BRAND AMBASSADOR PROGRAMME TERMS AND CONDITIONS
Last Updated: July 5, 2023
Please read the entire agreement. This is a legal agreement between you (the “Brand Ambassador” also known as “Affiliate”) and Renewable Construction Academy (the “Company”), doing business on https://training.recoa.eu/ (collectively, the “Parties”). 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. Definitions. Throughout this Agreement, capitalized terms shall have the meaning ascribed to them in quotes. In addition, the following definitions apply:
a. “Advertising” or “Advertisements” means any and all banner advertisements, text links, or other solicitations provided by Company to Affiliate to promote the Company’s products or services and/or which contain a Link to the Company’s Site.
b. “Link” means a Company-provided embedded graphic, icon, or text, containing a unique hypertext pointer to the URL address for the Company Site embedded in an Advertisement, and which identifies the number of consumers that become Subscribers as a direct result of an Advertisement.
c. “Products” means all of the products offered on the Company Site, including, but not limited to, any online training programme, education, or course that the Company may offer, modify, or amend, from time-to-time.
d. “Site” means a World Wide Web site. The “Company Site” means the Company’s website located at https://training.recoa.eu/, and/or any other additional, substitute or successor Site that may be designated by the Company.
e. “Purchaser” means a person who (i) purchases the Company’s services or products directly using a Link and through such Link, successfully registers and becomes a paying member of the Company’s Products (i.e., with valid and accurate name, email address, and payment information) via the Company Site; (ii) does not obtain a refund from the Company for such purchase; and (iii) has not previously purchased the Company’s products or services (collectively, “Qualified Purchases”).
f. “Affiliate Lead” means a customer prospect who clicks on the Affiliate Link that we have made available to you via the Affiliate Dashboard.
In order for a student account to be associated with an Affiliate, they must have visited your site for the first time from that Affiliate's link. If your student visited the site previously on their own, without signing up, but returned within 30 days via an Affiliate Link, they will not end up associated with that Affiliate.
The account does not need to make any purchases, or even enrol in any products; the Link between account and Affiliate is made as soon as the account is created and persists indefinitely.
Finally, keep in mind that cookies are browser-specific, and the cookie will only be checked when the actual account is made.
g. "We", "us", “our”, and “Renewable Construction Academy” means Renewable Construction Academy, LLC
h. “You”, “Brand Ambassador” and “Affiliate” means the party, other than Renewable Construction Academy, entering into this Agreement and participating in the Affiliate Program.
2. Description of the Programme. The purpose of Company’s affiliate programme (the “Programme”) is to permit Affiliate to advertise and promote the Company’s products or services on Affiliate’s Site and to earn Commissions for Qualified Purchases made by Affiliate’s end users. Affiliate shall display an Advertisement, in the form approved by the Company, on Affiliate’s Site. Each Advertisement will connect to the Company Site via a Link. All Advertisements must include the Affiliate’s unique Link. Affiliate may not modify the Advertisements or Links in any way, except with the written consent of Company. Affiliate is not authorized to make any other use of the Advertisements or Links.
3. Approval or Rejection of Application. Company reserves the right to approve or reject any Affiliate Programme application in Company’s sole and absolute discretion. Affiliate will have no legal recourse against Company for the rejection of Affiliate’s Programme application. No commission will be paid if the tracking code is removed or altered in any way by an Affiliate.
4. Term. The term of this Agreement (the “Term”) shall begin upon Company’s acceptance of Affiliate’s Programme application and will end when terminated by either Party. Either Party may terminate this Agreement at any time, with or without cause.
5. Modification. Company may modify any of the terms and conditions in this Agreement at any time, in Company’s sole and absolute discretion. Modifications may include, but are not limited to, changes in the payment procedures, and Programme rules. If any modification is unacceptable to Affiliate, Affiliate’s only option is to end this Agreement. Affiliate’s continued participation in the Programme following the posting of the change notice or new Agreement on the Company Site will indicate Affiliate’s agreement to the changes.
6. Commissions. Company will pay Affiliate a commission (the “Commission”) for each Qualified Purchase by a Purchaser referred by Affiliate. The current Commission rate is as set forth on the Affiliate Dashboard, which may be changed from time to time in Company’s sole discretion.
7. Payment. Commission shall be paid monthly via the payment method chosen in the Affiliate Dashboard. Commissions are only earned on Qualified Purchases occurring after the Affiliate has been accepted into the Programme.
8. Relationship of Parties. Affiliate and Company are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Parties. Affiliate has no authority to make or accept any offers or representations on Company’s behalf.
9. Limitation of Liability. Company will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Programme, even if Company has been advised of the possibility of such damages. Further, Company’s aggregate liability arising with respect to this Agreement and the Programme will not exceed the total Commissions paid or payable to Affiliate under this Agreement.
10. Disclaimers. Company makes no express or implied warranties or representations with respect to the Programme or any products or services sold through the Programme (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, Company makes no representation that the operation of the Company Site will be uninterrupted or error-free, and Company will not be liable for the consequences of any interruptions or errors.
11. Indemnification. Affiliate hereby agrees to indemnify and hold harmless Company 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 (a) any claim that Affiliate’s use of the Advertisements or Links infringes on any intellectual property rights of any third party, (b) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by Affiliate herein, or (c) any claim related to Affiliate’s Site, including, without limitation, content therein not attributable to Company.
12. Confidentiality. All information, including, without limitation, business and financial information, customer and vendor lists, and pricing and sales information, shall be considered confidential and will remain the sole property of the disclosing Party. Neither Party shall disclose any such confidential information to any third party without the prior written consent of the other Party, except as required by law.
13. Miscellaneous. This Agreement will be governed by the laws of the jurisdiction in which Company is incorporated, without reference to rules governing choice of laws. Any dispute relating to this Agreement shall be brought exclusively in the courts of competent jurisdiction located within that jurisdiction. Affiliate may not assign this Agreement, by operation of law or otherwise, without Company’s prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the Parties and their respective successors and assigns. Company’s failure to enforce Affiliate’s strict performance of any provision of this Agreement will not constitute a waiver of Company’s right to subsequently enforce such provision or any other provision of this Agreement.
14. Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.