This agreement contains the complete terms and conditions that apply to an individual's or entity's participation in TheLessonMachine.Com's affiliate program and establishment of links from your affiliate website to TheLessonMachine.Com's website. The headings and titles contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of this agreement. It is your responsibility to refer to this document from time to time so that you may be informed of any changes to the Terms and Conditions.
Enrollment in TheLessonMachine.Com Affiliate Program:
To become an affiliate of TheLessonMachine.Com, you must formally accept the terms and conditions within this document, and register your website / entity with us. TheLessonMachine.Com will evaluate your website / program / entity and notify you of your acceptance or rejection to TheLessonMachine.Com's affiliate program. TheLessonMachine.Com retains the sole discretion to accept or reject your application. We may reject your application as unsuitable for our program for any reason within our sole discretion. Reasons for disqualification include, but are not limited to the following: promotion of sexually explicit materials, promotion of violence or illegal activities, the violation of intellectual property rights, the promotion of discrimination based on race, gender, religion, nationality, disability, age, etc.
Establishing a Link:
You agree that you will cooperate fully with TheLessonMachine.Com and MTD Worldwide, Inc. to establish and maintain your link. To receive payment you must display on your site only those graphic or text elements approved / provided by TheLessonMachine.Com, and must not alter the code provided by TheLessonMachine.Com for insertion into your web pages. Altering the code provided by TheLessonMachine.Com may result in failure to trace qualified purchases linked from your site to TheLessonMachine.Com, which means you would not receive payment for them. TheLessonMachine.Com will provide you with all information necessary to allow you to make appropriate links from your site to TheLessonMachine.Com's website. You will be responsible for the placement of any graphic / text link elements.
Tracking and Reporting:
TheLessonMachine.Com will track the qualified purchases generated by your website. You may log in at any time to view the status of your account. Upon notice that your link is not tracking due to something within your control, you will be required to repair or fix the problem within one day of notice. TheLessonMachine.Com will allocate payouts and provide you with the data upon which your payout is based.
Compliance:
TheLessonMachine.Com has the right in its sole discretion to monitor your site at any time, and from time to time determine whether you are in compliance with the terms of this agreement.
Referral Fees and Payment:
As an affiliate, you will receive compensation / commission in the amount of 5% (five percent) of each qualified initial purchase generated through your web site. A qualified purchase is one which is not cancelled within 30 days of initiation. Payments are distributed in USD only. Processing fees may apply for international affiliates, and therefore, it may be necessary to adjust the minimum commission amount for the convenience of both parties.
Commissions shall be paid to affiliates once per quarter, provided the affiliate earns at least $25.00 in commissions for a given quarter. Any unpaid commissions earned in one quarter shall be paid in the next quarter in which the affiliate's account has reached or exceeded the $25.00 minimum. Upon termination of the agreement, commissions totaling at least $25.00 will be distributed. Lesser amounts may or may not be paid, at the sole discretion of TheLessonMachine.Com, depending on the reason for the termination of the affiliate program agreement.
Handling, postage, and processing fees, while minimal, will be deducted from the amount of the accumulated commission. The method of distribution is at the discretion of TheLessonMachine.Com. *Registration with the affiliate link program automatically registers you to receive our free monthly newsletter and free monthly product samples.
Licenses and Use of TheLessonMachine.Com Logos / Trademarks / Name:
TheLessonMachine.Com grants you a non-exclusive, non-transferable, revocable right to display TheLessonMachine.Com banners, logos, and other trademarks on your site solely in accordance with the terms of this agreement, to link to TheLessonMachine.Com website. You may not alter, modify or change the license material in any way. You are only entitled to use the license materials to the extent that you are a member in good standing of TheLessonMachine.Com affiliate program.
You shall not make any specific use of the above mentioned materials for anything other than the aforementioned agreement, without first submitting a sample of such use to TheLessonMachine.Com and obtaining the prior written consent of TheLessonMachine.Com. You agree not to use these materials in any manner that is disparaging or that otherwise portrays TheLessonMachine.Com in a negative light. TheLessonMachine.Com reserves all rights of these materials and may revoke a license at any time for any reason by giving you written notice.
You grant TheLessonMachine.Com a non-exclusive license to utilize your name, license / advertising materials to publicize, market, promote, or advertise in any manner, provided however, that TheLessonMachine.Com shall not be required to so advertise, market, promote or publicize TheLessonMachine.Com affiliate program / relationship.
Obligations Regarding Your Site:
You will be solely responsible for the development, operation and maintenance of your site and for al materials that appear on your site. Such responsibilities include, but are not limited to, the technical operation of your site and all related equipment and in ensuring that the materials posted on your site do not violate or infringe upon the rights of any third party and are not libelous or otherwise illegal.
You hereby agree that your site will not, in any way, copy or resemble the look and feel of TheLessonMachine.Com website. Nor will you create the impression that your site is TheLessonMachine.Com site or is part of the TheLessonMachine.Com site.
Term of the Agreement:
The terms of this agreement will begin upon the acceptance by TheLessonMachine.Com of your application, and will end when terminated by either party. Either you or TheLessonMachine.Com may terminate this agreement at any time, with or without cause by giving the other party written notice of the termination. You are only eligible to earn referral fees / commissions on sales occurring during the term, and referral fees earned through the date of termination will remain payable. TheLessonMachine.Com reserves the right to withhold your final payment for a reasonable time to ensure the correct amount is paid.
Modification:
TheLessonMachine.Com may modify any of the terms and conditions contained in this agreement at any time in its sole discretion. Any change in the modification of the terms and conditions of this agreement will be posted on TheLessonMachine.Com signaling a revised version of this agreement. Modifications may include, but are not limited to, changes in the scope of the available referral fees, referral fee schedules, payment procedures and other terms and conditions. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in TheLessonMachine.Com's affiliate program following the posting of a change notice or new agreement by TheLessonMachine.Com on our site will constitute binding acceptance of the change.
Relationship of the Parties:
Each party shall be deemed to be independent contractors with respect to the subject matter of this agreement, and nothing contained in this agreement shall be deemed or construed in any manner as creating partnership, joint venture, employment, agency, fiduciary or other similar relationship. You will be responsible for all owed taxes on "commissions" and will be sent any appropriate tax statements required by law. You will have no authority to make or accept any offers or representations on behalf of TheLessonMachine.Com. You will not make any statements whether on your site or otherwise that would reasonable contradict anything in this section.
Disclaimers / Limitation of Liability:
TheLessonMachine.Com makes no representation that the operation of its site will be uninterrupted or error free, and TheLessonMachine.Com will not be liable for the consequences of any interruptions or errors. You shall not make any warranties or representations to any third party regarding the services offered by TheLessonMachine.Com. TheLessonMachine.Com will not be liable for direct or consequential damage, or loss of revenue, profits, or data, arising in connection with this agreement.
Indemnification:
You hereby agree to indemnify and hold harmless TheLessonMachine.Com and its subsidiaries and affiliates, and their director, officers, employees, agents, shareholders, partners, members, attorneys and other owners against any all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs / expenses (including reasonable attorney's fees) , any and all of the foregoing hereinafter referred to as "losses".
Miscellaneous:
From time to time, certain nonprofit entities may wish to use our affiliate link program as a fund raising tool. Provided we are informed, TheLessonMachine.Com is open to these types of proposals. However, the use of SPAM in conjunction with these events is strictly prohibited, as it negatively impacts our corporate image. Any affiliate using SPAM, especially with regards to our affiliate link program will face agreement termination and other possible consequences.
The use of the affiliate program does not in any way serve as an endorsement for any particular program, website, or entity.
Click the save button once to sign up for the affiliate program and to acknowledge your agreement of these terms and conditions.