Affiliate Terms and Conditions

Affiliate Programme Terms and Conditions

FOREWORD

 

Our affiliates are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. We have written the following affiliate agreement with you in mind, as well as to protect our company’s good name. So please bear with us as we take you through this legal formality.

 

If you have any questions, please don’t hesitate to let us know. We are strong believers in straight-forward and honest communication. For quickest results please email us at info@epic-training.com.

 

Best regards,

 

EPIC Training Affiliate Team

 

SCHEDULE 1

The current affiliate commission fees are in the table below. All commissions are calculated before taxes are applied.  All affiliates start at Bronze Level.

 

Tier

Commission Rate

Current course fees with commission applied

 

%

£40.00

£99.00

£199.00

£399.00

Bronze Level

5.00

£2.00

£4.95

£9.95

£19.95

Silver Level

7.50

£3.00

£7.43

£14.93

£29.93

Gold Level

10.00

£4.00

£9.90

£19.90

£39.90

 

Sales required per month to access higher commission tiers:

Bronze Level = 1 – 10

Silver Level = 11 – 20

Gold Level = 21+

 

Commission is paid monthly in accordance to the number of sales made. The number of sales made will determine the level of commission paid.

 

 

AFFILIATE AGREEMENT

PLEASE READ THE ENTIRE AGREEMENT.

 

This is a legal agreement between you and EPIC Training Ltd.

 

BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.

 

1. Overview

The purpose of the EPIC Training Ltd. affiliate programme is to allow linking between Affiliates web sites and the EPIC Training Ltd. online course shopping cart so they can be rewarded financially for any new customers that purchase EPIC Training courses.

 

This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in EPIC Training Ltd.’s Affiliate Programme. Please note that throughout this Agreement, “we,” “us,” and “our” refer to EPIC Training Ltd., and “you,” “your,” and “yours” refer to the affiliate.

 

2. Definitions

  • "this Agreement" shall mean the contents of the contract between EPIC Training Ltd. and the Affiliate in respect of the Programme.
  • "EPIC Training Ltd." shall mean EPIC Training Limited (09700432), whose registered office is at 147A High Stret, Waltham Cross. EN8 7AP. UK.
  • "the Site" shall mean the Refersion website.
  • "the Programme" shall mean the affiliate Programme as set out on the Site and that is governed by this Agreement.
  • "the Link" shall mean the HTML link provided from time to time by EPIC Training to link the Affiliate's website to the Site.
  • "the Affiliate" shall mean the party who agrees to take part in the Programme.

 

3. Governing Law

3.1. This Agreement is governed by, and is construed in accordance with the laws of England and Wales.

 

3.2. The Courts of England and Wales shall have jurisdiction to hear any disputes arising from this Agreement.

 

3.3. EPIC Training Ltd. shall not be liable for the legality of EPIC Training Ltd. service in countries other than the United Kingdom.

 

3.4. Affiliates are solely responsible for the legality of the use of the service if the Affiliate in question is registered to EPIC Training Ltd. service from a country other than the United Kingdom or if the Affiliate's website is on a server in a country other than the United Kingdom.

 

4. Affiliate Obligations

4.1. To begin the enrolment process, you will complete and submit the online application at the Refersion server. The fact that we auto-approve applications does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Programme, including if it:

 

4.1.1. Promotes sexually explicit materials

 

4.1.2. Promotes violence

 

4.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age

 

4.1.4. Promotes illegal activities

 

4.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law


4.1.6. Includes “EPIC Training” or variations or misspellings thereof in its domain name


4.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.


4.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our programme.

 

4.2. Affiliates are not permitted to:

 

4.2.2 Make any misrepresentation of EPIC Training of its products or services

 

4.2.3 Combine any affiliate programme with a ’Host a Course‘ commission scheme.

 

4.2.3 Make any false claims, representations or warranties in connection with EPIC Training

 

4.2.4 Use the affiliate scheme to gain discounts for courses they intend to take themselves

 

4.2.5 Use a third party to use the affiliate scheme to gain discounts for courses they intend to take themselves

 

4.3. As an Affiliate you agree to:

 

4.3.1 Comply with all applicable EU- and national laws and regulations in force from time to time this shall include, but not be limited to, the EU-directive 2002/58/EC

 

4.3.2 The payment of all tax and national insurance payable on any payments made to you by EPIC Training

 

4.3.3. Ensure that your site and your products and services that you offer from your site comply with all applicable copyright, trademark, any intellectual property right, Data Protection, anti-spam or any other applicable law

 

4.3.4 Obtain permission to use another party's copyrighted or any other proprietary material

 

4.3.5 The development, operation and maintenance of the Affiliate's site and for all materials that appear on it. For the purposes of this Agreement this shall include but not be limited to, the technical operation of your site and all related equipment; the accuracy and propriety of materials posted on your site; and ensuring that materials posted on your Site do not violate or infringe upon the rights of any third party and are not libellous or otherwise unlawful or illegal. EPIC Training hereby disclaim all liability for all such matters

 

4.3.6 Affiliates also agree to indemnify and hold harmless EPIC Training, its parent company, sister companies, subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, expenses, and costs insofar as such arise out of or are based on, or in any way connected with this Agreement

 

4.4. As a member of EPIC Training’s Affiliate Programme, you will have access to Affiliate Account Manager. Here you will be able to review our Programme’s details and download HTML code (that provides for links to web pages within the EPIC Training web site) and banner creatives, browse and get tracking codes for our coupons and deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.

 

4.5. EPIC Training reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.

 

4.6. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.

 

4.7. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.

 

5. EPIC Training Rights and Obligations

5.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the EPIC Training Affiliate Programme.

 

5.2. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.

 

5.3. EPIC Training agrees to undertake the following obligations:

5.3.1. Provide all information necessary to allow the Affiliate to make necessary the Link from EPIC Training to the Affiliate's site

 

5.3.2. Process all orders for EPIC Training products or services placed by a referral following the Link

 

5.3.3. Track the number and amount of relevant sales generated through the Link

 

5.3.4. Provide information to you regarding commission payments

 

5.3.5. Credit card authorisations, payment processing, cancellations, returns, and all other related customer service for EPIC Training for the purpose of our business.

 

5.3.6. Establish the commission balance threshold, payment frequency and pay outs of earned commissions as contained in Section 8 of this Agreement

 

6. Termination

6.1. EPIC Training reserves the right to terminate this Agreement and your participation in the EPIC Training Affiliate Programme immediately and without notice to you should you commit fraud in your use of the EPIC Training Affiliate Programme or should you abuse this programme in any way. If such fraud or abuse is detected, EPIC Training shall not be liable to you for any commissions for such fraudulent sales.

 

6.2. Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.

 

7. Modification

We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and EPIC Training’s Affiliate Programme rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in EPIC Training’s Affiliate Programme following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.

 

8. Payment of Commission

8.1. EPIC Training uses a third party to handle all of the tracking and payment. The third party is PayPal. Kindly review PayPal’s payment terms and conditions.

 

8.2 Affiliates will only earn commission fees only with respect to activity on our site occurring directly through the Link that will appear on their website.

 

8.3. EPIC Training Ltd. is under no obligation whatsoever to pay any commission to any Affiliate who does not strictly follow this Agreement as published from time to time.

 

8.4. EPIC Training Ltd. reserves the right to take legal action against any Affiliate that commits fraud, or conspiracy to defraud and to recover any commissions paid to an Affiliate which was earned as a result of such fraud. For the purposes of this agreement fraud shall include but not be limited to wittingly violating the terms of this Agreement.

 

8.5. EPIC Training Ltd. will only make a payment to the Affiliate when the level of commission due at the end of a given calendar month is above the commission balance threshold.

 

8.6. The commission balance threshold for the purpose of this agreement is £30.

 

8.7. EPIC Training Ltd. reserves the sole right to change the commission balance threshold at any time it sees fit without the prior the consent of its affiliates. In the event of a commission balance threshold change EPIC Training Ltd. shall notify all its affiliates of the change beforehand. If any modification to the commission balance threshold or the Agreement as a whole is not acceptable to an Affiliate, the Affiliate shall be entitled to terminate this Agreement. If an Affiliate terminates this Agreement for any reason whatsoever then it shall not be entitled to any commission payments earned after it has terminated this Agreement.

 

8.8. The Affiliate's continuing participation in the Programme constitutes its acceptance of any change to the commission balance threshold or to any other part of this Agreement.

 

8.9. Affiliates that exceed the commission balance threshold will automatically be sent a cheque each month. Affiliates that do not exceed the commission balance threshold can apply their balance as credit and use it for the renewal of their EPIC Training Ltd. accounts or use this credit to purchase new EPIC Training Ltd. products or services.

 

8.10. Affiliates that do not reach the £30 commission balance threshold in one calendar month will not lose their accrued commission; instead this commission can be used as a credit. Their accrued credit for that particular calendar month will be carried over and applied to the next calendar month, this process shall continue until the client reaches the commission balance threshold when they will be entitled to receive a payment from EPIC Training Ltd.

 

8.11. EPIC Training Ltd. will only pay out commissions on sales that are 50 days old.

 

8.12. Commissions for sales over 50 days old will be paid once the £30 threshold is reached.

 

8.13. All missing payments must be followed up within six months of the date of their issue. All payments due from missing PayPal payments that have not been brought to the attention of EPIC Training Ltd. within six months shall be deemed to have been forfeited by the Affiliate.

 

8.14. The rates of commission payable to the Affiliate from time to time shall be published on the Site and this shall be included in this Agreement as Schedule 1 to it. Schedule 1 may be amended or varied by EPIC Training Ltd. at any time without reference to the Affiliate. Any revised rates of commission payment shall take effect from the day that the amended Schedule 1 is published on the site.

 

8.15. Rates of commission are paid before taxes are applied.

 

9. Access to Affiliate Account Interface

You will create a password so that you may enter Refersion secure affiliate account interface. From their site you will be able to receive your reports that will describe our calculation of the commissions due to you.

 

10. Promotion Restrictions

10.1. You are free to promote your own web sites, but naturally any promotion that mentions EPIC Training Ltd. could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by EPIC Training Ltd. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote EPIC Training Ltd.  so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote EPIC Training Ltd. so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from EPIC Training Ltd.  If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the EPIC Training Ltd. Affiliate Programme. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.

 

10.2. Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as EPIC, EPIC Training, www.EPIC Training, IPSF, International Pole Sport Federation and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from EPIC Training Ltd.’s Affiliate Programme. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate programme without prior notice, and on the first occurrence of such PPC bidding behaviour.

 

10.3. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited EPIC Training Ltd.’s site (i.e., no page from our site or any EPIC Training’s content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non-affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of EPIC Training Ltd. site in IFrames, hidden links and automatic pop ups that open EPIC Training’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.

 

11. Disclaimer

EPIC Training MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING EPIC Training SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF EPIC Training ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

 

12. Limitations of Liability

WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL EPIC Training’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.

 

13. Indemnification

You hereby agree to indemnify and hold harmless EPIC Training Ltd., and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.

 

14. Confidentiality

All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

 

15. Miscellaneous

15.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and EPIC Training. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.

 

15.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.

 

15.3. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.

 

15.4. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.

 

15.5. 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.

 

15.6. If any provision of this Agreement 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 parties is effectuated, and the remainder of this agreement shall have full force and effect.

16. Acceptance

16.1 By submitting the online application form, the Affiliate acknowledges that they have read the terms and conditions of this Agreement, understand them and agree to be bound by them.

 

EPIC Training

The EPIC qualifications ensure that any individual who wishes to coach others in Pole Sports will do so in a knowledgeable, professional, competent and safe manner. 

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