right to demand exact compliance with the Agreement. The existence of any claim or cause of action of an Affili- ate against Tecademics shall not constitute a defense to Tecademics enforcement of any term or provision of the Agreement. 12-15-2016 Tecademics Affiliate Terms and Conditions Page 3 SECTION 3 - BECOMING AN AFFILIATE 3.1 REQUIREMENTS TO BECOME AN AFFILIATE To become a Tecademics Affiliate, each applicant must be at least 18 years of age and submit a properly completed online Affiliate Application and Agreement to Tecademics. Upon review of an application, Tecademics reserves the right to accept or reject any Affiliate Ap- plication and Agreement for any reason or for no reason. 3.2 PRODUCT PURCHASES Other than the payment of the ongoing monthly administrative virtual office fee, if any, no person is required to purchase Tecademics products, services or sales aids, or to pay any charge or fee to become or remain an Affiliate. 3.3 AFFILIATE BENEFITS Once an Affiliate Application and Agreement has been accepted by Tecademics the benefits of the Compensation Program and the Affiliate Agreement are available to the new Affiliates. These benefits include the right to:  Become Certified to market defined Tecademics products and services;  Participate in the Tecademics Compensation Program (receive bonuses and commis- sions, if eligible);  Sponsor other individuals as Customers or Affiliates into the Tecademics opportunity and thereby build a down-line and progress through the Tecademics Compensation Pro- gram;  Receive periodic Tecademics literature and other Tecademics communications;  Participate in Tecademics-sponsored support, service, training, motivational, and recog- nition functions, upon payment of appropriate charges, if applicable; and  Participate in promotional and incentive contests and programs sponsored by Tecadem- ics for its Affiliates. 3.4 TERM AND RENEWAL OF YOUR TECADEMICS OPPORTUNITY The term of the Affiliate Agreement is month-to-month and is automatically renewed upon the payment of the monthly Affiliate virtual office access fee, if any. Should an Affiliate fail to pay his/her monthly fee, the Affiliate’s opportunity will be put on suspension and will not be eligible for commissions or bonuses until all past-due Affiliate fees are paid. If the Affiliate fails to pay his/her fee for a full month, the Affiliate’s Agreement shall be permanently terminated. SECTION 4 - OPERATING A TECADEMICS OPPORTUNITY 12-15-2016 Tecademics Affiliate Terms and Conditions Page 4 4.1 ADHERENCE TO THE TECADEMICS COMPENSATION PROGRAM Affiliates must adhere to all of the terms of the Tecademics Compensation Program as set forth in official Tecademics literature. An Affiliate shall not offer the Tecademics opportunity through, or in combination with, any other system, program, sales tools, or method of marketing other than those specifically set forth in official Tecademics literature. Affiliates shall not require or encourage other current or prospective Customers or Affiliates to execute any agreement or contract other than official Tecademics agreements and contract forms in order to become a Tecademics Affiliate. Similarly, Affiliates shall not require or encourage other current or prospec- tive Customers or Affiliates to make any purchase from, or payment to, any individual or other entity to participate in the Tecademics Compensation Program other than those purchases or payments identified as recommended or required in official Tecademics literature. At the end of each year, Tecademics will conduct a thorough review of Compensation Program and its effectiveness with regard to Tecademics’ business practices. Following the review, Tec- ademics reserves the right to make any and all changes necessary to bring the Compensation Program in line with its current business practices. 4.2 ADVERTISING 4.2.1 General All Affiliates shall safeguard and promote the good reputation of Tecademics and its products. The marketing and promotion of Tecademics, the Tecademics opportunity, the Compensation Program, and Tecademics products must avoid all discourteous, deceptive, misleading, unethi- cal, or immoral conduct or practices. To promote both the products and services, and the tremendous opportunity Tecademics offers, Affiliates should use the sales aids, opportunity tools, and support materials produced by Tec- ademics. The Company has carefully designed its products, product labels, Compensation Pro- gram, and promotional materials to ensure that they are promoted in a fair and truthful man- ner, that they are substantiated, and the materials comply with the legal requirements of fed- eral and state laws. Affiliates may not sell sales aids to other Tecademics Affiliates. Therefore, Affiliates who receive authorization from Tecademics to produce their own sales aids may not sell such material to any other Tecademics Affiliates. Affiliates may make approved material available to other Affiliates free of charge if they wish, but may not charge other Tecademics Affiliates for the material. 4.2.2 Trademarks and Copyrights / Intellectual Property The name of Tecademics and other names as may be adopted by Tecademics are proprietary trade names, trademarks, and service marks of Tecademics (collectively “marks”). As such, these 12-15-2016 Tecademics Affiliate Terms and Conditions Page 5 marks are of great value to Tecademics and are supplied to Affiliates for their use only in an ex- pressly authorized manner. Tecademics will only allow the use of its marks, designs, or symbols, or any derivatives thereof, solely for use by an Affiliate in the furtherance or operation of his or her Tecademics opportunity. Tecademics will not allow the use of its marks, designs, or symbols, or any derivatives thereof, by any person, including Tecademics Affiliates, in any manner with- out its prior, written permission. The content of all Company sponsored events is copyrighted material. Affiliates may not pro- duce for sale or distribution any recorded Company events and speeches without written per- mission from Tecademics, nor may Affiliates reproduce for sale or for personal use any record- ing of Company-produced audio or video tape presentations. Affiliates may not use the term Tecademics in its entirety in any form in their team name, a Ta- gline, an external website name, a personal website address or extension, in an e-mail address, as a personal name, or as a nickname. Additionally, only use the phrase Tecademics Independent Affiliate in your phone greeting or on your answering machine to clearly separate your inde- pendent Tecademics opportunity from Tecademics. For example, you may not secure the do- main name wwwTecademicsmypro.com, nor may you create an email address such as Tecadem- [email protected]. 4.2.3 Independent Tecademics Affiliate Logo If you use a Tecademics logo in any communication, you must use the Affiliate version of the Tecademics logo. Using any other Tecademics logo requires written corporate approval. 4.2.4 Media and Media Inquiries Affiliates must not attempt to respond to media inquiries regarding Tecademics, its products or services, or their independent Tecademics opportunity. All inquiries by any type of media must be immediately referred to Tecademics Marketing Department. This policy is designed to assure that Tecademics provides accurate and consistent information to the public as well as maintain- ing a proper public image. 4.2.5 Unsolicited Email-SPAM Tecademics does not permit Affiliates to send unsolicited commercial emails unless such emails strictly comply with applicable laws and regulations, including, without limitation, the federal CAN SPAM Act. Any email sent by an Affiliate that promotes Tecademics, the Tecademics oppor- tunity, or Tecademics products and services must comply with the following:  There must be a functioning return email address to the sender.  There must be either 1) a notice in the email that advises the recipient that he or she may reply to the email, via the functioning return email address, to request that future 12-15-2016 Tecademics Affiliate Terms and Conditions Page 6 email solicitations or correspondence not be sent to him or her (a functioning “opt-out” notice); or 2) a functioning unsubscribe link.  The email must include the Affiliate’s physical mailing address.  The email must clearly and conspicuously disclose that the message is an advertisement or solicitation.  The use of deceptive subject lines or false header information is prohibited.  All opt-out requests, whether received by email or regular mail, must be honored. Tecademics may periodically, at its sole discretion and without formal notice to Affiliates, send commercial emails on behalf of Affiliates. By entering into the Affiliate Agreement, Affiliate agrees that the Company may send such emails and that the Affiliate’s physical and email ad- dresses will be included in such emails as outlined above. Affiliates shall honor opt-out requests generated as a result of such emails sent by the Company. Additional information can be found in the Virtual Office under the tab “Corporate Documents.” 4.2.6 Unsolicited Faxes Except as provided in this section, Affiliates may not use or transmit unsolicited faxes in connec- tion with their Tecademics opportunity. The term "unsolicited faxes" means the transmission via telephone facsimile or computer of any material or information advertising or promoting Tec- ademics, its products, its Compensation Program or any other aspect of the company which is transmitted to any person, except that these terms do not include a fax: (a) to any person with that person's prior express invitation or permission; or (b) to any person with whom the Affiliate has an established opportunity or personal relationship. The term "established opportunity or personal relationship" means a prior or existing relationship formed by a voluntary two-way communication between an Affiliate and a person on the basis of: (a) an inquiry, application, purchase or transaction by the person regarding products offered by such Affiliates; or (b) a per- sonal or familial relationship, which relationship has not been previously terminated by either party. 4.2.7 Telephone Directory Listings Affiliates may list themselves as an “Affiliate” in the white or yellow pages of the telephone di- rectory, or with online directories, under their own name. No Affiliate may place telephone or online directory display ads using Tecademics’ name or logo, except as described below. Affili- ates may not answer the telephone by saying “Tecademics”, “Tecademics Incorporated”, or in any other manner that would lead the caller to believe that he or she has reached the corporate offices of Tecademics. If an Affiliate wishes to post his/her name in a telephone or online direc- tory, it must be listed in the following format: Affiliate’s Name Tecademics LLC Independent Consultant 12-15-2016 Tecademics Affiliate Terms and Conditions Page 7 4.2.8 Television and Radio Advertising Affiliates may not advertise on television and radio except with Tecademics’ express written ap- proval. 4.2.9 Advertised Prices Affiliates may not create their own marketing or advertising material offering any Tecademics products at a price other than the official Tecademics currently advertised price. 4.3 ONLINE CONDUCT 4.3.1 Affiliate Web Sites Affiliates may be provided with a replicated website by Tecademics, from which they can take orders, enroll new Affiliates, and manage their Tecademics opportunity. Affiliates may not cre- ate their own websites to promote their Tecademics opportunity or sell Tecademics products. 4.3.2 Tecademics Replicated Websites Affiliates may receive a Tecademics Replicated Website subscription to facilitate the online buy- ing experience for their Customers and enrollments for Affiliate prospects. Affiliates may not alter the branding, artwork, look, or feel of their Replicated Website, except as specifically allowed by Tecademics and may not use their Replicated Website to promote, market or sell non-Tecademics products, services, or business opportunities. Except as specifi- cally allowed by Tecademics, you may not alter the look (placement, sizing etc.) or functionality of the following:  The Tecademics Affiliate Logo  Your Name  Tecademics Corporate Website Redirect Button  Artwork, logos, or graphics  Original text Because Replicated Websites reside on the Tecademics.com domain, Tecademics reserves the right to receive analytics and information regarding the usage of your website. By default, your Tecademics Replicated Website URL is assigned a uniquely identifiable website name, which cannot:  Be confused with other portions of the Tecademics corporate website;  Confuse a reasonable person into thinking they have landed on a Tecademics corporate page; or 12-15-2016 Tecademics Affiliate Terms and Conditions Page 8  Contain any discourteous, misleading, or off-color words or phrases that may damage Tecademics’ image. Refer to the Virtual Office for additional information regarding Website Terms and Conditions. 4.3.3 Team Websites You may use team websites for the purposes of connecting, communicating, training, education and sharing best practices among team members. Because these sites may contain sensitive and Company-specific information, these team websites may only be shared with members of your organization. 4.3.4 Domain Names, Email Addresses and Online Aliases-Intellectual Property You are not allowed to use or register Tecademics or any of Tecademics’ trademarks, product names, or any derivatives, for any Internet domain name, email address, or online aliases. Addi- tionally, you cannot use or register domain names, email addresses, and/or online aliases that could cause confusion, or be misleading or deceptive, in that they may cause individuals to be- lieve or assume the communication is from or is the property of Tecademics. 4.3.5 Online Classifieds You may not use online classifieds (including Craigslist) to list, sell, or retail specific Tecademics products or product bundles. You may use online classifieds (including Craigslist) for prospect- ing, recruiting, sponsoring, and informing the public about the Tecademics opportunity, pro- vided Tecademics-approved templates/images are used. These templates will identify you as an Independent Tecademics Affiliate. If a link or URL is provided, it must link to your Replicated Website or your Registered External Website. 4.3.6 Banner Advertising You may place banner advertisements on a website provided you use Tecademics-approved templates and images. All banner advertisements must link to your Replicated Website. Affili- ates may not use blind ads (ads that do not disclose the identity of the Company) or web pages that make product or income claims that are ultimately associated with Tecademics products or the Tecademics opportunity. 4.3.7 Spam Linking Spam linking is defined as multiple consecutive submissions of the same or similar content into blogs, wikis, guest books, websites or other publicly accessible online discussion boards or fo- rums and is not allowed. This includes blog spamming, blog comment spamming, and spam-dex- ing. Any comments you make on blogs, forums, guest books, etc., must be unique, informative and relevant. 12-15-2016 Tecademics Affiliate Terms and Conditions Page 9 4.3.8 Digital Media Submission (YouTube, iTunes, Snapchat, etc.) Affiliates may upload, submit or publish Tecademics-related video, audio or photo content that they develop and create so long as it aligns with Tecademics’ values, contributes to the Tec- ademics community greater good, and is in compliance with Tecademics’ Policies and Proce- dures. All submissions must clearly identify you as an Independent Tecademics Affiliate in the content itself and in the content description tag, must comply with all copyright/legal require- ments, and must state that you are solely responsible for the content. Affiliates may not upload, submit, or publish any content (video, audio, presentations, or any computer files) received from Tecademics or captured at official Tecademics events or in buildings owned or operated by Tecademics without prior written permission. 4.3.9 Sponsored Links / Pay-Per-Click (PPC) Ads Sponsored links or pay-per-click (PPC) ads are acceptable. The destination URL must be to either the sponsoring Affiliate’s Replicated Website or to the sponsoring Affiliate’s Registered External Website. The display URL must also be to either the sponsoring Affiliate’s Replicated Website or to your Registered External Website, and must not contain any URL that could lead the user to believe they are being directed to a Tecademics Corporate site, or be inappropriate or mislead- ing in any way. 4.3.10 Domain Names and Email Addresses Subject to the terms as set forth in the Affiliate Agreement or these Policies and Procedures, Af- filiates may not use or attempt to register any of Tecademics’ trade names, trademarks, service names, service marks, product names, the Company’s name, or any derivative of the foregoing, for any Internet domain name, email address, or social media name or address. 4.3.11 Social Media In addition to meeting all other requirements specified in these Policies and Procedures, should an Affiliate utilize any form of social media, including, but not limited to, Facebook, Twitter, Linkedin, YouTube, or Pinterest, the Affiliate agrees to each of the following:  No product sales or enrollments may occur on any social media site. To generate activ- ity, a social media site must link only to the Affiliate’s Tecademics Replicated Website.  It is each Affiliate’s responsibility to follow the social media site’s terms of use. If the so- cial media site does not allow its site to be used for commercial activity, you must abide by the site’s terms of use.  Any social media site that is directly or indirectly operated or controlled by an Affiliate that is used to discuss or promote Tecademics’ products or the Tecademics opportunity may not link to any website, social media site, or site of any other nature, other than the Affiliate’s Tecademics replicated website. 12-15-2016 Tecademics Affiliate Terms and Conditions Page 10

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AGREEMENT. These Affiliate Policies and Procedures and the Compensation Program, in their present form, . The marketing and promotion of Tecademics, the Tecademics opportunity, the Compensation . Affiliates may upload, submit or publish Tecademics-related video, audio or photo content that.
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Most books are stored in the elastic cloud where traffic is expensive. For this reason, we have a limit on daily download.