Terms of Engagement – Affiliate Marketing Agreement
This Affiliate Marketing Agreement (the "Agreement") is constituted by:
(1) An offer, made by Digital College Planners (“DCP”) to the Applicant Affiliate Marketer (“Affiliate”);
(2) Acceptance of that offer by the Affiliate, iby signing up to the Affiliate Program on https//:digitalcollegeplanners.com “the “DCP website’).
DCP and the Affiliate hereby agree to as follows:
1. Engagement of Services
1.1 Engagement: DCP hereby engages the Affiliate to promote and market DCP’s products and services through the Affiliate's marketing channels, including but not limited to websites, blogs, social media platforms, and email marketing (the "Services") in accordance with the terms and conditions set forth herein;
1.2 Acceptance of Engagement: The Affiliate accepts the engagement and agrees to use its best efforts to promote and market DCP’s products and services in a manner consistent with DCP’s brand image and the terms and conditions set forth herein;
2. Affiliate a Contractor
2.1 Independent Contractor: The Affiliate is an independent contractor and not an employee or agent of the DCP. Nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between the parties.
3. Compensation
3.1 Commission: DCP shall pay the Affiliate a commission for each sale of the Company's products and services generated through the Affiliate's marketing efforts. The commission rate shall be a percentage of the net sale price, excluding shipping and taxes.
3.2 Affiliates will be paid in accordance with the commission rate advertised at time at which sales were generated by the Affiliate on the “Join our Affiliate Program’ page. DCP reserves discretion to unilaterally update (either increase or decrease) the commission amount applicable to future sales generated by Affiliates. By continuing to promote DCP’s products and services, the Affiliate agrees to be paid in accordance with the updated commission rate.
3.3 Payment Terms: Commissions will be calculated on a monthly basis and paid to the Affiliate within 30 days after the end of each calendar month, via the relevant affiliate marketing app utilised by DCP for its affiliate program activities.
3.4 DCP is not liable for non payment of Affiliate commissions if the non payment has occurred due to a fault of the relevant affiliate marketing app. If this occurs, DCP agrees to take reasonable steps to work with the relevant affiliate marketing app and Affiliates to remedy the issue so commissions can be paid as soon as practicable.
3.5 Tracking: through the relevant affiliate marketing app, DCP will provide the Affiliate with unique tracking links and promotional codes to track sales generated through the Affiliate's marketing efforts. Commissions are only payable if:
3.5.1 A customer makes a purchase through the unique tracking link or utilises the promotional code supplied to the Affiliate, and
3.5.2 The use of the unique tracking link or promotional code is evident to DCP by reference to the administrator panel of the relevant affiliate marketing app.
3.5.3 If an affiliate makes a sale but conditions 3.5.1 and 3.5.2 are not met, DCP may still pay a commission to an affiliate, however DCP retains absolute discretion in relation to this decision
4. . Disqualified Purchases
4.1 DCP reserves the discretion to exclude certain products or purchases from the DCP affiliate marketing program. This will be made cleat to Affiliates through the relevant affiliate marketing app.
5. Affiliate Obligations
5.1 Marketing Practices: The Affiliate agrees to market and promote the Company's products and services in a professional and ethical manner, complying with all applicable laws and regulations. This includes, but is not limited to, trademark, copyright and intellectual property laws.
5.2 Prohibited Practices: The Affiliate shall not engage in any deceptive, misleading, or unethical marketing practices, including but not limited to spamming, false advertising, and misrepresentation of the Company's products and services. A breach of this term will result in immediate suspension or permanent cancellation of the Affiliates account and forfeiture of all withheld commission payments. The Affiliate will be given the opportunity to respond to the suspension or cancellation of their account. Digital College Planners reserves full discretion to assess if the suspension or cancellation will be lifted, and if Affiliates who have found to breach this term will be paid.
5.3 Content Approval: Affiliates do not need to submit marketing materials to the Company for approval prior to publication.
5.4 Liability for Breaches of Applicable Laws and Regulations: DCP, by virtue of the independent contract relationship between DCP and the affiliate and by virtue of this clause, is not liable for any breach of the law or regulation by the affiliate. Affiliates are solely responsible for executing their proportional activities in accordance with applicable laws and regulations. By engaging in our Affiliate program, Affiliates accept that they are solely legally responsible for promotional activities that breach this agreement or any applicable law or regulation
5.5 Withholding of Commission for a Breach of this Agreement: DCP will withhold commission if an affiliate is suspected or found to have breache applicable laws or regulations so as to:
5.5.1 Reiterate that a breach of law or regulation is a breach of the agreement between the parties
5.5.2 Further ensure that DCP is not held liable for any such breach by the Affiliate
5.5.3 Reinforce the importance of compliance with laws and regulations in promotional activities to all Affiliates
6. Term and Termination
6.1 Term: This Agreement shall commence on the Effective Date and continue until terminated by either party.
6.2 Termination: Abreach of any term of this agreement automatically results in a terimation of the agreement between the parites.
6.3 If the termination is initiated by DCP, DCP will suspend or cancel the Affiliates engagement using the relevant affiliate marketing app.. If the Affiliate wishes to terminate this agreement they should taje the necessary steps on the relevant affiliate marketing app.
7. Confidentiality
7.1 Confidential Information: The Affiliate agrees to maintain the confidentiality of any proprietary or confidential information disclosed by DCP during the term of this Agreement.
7.2 Non-Disclosure: The Affiliate shall not disclose any confidential information to any third party without the prior written consent of DCP.
6. Miscellaneous
6.3 Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, and representations.
6.4 Amendments: This Agreement may be amended by DCP at any time unilaterally. The new agreement with the unilateral ammedment will be uploaded to therelvant affiliate marketing aopp. Affiliates are responsible for stying up to date with any changes to the agreement
