I. INTRODUCTION
ATA TESOL College has established an Affiliation programme to enable a hyperlink to be created between the www.atatesolcollege.com and www.ataonline.edu.au websites and an Affiliate website (hereinafterreferred to as “the Affiliate website”). This hyperlink will enable visitors to the Affiliate website to be redirected to the atatesolcollege.com and ataonline.edu.au websites via promotional tools such as banners, buttons, and unique links that point to a page on the atatesolcollege.com and ataonline.edu.au websites, and subsequently to purchase an ATA TESOL College Foundation Program Course.
Article 1. Definitions
Where they are used in this document, the terms and expressions below shall have the following meanings:
o - “Affiliation” means the system that enables the Web merchant to disseminate its products, services or offers to anetwork of Affiliates and involves acceptance of the terms and conditions of the ATA TESOL College Affiliation programmeby an Affiliate.
o - “Affiliate” means any person, legal or natural, who promotes the Web merchant’s products or services through awebsite and agrees to accept the terms and conditions of the Affiliation programme as well as to redirect all or some ofits visitors to the Web merchant’s website via hyperlinks.
o - “Web merchant” means any person, legal or natural, who, through the Affiliation programme, proposes that Affiliatesites promote its products, services or offers and redirect all or some of their Visitors to the Web merchant’s website viahyperlinks. In exchange, the Web merchant offers the Affiliate remuneration in accordance with the terms and conditionsof the Web merchant’s Affiliation programme. In this case, the Web merchant is ATA TESOL College.
o - “Affiliation platform” means the trusted third party or parties between the Affiliates and the Web merchant. The Affiliation platform(s) is/are chosen by the Web merchant and a contract is signed between the Affiliation platform and the Web merchant. ATA has its own Affiliation platform.
o - “Affiliation programme” means all of the means made available to Affiliates by the Web merchant, such as hyperlinks, promotional tools etc., as well as the terms and conditions of the Affiliation programme, including remuneration, accepted by the Affiliates.
o - “Tracking system” means all of the technologies that enable the Affiliation platform to trace, measure and calculatethe different activity indicators for the Web merchant and the Affiliate, including print-outs, clicks, successful conversions,payment etc.
o - “Visitor” means any person connected to the internet who is likely to perform operations such as consulting a website,purchasing or selling products or services online on an Affiliate website.
II. AFFILIATION TERMS AND CONDITIONS
For the Affiliate, Affiliation to the ATA TESOL College affiliation program will include one stage (1):
Application and acceptance of the Affiliate
The Affiliate will then receive an email notification from the Affiliation platform to indicate whether or not its application has been accepted by the Affiliation platform. If the application is accepted, the Affiliate will find a username and password in this email, which it can use to connect to the Affiliation platform concerned.
Article 2. Terms of application and acceptance of Affiliates into the ATA TESOL College Affiliation programme.
Only Affiliates registered and accepted may use the affiliation programme. Affiliates can connect to the appropriate Affiliation platform using the username and password received.
Tovalidate their application, Affiliates must accept the terms and conditions of the ATA TESOL College affiliation programme.
Affiliates will receive email notification from the Affiliation platform indicating whether or not they have been accepted intothe ATA TESOL College affiliation programme. ATA TESOL College reserves the right to refuse or revoke any application, at its own discretion, without having to provide any justification of anykind for such a refusal. In particular, although the following list is not exhaustive,ATA TESOL College will refuse sites that directly or indirectly:
o - contain images or texts that are violent, racist, libellous or an incitement to any form of extremism or discrimination,
o - contain content that is pornographic, erotic, religious, political or similar,
o - do not comply with the legislation in force or with the rights of third parties,
o - or which in any other way are liable to cause harm to the brand image of ATA TESOL College or its sales policy.
Once they have been accepted into the ATA TESOL College affiliation programme, Affiliates can connect to the chosen
Affiliation platform to integrate ATA TESOL College offers and promotional tools into their sites via the selection of
hyperlinks, banners, buttons, search engines etc. offered by ATA TESOL College as part of the ATA TESOL College affiliation programme.
Affiliates can use as many hyperlinks, banners, buttons, search engines etc. as they wish.
III. OBLIGATIONS OF ATA TESOL College
Article 3. Availability of ATA TESOL College offers and promotional tools
ATA TESOL College undertakes to make available to Affiliates the offers and promotional tools to enable Affiliates to promote its products,services and offers, including hyperlinks, banners, and widgets.The offers and promotional tools made available may differ from one Platform to another or from one market to another.
Article 4. Purchasing on the atatesolcollege.com and ataonline.edu.au website
A purchase is made directly between the Visitors to an Affiliate website and ATA TESOL College, which is responsible for ensuring the course and associated services areeffectively provided, ATA TESOL Collegeretaining ownership of customers.ATA TESOL College assumes full responsibility for the receipt and processing of the Purchase and for associated services once a Purchase is made by a Visitor to an Affiliate website.
IV. OBLIGATIONS OF AFFILIATES
Article 5. General obligations
Throughout the duration of its participation in the ATA TESOL Collegeaffiliation programme, the Affiliate undertakes to:
o - ensure that its site does not contain, or have any direct or indirect links with sites that contain, images or texts that are violent, racist, libellous or an incitement to any form of extremism or discrimination,
o - ensure that its site does not contain content that is pornographic, erotic, religious, political or similar,
o - ensure that its site complies with the legislation in force and with the rights of third parties,
o - ensure that its site does not in any way cause harm to the brand image of ATA TESOL College or its sales policy,
o - respect the graphic elements of ATA TESOL College logos and brands and under no circumstances to modify them,
o - not modify the HTML codes that are required to create the hyperlinks to the ATA TESOL Collegewebsite,
o - use only the hyperlinks provided by ATA TESOL College to enable Visitors to the Affiliate website to access the website,
o - ensure that its site is completely devoid of all forms of virus or Trojan Horse and any other form of contamination,particularly any code or instruction that could be used to access, modify, delete or damage any data, file or othersoftware program used by ATA TESOL College or by a third party,
o - remove all links to the atatesolcollege.com and ataonline.edu.au websites in the event that ATA TESOL College or the Affiliate rescinds these general terms and conditions, and to end all use and/or reproduction whatsoever of ATA TESOL College logos and brands,
o - compensate ATA TESOL College in full for any loss whatsoever that ATA TESOL College may suffer as a result of a claim made by a third party subsequent to a failure on the part of the Affiliate to fulfil its obligations under these general terms and conditions.Generally speaking, the Affiliate guarantees that it shall not do, nor shall it allow to be done, anything that may infringe inany way upon any of the rights belonging to ATA TESOL College (including ATA TESOL College’s intellectual property rights), or those belonging to any third party of any kind, irrespective of the legal system considered.
Article 6. Advertising-related obligations
Throughout the duration of its participation in the ATA TESOL Collegeaffiliation programme, the Affiliate undertakes to:
o - not purchase keywords belonging to ATA TESOL College domain names or brands, or any variants of these, from any search engine or referencing service provider (e.g. Google, Yahoo etc.). The Affiliate must comply with the advertising referencingpolicy for the ATA TESOL Collegeaffiliation programme. For more information, please contact: office@ataonline.edu.au.
o - not register domain names containing one or more ATA TESOL College brands, whether spelled correctly or incorrectly,
o - not create a sub-domain that contains one or more ATA TESOL College brands, whether spelled correctly or incorrectly,
o - not use any ATA TESOL Collegebrands in the HTML code of pages on its site in order to increase its ranking with search engineswithout the specific, prior written consent of ATA TESOL College,
o - return immediately and without charge to ATA TESOL College any domain name that contains one or more ATA TESOL Collegebrands and whichmay have been registered by the Affiliate prior to its joining the ATA TESOL Collegeprogramme,
o - for all advertising carried out via email, the Affiliate undertakes to comply with Articles 20, 21, and 22 of Law no. 2004-575 of 21 June 21 2004 (the law relating to consumer trust in the digital economy), which provides that the issuer of amessage and the subject of said message shall be clearly identified.
V. REMUNERATION
Article 7. Remuneration levels
As part of the ATA TESOL Collegeaffiliation programme, ATA TESOL College undertakes to remunerate the Affiliate for purchases made at www.ataonline.edu.au or www.atatesolcollege.com by a Visitor to the Affiliate website as a result of a hyperlink on said Affiliate website, withinthree hundred and sixty-five (365) of the Visitor clicking on said hyperlink.
ATA TESOL College has its own cookie for three hundred and sixty-five (365) days.The remuneration corresponds to a percentage of the total amount of the purchase, including tax, in accordance withthe scale set out below:
All Affiliates accepted into the ATA TESOL College affiliation programme shall receive a ‘General’ level of remuneration based on each purchase at The Foundation Program level and above.
‘General’ level of remuneration based on sales per month
o –1 – 10 sales per month – 10%*
o –11 – 15 sales per month – 15%*
o –16 and more sales per month – 20%*
* of the total amount of the purchase, including tax.
The ‘General’ level of remuneration will only be calculated and paid for Purchases that are valid under the terms andconditions set out in Article 9.
Article 8. Purchases not entitled to remuneration
ATA TESOL College will not offer the Affiliate remuneration as part of the ATA TESOL College affiliation programme for:
o - any Visitor resulting from a hyperlink on the Affiliate’s website who does not make a Purchase within three hundred and sixty-five (365)of clicking on said hyperlink;
o - any Visitor resulting from a hyperlink on the Affiliate’s website who visits another of the Affiliate's websites within three hundred and sixty-five (365)of clicking on said hyperlink and makes a Purchase;
o - any Visitor resulting from a hyperlink on the Affiliate’s website that does not include the tracking system required by theAffiliation platform;
o - any Visitor resulting from a hyperlink on the Affiliate’s website who makes a Purchase on an ATA TESOL College website otherthan www.atatesolcollege.com and www.ataonline.edu.au;
o - any Visitor resulting from a hyperlink on the Affiliate’s website who makes a Purchase using a method other than thewebsite unless negotiated. Referrals are excepted.
Article 9. Validating purchasess‘pending’.
ATA TESOL College will monitor each Purchase, validating it, or not, within a maximum of fifteen (15) days. Within a maximum period of fifteen (15) days, the status will be changed if ATA TESOL College validates it, or‘Denied’ if ATA TESOL College refuses it.
Only those Purchases with a ‘Validated’ status will result in remuneration.
In the event of a suspicious or fraudulent Purchase, ATA TESOL College reserves the right to suspend or terminate an Affiliate’sparticipation in the ATA TESOL College affiliation programme, and to deny all or part of any outstanding remuneration. ATA TESOL College will inform the Affiliate in such cases.
VI. LIABILITY
Article 10: Limitation of liability
ATA TESOL College does not guarantee that use of the website shall be free of disruption or faults. ATA TESOL Collegecannot be held liable for the consequences of any disruption or faults.
ATA TESOL College shall not be liable for direct losses resulting from implementation of the ATA TESOL College affiliation programme.
VII. CONFIDENTIALITY
Throughout the time that the Affiliate participates in the ATA TESOL College affiliation programme, the Affiliate will haveaccess to information that ATA TESOL College deems confidential,particularly the information relating to Purchases (hereinafter referred to as “Confidential Information”").
For the duration of its involvement in the ATA TESOL College affiliation programme, and as soon as it gains access toConfidential Information, the Affiliate undertakes to:
o - maintain its confidentiality,
o - take the same measures as those it would take with respect to its own confidential information in order to prevent publication thereof or disclosure thereof to third parties,
o - only divulge it to members of its staff who require the information for implementation of the ATA TESOL College affiliationprogramme,
o - use it for ATA TESOL College purposes only,
o - return to ATA TESOL College and/or delete any media received from ATA TESOL College that contains Confidential Information.
Any disclosure by the Affiliate to any third party shall incur liability and ATA TESOL College shall be entitled to terminate the Affiliate’sinvolvement in the ATA TESOL College affiliation programme immediately without notice or compensation and withoutprejudice of all claims for damages made by ATA TESOL College.
This obligation will end one (1) year after the Affiliate’s participation in the ATA TESOL College affiliation programme expiresor is terminated.
VIII. TERM
The Affiliate’s membership of the ATA TESOL College affiliation programme is valid for an indefinite period of time from thedate on which the Affiliate is notified that its membership of the ATA TESOL College affiliation programme has beenapproved. It is hereby specified that either of the parties may terminate membership, immediately and at any time, by notifying the other party via registered letter with acknowledgment of receipt.
ATA TESOL College may terminate the Affiliate’s participation immediately, subject to a simple notice addressed to the Affiliate, in theevent that the Affiliate does not comply with one or more of the provisions of these general terms and conditions.
Article 11. Miscellaneous provisions:
ATA TESOL College may interrupt the provision of online services and/or its Affiliation programme, temporarily or permanently and atany time, without warning. In this case, no compensation will be payable by ATA TESOL College to the Affiliate.
The Affiliate hereby acknowledges that it has read and understood these general terms and conditions and that itaccepts all of the terms and conditions contained herein. It is the Affiliate’s independently held view that there is a benefitto be had in joining this Affiliation programme and the Affiliate shall not invoke any declaration, guarantee or undertaking, other than those expressly set forth in these general terms and conditions.
