Affiliate Agreement

This Affiliate Agreement (“Agreement” or “Affiliate Agreement”) sets out the terms and conditions governing your application for, and (if accepted by us) participation in, the LearnSQL.com Affiliate Program (“Affiliate Program”). This Agreement is non-exclusive and does not prevent or restrict us from entering into the same or different agreement with any third parties.

This Agreement is entered into by Vertabelo SA, Filona 16, 02-658 Warsaw, Poland company (“LearnSQL.com”, “we”, “our”, “us”) and you ("Affiliate", “you” and “your”).

By applying to participate in the LearnSQL.com Affiliate Program, you are confirming that you have read this Affiliate Agreement and that you agree to all of the terms and conditions set out in it. If you do not agree to the terms in our Affiliate Agreement, please do not submit an application to us.

How the LearnSQL.com Affiliate Program works

Your application to the program must be approved by us. This usually happens within 2-3 business days.

If your application to use the LearnSQL.com Affiliate Program is accepted by us, you will be entitled to receive a credit if:

1. an individual (“User”) who is entitled to access and use our online education service ‘clicks’ directly on the unique affiliate link that we provide to you (“Affiliate Link”) and you have placed on your website, social media, or emails; and
2. that same User purchases any of our single SQL courses, SQL tracks or All Forever Plan within 45 days of first ‘clicking’ on that same Affiliate Link; and
3. that same User’s purchase completes successfully without any chargebacks or refunds.

Conversion

When all the above-mentioned actions have occurred and you comply with the terms of this Affiliate Agreement, the amount we will be able to pay you will be equal to 30% of the User’s successful payment (without any chargebacks or refunds).

In this Agreement, we refer to the above credit as a “Commission”.

You can monitor the performance of your affiliate activities using the tool dashboard. At the moment we are using Tapfiliate.

Commissions

Commission amounts may be changed by us at any time in our sole discretion. You are solely responsible for monitoring and determining if the Commission amount for an Affiliate Link you have placed on your website has changed or been discontinued.

Commission funds can be withdrawn when the total amount exceeds $ 200. We reserve the right to change this amount at any time. Continuation of the program will be cautious as acceptance of such a change. Payments will be made once a week, usually on Mondays.

You are responsible for any and all charges, fees, taxes, exchange rates, surcharges, and other expenses arising out of the Affiliate relationship with us including those incurred in order to receive any Commission.

At the moment, the only available payment option is PayPal. To receive a withdrawal of funds, you must have an account with this service. We may refuse any other payment options at our sole discretion.

The Commission is payable on receipts, not accrual basis, so if we do not receive any revenue from a Conversion, no Commission will be payable to you.

How to join LearnSQL.com Affiliate Program

To participate in our Affiliate Program, you must:

1. complete and submit the online application to participate in our Affiliate Program through our Affiliate platform(Tapfiliate.com); and
2. your application must be approved by us. It will be at our sole discretion. We reserve the right to re-evaluate your participation in our Affiliate Program at any time if we have reasonable grounds to suspect a breach of this Affiliate Agreement by you.

Your commitments

You represent that:

1. you have not, and will not, mislead us in any aspect of your Affiliate Program application; and
2. you will not; and your website, service, and correspondence do not (and will not) contain or incorporate any content or materials that (and/or in LearnSQL’s sole discretion are considered to):

• promote adult content, including without limitation any nudity, sexual terms and/or images of people in positions or activities that are excessively suggestive or sexual, or provocative images in violation of legislation in your local jurisdiction
• (including without limitation) be violent, obscene, defamatory, libelous, slanderous abusive, harassing, threatening, harmful, and/or otherwise unlawful;
• promote hate speech, whether directed at an individual or a group, and whether based upon (including without limitation) the race, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or the language of such individual or group;
• infringe (or assist others to infringe) any copyright, trademark, or other intellectual property rights or other rights of third parties (including without limitation of any intellectual property rights, rights of privacy, or rights of confidentiality); contain any misrepresentations; and/or violate any applicable laws, regulations or codes of practice;
• includes the name “LearnSQL.com” or variations or misspellings thereof in its domain name and as keywords in PPC campaigns;
• promote politically religious agendas and/or any known associations with hate, criminal and/or terrorist activities;
• promote gambling, including without limitation, any online casino, sports bets, etc.;
• contain software downloads that potentially enable diversions of commission from other affiliates in our Affiliate Program;
• make representations through code, designs, imagery, video, text, or otherwise, that makes your website resemble the LearnSQL.com website in a manner that leads anyone to believe that you are the LearbSQL.com Website, business, or a legal representative of LearnSQL.com in any way;
• offer rebates, coupons, or other forms of promised kickbacks to any third party from your Commission as an incentive;
• generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set ‘affiliate cookies’ unless in strict compliance with applicable data protection laws. Affiliate Links must direct users to the LearnSQL.com Website;
• imply that you are acting on our behalf;
• represent yourself, LearnSQL.com or your relationship with us in a false or misleading way; and/or engage distribute any unsolicited bulk email (spam) mentioning or referencing LearnSQL.com.

Further arrangements

You warrant that Converted Users will see coupon/deal/savings information and details before an ‘affiliate cookie’ is set (i.e. “click here to see coupons and open a window to the LearnSQL.com website” is NOT allowed);

Your websites will not have “Click for (or to see) Deal/Coupon” or any variation when there are no coupons or deals available, and the click opens the LearnSQL.com Website or sets a cookie. You understand that if this occurs you will be removed from our Affiliate Program immediately and without us having any liability to you;

You will not use misleading text on Affiliate Links, buttons, or images to advertise anything besides currently authorized deals to you. The commercial purpose of your marketing efforts must be clearly identifiable. You shall not disguise your affiliate marketing efforts as consumer recommendations or as similar non-commercial messages.

You will not bid in their pay-per-click campaigns on keywords referred to LearnSQL.com or any misspellings or similar alterations of these – be it separately or in a combination with any other keywords – this will be considered to be in material breach of the Affiliate Agreement.

You will not submit any so-called "Parasitic Software", "Parasitic Marketing", "Shopping Aid Apps", "Toolbar and/or Add-ons Installation", "Shopping Wallets" or "fraudulent pop-ups and/or or or pop-under "for consumers from the time the consumer clicks on the eligible link until the consumer has fully exited LearnSQL.com (i.e. no page from our site or any LearnSQL.com content or brand is visible on the user's screen) final). As used herein, "Pasositeware" and "Parasitic Marketing" means an application that:

1. 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;
2. 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 Internet search and directory engines (services referred here as examples include, but are not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot);
3. targets text on websites, other than those sites 100% owned by the application owner, for the purpose of contextual marketing; and/or removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on websites 100% owned by the owner of the application.

If we accept you into LearnSQL Affiliate Program, you will be granted access to the Affiliate Dashboard. Here you will have an option to monitor the details of our Affiliate Program.

You are solely responsible for any and all maintenance and information updates on your website.

You can only create, and use, one account in our Affiliate Program. Although you can list multiple domains within that one account, only one account is allowed.

Self-referrals for affiliate purchases are strictly prohibited. This means that you: will not be considered a User; cannot refer yourself using your Affiliate Link; will not receive any Commission for any purchases by you for your own use and such purchases will not be deemed a Conversion.

We reserve the right to remove Abandoned Affiliate Accounts from our systems if the balance in the Affiliate Dashboard is equal to $0 after a 6 month period of inactivity.

We reserve the right, at any time, to review your Affiliate Link placements. We may approve or disapprove the use of your Affiliate Links and require you to change their placement in order to comply with the terms of this Affiliate Agreement.

Failure to make the changes to your website that we feel are necessary within a reasonable time period will constitute a material breach of this Affiliate Agreement.

By participating in LearnSQL.com Affiliate Program, you also agree to the LearnSQL.com Terms of Service and acknowledge the LearnSQL.com Privacy Policy.

Term & Termination

The term of this Agreement will start on the date of our written acceptance of your application to participate in our Affiliate Program and will continue indefinitely unless terminated in accordance with this Agreement (“Term”).

LearnSQL.com may, in its sole and absolute discretion, cancel, change, suspend, or modify any aspect of the Affiliate Program at any time, without notice. The LearnSQL.com may, in its sole and absolute discretion, terminate or suspend your participation in the Affiliate Program immediately and without prior notice (and without any liability to you) for your breach of this Agreement or for any of your actions that are inconsistent with the intent of this Affiliate Program. If the Affiliate Agreement is terminated due to your fraud or abuse of the Affiliate Program in any way, you will not be entitled to, and we will not be liable to pay to you, any Commission after the effective date of the termination of the Affiliate Agreement.

LearnSQL.com reserves the right to modify this Agreement at any time, at its sole discretion, and without notice to you. If we modify this Agreement, we will post the modification on the Affiliate Dashboard or send you an email, with such modifications becoming effective upon posting. Continued participation in the Affiliate Program after any modification shall constitute consent to such modification. If any modification is unacceptable to you, please cease using our Affiliate Program immediately by closing your account with us.

You may terminate this Agreement at any time and without prior notice, by closing your account with us.

Grant of Licenses

During the time of participation in the LearnSQL.com Affiliate Program, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license to use our logos, trade names, trademarks, and similar identifying material expressly permitted by us in writing (collectively, the “Licensed Materials”).

You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of the Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of LearnSQL.com and the goodwill associated with it will inure to the sole benefit of LearnSQL.com. Other than the limited license granted in this section, LearnSQL.com and its suppliers retain all right, title, and interests to its e-learning platform and the Licensed Materials.

Limitation on 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 LEARNSQL.COM’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 COMMISSIONS PAID TO YOU UNDER THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHT OR REMEDY IN EQUITY, INCLUDING THE RIGHT TO SEEK SPECIFIC PERFORMANCE, INJUNCTIVE OR OTHER EQUITABLE RELIEF IN CONNECTION WITH THIS AGREEMENT. NOTHING IN THIS PARAGRAPH WILL OPERATE TO LIMIT LIABILITIES THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to indemnify, defend, and hold LearnSQL.com, its affiliates and its and their respective directors, officers, employees, and agents harmless from and against any and all third-party claims, demands, liabilities, costs, or expenses, including attorney’s fees and costs, arising from, or related to any breach by you of any of these Affiliate Program terms or any violation by you of applicable law.

Privacy

Participation in the Affiliate Program may require you to submit personal information about yourself. The personal information will be collected, processed, and used in accordance with LearnSQL.com Privacy Policy.

Other Terms

If any provision in this Affiliate Program are held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void, or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions. Except where prohibited, disputes, claims, and causes of action arising out of or related to this Affiliate Program will be resolved under the laws of Poland, and you agree to submit any dispute to the exclusive jurisdiction of courts located in Warsaw, Poland.