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Affiliate Program Terms and Conditions

Affiliate Agreement

1. General

 

These Terms and Conditions (the “Affiliate Agreement”) govern the Affiliate Program that is run by Frame Time Sp. z o.o, hereinafter referred to under the brand name of “English Wizards,” or as “we” or “us.” These Terms and Conditions represent an agreement and understanding between English Wizards and the individual or entity who participates in the Affiliate Program (the “Affiliate”, “you,” or “it”).

Please read this agreement careful as it represents a legally binding agreement between you and English Wizards. By submitting your application and by your use of the Affiliate Program, you agree to comply with all of the terms and conditions set out in this Affiliate Agreement. English Wizards may terminate your Affiliate Account at any time, with or without notice, for conduct that is in breach of this Affiliate Agreement, for conduct that English Wizards believes is harmful to its business or image, or for conduct where the use of the Affiliate Program is harmful to any other party.

 

2. Referral Tracking

 

English Wizards will provide the Affiliate with specific Referral Links to link published content to English Wizards’ landing page. English Wizards will track users using web cookies who have visited these Referral Links. Cookies will be active for one year (365 days) from when a user clicks a Referral Link, and all purchases made to English Wizards during that time will be considered eligible for payout (an “Eligible Referral”) for the Affiliate.

English Wizards provides the Affiliate with access to an Affiliate Portal.  The Affiliate can use this portal to access Referral Links, track the status of referrals, and manage payouts.

The Affiliate is not authorized to modify or alter the Referral Links or the cookies in any way. English Wizards is not responsible for any tracking or reporting errors that may result from any modifications to the Referral Link or the cookies.

 

3. Affiliate Fees and Payouts

 

A referral will become eligible for payout at the end of the calendar month if the referral has made at least one purchase of a package from English Wizards, and there have been no refunds, reversals, disputes, or transactional errors on the transaction.  

The Affiliate is entitled to receive a one-time payment of 10% of the total value of each purchase made by an Eligible Referral (“Affiliate Fee”).

Payment will be made against a valid invoice issued by the Affiliate. The Affiliate is responsible for providing English Wizards with a legal invoice that is required to remit the Affiliate Fees, and is solely responsible for any delays in payment resulting from its failure to do so. English Wizards can pay the invoice with PayPal, credit card, or direct bank transfer.

The sum of each Affiliate Fee (“Affiliate Balance”) is calculated by the Affiliate Portal in Euro (EUR). The Affiliate can provide an invoice in a foreign currency at the equivalent value, however in doing so you understand that foreign transaction fees may be deducted.

The withstanding Affiliate Balance is payable at the end of each calendar month. English Wizards agrees to pay the full Affiliate Balance by no later than the 20th day of the following month, providing that the Affiliate provides us with a valid invoice. If no invoice is provided, the Affiliate Balance accumulates for the following month. After 12 calendar months of being unpaid, a withstanding Affiliate Balance will be forfeited.

In the event of any activity deemed suspicious by English Wizards, including activities by the referred user that could lead to the transaction being reversed, English Wizards may delay the payment of Affiliate Fees by up to 6 calendar months to verify the relevant transactions. English Wizards reserves the right to recalculate, void, or disqualify any referrals or Affiliate Fees in the event of any fraudulent, deceptive or otherwise illegal activity. English Wizards also reserves the right to manually recalculate the Affiliate Balance in the event of a glitch or bug in the Affiliate Portal leading to an incorrect Affiliate Balance being displayed.

 

 

 

 4. Promotional Content

 

English Wizards grants permission to the Affiliate to use English Wizards brand and image in promotional content containing the Affiliate Link as a means to drive traffic and generate referrals.

The Referral Links are only to be used within content published on the Affiliate’s own website, social media channels, or other platforms under the Affiliate’s direct control. Places where Referral Links can explicitly not be posted include, but are not limited to; forums, chat boards, job boards, blog comments, social media group pages, personal social media pages, and social media replies or comments.  

English Wizards prohibits all use of Referral Links in direct sharing and spam. Affiliate Links can only be used in published content, and not in emails, instant messages, private messages, and all other forms of direct sharing, whether solicited or unsolicited. The sole exception to this rule is the inclusion of Affiliate Links within direct marketing content provided solely to the Affiliate’s subscribers or members (for example, a newsletter), which is permitted.

English Wizards branding and Affiliate Links are not to be used in any form of advertising, whether paid or unpaid, without approval of English Wizards. All published content must not appear to be an advertisement for English Wizards, and unless given prior approval, cannot be written in any way that implies that the Affiliate works for English Wizards, represents English Wizards, or is paid by English Wizards to produce the content.

The Affiliate may only publish content using English Wizards branding and Affiliate Links if the content marks English Wizards in good taste. The Affiliate may not portray English Wizards in a manner that, in English Wizards’ sole discretion, portrays English Wizards in negative light.

The Affiliate will be solely responsible for its own marketing activities. All marketing activities must be professional and in full compliance with all applicable laws in the Affiliate’s jurisdiction.

English Wizards may, with or without prior notice, require the Affiliate to remove or modify any published content containing English Wizards’ branding or Affiliate Links.

The Affiliate can request media content from English Wizards, including our logos and other branded media. In granting the Affiliate access to our branded materials, English Wizards hereby grants the Affiliate a non-exclusive, non-transferable, limited license to use branded materials for the sole purpose of promoting English Wizards within the guidelines of the Affiliate Program. This license will expire upon termination of the Affiliate’s participation in the Affiliate Program.

 

 

 

 5. Termination

 

The Affiliate may terminate the Affiliate’s participation in the Affiliate Program with immediate effect by giving the other party a written notice of termination. In the event of termination by request of the Affiliate, the withstanding Affiliate Balance will be paid out the following month as discussed in Article 3. English Wizards will close the Affiliate’s account on the Affiliate Portal immediately following the final payment.

English Wizards reserves the right to terminate the Affiliate’s participation in the Affiliate Program at any time for conduct that is in material breach of this Affiliate Agreement or for conduct that English Wizards, in its sole discretion, deems to be harmful to its business activity or public image.

Upon termination, the Affiliate will lose access to its Affiliate Portal and will forfeit the withstanding Affiliate Balance.

 

 

 

 6. Confidentiality

 

All matters discussed in English Wizards’ Privacy Policy apply to the Affiliate Agreement and everything within the Affiliate Program. The Affiliate understands that all content displaying English Wizards’ Affiliate Links and branding must comply with the European Union’s GDPR regulations, as well as all relevant data protection and privacy regulations in its jurisdiction.

The Affiliate Program is not a publicly available program, and is available exclusively to Affiliates selected and approved by English Wizards. All matters related to the Affiliate Program and this Affiliate Agreement are therefore deemed confidential, and cannot be shared or disclosed by the Affiliate in any way. 

Without prior approval from English Wizards, the Affiliate is prohibited in mentioning or disclosing its relationship with English Wizards as an affiliate; disclosing any details of this Affiliate Agreement or the Affiliate Program; or inviting others to participate in the Affiliate Program.

 

 

 

 7. Relationship of Parties

 

English Wizards and the Affiliate are independent contractors cooperating in a business to business agreement. 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 English Wizards’ behalf or represent English Wizards.

 

 

 

 8Limitation of Liability

 

The Affiliate Program is provided on an “as is” and “as available” basis and the use of the Affiliate Program is at the Affiliate’s own risk. English Wizards makes no representations or warranties, either expressed or implied, with respect to the Affiliate Program, or any service or information provided through the Affiliate Program.

English Wizards is not responsible for any damages, injury or economic loss arising from the use of Affiliate Program. Should any part of the Affiliate Program cause damage or inconvenience to the Affiliate or anyone claiming through the Affiliate, the Affiliate assumes responsibility and the entire cost for them.

The Affiliate will indemnify and hold harmless English Wizards, its directors, officers, employees, agents, subsidiaries, and third parties from and against any losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to the Affiliate’s or any third party’s operations or use of the Affiliate Program.

 

 

 

 9Modification

 

English Wizards may, in its sole discretion, change or modify this Affiliate Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Affiliates upon posting of the modified Affiliate Agreement to this web address: https://englishwizards.org/affiliate-terms/. The Affiliate is responsible for reading this document from time to time to ensure that its use of the Affiliate Program remains in compliance with this Affiliate Agreement.

If any modification is unacceptable to the Affiliate, its sole recourse shall be to terminate this Affiliate Agreement. The Affiliate’s continued participation in the Affiliate Program will constitute binding acceptance of such modifications.

 

 

 

Legal

 

The Affiliate warrants and represents that the representor is over the age of 18 and is qualified to enter into this Affiliate Agreement.

The Affiliate warrants and represents that its actions and its participation in the Affiliate Program is in compliance with all applicable laws, rules, regulations, and any requirements of Poland, the European Union and the Affiliate’s jurisdiction at all times. English Wizards reserves the right to terminate the Affiliate’s participation in the Affiliate Program if English Wizards determines, in its sole discretion, that the Affiliate’s actions or its participation in the Affiliate Program is in violation of any laws, rules, regulations, or any other requirements.

This Affiliate Agreement constitutes the entire understanding between English Wizards and the Affiliate. This Affiliate Agreement supersedes any other contracts or understandings between the parties hereto and neither party shall be bound by any statements or representations that are not embodied in this Agreement.

Any dispute arising in relation to this Affiliate Agreement shall be exclusively resolved in the Courts of English Wizards’ jurisdiction.

 

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