The Affiliate Program Agreement
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
Last Revised: 2020-10-26 13:54
This Affiliate Program Agreement (this "Agreement", "Affiliate Agreement", "Affiliate Terms and Conditions") is entered into by and between BitDegree, UAB ("BitDegree") 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 Affiliate Program (the "Affiliate Program" or the "Services") and is an internal part of www.bitdegree.org (this “Site”) website general Terms and Conditions. Your electronic acceptance of this Affiliate Agreement signifies that you have read, understood, acknowledged, and agreed to be bound by this Agreement, along with BitDegree's General Terms Of Service Agreement, which is incorporated herein by reference. The terms "we", "us", or "our" shall refer to BitDegree. The terms "you", "your", "User", "customer", or "Affiliate" shall refer to any individual or entity who accepts this Affiliate Agreement. Nothing in this Affiliate Agreement shall be deemed to confer any third-party rights or benefits. BitDegree, 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 Site. You acknowledge and agree that (i) BitDegree 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 Affiliate Agreement as last revised. If you do not agree to be bound by this Affiliate Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site. In addition, BitDegree may occasionally notify you of changes or modifications to this Agreement by email. Therefore, it is very important that you keep your account ("Account") information, including your email address, current. BitDegree 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or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.
2. PARTICIPATION IN THE AFFILIATE PROGRAM
To become a ("BitDegree") affiliate, you need to sign up via the BitDegree platform and generate main affiliate metrics, like clicks and referrals.
3. YOUR RESPONSIBILITIES
As a ("BitDegree") Affiliate you agree that:
It is your full responsibility to provide us with accurate account information, and it is your responsibility to keep that information up to date. Such information includes, but is not limited to: contact details, payment details, tax information, all website URL(s) where ("BitDegree") is promoted, promotional means and practices, and any other details we may request. ("BitDegree") reserves the right to request any additional information about each website, where ("BitDegree") is promoted and any additional information about the practices used to promote ("BitDegree") on those websites. If, by any means, you fail to provide the requested data or the data is not accurate, it may result in exclusion from the Affiliate Program, temporary suspension or termination of your Affiliate account, and loss of any commissions.
The Affiliate must act just in good faith and refer clients in good standing. Clients in good standing are your referred users (students or affiliates) that have provided valid contact information, have active accounts that do not exceed any limitations as per the ("BitDegree") Terms of Service, and are not flagged for high fraud risk.
You should not make any recommendations or take any actions that would result in a potential revenue loss for ("BitDegree").
You should not use any marketing practices that may attract Clients that are not in good standing.
You should not act in your own will as per modifying, copying, or altering any banners, icons, graphics, or any other content that is contained in ("BitDegree")’s Links, including but not limited to altering and modifying any copyright or trademark notices, without prior written approval from ("BitDegree").
You shall not use self-referral methods; you can’t click on your affiliate links and/or banners and make orders via your unique affiliate link. Matching IP addresses used for logging in to the Affiliate panel and making the purchase will be considered self-referral, and no exceptions will be made. Violations can result in the loss of all accrued Rewards and dismissal from the program.
You are obligated to follow all applicable intellectual property and other laws that are associated with your site. You must obtain permission to use another person’s copyrighted material, of whatever form it might be. Only you will be responsible if you use another person’s material that is copyrighted or other intellectual property in a way that violates the law or any third party’s rights.
The Affiliate should not engage in any blackhat SEO/spam link building techniques in order to generate more referrals for ("BitDegree").
When listing your address for check and/or gifts/prizes receiving, you must state your actual physical address. You must not engage in avoiding network demographics by using mail forwarding services. You must be in the country you listed as your country.
You agree not to violate any applicable law.
You should be loyal to ("BitDegree") and should not misuse its confidence and shall not damage ("BitDegree") reputation.
You cannot advocate, promote, or encourage violence or discrimination against any person, organization, or governmental entity.
We advise affiliates to follow the guidelines and endorsements of the Federal Trade Commission (FTC). Endorsements, reviews, and testimonials on BitDegree’s products, services, and relationships between other types of content websites and BitDegree must be disclosed on a separate affiliate site’s policy. According to the Federal Trade Commission, “when there exists a connection between the endorser and the seller of the advertised product,” such connection must be “fully disclosed”. We strongly advise you to abide by the rules of FTC. We have the right to discontinue our relations with ineligible affiliates.
If ("BitDegree") suspects or detects patterns of violations of the Affiliate Terms and Conditions ("BitDegree") reserves the right, as a result of Terms and Services violation, to suspend and/or terminate your Affiliate account and cancel all commission payments due.
4. AFFILIATE ADVERTISING
Only promotional materials that are approved by ("BitDegree") may be used in the Affiliate’s Site in order to advertise ("BitDegree"). Approved promotional materials refer to the materials that are provided in your Affiliate Area. Approved promotional materials may contain ("BitDegree") trademarks, service marks, logos, and slogans for you to display on your Affiliate Website. By signing this agreement, we grant you a non-exclusive, limited, and non-transferable license to access, download, and place the approved promotional material on your website with the sole purpose of promoting websites operated, controlled, and owned by ("BitDegree").
If by the decision of any party the Affiliate Agreement is terminated, upon termination, your non-exclusive, limited, and non-transferable license to access, download and place the approved promotional materials of ("BitDegree") will be immediately and automatically withdrawn.
Inappropriate ways of advertising include, but are not limited to:
Usage of any illegal and/or spam method of advertising, such as unsolicited email, unauthorized placing of the link in forums, newsgroups, message boards, etc.;
Bidding on keywords and phrases containing the "("BitDegree")" trademark, or variations or misspellings of the trademarked term on Pay-per-Click or Pay-per-Impression campaigns on search engines (Google, Yahoo, MSN, Ask, Bing or others) without our prior approval. You are not allowed to use the ("BitDegree") Website(s) as display URL in PPC ads and to direct-link or redirect to the ("BitDegree") Website(s);
Using non-unique copyright infringing content to promote ("BitDegree");
Using traffic generated by pay-to-read, pay-to-click, banner exchanges, click exchanges, PPV advertising, pop-up/under, or similar methods;
Providing cashbacks, rewards, or any other kind of incentives to obtain the sale without our prior approval;
Offering price savings methods, including coupon(s), voucher(s), discount codes, or added value offers without our prior approval;
Using our advertising and promotional materials, trademark or name in a way which negatively affects our image;
Using iframes or any other techniques or technology that places your affiliate tracking cookie in any means other than an actual click-through;
Using link cloaking or masking techniques or technology with the goal to promote ("BitDegree") on websites and/or networks not explicitly listed in your affiliate profile and hiding that traffic source.
Your website(s) must NOT contain offensive, obscene, illegal, or pornographic material or any other material deemed objectionable. This includes, but is not limited to, bigotry, hatred, pornography, satanic materials, trademark and copyright materials, all content of an adult nature, etc. The declaration of any materials as such is subject to our reasonable opinion.
Your domain name(s), company name, logo, trademark, product(s), project(s), service(s) must NOT contain keywords and phrases containing the ("BitDegree")" trademark or any other variations or misspellings confusingly similar to ("BitDegree") trademark, name, logo or domain name, without our prior approval.
Your domain name(s), company name, logo, trademark, your product(s), project(s), service(s) must NOT contain keywords and phrases that contain or are confusingly similar to third-party trademarks, names, logos, or domain names unless the trademark owner has duly authorized you.
("BitDegree") shall have the sole right to decide if a promotional method you use is appropriate. The use of any advertising method that we consider inappropriate may result in a warning, suspension, or termination of your affiliate account and cancellation of all outstanding commission payments due.
If you or a third-party gains knowledge of unlawful or inappropriate content according to the foregoing provisions, BitDegree requests to report the violation via the contact or email [email protected] BitDegree will examine the content immediately upon receipt of such notice.
5. AFFILIATE COMPETITIONS
By agreeing with the Terms of Service, you agree to automatically take part in any upcoming competitions, lotteries, and events of the same sort where no additional fees are required.
If some kind of abnormal activity is noticed (like huge and/or sudden increases in any kind of unique affiliate metrics and data) and possible scam activities are detected, BitDegree has a right not to issue any kind of payments, as well as to deduct payments previously made, and to terminate an affiliate account associated with such activities when felt needed, with no additional explanations or notice.
Your participation in the competition is subject to you providing BitDegree with your personal information. Simply joining any affiliate competition by BitDegree does not entitle you to win any prizes or gifts.
As a participant, it is your responsibility to ensure that any information you provide regarding competition is accurate and up to date.
In the Competition, to be held as an active referral, a referred student has to have a verified email address, cannot be a self-referral, and has to have ("BitDegree") online courses finished. An active referred affiliate has to have a verified email address, cannot be a self-referral, and has to have clicks and referrals generated.
The winners of the Competition are declared in the first few weeks of a month. BitDegree reserves the right to extend the winner selection time with no limitations, and you agree to give up any expectations or complaints regarding the winner selection matter.
The gifts and prizes won in the Competition by affiliates have to be redeemed in order to be sent to the respective winners of those prizes and gifts. Affiliates have to redeem the prizes or gifts they have won in their BitDegree platform profile in a period of 30 days. If the affiliate, for whatever reasons, is not able to redeem the gift or a prize in the given period of time, the gift/prize becomes expired and no longer redeemable.
We process/send out gifts/prizes, BDG tokens, or any other form of incentives earned in the Competition in the period of at least 35 days in the first few weeks of the month. BitDegree reserves the right to extend this time frame with no limitations and you agree to give up any expectations or complaints regarding this matter. The withdrawal of earned BDG tokens can only be made when the affiliate reaches the minimum withdrawal value of 16,250.00 BDG tokens.
BitDegree will not be held accountable for any expenses which you incur during or for purposes of your participation in a competition, as well as acceptance and/or use of a prize or and/or gift, other than included in the prize itself. BitDegree will also not be held accountable for the won prize/gift’s physical state upon its arrival.
Prizes and gifts are not transferable and cannot be changed or exchanged for cash or other prizes and/or gifts, unless upon personal agreement with BitDegree as well as if the promised gift/prize is out of stock. In cases of such sort, the gift/prize may be changed, or its value may be paid in cash if requested.
BitDegree reserves the right to cancel, vary, suspend or postpone the competition as well as any gifts and/or prizes. In the event of such sort, you agree to give up any rights and expectations that you may have in terms of the competition.
If you fail to comply with the BitDegree competitions Terms of Service, then BitDegree may disqualify you from the competition, and if you have already won, you will bereave the prize. BitDegree also reserves the right to hold you accountable for any loss or damage made to BitDegree as a result of your non-compliance, including all its legal costs which may be incurred in taking any steps in accordance with your non-compliance.
6. AFFILIATE TRACKING COOKIES
We track affiliate sales automatically by using cookies. The cookies are automatically placed in the browser of a user who clicks on the affiliate link in order to reach our website. Every cookie is stored for the period of a session during which a user should register on the website. If a previous affiliate’s cookie is already placed in the same user’s browser, it will be overwritten with the new cookie. If cookies are deleted intentionally by the user, ("BitDegree") does not hold responsibility for this action.
7. AFFILIATE COMMISSIONS
("BitDegree") pays you a per-sale commission for every valid sale that you refer to our website. The sale is valid only if ALL of the following conditions are true:
The sale was made due to your referral efforts;
At the time the order was made, the referred client had an active cookie which indicated you as the last affiliate who has referred the client to our website, and the client hasn’t reached ("BitDegree") website through a search engine with a string that does not contain ("BitDegree") name;
Your referred customer made a purchase no later than 60 days from the customer registration date, the client does not object, and we do not have any information about any other channel’s attribution to the sale;
Your referred client has not bought our product before and has not signed up for an affiliate account with us before;
The customer completed the order process themselves without your additional help;
The sale made is for any of our online courses. Sales that were made for additional account features or other services do not qualify for commissions.
If the sale is for ("BitDegree") online courses, you will receive a 30% (thirty percent) commission. Any applicable taxes, fees, additional services are excluded. We reserve a right to change the commission amount at any time.
The sales made of online courses accounts that are suspended by ("BitDegree") or cancelled by the client for any reason do not qualify for an affiliate commission.
The sales made of online courses accounts that are created or canceled by you do not qualify for an affiliate commission.
The initial order renewal payments and any related/additional service payments of the referred customer are fully processed and are not subject to refund or chargeback.
("BitDegree") remains the right to mark any referral payment as invalid at our own discretion without providing any explanation or justification.
8. COMMISSION PAYMENTS
Any commissions generated will take on the "pending" status until they are reviewed and approved or not approved in the period of at least 35 days from the day that the sale was made. ("BitDegree") remains the right to extend the holding period without prior notice for as long as it is reasonably necessary in order to validate a sale or as described in Terms and Conditions of this Agreement.
Any commissions generated by promoting a product that is not yet launched will be reviewed and approved or not approved in the period of at least 35 days after the product launch.
We process commissions in the period of at least 35 days in the first few weeks of the month and in the minimal value of $75 after the affiliate requests for a withdrawal via the affiliate platform. Affiliate commissions are paid out via PayPal, and you are solely responsible for any transaction fees that may apply, unless you have a custom Affiliate Agreement with ("BitDegree") in writing.
If You promote a product that is not yet launched, we will process commission in the period of at least 35 days after the product launch.
You are fully responsible for keeping ALL your account details and personal information, such as name, email address, payment information, etc., up to date. If your personal/account details are not up to date, we will suspend any commission payouts until we’re provided with accurate information. Suspended commission payouts can be claimed in a period of six months from the original date they were supposed to be claimed.
Your commissions may be suspended at any time and for any period if any fraudulent or improper activity of any kind is suspected or a potential violation of this Agreement by your referred clients or you are suspected.
For any sales that are questionable, fraudulent, or cancelled, ("BitDegree") reserves the right to deduct from your future and current commissions paid out. In case no future or current commissions are due, ("BitDegree") will send you a bill for the balance of the refunded purchase upon the termination of the program or termination of the referred client account.
You are obligated to pay taxes on your income according to the tax laws applicable to you.
You must present full and proper tax documentation to ("BitDegree"). In case You don’t present full and proper tax documentation, ("BitDegree") may withhold your fee payment.
If the sale is for BitDegree services, you will receive a 30 (thirty) % Commission. Any applicable taxes, fees, additional services are excluded. (Example: a client bought a Course and paid 99 USD (taxes included). Here’s how your Commission will be counted: ($99 - $17.18 (VAT 21% (depends on the country) * 30 % = $24.55). In total, you will receive 24.54 USD Commission.) We retain the right to change the Commission structure and the method of calculation of the Commission at any time.
The distribution of a Course on the Platform is not subject to value-added tax (VAT). If you issue a VAT invoice to ("Bitdegree"), the VAT shall be deducted from your fee. You shall indemnify and hold harmless ("Bitdegree") against all claims by any tax authority for underpaid VAT and any related penalties and/or interest.
9. RELATIONSHIP OF THE PARTIES
Both the Affiliate and ("BitDegree") agree that they are entering into this Affiliate Agreement as independent contractors, and this agreement creates no partnership, agency franchise, joint venture, sales representative, or employment relationship between them. You have no authority to accept or make any representations or offers on behalf of ("BitDegree"). You cannot make any statements on your website, or otherwise that would contradict anything in this section.
10. ACCOUNT TERMINATION
You can cancel and terminate your affiliate account at any time by contacting us via the contact form or email [email protected] ("BitDegree") will send you a confirmation that your account has been terminated, as requested.
("BitDegree") can terminate an affiliate account:
With a seven-day prior notice without providing any explanation;
Immediately without any prior notice, if your affiliate account or you violate the Affiliate Program Terms and Conditions.
After an affiliate account is terminated, the sales associated with the affiliate will no longer be tracked by us, and you will no longer qualify for any future commissions. If any commissions are due at the time of termination, they will be paid to the Affiliate after any applicable holding period with the regular payout cycle. No outstanding commission payments will be due if your account is terminated due to the violation of these Terms and Conditions, and an administrative fee of 125 USD will be due by the Affiliate.
Once the Affiliate account is terminated, the Affiliate is obliged to remove any and all promotional materials, links, logos, trademarks, and slogans of ("BitDegree") from their website within the period of 3 business days. This provision survives the termination of the Affiliate Agreement. Upon the termination of this Affiliate Agreement, the Affiliate no longer has the right to use any of ("BitDegree") trademark(s), logo(s), and slogan(s) and will refrain from any actions that may affect the reputation, the image and any business relations with current and potential clients of ("BitDegree"), directly or indirectly.
Once the Affiliate account is terminated, this Affiliate Agreement is terminated automatically.
11. LIMITATIONS OF LIABILITY
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT, UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, HOLD US OR OUR LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE TO YOU IN THE AGGREGATE WITH RESPECT TO ANY AND ALL BREACHES, DEFAULTS, OR CLAIMS OF LIABILITY UNDER THIS AGREEMENT OR UNDER ANY OTHER DOCUMENT FOR AN AMOUNT GREATER THAN THE FEES ACTUALLY PAID BY YOU TO US DURING THE ONE MONTH PERIOD PRECEDING A CLAIM GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU AGREE THAT IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
This provision survives the termination of the Affiliate Agreement.
12. GOVERNING LAW
Any controversy, claim or dispute arising under this Affiliate Agreement will be resolved according to the jurisdiction and legislation of Republic of Lithuania.
13. DATA PROTECTION
You (the affiliate) warrant, covenant, and represent to BitDegree that You will consent to the laws of privacy and data protection, as well as the rules and regulations consent to the use of the Services. You must set up and maintain physical, procedural, and electronic safeguards, including codes, intrusion detection systems, keycards, user names, encryption software, and passwords, to prohibit copying, modification, unauthorized access, transference, destruction, loss, or any kind of deformation of personal identifying information, including a name of a person, telephone number, address, age, social security number, email address, credit or debit card number, IP address, and any other personal identification information. Where it is obligated by the law which requires concurrence for BitDegree served cookies, You guarantee that you will derive the former, given freely, informed and specific agreement of Visitors to any served cookies by BitDegree on the Visitor as a result of a click made.
14. CHANGES TO THE AFFILIATE PROGRAM TERMS
We remain the right to change any policies or terms of this Affiliate Agreement. The amendments and/or supplements of the Agreement are effective immediately upon being posted to ("BitDegree") website. The current Terms and Conditions of the Affiliate Agreement are always available publicly on ("BitDegree")’s website. If, by any means, you do not agree with the amendments and/or supplements of the Affiliate agreement, you can cancel your account within 30 calendar days, counting from the date of the amendments and/or supplements. Only an official ("BitDegree") officer has the right to make any amendments and/or supplements to this Affiliate Agreement. No agent of or person employed by or under contract with ("BitDegree") has any authority to alter or vary this Affiliate Terms and Conditions Agreement in any way. No oral explanation or oral information given by any party shall alter the interpretation of this Affiliate Agreement.