MBI WEB COURSE REFERRAL PROGRAM – TERMS AND CONDITIONS
Last Revised: May 23, 2017
PLEASE READ THIS AGREEMENT CAREFULLY! It contains important information regarding the MBI Web Course Referral Program terms and conditions and your legal rights.
- OVERVIEW
This MBI Web Course Referral Program Agreement (this “Agreement”) is entered into by and between Hire Authority, Inc., a Florida corporation and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of the MBI Web Course Referral Program.
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by terms and conditions of this Agreement.
The terms “we”, “us” or “our” shall refer to Hire Authority. The terms “you”, “your”, “User”, “customer” or “Affiliate” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Hire Authority, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the Hire Authority website at www.hireauthority.com/referral-terms-and-conditions (this “Site”). You acknowledge and agree that (i) Hire Authority may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not participate (or continue to participate) in the MBI Web Course Referral Program found at this Site. In addition, Hire Authority may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account (“Account”) information, including your email address, current. Hire Authority assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.
- DESCRIPTION OF THE PROGRAM
Hire Authority grants you a non-exclusive, non-transferable limited license to use the MBI Web Course Referral Program in accordance with the terms and conditions set forth herein.
The MBI Web Course Referral Program allows you to provide a platform for advertising Hire Authority’s MBI Web Course via your “Web Site” or “Publishing Location” (such as an electronic newsletter or blog), thereby driving traffic to Hire Authority’s Web Site or Web Site content, whereby you may earn a portion of the revenue generated (a “Commission Payment”) if a person or entity that is not you (a “Visitor”) purchases the Hire Authority MBI Web Course(s) using your unique, traceable MBI Web Course Referral Program link contained on your Web Site or Publishing Location.
After being referred to Hire Authority’s Web Site or Web Site content from your Web Site or Publishing Location, Visitors must complete their purchase in order for you to receive a Commission Payment. Please note that you will only receive a Commission Payment for purchases completed that used your designated MBI Web Course Referral Program link; subsequent purchases made by the same Visitor are commissionable only if your designated MBI Web Course Referral Program link is used again. The only Hire Authority product eligible for a Commission Payment is the MBI Web Course. No other Hire Authority products or services are eligible for a Commission Payment.
You acknowledge and agree that only purchases completed through Hire Authority’s Web Site or Web Site content will be eligible for a Commission Payment. No purchases taken or completed over the telephone will be eligible for a Commission Payment. You are not eligible for a Commission Payment on purchases made by you, your employees, agents, representatives, or contractors.
- WEB SITE AND PUBLISHING LOCATION RESTRICTIONS
You acknowledge and agree that your Web Site or Publishing Location shall not (and shall not enable others to):
Engage in (a) sending unsolicited commercial email (“spam”) or (b) indiscriminate advertising;
Fail to comply with the Spam Act of 2013 or other applicable laws regulating commercial email;
Collect personal information about minors without their parent’s prior written consent;
Contain pornographic or obscene content, tasteless images, or excessively violent or hate-related material, as determined by Hire Authority in its sole and absolute discretion;
Encourage the use of a controlled substance;
Encourage unlawful behavior;
Display, promote or sell illegal content, or offer any illegal product or service;
Violate any applicable law;
Contain any false, inaccurate, misleading, defamatory, slanderous or libelous content or statements;
Advocate, promote, or encourage violence or discrimination against any person, organization, or governmental entity;
Contain Links to Web Sites containing the serial numbers for unlocking software illegally, pyramid schemes, or impersonations of another person or organization; or
Contain Links to Web Sites containing any of the aforementioned content.
In addition, you acknowledge and agree you shall not:
Copy, alter or modify any icons, buttons, banners, graphics, files, or content contained in Hire Authority’s Web Site or banners, including but not limited to removing or altering any copyright or trademark notices. You recognize that Hire Authority owns all rights in and to all information regarding the Visitors that you refer to Hire Authority’s Web Site or Web Site content.
Enter into any arrangement or agreement under which a third party pays you fees or shares in any revenues or royalties for any search results displayed on your Web Site.
Your Web Site or Publishing Location shall not in any way copy or resemble the look and feel of Hire Authority’s Web Site or Web Site content, and you shall not create the impression that your Web Site or Publishing Location is part of Hire Authority’s Web Site. This includes using Hire Authority’s trademarks, trade names, or any variations or misspellings thereof, in your URL, business name, or site name. You shall not “frame” or permit the “framing” of any page of Hire Authority’s network of Web Sites.
Purchase Order purchases, or any other purchases that are not paid are non-bona fide purchases and shall not be eligible for Commission Payments until payment in full is received.
Engage in activities, whether lawful or unlawful, that Hire Authority determines, in its sole and absolute discretion, to be harmful to Hire Authority or its customers, employees, operations, or reputation.
You acknowledge and agree that Hire Authority may terminate your Services (a) if you, your Web Site or your Publishing Location violates, as determined by Hire Authority in its sole and absolute discretion, any of the aforementioned restrictions or additional restrictions, (b) if your Web Site or Publishing Location is not live, is under construction, or is a personal homepage or other personal site.
- CALCULATION OF COMMISSION PAYMENTS
Commission Payments Generally
Hire Authority shall use reasonable efforts to provide you with accurate Commission Payments. You acknowledge and agree that in calculating your Commission Payment Hire Authority’s determination regarding the same shall be the final and binding determination. Upon your cancellation of the Service, any funds remaining in your MBI Web Course Referral Program account shall be paid to you in accordance with your selected payment option.
The commission structure (the “Commission Structure”) for the MBI Web Course Referral Program shall be based on the MBI Web Course purchase price minus any promotional code discount. No other products purchased by Visitor are eligible for Commission Payment. The Commission Structure may be comprised of (i) a percentage rate per MBI Web Course sale, (ii) a fixed amount per MBI Web Course sale, or (iii) a combination of both. In addition, the Commission Structure may vary by Affiliate. Hire Authority expressly reserves the right to change or modify the Commission Structure at any time, and such changes or modifications shall be effective immediately upon posting to this Site without need for further notice to you.
Hire Authority will hold Commission Payment on all orders for the MBI Web Course for thirty (30) days from the purchase date. After this time, Commission Payments will be paid out at the end of the month in accordance with the provisions below and will represent Commission Payments earned in the immediately preceding month. Commission Payments may be debited or withheld on any orders refunded by Hire Authority or charged back by the issuing bank (for fraud or any other reason). Hire Authority reserves the right to extend the payment date on orders suspected of fraudulent or abusive activity.
Commission Payments for Domestic Affiliates (Affiliates Based in the U.S.) and International Affiliates (Affiliates Based Outside the U.S.)
The payout date is the date that the Commission Payment is sent to you. Commission Payments may be paid by PayPal® or check in U.S. Dollars.
i. PayPal
Domestic and International Affiliates utilizing PayPal will be paid at the end of the month on the thirtieth (30th) day of the month. Should the thirtieth (30th) day of the month fall on a Saturday, the payout date will be on the previous business day. Should the thirtieth (30th) day of the month fall on a Sunday or holiday, the payout date will be on the next business day. February Commission Payments will be made on the last business day of the month. No minimum threshold is required for Commission Payment to be paid. If the payment amount exceeds $20,000.00, it will be split into two PayPal payment transactions. Please refer to the PayPal account set-up requirements for your country, which may be found here, to ensure your PayPal account has the ability to receive payments from third parties. PayPal transaction fees for Hire Authority to pay Affiliate will be the responsibility of Hire Authority and will not be deducted from your Commission Payment.
ii. Check
Domestic and International Affiliates who fail to choose PayPal as their payment option will receive their Commission Payment via paper check, which shall be mailed out monthly at the end of the month on the thirtieth (30th) day of the month. Should the thirtieth (30th) day of the month fall on a Saturday, the payout date will be on the previous business day. Should the thirtieth (30th) day of the month fall on a Sunday or holiday, the payout date will be on the next business day. February Commission Payments will be made on the last business day of the month. A One Hundred Dollar ($100.00) minimum threshold is required before a check will be issued. Domestic Affiliates receiving Commission Payments via paper check acknowledge and agree that a Five Dollar ($5.00) check processing fee will be levied each time a Commission Payment check is printed. No check processing fee is charged for International Affiliates.
MBI Web Course Referral Program Links
You acknowledge and agree that Hire Authority only has an obligation to make Commission Payments on purchases utilizing traceable MBI Web Course Referral Program links that are supplied to you through your Hire Authority Referral Program Manager. Pending Commission Payments earned on purchases in violation of the foregoing will be reversed. Hire Authority does not make Commission Payments on purchases made by Visitors with the following; a link not supplied to you through your Hire Authority Referral Program Manager, promotions from Hire Authority supplied directly to customers in the Hire Authority newsletter or other Hire Authority marketing materials or emails, or any other link that is not compatible with the MBI Web Course Referral Program.
- AFFILIATE OBLIGATIONS, REPRESENTATIONS AND WARRANTIES
Indemnification Obligations
Affiliate covenants and agrees to indemnify and hold harmless Hire Authority from and against any and all claims, damages, losses, penalties, costs, expenses and fees (including without limitation reasonable attorneys’ fees) (collectively, “Claims”) arising out of or in connection with (i) Affiliate’s breach of or non-compliance with this Agreement, (ii) Affiliate’s use of the Services, (iii) Affiliate’s violation or alleged violation of any applicable law, (iv) Affiliate’s violation or alleged violation of any rights of another, including violation of a person’s or entity’s intellectual property rights, (v) any products or services offered, sold or otherwise made available by Affiliate on Affiliate’s Web Site or Publishing Location, (vi) Affiliate’s acts or omissions in using, displaying or distributing any Links obtained from the MBI Web Course Referral Program or elsewhere, including but not limited to Affiliate’s use of Links via email distribution, or (vii) any assertion that Hire Authority is obligated to pay taxes in connection with a Commission Payment made by Hire Authority to Affiliate pursuant to this Agreement. In the context of this Section only, the term “Hire Authority” shall include Hire Authority’s officers, directors, employees, agents, representatives, contractors, and any entity that controls, is controlled by, or is under common control with, Hire Authority. Affiliate’s indemnification obligations set forth in this Section shall survive the expiration or termination of this Agreement.
- AVAILABILITY OF MBI WEB COURSE AND MBI WEB COURSE REFERRAL PROGRAM
Subject to the terms and conditions of this Agreement and Hire Authority’s policies and procedures, Hire Authority shall use commercially reasonable efforts to attempt to make available the MBI Web Course and the MBI Web Course Referral Program on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. You acknowledge and agree that from time to time the MBI Web Course and/or the MBI Web Course Referral Program may be inaccessible or inoperable for any reason, including, without limitation:
Equipment malfunctions;
Periodic maintenance, repairs or replacements that Hire Authority may undertake from time to time; or
Causes beyond the reasonable control of Hire Authority or that are not reasonably foreseeable by Hire Authority, including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.
You acknowledge and agree that Hire Authority has no control over the availability of the MBI Web Course and the MBI Web Course Referral Program on a continuous or uninterrupted basis, and assumes no liability to you or any other party with regard thereto.
- HIRE AUTHORITY’S RIGHTS AND REMEDIES
Hire Authority explicitly reserves the right, in its sole and absolute discretion, to:
Modify the pricing, fees, thresholds, payouts, promo codes, links, or any terms and conditions of the MBI Web Course Referral Program without advance notice, if desired by Hire Authority;
Establish limits and guidelines concerning the use of the MBI Web Course Referral Program; and
Terminate your license to use the MBI Web Course Referral Program if your use of the MBI Web Course Referral Program is in violation of the terms and conditions of this Agreement.
If Hire Authority terminates your license to use the MBI Web Course Referral Program, Hire Authority may, in its sole and absolute discretion. Hire Authority has no obligation to monitor your use of the MBI Web Course Referral Program, but reserves the right to do so.
Notwithstanding anything to the contrary in this Agreement, in addition to any and all other rights and remedies to which Hire Authority is entitled, Hire Authority specifically reserves the right to:
Terminate the MBI Web Course Referral Program at any time for any reason.
Terminate your license to use the MBI Web Course Referral Program at any time for any reason. If your license is terminated, Hire Authority will make any Commission Payments from validly generated purchases using your designated promo code which accrue before the termination date. Hire Authority will not make any Commission Payments which accrue after the termination date. You acknowledge and agree that the determination as to whether a purchase was “validly generated” from your Web Site or Publishing Location shall be made in Hire Authority’s sole and absolute discretion.
Suspend your license to use the MBI Web Course Referral Program at any time for any reason. If your license is suspended, you will not receive any Commission Payments during your suspension period, whether such Commission Payments accrued before or during your suspension period. After completion of an internal investigation, if you are allowed back into the MBI Web Course Referral Program, Hire Authority will make any Commission Payments from validly generated purchases using your designated promo code which accrued before or during your suspension period. You acknowledge and agree that the determination as to whether a purchase was “validly generated” using your designated promo code shall be made in Hire Authority’s sole and absolute discretion.
Require the forfeiture of any previously earned revenue in connection with the Services, which has been paid or yet to be paid on any purchases you generated or assisted in generating during any times when you are in violation of this Agreement.
- TRADEMARKS
You acknowledge and agree that the MBI Web Course Referral Program, the names, trademarks, and logos of Hire Authority, and all related product and service names, design marks and slogans (the “Hire Authority Trademarks”), are the sole and exclusive property of Hire Authority, and your use of the Hire Authority Trademarks shall inure to the benefit of Hire Authority. You are not authorized to use the Hire Authority Trademarks in any advertising, publicity, or other commercial venture except by displaying in an unaltered state the banners, graphics or content as provided by this MBI Web Course Referral Program.
You agree not to utilize, advertise, or otherwise promote any mark of Hire Authority in the headline or description copy associated with pay-for-placement search engines or paid search engine advertising and you may not bid on any mark of Hire Authority on any pay-for-placement search engines.
- TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
- DEFINITIONS; CONFLICTS
Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement. In the event there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control.