Authorization and Contract
By executing the E-Commerce Academy Affiliate Agreement (“Affiliate Agreement”), you apply for legal authorization to become a The E-Commerce Academy (the “Company”) Affiliate and enter into contract with The E-Commerce Academy. This Agreement is created to provide detailed guidelines and limitations for all The E-Commerce Academy Affiliates.
The purpose of the E-Commerce Academy Affiliate Program is to provide individuals with the opportunity to sell digital products and enroll additional Affiliates into the E-Commerce Academy opportunity. In exchange for successfully making sales and referring The E-Commerce Academy to other Affiliates, the Company offers compensation pursuant to the terms of the Referral Plan.
Becoming a The E-Commerce Academy Affiliate
To become a The E-Commerce Academy Affiliate, an applicant must comply with the following requirements:
Term and Termination
The term of this Agreement will begin upon our acceptance of your application and will end when terminated by either the Company or you upon thirty (30) days notice. In the event of a material breach of this Agreement, The E-Commerce Academy reserves the right to terminate this Agreement immediately. Upon cancellation or termination, all property rights are forfeited regarding any commissions, referrals or other remuneration derived through your sales. The E-Commerce Academy reserves the right to terminate all Affiliate Agreements upon thirty days’ notice if the Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its products via Affiliate channels. No termination of this Agreement will relieve either party for any liability for any breach of, or liability accruing under, this Agreement prior to termination.
Independent Contractor Status
The E-Commerce Academy Affiliate is an independent contractor, and not a purchaser of a franchise or business opportunity. Therefore, each Affiliate’s success depends on his or her independent efforts. The agreement between The E-Commerce Academy and its Affiliates does not create an employer/employee relationship, agency, partnership, or joint venture between The E-Commerce Academy and the Affiliate. All Affiliates are responsible for paying local, state, and federal taxes due from all compensation earned as an Affiliate of the Company. Affiliates have no express or implied authority to bind The E-Commerce Academy to any obligation or to make any commitments by or on behalf of the Company.
As a self-employed independent contractor, you will be operating your own independent business selling products and services available through The E-Commerce Academy on your own account. You have complete freedom in determining the number of hours that you will devote to your business, and you have the sole discretion of scheduling such hours. In the event you earn over $600 in a calendar year, you will receive IRS Form 1099-MISC reflecting the amount of income paid to you during the calendar year. It will be your sole responsibility to account for such income on your individual income tax returns.
Selling The E-Commerce Academy Products
You agree to make no representations or claims about any products or services beyond those shown in official The E-Commerce Academy literature.
Income Disclosure Policy
In an effort to conduct best business practices, The E-Commerce Academy has developed an income disclaimer. The The E-Commerce Academy income disclaimer is designed to convey truthful, timely, and comprehensive information regarding the income that Company Affiliates can earn.
The E-Commerce Academy Referral Plan
Affiliates must adhere to the terms of the E-Commerce Academy Referral Plan as set forth in Official The E-Commerce Academy Materials. Affiliates shall not require or encourage other current or prospective customers or Affiliates to participate in The E-Commerce Academy in any manner that varies from the program as set forth in Official Company Materials. Affiliates shall not require or encourage other current or prospective customers or Affiliates to make any purchase from, or payment to, any individual or other entity to participate in the E-Commerce Academy Referral Plan other than those purchases or payments identified as recommended or required in Official The E-Commerce Academy Materials.
In an effort to alleviate administrative burdens, The E-Commerce Academy reserves the right to postpone commission payments until such time the cumulative amount exceeds $30.
A E-Commerce Academy Affiliate must review his or her monthly referral statement and report any discrepancies within thirty (30) days of receipt. At the conclusion of this thirty day “grace period,” no additional requests will be considered for commission recalculation.
Errors or Questions
If an Affiliate has questions about or believes any errors have been made regarding commissions, bonuses, or charges, the Affiliate must notify The E-Commerce Academy in writing within thirty (20) days of the date of the purported error or incident in question. The E-Commerce Academy will not be responsible for any errors, omissions, or problems not reported to the Company within 20 days.
The E-Commerce Academy Referral Plan is based upon the sale of The E-Commerce Academy products and services to end consumers. Purchasing The E-Commerce Academy products solely for the purpose of qualifying for commissions is strictly prohibited.
Bonus Buying Prohibited
Bonus buying is strictly and absolutely prohibited. Bonus buying includes: (a) the enrollment of individuals or entities without the knowledge of and/or execution of an Affiliate Agreement by such individuals or entities; (b) the fraudulent enrollment of an individual or entity as an Affiliate or Customer; (c) the enrollment or attempted enrollment of non-existent individuals or entities as Affiliates or Customers (“phantoms”); (d) purchasing The E-Commerce Academy products or services on behalf of another Affiliate or Customer, or under another Affiliate’s or Customer’s ID number, to qualify for commissions or bonuses; (e) purchasing excessive amounts of goods or services that cannot reasonably be used or resold in a month; and/or (f) any other mechanism or artifice to qualify for rank advancement, incentives, prizes, commissions, or bonuses that is not driven by bona fide product or service purchases by end user consumers.
Affiliates will receive commissions weekly, on Fridays, for sales completed two weeks in arrears. The minimum commission payment will be $30. If you earned less than $30, your commission will roll to the next week until the $30 threshold is met.
Use of Sales Aids
While promoting the Company, Affiliates must use the sales aids and support materials produced by The E-Commerce Academy. If E-Commerce Academy Affiliates develop their own sales aids and promotional materials (which includes Internet advertising), notwithstanding Affiliates’ good intentions, they may unintentionally violate any number of statutes or regulations affecting a E-Commerce Academy business. Accordingly, Affiliates must submit all written sales aids, promotional materials, advertisements, websites and other literature to the Company for approval prior to use. Unless the Affiliate receives specific written approval to use the material, the request shall be deemed denied. All Affiliates shall safeguard and promote the good reputation of The E-Commerce Academy and its products.
An Affiliate may not build third-party sites that contain materials copied from corporate sources nor create his or her own website to promote the Company without receiving express approval from The E-Commerce Academy. An Affiliate may not use or attempt to register any of the Company’s trade names, trademarks, service names, service marks, product names, URLs, advertising phrases, the Company’s name or any derivative thereof, for any purpose including, but not limited to, Internet domain names (URL), third party Web sites, Web pages, or blogs.
You agree that during the period while you are an Affiliate, and for one (1) calendar year following resignation or termination from the Company, you will not encourage, solicit, or otherwise attempt to recruit or persuade any other The E-Commerce Academy Affiliate to compete with the business of The E-Commerce Academy. Furthermore, for the same duration, you agree not to recruit or solicit any of the individual customers or companies listed in the The E-Commerce Academy customer database for a competing enterprise, unless you can demonstrate a pre-existing relationship prior to this Agreement.
The E-Commerce Academy desires to provide its Affiliates with the best services and fee schedule possible. Accordingly, The E-Commerce Academy values constructive criticism and encourages the submission of written comments addressed to The E-Commerce Academy leadership. However, negative and disparaging comments about the Company calculated to dampen the enthusiasm of other The E-Commerce Academy Affiliates and disparage The E-Commerce Academy represents a material breach of these Policies and Procedures and may be subject to sanctions as deemed appropriate by the Company.
Affiliate agrees to use the Trademarks and Copyrights in the form and manner and with appropriate legends as currently used and permitted by the Company. All promotional materials supplied or created by The E-Commerce Academy must be used in their original form and cannot be changed, amended or altered except with prior written approval from the Company. The name of The E-Commerce Academy, each of its product names and other names that have been adopted by the Company in connection with its business are proprietary trade names, trademarks and service marks of The E-Commerce Academy. As such, these marks are of great value to The E-Commerce Academy and are supplied to Affiliates for their use only in an authorized manner.
An emailed copy of the Agreement shall be treated as an original in all respects.
An Affiliate is fully responsible for all of his or her verbal and/or written statements made regarding The E-Commerce Academy products, services, and referral fees, which are not expressly contained in Official Company Materials. Affiliate agrees to indemnify The E-Commerce Academy and hold it harmless from any and all liability including judgments, civil penalties, refunds, attorney fees, court costs or lost business incurred by the Company as a result of the Affiliate’s unauthorized representations or actions. This provision shall survive the cancellation of this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. The provisions of this Agreement, including all documents incorporated herein by reference, embody the whole agreement between you and The E-Commerce Academy and supersedes any prior agreements, understandings and obligations between you and the Company concerning the subject matter of your contract with the Company.