EDUGRAM AFFILIATE PROGRAM TERMS
By signing up to be an Affiliate in Edugram Affiliate Program you are agreeing to be bound by the following terms. Please ensure that you read Edugram Affiliate Program Terms carefully before signing up.
- You may not use Edugram Affiliate Program for any illegal or unauthorized purpose. While using either Edugram or Studybay Services, you must not violate any laws in your area/state/country.
- Affiliates may not share their Remuneration, received through Edugram Affiliate Program, with End Users. Remuneration cannot be split in any way between you, your employees and any other Third Party, including End Users.
- You can not use and mention in any way: (i) Studybay and/or Edugram brand names as a keyword in your advertising campaigns across all search engines, including any misspellings in the brand names; (ii) Use Studybay and/or Edugram brand names in the domain name of Your website, including any misspellings of the brand names.
- You may not modify the trademarks, banners, the content or any of the images provided to you in any way, without our prior written consent.
- Fraud is a serious offense, and will be treated as such. Fraud is defined as any action that intentionally attempts to create sales, leads, or click-throughs using robots, frames, iframes, scripts, or manually “refreshing” of pages, for the sole purpose of creating Remunerations. ANY ATTEMPTED FRAUD OR FRAUD OR ANY HARMFUL ACTION WILL RESULT IN ACCOUNT CANCELATION AND VOIDED REMUNERATIONS.
- You cannot SPAM. We will terminate Your Account on the first offense of spamming. Do not send emails to lists or groups that you do not have permission to send them to. We cannot stress this enough, we will terminate Your Account on the first offense.
- You will not receive Remuneration for self-referrals and for Affiliates, who violate our Edugram Affiliate Program Terms. You are also not allowed to refer the company you work for and receive Remuneration for that.
AGREEMENT BETWEEN YOU AND US
Edugram Affiliate Program Terms is a legal agreement between Edutec Limited, a company incorporated under the laws of Malta, with its principal place of business at Angelica Court No 4, Giuseppe Cali Street, Ta Xbiex, XBX 1425, Malta (“Studybay”, “Edugram”, “we”, “us” or “our”) and you (“Affiliate”, “you”, “your” or “yours”). The purpose of this Agreement is to allow linking between Your website or Your marketing activity or otherwise and www.studybay.com website. This Agreement is a legal document so the language is necessarily “legalese”, but we have tried to make it as readable as possible.
“Affiliate” means any natural person which completed the signup process on edugram.com and thus became the participant of Edugram Affiliate Program. You can’t be an Affilate if you are individual, corporation, trust, etc. who are in a position to influence Studybay's decisions. It includes officers, directors, stockholders and employees of Studybay, and their immediate families.
“Edugram Affiliate Program” is a revenue-sharing program, which Edugram has developed and operates, where you, the Affiliate, use marketing methods to promote Services and drive traffic to www.studybay.com according to the provisions of this Agreement.
“Affiliate’s remuneration” means the monetary compensation you receive for participating in Edugram Affiliate Program; the Affiliate’s remuneration consists of percent of your attracted completed orders amount on Studybay. The completed order occurs when an End User visits www.studybay.com through a Reference Link, accepted the completion of the order by a performer and makes payment for the fully completed order.
“Remuneration Payment” refers to payments systems, through which you can receive your Remuneration. You can currently receive your Remuneration through Visa/Mastercard, Qiwi, Яндекс Деньги, WebMoney and Epayments.
“Reference Link” means a link that leads to www.studybay.com and contains your reference ID. You will receive your reference ID only after becoming the participant of Edugram Affiliate Program.
“Cookie life period” means 30 days postclick from the date of End User's first arrival on www.studybay.com through Affiliate's Reference Link according to Edugram Affiliate Program Terms. The End User will be fixed to the Affiliate if registers on www.studybay.com within 30 days period.
“End User” means the authorized actual user of Studybay Services, who registers for an account on www.studybay.com or completes the orders on www.studybay.com. There are two types of End Users on Studybay: (i) a Student – a user that places an order on the Studybay Platform and pays for the completed order; (ii) an Author – a user that perform an order for a Student and receive payment for the performance of an order.
“Studybay Services” means the marketplace for Writers and Students where Students can place their assignments on the Studybay Platform and Writers offer their Services and perform the Students’ assignments. The Studynbay Services are accessible via www.studybay.com.
“Third Party” means any individual or legal entity, other than the party to this Agreement.
“Your Account” means a specific account edugram.com, where your personal information is stored and where your affiliate activity, including payment information, is tracked.
“Your website” or “Affiliate website” means the World Wide Web site that you state during the signup process, which is owned or operated by you.
We grant you, subject to the limitations set forth below, a non-transferable, non-exclusive right to: (i) demonstrate and promote the Studybay Services to your prospects and customers, and (ii) to provide End Users access to use the Studybay Services in accordance with this Agreement and the Studybay Terms and Conditions, taking into account that End Users agreed to the Studybay Terms and Conditions. At our discretion, we will provide limited support to all our Affiliates. You can reach us by sending an email to firstname.lastname@example.org.
- You must complete the signup process on www.edurgam.com. All information you provide in your profile must be truthful. You are solely responsible for all the information you provide in Your Account profile and on the website that you own or operate.
- As an Affiliate, you can only have one (1) account.
- You will be solely responsible for the development, operation, and maintenance of Your website and Your marketing activity and for all materials that appear on Your website or that you use within the scope of Your marketing activity. You should ensure that materials posted on Your website or used within Your marketing activity do not violate or infringe upon the rights of any Third Party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights). You will be solely responsible for the accuracy, truthfulness, and appropriateness of materials posted on Your website or used within Your marketing activity. We do not endorse or accept any responsibility for any links or references that lead to any other website apart from www.studybay.com and for any content that can be found by following these links to Third Party websites. We also do not endorse or accept any responsibility for any materials infringed Third party’s rights used within Your marketing activity.
- Affiliate receives his or her remuneration in the amount of 60 (sixty) % of an order only after the order on www.studybay.com can be considered to be fully completed and paid by a customer that is the registered as a Student on Studybay Services. Affiliate also receives his or her remuneration for a new active user of Studybay Services that is registered as an Author and has been completed at least one order on Studybay – in the amount of 10 (ten) USD. The Affiliate’s remuneration for other orders of each End Users (hereinafter referred to as “Rebill”) is stated in the amount of 15 (fifteen) % of the order.
- The receipt of the remuneration is rendered automatically as soon as an order is considered to be fully completed. The receipt of the remuneration is available after you confirms your phone number.
- Payouts are available by Visa/Mastercard, Paypal, Payoneer. The minimum sum of the payout is 20 (twenty) USD.
- Affiliate’s remuneration earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods will be voided. Fraudulent activities will also result in immediate account cancelation.
- All statistics are collected and calculated by Edugram, and will be the only valid statistics used for determining Remunerations.
This Agreement starts when you successfully completes the signup process on edugram.com. The Agreement ends when terminated by either party in accordance with these Edugram Affiliate Program Terms. If Affiliate wants to terminate the Agreement, the simple electronic mail to be sent to email@example.com. If you fail, or Edugram suspects that you have failed, to comply with any of the provisions of this Agreement, Edugram, at its sole discretion, with prior electronic notice, may terminate this Agreement blocking your Account on www.edurgam.com.
Termination of this Agreement will result in the deactivation (blocking) of Your Account or your access to Your Account, and the forfeiture and relinquishment of all potential or to-be-paid Remunerations in Your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
The Affiliate is not permitted to use any of the content of any websites owned and/or operated by Studybay without written consent and the Affiliate shall not frame any pages or parts of any pages of the www.studybay.com, edugram.com or any other website nor will the Affiliate create the impression that the Affiliate website is www.studybay.com or edugram.com or any part of www.studybay.com or edugram.com. The Affiliate agrees not to make any representations and/or give any warranties and/or guarantees relating to Studybay Services and/or their efficacy other than those given by Studybay and/or as otherwise approved by us in writing.
AFFILIATE INDEMNIFICATION OBLIGATIONS
- You shall defend, indemnify and hold Edugram and Studybay harmless against any and all claims, suits, consequences, demands, damages, liabilities, losses, penalties, interest, settlements and judgments, costs and expenses (including attorneys' fees) incurred, claimed or sustained by Third Parties, directly or indirectly as a result of (i) your breach of or non-compliance with this Agreement, (ii) your violation of any law, or an alleged violation of law by Edugram and/or Studybay, that is a direct or indirect result of (iii) your use of the network services, (iv) your participation in any program, (v) any content, goods or Services offered, sold or otherwise made available by you to any person, (vi) your acts or omissions in using, displaying or distributing any internet links obtained from the network Services or elsewhere, including, but not limited to, your use of internet links via email distribution, (vii) any claim that Edugram and/or Studybay is obligated to pay tax obligations in connection with payment made to you pursuant to this Agreement, and (viii) any violation or alleged violation by you of any rights of another, including breach of a person's or entity's intellectual property rights (each (i)-(viii) individually is referred to hereinafter as a “Claim”).
- Should any Claim give rise to a duty of indemnification under this Section, Edugram and/or Studybay shall promptly notify you, and Edugram and/or Studybay shall be entitled, at its own expense, and upon reasonable notice to you, to participate in the defense of such Claim. Participation in the defense shall not waive or reduce any of your obligations to indemnify or hold Edugram and Studybay harmless. Affiliate shall not settle any Claim without Edugram and Studybay prior written consent. You also shall indemnify for any reasonable attorneys’ fees or other costs incurred by an indemnified party in investigating or enforcing this Section. In the context of this Section only, the terms “Edugram” and “Studybay” shall include officers, directors, employees, corporate affiliates, subsidiaries, agents, and subcontractors.
Each party represents and warrants to the other party as to itself that the person executing this Agreement is authorized to do so on such party’s behalf. IF YOU ARE AN INDIVIDUAL, YOU REPRESENT AND WARRANT THAT YOU WERE AT LEAST 18 YEARS OF AGE ON THE EFFECTIVE DATE OF THIS AGREEMENT.
You represent and warrant that: (i) you have all appropriate authority to operate, and to post any and all content on Your website(s); (ii) you have all appropriate rights to promote with any promotional method you may choose to use; (iii) Your website(s) and your promotional methods do not and will not infringe a Third Party’s or Edugram’s or Studybay proprietary rights; and (iv) you remain solely responsible for any and all websites owned and/or operated by you and all of your promotional methods. Edugram and Studybay may not review and are not aware of all content on Your website or used by you in your promotional methods.
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EDUGRAM AND STUDYBAY DISCLAIM ALL WARRANTIES IMPLIED, INCLUDING, BUT NOT LIMITED TO: (I) MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, (II) THAT THERE ARE NO VIRUSES OR OTHER COMPONENTS, (III) THAT EDUGRAM SECURITY METHODS WILL BE SUFFICIENT, (IV) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY, OR (V) AGAINST INTERFERENCE WITH ENJOYMENT OF AFFILIATE THE PUBLISHER'S INFORMATION OR WEBSITE. ALL INFORMATION AND COMPUTER PROGRAMS PROVIDED TO YOU IN THE COURSE OF THIS AGREEMENT ARE USED AT YOUR OWN RISK, SO THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. EDUGRAM AND STUDYBAY ARE, UNDER NO CIRCUMSTANCES, RESPONSIBLE FOR THE PRACTICES, ACTS OR OMISSIONS OF ANY AFFILIATE, OR AFFILIATE WEBSITE(S), AND/OR THE CONTENT OF AFFILIATE WEBSITE OR THAT THE AFFILIATE MAKES AVAILABLE THROUGH THE NETWORK SERVICES.
LIMITATION OF LIABILITIES
- ANY OBLIGATION OR LIABILITY OF EDUGRAM AND STUDYBAY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL OF YOUR REMUNERATIONS PAID TO YOU BY US UNDER THIS AGREEMENT DURING THE YEAR PRECEDING THE CLAIM. NO ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT AGAINST THE OTHER PARTY TO THIS AGREEMENT MORE THAN ONE YEAR AFTER THE TERMINATION OF THIS AGREEMENT. YOU AGREE THAT EDUGRAM AND STUDYBAY SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY INCLUDING, BUT NOT LIMITED TO, A CLAIM BY ANOTHER AFFILIATE OR ANY THIRD PARTY OF THE NETWORK SERVICES, FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, LOST PROFITS, DAMAGES OR ANY CONSEQUENCES AS A RESULT OF AN INTELLECTUAL PROPERTY INFRINGEMENT, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
- The Affiliate accepts that the operation of the Edugram Affiliate Program, Reference Links or the edugram.com and www.studybay.com may not be completely free of interruption, errors or omissions and Edugram and Studybay are not liable for the consequences of any interruptions or errors in the performance or content of the edugram.com or Reference Links.
No remedy or election shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.
- Export Restrictions. Exports, re-exports, and transfers of either Edugram or Studybay products and Services, including technology, software, software source code, technical data, related technology, and the direct products thereof, including the Website content and the Services (the “Studybay Items”) are subject to EU export control system under its Regulation (EC) No 428/2009 that governs the EU's export control regime and other applicable export control laws and regulations of EU government agencies. You may not access, download, distribute, use, export, or re-export the Studybay Items in violation of European Union export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any European Union or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the Studybay items in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction nor will you use the Studybay Items for a military end-use. The Studybay Items may not be downloaded or otherwise provided or made available, either directly or indirectly, (i) into Iran, Libya, North Korea, Sudan, Myanmar, Syria or any other country subject to EU trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone according to the EU Blocking Regulation. By agreeing to this Agreement, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list and that you will not share the Studybay Items with anyone whose status is described in items (i) and (ii) above.
- Headings and References. Headings of Sections are for the convenience of reference only. Words indicated in quotes and capitalized signify an abbreviation or defined term for indicated words or terms, including those definitions contained in the opening paragraph.
- Relationships. You and Edugram are independent contractors, and nothing in these Edugram Affiliate Program Terms will create any partnership, joint venture, agency, franchise, sales representatives, or employment relationship between you and us. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your website or within Your marketing activity or otherwise, that reasonably contradict anything in these Edugram Affiliate Program Terms.
- Choice of Law/Attorneys’ Fees. This Agreement is governed by the laws of the Republic of Malta. The exclusive forum for any actions related to this Agreement shall be in the state courts of the Republic of Malta. A party that primarily prevails in an action brought under this Agreement is entitled to recover from the other party its reasonable attorneys’ fees and costs.
- Place of control. Headings of Sections are for the convenience of reference only. Words indicated in quotes and capitalized signify an abbreviation or defined term for indicated words or terms, including those definitions contained in the opening paragraph.
- Headings and References. Edugram controls and operates its website from its offices in the Republic of Malta. The access or use where it is illegal is prohibited.
- Third Party Disputes. In the event of a Third Party claim against either: (i) Edugram and/or Studyvay intellectual property; or (ii) against Edugram and/or Studybay right to offer any Services or good on edugram.com and/or www.studybay.com, or if, in Edugram or Studybay opinion, such a claim is likely, Edugram and/or Studybay shall have the right, at its sole option and in its sole discretion, to (a) secure the right at Edugram and/or Studybay expense to continue using the intellectual property or good or Services; or (b) at Edugram and/or Studybay expense replace or modify the same to make it non-infringing or without misappropriation.
- Tax Status and Obligations. Edugram and Studybay are not obligated to and shall not provide you with tax and/or legal advice. Edugram and Studybay undertake no duty to investigate or research your tax status and/or obligations, and such research and investigation is solely your responsibility. You are obligated to independently assess and comply with all relevant tax and legal requirements, and you are responsible for your own sales tax collection and reporting obligations arising from Remuneration income. If Edugram and Studybay provide you with information, that information shall not be deemed tax or legal advice, and Edugram and Studybay shall not be responsible for the accuracy of such information.
- Severability. If any provision of these Edugram Affiliate Program Terms is held by any court of competent jurisdiction to be illegal, null or void or against public policy, the remaining provisions of Edugram Affiliate Program Terms shall remain in full force and effect. You and us shall in good faith attempt to modify any invalidated provisions to carry out the stated intentions in Edugram Affiliate Program Terms.
- Waiver. The waiver of any breach of any provision under this Agreement by you or by us shall not be deemed to be a waiver of any preceding or subsequent breach, nor shall any waiver constitute a continuing waiver.
- Marketing. You agree that Edugram may identify you as a Edugram Affiliate and may use your name and/or logo solely for such purpose in its marketing materials. Any other uses of your name and/or logo not otherwise described or contemplated herein shall require your prior written consent.
- Amendment. Edugram have the right to change, modify or amend (“Change”) these Edugram Affiliate Program Terms, in whole or in part, by posting a revised Edugram Affiliate Program Terms on edugram.com. Your continued use of the Edugram Services after the date of such Сhange shall be deemed your acceptance of the revised Edugram Affiliate Program Terms. The information about the previous versions of Edugram Affiliate Program Terms you can find on edugram.com
- Assignment and Acknowledgement. You confirm that you have read, acknowledge and agree to all the terms and conditions of Edugram Affiliate Program Terms. You acknowledge that you have independently evaluated the desirability of accepting Edugram Affiliate Program Terms and are not relying on any representation, guarantee, or statement other than as set forth in Edugram Affiliate Program Terms. Neither party may assign this Agreement without the prior express written permission of the other party.
- Notices. All notices, requests, claims, demands and other communications regarding these Edugram Affiliate Program Terms are welcomed and should be addressed to: firstname.lastname@example.org