We agree to pay the following commissions on the following products sold by Beyond School:
- 30% of profits for each place sold for a LIVE Beyond The Classroom or Going Beyond School Bootcamp.
- 50% of profits for the digital version of the Going Beyond School Bootcamp.
We and you are independent contractors, and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us.
You have no authority to make or accept any offers or representations on our behalf and all sales by us are transactions solely between us and the purchasing customer.
We will provide links to our website and offerings, as well as promotional materials (such as graphics, calls to action, service/product descriptions) for you to display and share on your website, via email, via social media or by word of mouth.
Please do not use your own graphics without our approval; all graphics used must be approved by Beyond School.
We will do our best to track and associate any sales you make with your promotional activities; if you have a query about a sale you believe is incorrectly attributed (or unattributed to you), please contact us immediately for us to investigate the commission and re-assign if required.
You must have an active Paypal account in order to be paid commissions.
We are responsible for all aspects of order processing and fulfilment and the contract formed as a result of a customer making a qualifying purchase shall be between us and the customer and you shall not be a party to that contract.
You shall not act as a reseller of our products or services nor hold yourself out as our agent in any way.
Where a customer purchases on our site during the term of our agreement as a direct result of accessing our site via a link you’ve shared from your website(s) or your other promotional activities, we shall pay you the commission as agreed according to your affiliate agreement with us.
We reserve the right to reject applications from potential customers and to vary our prices and terms of and related products at any time at our absolute discretion.
We shall within 7 days of the start of each month, pay directly to your Paypal account, the amount of the commission fee earned by you a month in arrears, set out according to your affiliate referral calculations.
For the avoidance of doubt, commission shall cease to be payable on you ceasing to be our affiliate including in relation to ongoing subscriptions or renewal fees on Qualifying Purchases.
All qualifying purchases must be completed on our website.
No commission shall be payable in respect of:
(a) any payment received by us which is made by the fraudulent and/or criminal use of a credit card; or
(b) any payment on a credit card being declined or a cheque being returned; or
(c) if a customer receives a refund for a product or service
…and where a commission fee has been made in relation to such payments, the amount of such commission shall be deducted from the commission payable in subsequent months and if the agreement is terminated you shall repay such commission fee to us.
Commission fees shall not be paid on purchases of our services and/or products made by you.
We grant you a limited, non-exclusive, non-transferable, non-sub licensable, revocable right to use the graphic images and text provided by us solely for the purpose of creating and displaying promotional text and material about our products and services in accordance with these terms and conditions. We may revoke this license at any time by giving you written notice and this license terminated automatically on you ceasing to be an affiliate.
We reserve all rights in all graphics, images, text and other content provided to you together with all rights in our trade names, trademarks, domain names, copyrights and any other intellectual property rights owned by us.
You shall not present the links or any images or other content including the links in combination with any other name or mark, in connection with your own goods or services, or in any manner that may suggest or imply that you or your goods or services are supplied by, sponsored by, endorsed by or affiliated with us.
Our aggregate liability arising with respect to this agreement will not exceed the total commission fees paid to you under this agreement. We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this agreement, even if such damages were in the contemplation of either or both of us.
We make no express or implied warranties or representations with respect to the products or services sold through the site (including, without limitation, warranties of fitness, merchantability, non-infringement or any implied warranties arising out of a course of performance, dealing, or trade usage).
We make no representation that the operation of the site or the links will be uninterrupted or error-free, or will not be re-routed or “black holed.” We may at times be unable to capture information regarding the links and shall not be liable for the consequences of any such interruptions or errors.
We make no representation or warranty that the site, our trademarks and all content or other materials contained or displayed on any portion of the site do not and will not infringe upon or violate any rights of any third party, including without limitation any copyrights, trademarks, trade secrets, contract rights or privacy rights.
You are solely responsible for the development, operation and maintenance of your website and for all materials that appear on your website and you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, reasonable professional fees) relating to the development, operation, maintenance, and contents of your website.
Term and termination
The term of our agreement will begin upon our acceptance of your application to be an affiliate and will end when terminated by either party in accordance with the details below.
We are under no obligation to accept an application to be an affiliate.
Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party 7 day’s written notice.
We may terminate this Agreement at any time without notice if:
- we deem your website or other Marketing Materials unsuitable for our affiliate program;
- you have breached these terms and conditions in any way;
- you are in our opinion transmitting or otherwise connected with any ‘spam’ or any other form of unsolicited bulk email communication;
- your continued association with us may in our reasonable opinion adversely affect our goodwill or reputation; or
- you or us cease to carry on business, are declared bankrupt or enter into an insolvency or administration procedure.
Upon the termination of this Agreement for any reason you will immediately cease use of, and remove from your site, all links to our site, all of our trademarks and logos and all other materials provided by or on behalf of us to you.
Data Protection and regulations
You consent to us holding and processing data relating to you for legal, personnel, administrative and management purposes (“Affiliate Data”).
You consent to us making the Affiliate Data available to those who provide products or services to us (such as advisers), regulatory authorities, governmental or quasi governmental organisations and potential purchasers of us or any part of our business.
You consent to the transfer of the Affiliate Data to our business contacts outside the European Economic Area.
You shall, in being an affiliate, comply with all provisions of the Data Protection Act 1998 and in particular the 8 data protection principles.
You shall in all circumstances comply with the provisions of the CAP Code in relation to any Marketing Materials (in particular as to not making any misleading or exaggerated statements about the products or the services that you are promoting as part of this agreement).
We may vary these terms and conditions at any time. The latest version of these terms and conditions shall be as posted on our site or (provided that you have provided us with a valid up-to-date email address for you) emailed to you. Your continued acting as an affiliate constitutes your acceptance of any new or updated or amended terms and conditions.
No failure or delay by us to exercise any right or remedy provided under these terms and conditions and the resulting agreement between us or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy.
The agreement between us is personal to you and you may not, without our prior written consent, assign, transfer, sub-contract, delegate or deal in any other manner with such agreement. We may assign our agreement with you at our discretion and without providing you with notice.
These terms and conditions and the resulting agreement between us constitutes the entire agreement between us and supersedes all prior agreements, communications and proposals.
Governing law and jurisdiction
These terms and conditions and the agreement between us and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. We each irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).