The following Terms & Conditions shall govern all conduct between The Learning Dock (TLD), LLC and its affiliates. Enrollment and participation in the TLD Affiliate Program shall constitute consent by the enrolling individual or entity to the following terms.
WHAT YOU REALLY WANT TO KNOW
COMMISSIONS
TLD will pay the following commissions. Of course, actual commissions paid will be reflective of actual amount charged for products. Percentages will remain as noted below.
· 15% commission on Digital Products.
o Full Course Digital ($79.95) 15% = $11.99 commission
o 3-Book set – ($47.88) 5% = $7.18 commission
o 1 individual TMBG book ($19.95) 5% = $2.99 commission
PPC RULES
Our affiliates are free to use any and all key words for PayPerClick (PPC), as long as they are within compliance with the law and search engines. This is subject to change; however, you will be notified in advance if/when any changes are to be made.
Affiliates may bid on key trademark Teach Me Bass Guitar (TMBG) as long as usage is legal, ethical, truthful, and follows search engine guidelines.
COUPONS
TLD will supply affiliates with a host of banners and coupons, including self-refreshing banners. It is affiliates’ responsibility to keep content and banners current on their websites.
FTC COMPLIANCE
The Learning Dock, LLC strictly abides by Federal Trade Commission (FTC-U.S.) Guidelines regarding affiliate disclosure. This means that affiliates who review Teach Me Bass Guitar (TMBG) are required to state that they received a copy of TMBG from TLD for review purposes, if they did receive one. Whether or not an affiliate reviews TMBG, he/she is required to state clearly that they have a financial interest in sales of the product resulting from their links and/or recommendations. Please refer to the FTC Guidelines to learn how to properly abide by US laws.
A sample statement might read as follows: "While (I, your website or blog name) receive a commission on any sale of TMBG that may result from your visit, this review (or recommendation) results from my personal knowledge of the product and is my honest opinion. I feel so strongly about TMBG that I am willing to back it with my name and reputation."
LEGAL STUFF – THE SMALL PRINT REQUIRED
PROMOTIONAL RULES
Affiliates agree to abide by the following promotional rules and guidelines. Violations shall result in the suspension or termination of the offending affiliate's account and immediate forfeiture of generated commissions.
#1: No Spam. Affiliates must not promote our courses via unsolicited email promotion, also known as spam. Any email promotions must conform to the U.S. CAN-SPAM Act of 2003, regardless of whether the affiliate is based in the United States. The requirements for compliance are simple and clear and can be found on the FTC website: http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.shtm
#2: Identity Confusion. Affiliates must not design websites, promotions, or emails that create the impression that they have been created by TLD or are in any way endorsed by us. Affiliates must not represent themselves as TLD, or cause identity confusion by making websites or promotions that look like those of TLD.
#3: Bonus Offerings. The offering of conditional bonuses to users who buy through an affiliate link is not permissible. Conversely, non-conditional bonuses, whereby anyone can receive them whether they buy through your link or not, are gladly allowed. Here are some examples:
OK: "Sign up for our free e-book, called THE STUDENTS GUIDE TO BASS GUITAR."
Not OK: "If you purchase Teach Me Bass Guitar (TMBG) through my link so that I receive the commission, I will send you my free e-book, called THE STUDENTS GUIDE TO BASS GUITAR."
The second example is not acceptable under this policy because it is conditional on the customer purchasing through a particular affiliate link.
#4: Processing Customer Orders. Affiliates must not take orders directly from customers and then place those orders (on the customer's behalf) through our website. This practice, sometimes referred to as Drop-Shipping, is strictly prohibited in all of its forms.
#5: Plagiarism of Content. Affiliates must use their own original content on their websites and promotions, or content for which they have express consent from the author. Banner ads and product images provided by TLD to its affiliates are exempt from this policy.
#6: Promotion on TLD boards. Affiliates must not promote their affiliate links on TLD’s own discussion boards and student support sites. TLD affiliates must also refrain from promoting competing products, or their own websites, on TLD’s discussion boards and student support sites.
#7: Slanderous Promotion. Affiliates will represent TLD's products and services honestly and accurately. Headlines must also be honest, accurate, and non-slanderous, regardless of the copy that follows. For example:
OK: TEACH ME BASS GUITAR: SCAM OR GOLD? I tried it and liked it because...
Not OK: TEACH ME BASS GUITAR SCAM! Or at least I thought it was until I tried it...
The first headline is permissible because it possesses a question and immediately answers it, honestly and accurately. The second example is not permissible, as the headline itself is slanderous and, according to the copy that follows, inaccurate.
#8: You agree that if you live in a “nexus” State, you will not perform any solicitation activities in that State that would cause nexus.
LIMITATION OF LIABILITY
You (the affiliate) understand that TLD and/or their assigns does not guarantee or predict any type of profit or response from said services. You agree to hold TLD harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which TLD and/or their assigns may become subject arising out of or relating in any way to the use of the services provided under this agreement, including, without limitation, in each case attorneys' fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.
SERVICES TO BE PROVIDED
We agree to pay you certain commissions as described on our website for referral sales made by customers. The rate and amount of these commissions are subject to change. Notice of commission rate changes will be sent via email message to the affiliate address on file at the time of notice.
TERMINATION
We may terminate your account:
(a) if you violate our Terms Of Service Policy;
(b) promote The Learning Dock or its products in a manner that is unethical or inappropriate;
(c) violate any of the Promotional Rules;
(d) insufficient account activity; or
(e) for any reason, in our sole discretion.
You may terminate this agreement for any reason. An email sent to barbara@thelearningdock.com is appreciated, with the reason for said termination.
NO WARRANTIES
We make no warranties to you of any kind, expressed or implied, with respect to the service of The Learning Dock, LLC, its subcontractors and partners provide you. We expressly disclaim any implied warranty of merchantability or fitness of this service for a particular purpose. We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, by not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for your lost profits or for your loss of data or information. If notwithstanding this clause we are held liable to you.
TERMS
You agree: (1) to use our system in a manner that is ethical and in conformity with community standards; (2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property; 4) to accept commercial emails from us; and 5) abide by the Promotional Rules set forth in Paragraph A. If we learn of a violation or likely violation of the TERMS, we will attempt to notify you. If you do not take immediate remedial action that is satisfactory to us, or in the event of a serious violation of the TERMS, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances.
YOUR SERVICE WILL BE TERMINATED IMMEDIATELY AND WITHOUT WARNING SHOULD YOU USE OUR SYSTEM AS PART OF ANY BULK EMAIL CAMPAIGN. You may also be subject to fines and legal actions as a result of your bulk email promotion.
Assignment
This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this agreement. We may assign this agreement at any time.
Change of Terms and Conditions
We reserve the right to change the terms and conditions of this agreement as needed. Use of our servers by you after said changes constitutes acceptance of those new terms and conditions. If you do not agree to the new terms and conditions, you may terminate this agreement in accordance with Section D.
Notification of Account Changes
You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable. You agree to notify us if your address, email address, telephone number, billing information changes.
Notices
All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail.
General Provisions
The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. Subject to Section K, no supplement, modification, or amendment of this agreement shall be binding unless executed in writing by both parties. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is the subscriber, the individual signing up for our services represents that he or she is duly authorized to enter into this agreement on behalf of that organization. In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within Flagler County, Florida, before instituting litigation.
