Book Excellence Awards Partner Agreement
This Partner Agreement sets forth Your rights and obligations as a Book Excellence Awards Partner. By being a Book Excellence Award Partner You indicate that You have read and understood this Agreement and You will comply with the terms.
All references to “Book Excellence Awards” herein mean and refer to Book Excellence, and the Book Excellence Award’ owner(s), parent company(ies), Partner entities, employees, and assigns.
All references to “You” and “Your” mean and refer to that Book Excellence Awards Partner who has executed this Agreement by becoming a Book Excellence Awards Partner. Book Excellence Awards and You are each referred to herein as a “Party,” and collectively as the “Parties.”
You are an independent contractor of the Book Excellence Awards, not an employee. There is no relationship of principal and agent that shall exist between Book Excellence Awards and You by virtue of this Partner Agreement.
You will receive a unique Coupon Code (herein referred to as “Coupon Code”), which You will use to advertise Book Excellence Awards. You will share Your Coupon Code with another person or other people (herein referred to as “Prospect”). A Sale or Sold Application occurs when the Prospect pays for their Book Excellence Awards Entry using Your Coupon Code.
You will be paid a commission (herein referred to as “Commission”) for each Sold Application. The Commission amount is 30% of all fees received by Book Excellence Awards for a Sold Application. Commission payments will be made to You on or before 30 days following Book Excellence Awards’ receipt of payment for a Sold Application, subject to the other terms set forth herein.
From time to time, the Book Excellence Awards may discount the price of the Book Excellence Awards application fee which will affect Your Commission. In the event the Book Excellence Award application fee is discounted, You will receive a 30% Commission calculated based on the final discounted price.
COMMISSION PAYMENT METHOD
We pay You through PayPal using the PayPal email address you provided upon signing up to be a Book Excellence Award Partner. All Payments are issued in US dollars. Payments are issued on March 31st, June 30th, September 30th and December 31st of each year.
MINIMUM COMMISSION PAYMENT
Your combined commission amount must equal or exceed Fifty Dollars ($50.00) before You receive a payment from the Book Excellence Awards. If Your combined commissions for a given month are less than $50.00, Your commissions will be held until Your combined commissions equals or exceeds $50.00.
You will not be paid any Commission until You provide the Book Excellence Awards with your Legal Name or Business Legal Name, Address and Tax Identification Number so We can complete your T4A or T4A-NR forms. You are responsible for any and all tax liabilities, including without limitation income tax liabilities that arise from or in any way relate to any commissions You receive from Book Excellence Awards. The Book Excellence Awards may withhold tax where required to by applicable law. Where Book Excellence Awards is required to withhold tax, Book Excellence Awards will document such withholding.
COMMISSION PAID FOLLOWING LEGITIMATE SALE
Commissions are paid only for transactions that result in a Sale or Sold Application. If the transaction does not actually occur, or if payment from a Sale is not actually received by Book Excellence Awards, You will not be paid a Commission on the transaction.
If the Book Excellence Awards determines, in its reasonable discretion, that any Sale was procured fraudulently or as a result of any violation of this Agreement, no Commission will be paid for such Sale and Your account will be closed.
If any Commissions are paid for a Sale that was produced fraudulently or as a result of any violation of this Agreement, and the fraud or violation is discovered by Book Excellence Awards after payment, You will not receive any current or future commissions and Your account will be closed.
If payment for a Sold Application later results in a refund, and if a commission was paid to You for that Sold Application, then the commission will be deducted from Your future commissions.
USING YOUR OWN COUPON CODE
As a Book Excellence Award Partner, if You purchase the Book Excellence Award Entry using Your own Coupon Code, your Commissions will be void. You are not permitted to open a Book Excellence Awards account under the name of another person or entity, or under a fictitious name. You are not permitted to apply to the Book Excellence Awards under any name merely for the purpose of obtaining discounts or rebates, or any other compensation. You are not permitted to offer cash rebates or other monetary incentives to actual or potential Sales. Violation of this paragraph shall constitute a material breach of this Agreement, and You agree to forfeit any current or future Commissions payable to You and Your account will be closed as a result of any such violation.
MARKETING AND PROHIBITED ACTIVITY
Anything You communicate in marketing or advertising the Book Excellence Awards must be true and accurate. Claims that relate to the Book Excellence Awards that are untrue or fraudulent are strictly prohibited. The Book Excellence Awards has the right to terminate this Agreement at any time if You engage or have ever engaged in any of the following:
A. HARMFUL ACTS
Any dishonest or unethical business practice; any violation of the law; infliction of harm to the Book Excellence Awards’ reputation; and the violation of the rights of the Book Excellence Awards or any third party. You are not permitted to disparage the products of services of any other person or entity, including without limitation the products or services of a competitor of the Book Excellence Awards.
B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS
Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations will be deemed a material threat to the Book Excellence Awards’ reputation and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with the law.
C. OFFENSIVE COMMUNICATIONS
Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.
D. NEGATIVE MARKETING
You are prohibited from using negative, defamatory and offensive language (herein referred to as Offensive) when advertising the Book Excellence Awards including but not limited to “Is This a Scam?”, “Money Making Scheme”, “Pay to Play” or other such phrases that would harm the reputation of the Book Excellence Awards. You may not claim that any government, person, or entity endorses or supports Book Excellence Awards. You may not use the intellectual property of any other person or entity in advertising the Book Excellence Awards.
Use of Negative Marketing, Untrue Statements or False Claims will get ALL Your current and future commissions forfeited and You will not be allowed to promote any future products from the Book Excellence Awards. In the event that the use of Negative Marketing, Untrue Statements or False Claim are not removed immediately, we reserve the right to take legal action.
E. ADVERTISING METHODS
You are not permitted to use any keyword based advertising (such as search engine PPC) targeting a keyword of “Book Excellence Awards”, “Book Excellence” or any of its brands.
You may not use your Coupon Code on any of the Book Excellence Awards and/or Book Excellence webpages or social media including but not limited to the comments section or anything equivalent.
If required, we may ask to review the following information: your full name, phone number, methods of promotion (e.g. email marketing, social media, blog etc) and proof of the methods used to promote your Coupon Code (e.g. screenshot, ads, receipts etc.)
DISCLAIMER AND INCOME CLAIMS
On any website, email or social media platform that You advertise the Book Excellence Awards, You must plainly display (i.e., not in a link, or in small font) the following disclaimer language:
Disclosure: I am an independent Book Excellence Awards Partner, not an employee. I receive referral payments from the Book Excellence Awards. The opinions expressed here are my own and are not official statements of the Book Excellence Awards.
If Your recruiting efforts include claims related to the potential income a Book Excellence Awards Partner can make, or if You make reference to income You have made, or if You make reference to any lifestyle opportunities You have because of Book Excellence Awards, the following guidelines must be adhered to:
1. Your statements must be true, accurate and supported by evidence;
2. If You use a hypothetical scenario, You must clearly label it as hypothetical; and
3. Your statements must be accompanied by the Book Excellence Awards income disclosure statement.
No logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information (collectively, the “Book Excellence Awards Intellectual Property”) owned by Book Excellence Awards may be used, copied, or reproduced by You except as set forth below. No Book Excellence Awards Intellectual Property (or any mark confusingly similar to any Book Excellence Awards Intellectual Property) is to be advertised for sale or registered as a domain name by You in any fashion. When using any Book Excellence Awards Intellectual Property, You must do so in a way that is not likely to confuse readers or cause them to think that You are speaking on behalf of the Book Excellence Awards. You are not permitted to register and/or use domain names containing any of the following terms including but not limited to “Book Excellence Awards” or “Book Excellence.” You may not at any time give away any Book Excellence Award materials (e.g. eBook, Report, Guide) under any circumstances without prior written consent of the Book Excellence Awards. In order to use any Book Excellence Awards Intellectual Property, the Book Excellence Awards must give their express written consent.
You agree to protect, defend, indemnify and hold harmless Book Excellence Awards, Book Excellence, 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 limit arising out of the Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against Book Excellence Awards for liability for payments for, damages caused by, or other liability relating to, You.
The Book Excellence Awards does not guarantee or warrant Your business success, income, or sales. The Book Excellence Awards’ websites and services are provided “as is” without warranty of any kind, either express or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose and noninfringement. The Book Excellence Awards makes no representation or warranty as to the accuracy, reliability, timeliness or completeness of any material on or accessible through any Book Excellence Awards website or service. Any reliance on or use of such materials shall be at your sole risk.
The Book Excellence Awards does not guarantee or warrant that:
(a) Access to any Book Excellence Awards website or services or the servers or networks through which any Book Excellence Awards’ website is made available will be uninterrupted, error-free, free of viruses or other harmful components or secure; or
(b) Defects or errors on the Book Excellence Awards website or services will be corrected.
LIMITATION OF LIABILITY
You waive any right to special, indirect or consequential damages of any kind or description.
You waive all rights to put forth any legal action or join a class action against the Book Excellence Awards, and Book Excellence’s owner(s), parent company(ies), Partner entities, employees, and assigns.
TERM AND TERMINATION
Your contract with Book Excellence Awards begins when You become a Book Excellence Awards Partner and start using your Book Excellence Awards Coupon Code. Your contract will continue until either:
A. The Book Excellence Awards cancels Your account due to Your breach of any of the terms of this Agreement. In the event of a breach by You, You forfeit all Commissions owed to You or any future Commissions.
B. The Book Excellence Awards, in its sole and absolute discretion, cancels Your Partner Agreement. In the event that the Book Excellence Awards cancels Your Partner Agreement, You will first receive thirty days’ written notice, sent to the e-mail address you provided.
RIGHT TO CLOSE
We reserve the right to close the partner program at any time. In the event that the Partner Program closes, we will pay out all remaining Commissions.
The Book Excellence Awards will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event including but not limited to any act of God, nature or the elements, terrorism, piracy, labor strikes, acts of public enemies, rules and regulations of any governmental authorities having jurisdiction over the premises, or any other causes beyond the control of the Book Excellence Awards. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement.
The Book Excellence Awards may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned without the Book Excellence Awards’ express written consent.
You are responsible for ensuring that You and Your promotions are compliant with your own country’s consumer protection and competition laws.
This Agreement shall be governed, construed, and interpreted in accordance with the laws of Ontario, Canada without regard to any choice of law provisions.
Nothing in this Agreement prevents the Book Excellence Awards from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect the Book Excellence Awards’ rights.
This Agreement and the Book Excellence Awards’ standard Terms and Conditions may be modified by Book Excellence Awards at any time, with or without prior notice to You. Amendments or Modifications to this Agreement or the Terms and Conditions will be binding when they are sent to You via e-mail, or are posted on the Book Excellence Awards website. No amendment to this Agreement or the Terms and Conditions shall be valid unless authored or signed by Book Excellence Awards. Your continued acceptance of Commission payments constitutes Your acceptance to any modifications or amendments to this Agreement.
No waiver by the Book Excellence Awards of any right reserved or granted to the Book Excellence Awards under this Agreement shall be effective unless the waiver is in writing and signed by an authorized representative of the Book Excellence Awards.
Any notice required to be given to the Book Excellence Awards under or related to this Agreement shall be in writing and sent to our support team through one of the contact methods provided.
The Book Excellence Awards will send notices to You at the e-mail address You provided to Book Excellence Awards. Any notices shall be deemed delivered to You when sent by Book Excellence Awards. You are solely responsible for addressing any technical failures related to Your e-mail address or server, and for reading any e-mail sent to You.
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 and Conditions, as so modified, shall continue in full force and effect.
This Agreement, along with the Book Excellence Awards’ standard Terms and Conditions represents the entire agreement between the Parties and supersedes any other written or oral agreement between the Parties as pertaining to Your rights and responsibilities as a Book Excellence Awards Partner.