Affiliate Agreement
As an authorized affiliate (Affiliate) of Elite U of TX LLC (“EU”), you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting EU as an Affiliate.
Your participation in the Program is solely to legally advertise our websites as well as any other application, media channel, or tool related to EU and its business purposes to receive a commission on memberships and products purchased by individuals referred to EU by your own website or personal referrals.
By signing up for the EU Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.
Joining Our Affiliate Program
By filling out the signup form, you will automatically become an affiliate and are bound by the terms of this agreement. By using the EU family of websites or by clicking to accept or agree to the Terms and Conditions when and if this option is expressly available to you, you accept and agree to be bound and abide by these Terms and Conditions.
Approval or Rejection of the Application
We reserve the right to approve or reject ANY Affiliate Program Application at our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.
Services
(A) Affiliate will have the non-exclusive right to represent the EU Office of Continuing Education and to market and sell EU’s Continuing Professional Education (CPE) training courses throughout the United States.
(i) Affiliate will provide the following services:
(a) Affiliate will be responsible for marketing and promoting EU’s CPE training courses to their network of social media followers. Any publication and/or advertisement in the promotion of EUs CPE training courses shall first be approved by EU. The EU name, logo, promotional materials, and information may be used with the approval of EU during the term of this agreement.
(b) Affiliate will be financially responsible for all marketing, selling, administrative, and other expenses relating to its marketing efforts.
(ii) EU will provide the following services:
(a) Assign a unique code for you to provide to your followers to register for CPE training courses
(b) Host and maintain a platform to register users, launch, track, and report usage in CPE training courses
(c) Assure that CPE course content is approved by regulatory authorities
(d) Maintain CPE course content
(e) Provide user support
(f) Payment of all commissions due Affiliates
Commissions
Commissions will be paid once a month. For an Affiliate to receive a commission, the referred account must remain active for a minimum of 37 days.
EU agrees to pay Affiliate commissions on net sales at a rate of 10% of net sales for purchases referred through your network and identified through your assigned code.
You cannot refer yourself, and you will not receive a commission on your own accounts. There is also a limit of one commission per referral. If someone clicks the link on your site and orders multiple accounts, then you will receive a commission on the first order only.
Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.
Revocation of Affiliate Status
Your affiliate application and status in the program may be suspended or terminated for any of the following reasons:
- Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
- Spamming (mass email, mass newsgroup posting, etc.).
- Advertising on sites containing or promoting illegal activities.
- Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
- Violation of intellectual property rights. EU reserves the right to require license agreements from those who employ trademarks of EU in order to protect our intellectual property rights.
- Offering rebates, coupons, or other forms of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with EU, however, is acceptable.
- Self-referrals, fraudulent transactions, suspected Affiliate fraud.
In addition to the foregoing, EU reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement, or for no reason.
OWNERSHIP/INTELLECTUAL PROPERTY
All content developed by EU or licensed by EU, and improvements to EU’s marketing and course materials are the sole property of EU. This shall apply with respect to EU’s copyrightable works, ideas, discoveries, inventions, applications for patents, and patents, any improvements, further inventions or improvements, and any new items discovered or developed by EU during the term of this Agreement. You agree and acknowledge that you will not copy, modify, amend, imitate, alter, or use any of EU’s intellectual property without EU’s written consent. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of EU to the user or grant any right or license other than those stated in this Agreement.
All content licensed by EU shall be the sole property of the licensor. Affiliate shall sign all documents necessary to perfect the rights of EU in such intellectual property but will not be liable for any costs associated with perfecting the rights of EU in said property.
EXPENSE REIMBURSEMENT
Affiliate shall pay all “out-of-pocket” expenses related to its marketing efforts (see paragraph 1, “Description of Services” above), and shall not be entitled to reimbursement from EU.
RELATIONSHIP OF PARTIES
This Agreement does not constitute either party an agent, legal representative, joint venture partner, partner, or employee of the other for any purpose whatsoever and, neither party is in any way authorized to make any contract, agreement, warranty, or representation or to create any obligations, express or implied, on behalf of the other party hereto.
Affiliate Links
You may use graphic and text links both on your website and within your email messages. You may also advertise EU and companies' websites in online and offline classified ads, magazines, and newspapers.
You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in Revocation of Affiliate Status.
Liability
ELITEU will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by ELITEU. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.
Term of the Agreement
The term of this Agreement begins upon your acceptance into the Program and will end when your Affiliate account is terminated.
The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement is unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.
Indemnification
Affiliate shall indemnify and hold harmless ELITEU and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by ELITEU to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.
Governing Law, Jurisdiction, and Attorney Fees
This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Texas. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the state courts located in Harris County, Texas.
In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.
Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the ELITEU affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the ELITE U application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.
