Kelas Design Affiliate Agreement
Kelas Design may offer you an opportunity to become an independent Kelas Design Affiliate (“Affiliate”), wherein you have the opportunity to earn additional money for Kelas Design products, services and accounts that you sell. Kelas Design reserves the sole and exclusive right to determine the amount of remuneration each Affiliate will receive in exchange for the Affiliate’s efforts. Affiliate commission is further discussed herein. See also Kelas Design Terms of Service, which apply to you in your role as Affiliate, unless otherwise expressly provided for.
This Affiliate Agreement (“Agreement”) governs Your application for, and any subsequent participation in, Kelas Design’ Affiliate program. By clicking “I Accept the Terms and Conditions” and submit, You thereby accept the terms of this Agreement, You indicate that You have read and understood this Agreement, and agree that You are bound by its terms.
SECTION 1 – PARTIES All references to “Kelas Design” herein means and refers to Design Academy, doing business as Kelas Design. All references to “You” and “Your” mean and refer to the person or entity who has executed this Agreement. Kelas Design and You are each referred to herein as a “Party,” and collectively as the “Parties.”
SECTION 2 – APPLICATION You agree to provide all information requested by Kelas Design in connection with Your Affiliate application, and You affirm that all information that You provide is truthful and accurate. You understand and agree that Kelas Design retains sole and exclusive discretion to determine whether You qualify for participation in Kelas Design’ Affiliate program. Not everyone who applies for Kelas Design’ Affiliate program will qualify to participate.
SECTION 3 – CONSENT TO BE CONTACTED You expressly consent to be contacted at the email address and the phone number You provide in Your application about Your application and the Affiliate program, including through automated dialing systems, texts and artificial or pre-recorded messages. This consent is a material condition of this Agreement and may not be revoked except in writing by both Parties.
SECTION 4 – COMPENSATION If Your application to become an Affiliate is approved by Kelas Design, You will receive a unique Affiliate ID. The Affiliate ID will be incorporated within each URL which You will use to advertise Kelas Design. You will have the opportunity to receive a commission for each sale (“Sale”) that is registered using Your Affiliate ID.
In the event that a prospect (“Prospect”) has multiple Affiliate cookies (“Cookies”), the most recently-acquired Cookie will determine which Affiliate is credited with a Sale. There are some products and services sold that do not have trial periods.
Provided that the Sold Account (as defined below) remains in good status within thirty (30) days from the Sale, You will be paid a commission for each Sold Account that generates a payment to Kelas Design in a month (“Commission”). Except as otherwise provided herein, Commission payments will be paid on the 1st and 15th of each month following Kelas Design’ receipt of payment for a Sold Account, subject to the other terms of this Agreement. In the event the 1st or 15th of each month falls on a holiday, Commission payments will be paid on the business day preceding the holiday. All Commission payments are based on the amount of fees received by Kelas Design, less sales taxes.
The amount of Commissions are as follows:
1. Full Stack WordPress Design : 40%
2. E-Commerce Secret Class : 40%
*Initial approval into the Kelas Design’ Affiliate Program grants you access to promote select front-end offerings (the Front-End Affiliate). You will receive a 40% Commission on these offerings. Please alert that the last affiliate who referred the customer will get the credit
All Commissions and Legacy Bonuses are paid in Ringgit Malaysia (RM / MYR). You will be paid according to your sales. Please refer to your dashboard. There is no minimum amount for us to deposit to your account.
If Kelas Design determines, in its sole and exclusive discretion, that any Sale or Legacy Sale was procured fraudulently or as a result of any violation of this Agreement or applicable law, no Commission or Legacy Bonus will be paid for such Sale or Legacy Sale and, for past sales, such payment amounts shall be deducted from Your future Commissions and Legacy Bonuses, and Kelas Design may terminate this Agreement immediately without Kelas Design having any liability to You.
SECTION 5 – TERM AND TERMINATION The term of this Agreement will begin the earlier of (i) when You click “I accept the Terms and Conditions” and submit; or (ii) Your participation in the Affiliate program is approved. Your participation in the Kelas Design Affiliate program will continue month-to-month until terminated. Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party thirty (30) days’ written notice of termination. If, in our sole discretion, You fail, or we suspect that You have failed, to comply with any term or provision of the Agreement or the Terms of Service, or violated any law, whether in connection with Your use of Kelas Design or otherwise, we may terminate the Agreement or suspend Your access to the Affiliate website (“Website”) at any time without notice to You. In addition, if, based on our data, you have a dispute rate greater than 10%, we may terminate this Agreement or suspend your access to the Website at any time without notice to You. In such an instance, and in our sole discretion, we may also for the aforementioned reasons, terminate our relationship and suspend any accounts owned/controlled by You. For the avoidance of doubt, and without limitation for purposes of the foregoing, any violation of the required disclosure will be deemed a material breach of this Agreement. See Appendix A, Section 2, Disclosure. In the event this Agreement is canceled due to Your breach, You immediately forfeit all Commissions, Legacy Bonuses, and any other payments owed to You or that may in the future be owed to You without any further liability by Kelas Design to You. This Agreement will terminate automatically if You earn no (zero) Commissions over a 12 month period.
If this Agreement is terminated or canceled, then all provisions that, by their nature, should survive, will survive, including, but not necessarily limited to, all limitations of liability, disclaimers of warranties, indemnity obligations, mandatory arbitration and class action waiver provisions, and exceptions to arbitration. All representations and warranties undertaken by You shall also survive termination or cancellation of this Agreement and/or Your Kelas Design account.
SECTION 6 – SOCIAL MEDIA. If Affiliate advertises on Instagram or YouTube, then each post must comply with all of the following:
Each post must contain @Kelas Design or #Kelas Design.
If Affiliate is advertising on other forms of written social media (e.g., Facebook, Twitter), Affiliate must comply with the above disclosure restrictions as applicable to each form of social media. Affiliate must also comply with all rules of each social media platform that Affiliate uses.
Income and Business Opportunity Claims. Affiliates are expressly prohibited from making any claims that use of Kelas Design will guarantee that the user will make money. If Affiliate’s recruiting efforts include claims related to income Affiliate has made from using Kelas Design or as an Affiliate, the following guidelines must be adhered to:
(a) Affiliate’s statements must be completely true and accurate and supported by evidence of Affiliate’s experience; and
(b) Affiliate’s statements must be accompanied by the following disclaimer in clear and conspicuous font and placement: “These were my results. Your results will vary based on a variety of factors including Your education, effort, and market factors. There is no guarantee You will make any money.”
Affiliate is also expressly prohibited from making any express or implied claims that Kelas Design is or provides a business opportunity, franchise opportunity, a “business-in-a-box,” or an assisted marketing plan.
Kelas Design’ Trademarks. No logo, tagline, trademark, trade name, or trade dress (collectively, the “Kelas Design Trademarks”) owned by Kelas Design may be used, copied, or reproduced by any Affiliate except as set forth below. No Kelas Design intellectual property (or any mark confusingly similar to any Kelas Design intellectual property) is to be registered as a trademark in any country or registered as a domain name by Affiliate in any way in any country.
Subject to the restrictions below, approved Affiliates are granted a limited, revocable, non-transferrable, and non-assignable license to use the “Kelas Design®” trademark, to advertise Kelas Design online. Any time Affiliate uses the word “Kelas Design” it must be immediately followed by “®”. Affiliate may not use “Kelas Design” or other Kelas Design’ trademarks (including those at this link, which may be updated from time to time ) as part of any URL, domain or website name.
Kelas Design retains exclusive ownership of all Kelas Design’ Trademarks and other intellectual property and all of its rights therein. Affiliate shall not promote or provide services to any other business or person that is infringing any of Kelas Design’ intellectual property.
Complaint Notification. Affiliate must notify Company of any complaint received by Affiliate regarding any advertisements within twenty-four (24) hours of receiving such complaint. Notice should be sent to [email protected] Design.com.
Independent Contractor. Affiliates are independent contractors of Kelas Design. It is the express understanding and intention of the Parties that no relationship of master and servant nor principal and agent shall exist between Kelas Design and You by virtue of this Agreement. You have no right to act on behalf of or bind Kelas Design in any way, nor share in the profits or losses of Kelas Design. The only compensation available to You is set forth in this Agreement. You are solely and exclusively responsible and liable for all of Your acts or omissions.
NO WARRANTY; NO LEADS. Kelas Design does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that Kelas Design will not at any time provide sales leads or referrals to You. You understand and agree further that this is not a business opportunity, a franchise opportunity, a “business-in-a-box,” or an assisted marketing plan. You are responsible for procuring and paying for any and all materials and resources necessary to operate as an Affiliate as You determine in Your sole discretion.
As explained in Kelas Design’ Terms of Service, any controversy or claim arising out of or related to this Agreement or Your relationship with us that cannot be resolved through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the Office Of The Chief Registrar Federal Court Of Malaysia, and judgment on the award rendered may be entered in any court having jurisdiction thereof. The sections of the Terms of Service entitled “DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER,” “Kelas Design’ ADDITIONAL REMEDIES,” and “GOVERNING LAW AND VENUE” are expressly incorporated herein by reference. Please review the Terms of Service for more information.
Severability. In the event any provision of this Agreement is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and the Terms of Service, as so modified, shall continue in full force and effect.
Modification/Amendments. This Agreement and Kelas Design’ standard Terms of Service may be modified by Kelas Design at any time, with or without prior notice to You. Amendments or modifications to this Agreement or the Terms of Service will be binding on You when they are sent to You via email, or are posted in the affiliate center. No amendment to this Agreement or the Terms of Service shall be valid unless prepared or signed by Kelas Design. Your continued acceptance of Commission or Legacy Bonus payments constitutes Your acceptance to any modifications or amendments to this Agreement and the Terms of Service.
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