AFFILIATE TERMS

The present terms and conditions apply to the Affiliate who has signed up for the Affiliate Program of the Company and has filled up the signup form on the company’s application ZanVos. This Agreement lays down the various terms and conditions that apply to the Affiliate to acknowledge that the affiliate agrees to be bound by this Agreement, represent, and warrant and  is lawfully able to enter into contracts (or authorized and lawfully able to bind the company or other legal entity which the affiliate represent to this Agreement) and that the affiliate is and will remain in compliance with this Agreement.

Please refer to the terms and conditions as laid out below and ensure that you are aware about all the do’s and don'ts in regard to the referral and provide us with the documents as required by us for the student referred by you.

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1.    OVERVIEW

These Affiliate Terms contain the complete terms and conditions that apply to You when becoming an affiliate in ZanVos affiliate program (the “Affiliate Program”) where we permit you to advertise our services on your site, in email, or any other form of electronic marketing, and to receive a commission on services purchased by your referred individuals.

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2.   ENROLLMENT IN THE AFFILIATE PROGRAM

(a)  Application Completion. If you have not already done so, you need to complete an application to the Affiliate Program (the “Application”) via the company’s application.

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(b)  Acceptance of Your Application. If we choose to accept your Application, you will receive an email notification confirming that your Application has been approved. You understand and agree that we may accept or reject your Application at our sole discretion. Your Application will be rejected if any of the information you provide is incorrect or incomplete, if you violate any applicable law, or violate any person’s intellectual property rights, or for any other reason We may deem fit to reject Your Application.

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(c)   You will ensure that your information including your email address is at all times complete, accurate and up-to-date. We may send communications to the email address associated with your account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.

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3.   REFERRAL AND TERMS APPLICABLE

(a)  In the affiliate program, the affiliate earns compensation by generating clicks to our applications that convert to a complete transaction of sale. After the affiliate is accepted into the Program, he/she may display affiliate links on their website. “Affiliate links” are links to our application according to the special link formats we provide (including the Affiliate ID you received). Affiliate links may be created by you or made available to you by us and must use the hyperlink we create and place it as per your own discretion as per the format. Any affiliate link placed must be done in such a way that it is not misleading to any visitor and done with the intention of delivering valid sales or clicks to our application. The payment of commission for any sale through the affiliate link placed at your website shall only be applicable once we approve your affiliation application.

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(b)  The advertisement of our services on your website shall be done via:

· Text links, widgets, graphical banners, or other affiliate linking tools on your site;

· Text links, graphical banners, or other affiliate linking tools in solicited messages via electronic messaging systems or other media.

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4.   AFFILIATE RESPONSIBILITIES

4.1.   As a member of Our Affiliate Program, you understand and agree that:

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(a)  The affiliate must not promote our services in a manner that contains any form of misleading, defamatory, illegal activities, or any other content deemed offensive by us.

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(b)  The affiliate must not Cause damage to the brand name of the company through the advertisement.

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(c)   The affiliate must not promote our services in a manner which would encourage a user to sign up for the purpose of engaging in any illegal activity.

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(d)  The affiliate must not post any material which will infringe any copyright, trademark, or any other intellectual properties right.

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(e)  We may change Our terms, rules, policies, and operating procedures at any time, as further described in Our Terms of Use and Our other terms as We may post from time to time.

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(f)    You will not use our company name or variations of our company name in your Domain Names or Social Media pages: You may not register or purchase domain names that include our company’s name or any misspellings or variations of our company name to run promotions as an affiliate. Additionally, you may not include Our Company name, variations of Our company name, or the look and feel of Our own social media pages on any social media pages (i.e. Facebook Fan Page) where You run promotions as an affiliate.

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(g)  You may not promote our content on a website that contains any form of misleading, defamatory, obscene, illegal, bigoted, pornographic or any other content deemed offensive by Us.

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(h)  You will not mimic our media and content: Publishers must make sure that his or her media does not copy or resemble the look and feel of our application or create the impression that your media is part of our company's application. You also understand that using the language found on our pages verbatim is not allowed unless it is to describe the content found on any given course landing page.

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(i)    You will not use spyware, malware, virus and the like: or any software application not expressly and knowingly authorized by users prior to being downloaded or installed on their computer or other electronic device.

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(j)    You will be open and honest about your relationship to us: You may not misrepresent or embellish the relationship between you and us or imply any relationship or affiliation between you and us or any other person or entity except as expressly permitted by this affiliate Agreement. You may not represent yourself as an agent or employee of our company or represent that you have the authority to bind us to a contract.

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(k)  The Affiliates represent to understand the following:

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4.2. The affiliate shall not indulge in unsuitable participation in the Program which includes:

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a)     Spam. Spam is the use of electronic messaging systems to send any unsolicited bulk messages, whether commercial or non-commercial. The term”spam“is applied to similar abuses in other media: messaging spam, instant messaging spam, search engine spam, internet forum spam, social networks spam, spam in blogs, etc. If you run a newsletter, or any kind of bulk messaging service or software, you must have evidence that people signed up to receive messages from you.

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b)     You are not allowed to use cookie-stuffing techniques that set the affiliate cookies without the referred visitor’s knowledge or generate hidden and fake clicks of your affiliate links. Using such fake clicks will result in the suspension of the affiliates account.

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c)      .You may not transfer ownership or sell your affiliate account to another party without the prior agreement with us. 

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4.3. All the online and printed marketing materials regarding our scheme and plan should be first approved by us;

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4.4.The Affiliate shall be solely responsible for maintaining the confidentiality of its bank account details, login details at the portal and the Company shall in no case be liable for any hacking of the accounts, takeover of the account due to sharing of the details of the account with any unauthorized party.

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5.   COMMISSION‍

I.            To be eligible to earn a commission for a sale to be eligible to earn a commission, the customer must click-through an affiliate link of our application placed on your site and complete a purchase on our application.

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II.            You will earn a commission for every lead that converts to a sale when processed through your affiliate link according to the affiliation schedule mentioned on our application.

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III.            The commission structure is flexible and may be set at a higher rate for certain affiliates depending on sales volume. We reserve the right to disqualify commissions earned in violation of this Agreement.

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IV.            Commission fees will be paid within 15 business days after the close of each calendar month for the commissions earned during the preceding calendar month.

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V.            If you earn less than $50 during a calendar month, the commission fee will be rolled forward to the next calendar month, until the balance owed is greater than $50. You must have a PayPal account in order to be paid, unless you are approved by us for an alternative means of payment. We support direct wire transfer payments for commissions exceeding $1,000 per month.

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VI.            If you have not earned any referral fees (as set in Referral Fees Schedule) or haven’t logged into your affiliate account within the 12 months period prior to any given month, then we may close your account, terminate this Agreement and withhold any unpaid commissions.

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VII.            We reserve the right to suspend or withhold commission payments to affiliates who are in violation of the terms of this Agreement, but with whom we have opted to not terminate, and instead provide a reasonable period of time to repair the violation.

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6.   LICENSES

(a)   You hereby grant us a non-exclusive, non-transferable, revocable right to use Your names, titles, and logos in the advertising, marketing, promoting, and publicizing in any manner of Our rights under these Affiliate Terms. However, We are under no obligation to advertise, market, promote, or publicize.

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(b)   We both agree not to use the other's proprietary materials in any manner that is disparaging or that otherwise portrays the other in a negative light. We each reserve all of our respective rights in the proprietary materials covered by this license. Either one of us may revoke this license at any time by giving the other written notice ending our engagement under these Affiliate Terms and Your Affiliate status. Other than the license granted in these Affiliate Terms, we each retain all right, title, and interest to our respective rights and no right, title, or interest is transferred to the other.

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7.   DISCLAIMER

Services, information, and other content available from or through the application are provided “as-is,” “as available,” and all warranties, express or implied, are disclaimed. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties express or implied, including, but not limited to, that any service or information available from or through our site, or our service itself will be merchantable or fit for a particular purpose, that any service or information available from or through our site, affiliate linking system or our site itself will be uninterrupted or error-free, that defects will be corrected, regarding correctness, accuracy, or reliability, or against interference with your enjoyment of the service or information, or against infringement. All “information” and services provided in the course of this Agreement are provided with all faults, and the entire risk as to satisfactory quality, performance, accuracy, and effort are with you as the user. The negations of damages set forth above are fundamental elements of the basis of the bargain between us and you. The information and other content available from or through our site, and our site itself, would not be provided without such limitations.

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8.   LIMITATIONS OF LIABILITY

We will not be liable to you with respect to any subject matter of these affiliate terms under any contract, negligence, tort, strict liability, or other legal or equitable theory for any indirect, incidental, consequential, special, or exemplary damages (including, without limitation, loss of revenue or goodwill or anticipated profits or lost business), even if you have been advised of the possibility of such damages. We have no liability whatsoever for your use of any information or other content available from or through our app, our affiliate linking system, or our app itself.

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9.   INDEMNIFICATION

You agree to indemnify and hold harmless our Company and sister concerns and its employees, representatives, agents, and affiliates, against any and all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from your breach of these Affiliate Terms. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by Us in connection with or arising from any such claim, suit, action, or proceeding.

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10.   TERMINATION

Either party can terminate its engagement under the present Agreement with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax.

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11.   MODIFICATION

From time to time, we may update these Terms to clarify our practices or to reflect new or different practices, for example we may change the scope Referral Specifications or Referral Materials, and we reserve the right in our sole discretion to modify and/or make changes to these Affiliate Terms at any time. If we make any material change to these Affiliate Terms, You will automatically receive an email notifying you that changes were made and prompting you to agree to our new Affiliate Terms. Modifications will become effective on the day they are posted unless stated otherwise. If any modification is unacceptable to You, Your only option is to end your participation in the Affiliates Program.

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12.   MISCELLANEOUS

12.1.  You represent and warrant to Us that:

(a)  These Affiliate Terms constitutes Your legal, valid, and binding obligation, enforceable against You in accordance with the terms and conditions set-forth herein;

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(b)  You have the full right, power, and authority to accept and be bound by these Affiliate Terms and to perform Your obligations under these Affiliate Terms, without the approval or consent of any other party;

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(c)   You have sufficient right, title, and interest in and to the rights granted to Us in these Affiliate Terms; and,

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(d)  YOU HAVE READ AND TAKEN INTO ACCOUNT THE LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER PROVISIONS OF THESE AFFILIATE TERMS PRIOR TO ACCEPTING THESE AFFILIATE TERMS.

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(e)  Independent Contractors. Each of us shall be deemed to be independent contractors with respect to the subject matter of these Affiliate Terms, and nothing contained in these Affiliate Terms shall be deemed or construed in any manner as creating any partnership, joint venture, employment, agency, fiduciary, or other similar relationship. You will not make any statement, whether on your site or otherwise, that contradicts or may contract anything in this paragraph.

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(f)    Assignability. You may not assign Your rights or obligations under these Affiliate Terms to any party, and any attempt to do so will be void and without effect. We are free to assign these Affiliate Terms.

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(g)  Governing Laws. These Affiliate Terms shall be governed by the laws of the United States of America and the courts at Minnesota shall exclusive jurisdiction to deal with the legal matters concerning the present Agreement.

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(h)  You may not amend or waive any provision of these Affiliate Terms unless in writing and signed by both of us.

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(i)    Entire Agreement. These Affiliate Terms represent the entire agreement between Us and You, and shall supersede all prior agreements and communications between us, oral or written.

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(j)    Headings and Titles. The headings and titles contained in these Affiliate Terms are included for convenience only, and shall not limit or otherwise affect the terms herein.

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(k)  Severability. If any provision of these Affiliate Terms is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the both of us is effectuated, and the remainder of these Affiliate Terms shall have full force and effect.

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(l)    Language: The terms are published in the English language and you shall be solely responsible to get it translated in the language of your choice.