By filling out the signup form, you acknowledge that you have read and agree with the terms and conditions associated with this affiliate program.
Joining Our Affiliate Program
By filling out the signup form, you will automatically become an affiliate and are bound by the terms of this agreement.
Revocation of Affiliate Status
Your affiliate application and status in the program may be suspended or terminated for any of the following reasons:
- You misrepresent our products and services
- You engage in unethical or unlawful conduct
- At the sole discretion of Humanist Learning Systems
Representations and Warranties
You hereby represent and warrant to us that neither you nor the Affiliate Site shall:
- incur, undertake or make any representation, warranty, covenant or agreement on behalf of us or our affiliated entities to or for the benefit of any person or entity;
- contain or promote materials that infringe or violate the copyright or other intellectual property rights of us, our affiliated entities or any third-parties;
- contain any materials that depict persons under the age of eighteen (18), or in a manner that suggests they are;
- promote (i) harmful or indecent matter to minors, (ii) violence, (iii) discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any other legally prohibited classification;
- use or benefit from unsolicited sexually explicit advertising;
- contain content that is obscene, defamatory, misleading, libelous, hateful or unlawfully threatening, abusive or harassing or likely to cause disparagement to persons appearing on the Humanist Learning Systems Sites;
- involve advertising, marketing or business practices that are fraudulent or misleading, or that promote unfair competition;
- own, control or use a URL containing a Prohibited Designation;
- send, transfer or otherwise initiate (i) e-mails in violation of the Can-Spam Act of 2003, as amended (i.e., "spam"), or unsolicited chat messages, e.g., instant messages and group chat rooms; or (ii) any downloadable programs or executables that contain viruses, worms, "Trojan horses" or any other destructive features that violate the rights of third-parties, including but not limited to, redirection to unwanted websites, modification of browser settings, interference with site navigation, and/or accessing data;
- violate, or promote violation of, any law, statute, ordinance or regulation (including, but not limited to, the Federal Trade Commission blogger rules); or
- violate an order, judgment decree, or the terms of any other agreement, document or instrument, including but not limited to your merchant or payment processing agreement and any associated card association rules, to which Affiliate (or its assets) are subject or bound.
You further represent and warrant that all information provided to us, including your email address and other contact information and identification of Affiliate Site(s), is at all times complete, accurate, and up-to-date and that you will respond in a timely manner in the event that we attempt to contact you.
Us of Affiliate Links
You may use our affiliate links in emails, personal communications and on your website, blog, and social media.
Humanist Learning Systems (HLS) are solely responsible for processing and fulfilling all orders for customers on our sites, including but not limited to, order entry, payment processing, shipping, cancellations, creditbacks, returns and related customer service. Visitors and members of the HLS Sites will be considered customers of HLS for all purposes, and all HLS Site terms, policies, rules and procedures will govern the customer relationship between the HLS and such customers. As between the parties, HLS owns any information pertaining to any person or customer who accesses any HLS Site.
HLS reserves the right to confirm receipt of payment before approving any purchase, sale or transaction within the HLS affiliate network.
HLS's current policy is to issue any Commission payments within approximately thirty (30) days following the end of the calendar month when the Commission was earned. All Commission are payable in U.S. Dollars. To the extent we receive non-U.S. Dollar currency for Actions, such currency will be converted into U.S. Dollars at the exchange rate applicable on that day.
If a Commission is paid or owed and a subsequent Chargeback or Credit occurs, HLS may, in addition to any other remedies, terminate this Agreement for cause and/or setoff the amount of the Chargeback or Credit and any related fees from any subsequent payments owing to you. If there is no subsequent payment due, HLS will send you an invoice for the amount of the setoff amount, and you agree to pay such invoice no later than thirty (30) days following receipt.
In the event that a check issued to you is voided and reissued, HLS reserves the right to charge you a service fee. HLS also reserves the right to void any check that has not been negotiated within six (6) months following the date of its issuance.
Tax Information Policy and possible suspension:
Upon enrollment and completion of your Account as an Affiliate, you may be required to complete certain tax documents, e.g., IRS Form W-8, W-9, SS-4, etc. (the "Required Tax Documentation"). Humanist Learning Systems may withhold all Commission payments owing to you until such time as you submit the completed Required Tax Documentation. During the period between when you enroll as an Affiliate and create and Account, and the time you submit the Required Tax Documentation, you may provide Special Links to the Humanist Learning Systems Sites from the Affiliate Site, Commissions will begin to accrue, and you may have access to the Reports Page.
If you fail to submit the Required Tax Documentation within sixy (60) days of our request, we may suspend your Account until such time as you submit the Required Tax Documentation or, alternatively, Medley may terminate this Agreement immediately and any Commissions accrued shall be forfeited.
Either party may terminate this agreement at any time without cause. Any payments due will be paid in accordance with regularly scheduled payments.
No Agency - Independent Contractors
Nothing in this Agreement is deemed to create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf and you are prohibited from holding yourself out as our agent. Affiliate shall not take any action or make any statement that contradicts anything in this Section. It is expressly understood and agreed that Affiliate and HLS are independent contractors in all manners and respects. Affiliate shall not be entitled to any benefits and shall be solely responsible for all taxes, social security taxes, unemployment taxes, workers' compensation insurance premiums and any other taxes or Commissions and other amounts paid to Affiliate hereunder.
Limitation of Liability
Humanist Learning Systems, and their directors, officers, employees, agents,SHALL NOT BE LIABLE FOR EXEMPLARY, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF PROFITS, OR LOSS OF DATA ARISING IN CONNECTION WITH THIS AGREEMENT EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Further, the aggragate liability arising from any problem with respect to this agreement shall not exceed the aggregate amount paid to you during the past six months, regardless of whether based upon breach of contract, negligence, tort, errors, omissions, or other claim or cause of action under which damages are sought.
Venue and Mediation
If any conflict arises, mediation will be sought out as a first attempt to resolve the problem. If that fails, any legal conflict resulting from this agreement will be held in Florida according to Florida law.