Crypto Investor Course | Affiliate Agreement

Affiliate Agreement

THIS IS A LEGAL AGREEMENT

Last updated: January 27, 2022

OVERVIEW

This is an agreement between you (herein "You" or "Your") and Crypto Investor Course, LLC. (herein “Crypto Course” or “we”). Please read these Terms of Service/Use, the cryptoinvestorcourse.com Privacy Notice, the cryptoinvestorcourse.com Conditions of Use, and the other applicable rules, policies, and terms available at the cryptoinvestorcourse.com website, or on or through the Crypto Course Software (collectively, this “Agreement”) before accepting this Affiliate Agreement. By applying to be an independent Affiliate, you agree to be bound by the terms of this Agreement and others referenced and incorporated herein. If you do not accept the terms of this, do not apply to be an Affiliate. Any section headings provided herein are for ease of use and have no legal meanings.

Crypto Course may offer you an opportunity to become an independent Crypto Course Affiliate (“Affiliate”), wherein you have the opportunity to earn additional money for Crypto Course products, services and accounts that you sell. Crypto Course 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 Crypto Course Terms of Services, 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, Crypto Course’s Affiliate program. By clicking “I Accept the Terms and Conditions” and submit in the sign-up/apply form, 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. Please note that this constitutes a “click through agreement”, which is similar to signing an agreement with your physical signature, and is enforceable under the laws of the United States and its territories.

SECTION 1 - PARTIES  All references to “Crypto Course” herein means and refers to Crypto Investor Course, LLC., doing business as Crypto Course.  All references to “You” and “Your” mean and refer to the person or entity who has executed this Agreement.  Crypto Course and You are each referred to herein as a “Party,” and collectively as the “Parties.” You agree to notify us in writing if the legal name of your business or account ownership changes within twenty-four (24) hours of such change and You certify that all such information is truthful and accurate. Notice of such changes should be uploaded via our Contact Page. Alternatively, you may email those changes to us by requesting the specific email address to use.

SECTION 2 - APPLICATION  You agree to provide all information requested by Crypto Course in connection with Your Affiliate application, and You affirm that all information that You provide is truthful and accurate. You understand and agree that Crypto Course retains sole and exclusive discretion to determine whether You qualify for participation in Crypto Course’ Affiliate program. Not everyone who applies for Crypto Course’s 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, whether by Crypto Course or a third-party on behalf of Crypto Course. 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 Crypto Course, You will receive a unique Affiliate ID. The Affiliate ID will be incorporated within each URL which You will use to advertise Crypto Course. 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 Crypto Course in a month (“Commission”). Except as otherwise provided herein, Commission payments will be paid on the 1st of each month following Crypto Course’s receipt of payment for a Sold Account, subject to the other terms of this Agreement.  In the event the 1st 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 Crypto Course, less sales taxes and applicable third party fees.

The amount of Commissions are as follows and are based on performance:

• Badge Commission (applicable to everyone): 15%.
• Level 1 Affiliate (1-10 sales): 15% Commission.
• Level 2 Affiliate (11-25 sales): 20% Commission.
• Level 3 Affiliate (26-74 sales): 25% Commission.
• Level 4 Affiliate (75-99 sales): 35% Commission.
• Level 5 Affiliate (100+ sales): 40% Commission.

Initial approval into the Crypto Course’s Affiliate Program grants you access to promote select front-end offerings (the Front-End Affiliate). You will receive a Commission on these offerings based on the provided commission scale. After you have earned $1,000 USD Commission in a single calendar month, you will become eligible to apply for “Open Affiliate”, a program whereby you can promote front-end offerings as well as additional services and/or products provided by Crypto Course.

Open affiliates who demonstrate exemplary compliance with all terms of this Agreement and who also maintain 40 unique Crypto Course paid enrollments on a monthly basis (Crypto Course accounts must be sold at $97 or above) may qualify for “Qualified Affiliate” status, which determination shall be in Crypto Course’s sole and exclusive discretion. For avoidance of doubt, an Affiliate can receive both static Badge Commission and Affiliate Commissions simultaneously.

All Commissions are paid in U.S. Dollars (USD) or otherwise in currencies offered by the payment provider.  Some payment methods may incur processing fees that may be deducted from Your Commission/s payment. Your combined Commission must equal or exceed One Hundred and 00/100 Dollars ($100.00) (USD) before You receive a payment from Crypto Course. If Your combined Commissions and Legacy Bonuses in a 120-day period do not exceed $100.00 (USD) Your Commissions will not be paid and will be forfeited by You to Crypto Course.

Once a Commission of $100 (USD) or more is earned, You will need to register with our third-party payment provider to receive payment of Commissions. This means You are authorizing third party companies to contact You.  Before You can be paid any Commission or Legacy Bonus, You must provide Crypto Course a completed W-8 or W-9 tax form, as instructed by Crypto Course, as well as any supporting documentation requested by Crypto Course or its third-party payment provider. You will be deemed to have permanently waived all rights to Commissions that were earned more than 120 days before submitting a completed W-8 or W-9 tax form or any ancillary supporting documentation that is requested to confirm the information on your tax form. If You are not a resident of the United States, Crypto Course may withhold tax (including without limitation VAT) where required by applicable law. You are solely responsible for complying with all tax laws in Your respective jurisdiction(s) including, but not limited to, the payment of all required taxes, and filing of all returns and other required documents with, the applicable governing body(ies).

Affiliates will not be paid any Commissions for payments made on Affiliate’s own user account(s). Affiliates are not permitted to open a Crypto Course account under the name of another person or entity, under a fictitious name, or under any name merely for the purpose of obtaining Commissions or any other compensation.  Affiliates may not pay for another person’s or entity’s account. Affiliates are not permitted to offer cash rebates or other monetary incentives to obtain Sales. This is strictly prohibited.

Commissions are paid only for complete sales transactions that actually occur between Crypto Course in which a customer enrolls into a course or purchases a service and/or product and that payment is received by Crypto Course. If payment for a course and/or product and/or service later results in a refund or chargeback, and if a Commission was paid to You, that payment will be deducted from Your future Commissions without exception.  

If Crypto Course determines, in its sole and exclusive discretion, that any Sale was procured fraudulently or as a result of any violation of this Agreement or applicable law, no Commission will be paid for such Sale and, for past sales, such payment amounts shall be deducted from Your future Commissions, and Crypto Course may terminate this Agreement immediately, without notice, and without Crypto Course having any liability to You whatsoever.

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 Crypto Course 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 Crypto Course or otherwise, Crypto Course may take any action that it deems necessary, including without limitation to terminating the Agreement or suspending 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 2%, we may terminate this Agreement or suspend your access to the Website at any time without notice to You. In such instances as described above, and in our sole discretion, we may 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 and any other payments owed to You or that may in the future be owed to You without any further liability by Crypto Course 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 Crypto Course account.

SECTION 6 - ADDITIONAL REPRESENTATIONS AND WARRANTIES  In addition to Your other representations and warranties herein, You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against You by the Federal Trade Commission (“FTC”), any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against You which relate to alleged intentional torts or alleged violation of any consumer protection or advertising laws.  If You become the subject of such an investigation, inquiry, prosecution, or lawsuit any time after this Agreement is executed, You are required to notify Crypto Course of the same within 24 hours. Crypto Course, in its sole and exclusive discretion, may immediately terminate Your participation in Crypto Course’ Affiliate program, as well as immediately terminate this Agreement, based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph.  

SECTION 7 - ENTIRE AGREEMENT This Agreement, Appendix A below, along with Crypto Course’s standard Terms of Service, represents the entire agreement between the Parties and supersedes any other written or oral agreement between the Parties as pertaining to Your Affiliate application and, if approved, Your rights and responsibilities as an Affiliate.

Appendix A

Additional Terms of the Affiliate Agreement and Advertising Rules

These Advertising Rules apply to all activities of Affiliate:

1.  General Compliance. Affiliate shall publish or otherwise distribute advertisements in strict compliance with all applicable laws and regulations, including without limitation, laws prohibiting deceptive and misleading advertising and marketing, email marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), data protection laws (including but not limited to the European Union General Data Protection Regulation, U.K. Data Protection Act, California Consumer Privacy Act, and Brazilian General Data Protection Regulation), laws governing testimonials (including the FTC’s Revised Endorsements and Testimonials Guides (16 CFR Part 255 of the Code of Federal Regulations)), and all guidelines issued by the FTC. Affiliate is solely responsible for ensuring Affiliate’s compliance with all laws. Affiliates are strictly prohibited from making claims concerning the products and services offered by Crypto Course that are inconsistent with, or beyond the scope of marketing materials produced and made available by Crypto Course on Crypto Course website cryptoinvestorcourse.com Affiliate is prohibited from publishing or otherwise distributing advertisements by telemarketing, fax, or text messaging in any form to any device.  Affiliate shall not offer monetary incentives, such as rewards points, cash, or prizes to Prospects in return for their response to an advertisement. Affiliate may, however, offer Prospects information and materials of tangible value including, but not limited to, website templates, information about e-commerce, website design, and online marketing, for reduced or no charge, but only so long as Affiliate accurately describes and delivers such information and materials to the Prospect. Crypto Course retains the sole and exclusive discretion to determine whether Affiliate’s advertising and conduct is in compliance with all laws (but Crypto Course shall not be required to advise Affiliates on such matters).

2.  Disclosure.  On any website that Affiliate advertises any Crypto Course service or product, Affiliate must plainly display (i.e., not in a link, or in small font)  disclaimer language, such as:

Disclosure: I am an independent Crypto Course Affiliate, not an employee.  I receive referral payments from Crypto Course.  The opinions expressed here are my own and are not official statements of Crypto Course or its parent company East Haddon Holdings, Inc.

3.  Non-Disparagement.  Affiliate is not permitted to comment negatively about or disparage the products or services of Crypto Course or any other person or entity, including without limitation the products or services of a Crypto Course competitor.  Affiliate is not permitted to engage in any unlawful or deceptive actions with respect to search engine optimization, including, but not limited to, using any technique that generates paid search results based on any trademarks of Crypto Course, any brand name of Crypto Course, or based on the trademarks or brand name of any competitor of Crypto Course, or any other third party.  Affiliate shall not direct link to a Crypto Course’s sales page from any paid advertising.

4.  Social Media.  If Affiliate advertises on Instagram or YouTube, then each post must comply with all of the following:

• Each post must contain @CryptoInvestorCourse or #CryptoInvestorCourse.
• Each post must contain #ad in a clear and conspicuous location before the text of the description and in all events before the “More” button.
• Each Instagram post must use Instagram’s “Paid Partnership” tool.
• Each YouTube post must contain the word “Ad,” “Advertisement,” “Promotion,” or “Paid Partnership” within the video itself in a font size that is clearly recognizable to the viewer and which appears persistently throughout the length of the video in the top right hand portion of the video.

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.

5.  Income and Business Opportunity Claims.  Affiliates are expressly prohibited from making any claims that use of Crypto Course will guarantee that the user will make money.  If Affiliate’s recruiting efforts include claims related to income Affiliate has made from using Crypto Course 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 Crypto Course is or provides investing advice, investing services, financial advice, financial services, financial planning, a business opportunity, franchise opportunity, a “business-in-a-box,” or an assisted marketing plan.

6.  Crypto Course’s Trademarks.  No logo, tagline, trademark, trade name, or trade dress (collectively, the “Crypto Course Trademarks”) owned by Crypto Course may be used, copied, or reproduced by any Affiliate except as set forth below.  No Crypto Course intellectual property (or any mark confusingly similar to any Crypto Course 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 “Crypto Investor Course” trademark to advertise Crypto Course online. Affiliate may not use “Crypto Investor Course” or other Crypto Course’s trademarks as part of any URL, domain or website name. Crypto Course retains exclusive ownership of all Crypto Course’s Trademarks, Servicemarks, 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 Crypto Course’s intellectual property.

7.  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 using Crypto Course’s website contact form.

8.  Independent Contractor.  Affiliates are independent contractors of Crypto Course. It is the express understanding and intention of the Parties that no relationship of master and servant nor principal and agent shall exist between Crypto Course and You by virtue of this Agreement. You have no right to act on behalf of or bind Crypto Course in any way, nor share in the profits or losses of Crypto Course. 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.

9.  NO WARRANTY; NO LEADS. Crypto Course does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that Crypto Course will not at any time provide sales leads or referrals to You. You understand and agree further that this is not investing advice, investing services, financial advice, financial services, financial planning, a business opportunity, 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.

10. LIMITATION OF LIABILITY.  EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL CRYPTO COURSE OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER CRYPTO COURSE HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES.  THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.

WITHOUT LIMITING THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY TERMS IN CRYPTOINVESTORCOURSE.COM CONDITIONS OF USE AND/OR TERMS OF SERVICE, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL CRYPTO COURSE’S AGGREGATE LIABILITY WITH RESPECT TO ANY CLAIM ARISING FROM OR RELATED TO THIS AGREEMENT OR YOUR PARTICIPATION AS AN AFFILIATE EXCEED ONE DOLLAR ($1.00).

11. THE FORMATION, CONSTRUCTION, PERFORMANCE AND ENFORCEMENT OF THIS AGREEMENT, DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND ALL OTHER TERMS IN CRYPTOINVESTORCOURSE.COM CONDITIONS OF USE AND OTHER SUCH AGREEMENTS ENTERED INTO BY USING CRYPTO COURSE SERVICES, THIS WEBSITE, OR BY YOUR SIGNATURE SHALL BE IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES AND THE STATE OF OKLAHOMA WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS OR THE CONFLICT OF LAW PROVISIONS OF ANY OTHER JURISDICTION. IN THE EVENT OF ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO THIS AGREEMENT, CRYPTO COURSE SOFTWARE, CRYPTO COURSE SERVICES, OR ANY OTHER AGREEMENT YOU ENTER INTO WITH CRYPTO COURSE, YOU AGREE TO ATTEMPT TO RESOLVE ANY DISPUTE BY NEGOTIATION BETWEEN YOURSELF AND CRYPTO COURSE. IN THE EVENT THE PARTIES ARE UNABLE TO RESOLVE THE DISPUTE, EITHER PARTY MAY FILE AN ACTION SPECIFICALLY IN A COMPETENT COURT IN CLEVELAND COUNTY, OKLAHOMA. YOU HEREBY WAIVE ANY JURISDICTIONAL OR VENUE DEFENSES AVAILABLE TO YOU, AND FURTHER CONSENT TO SERVICE OF PROCESS BY MAIL.

12. Indemnity.  You agree to protect, defend, indemnify and hold harmless Crypto Course, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limitation arising out of Your conduct, acts, or omissions related to Your application and/or performance of this Agreement including, but not limited to, any breach of this Agreement.  Your indemnity obligation includes, but is not limited to, any third party claim against Crypto Course for liability or payments for damages caused by, or other liability relating to, You.  This provision expressly survives the termination of this Agreement.
13. 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.
14. Modification/Amendments.  This Agreement and Crypto Course’s standard Terms of Service may be modified by Crypto Course 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 Crypto Course. 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.