Marketing Affiliate Program Information
- Marketing Affiliate Program Agreement
- Educating AMY Ltd Affiliate Program Policies
- Promoting Educating AMY
- Educating AMY's Content Usage Guidelines
- Educating AMY TRADEMARK USAGE GUIDELINES
Please take time to read the below agreement, policies, content usage guidelines as well as our trademark usage guidelines. You can refer back to this page any time!
Marketing Affiliate Program Agreement
Last Modified: July 21st, 2022
PLEASE READ THIS MARKETING AFFILIATE PROGRAM AGREEMENT CAREFULLY.
This is a contract between you (the “Affiliate”) and us (“Educating AMY Ltd”). It describes how we will work together and other aspects of our business relationship. It is a legal document so some of the language is necessarily “legalese” but we have tried to make it as readable as possible.
The Affiliate Program Agreement applies to your participation in our Affiliate Program (the “Affiliate Program”). These terms are so important that we cannot have you participate in our Affiliate Program unless you agree to them.
We periodically update these terms. We might also choose to replace these terms in their entirety if, for example, the Affiliate Program changes, ends, or becomes part of an existing program, including our partner programs. If we update or replace the terms, we will let you know via electronic means, which may include an in-app notification or by email. If you don’t agree to the update or replacement, you can choose to terminate as we describe below.
“Educating AMY Affiliate” means a company owned, operated or controlled by Educating AMY Ltd.
“Marketing Affiliate Program” means our marketing affiliate program as described in this Agreement.
“Affiliate Lead” means a customer prospect who clicks on the Affiliate Link that we have made available to you via the Affiliate Tool.
“Affiliate Link” means the unique tracking link you place on your site or promote through other channels.
“Affiliate Policies” means the policies applicable to affiliates which we may make available to you from time to time.
"Agreement" means this Marketing Affiliate Program Agreement and all materials referred or linked to in here.
“Commission” means an amount for each Customer Transaction.
“Customer” means a person who has purchased Educating AMY Ltd Products after being an Affiliate Lead.
“Customer Transactions” means those transactions by Affiliate Leads that are eligible for Commission pursuant to the ‘Customer Transactions’ section of this Agreement. Customer Transactions may include customer purchases or customer signups, as further described in the Affiliate Tool.
"Customer Data" means all information that Customer submits or collects via the Educating AMY Ltd and all materials that Customer provides or posts, uploads, inputs.
"Educating AMY Ltd Content" means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we incorporate into our company.
“Educating AMY Ltd Products” means products from the Company.
“Program Policies Page” means the landing page: www.educatingamy.com where we will provide all the up to date guidelines and policies for the Affiliate Program.
"We", "us", “our”, and “Educating AMY Ltd” means Educating AMY Ltd
“You” and “Affiliate” means the party, other than Educating AMY Ltd, entering into this Agreement and participating in the Affiliate Program.
This Agreement does not create an exclusive agreement between you and us. Both you and we will have the right to recommend similar products and services of third parties and to work with other parties.
Once you complete an application to become an Affiliate, we will review your application and notify you whether you have been accepted to participate in the Affiliate Program, or not. Before we accept an application, we may want to review your application with you, so we may reach out to you for more information. We may require that you complete certain requirements or certification(s) before we accept your application. If we do not notify you that you are accepted to participate in the Affiliate Program within thirty (30) days from your application, your application is considered to be rejected.
If you are accepted to participate in the Affiliate Program, then upon notification of acceptance, the terms and conditions of this Agreement shall apply in full force and effect, until terminated, pursuant to the terms set forth below. Further, you will need to complete any enrollment criteria set out in the Program Policies Page, if applicable. Failure to complete any enrollment criteria within thirty (30) days of your acceptance will result in the immediate termination of this Agreement and you will no longer be able to participate in the Affiliate Program.
Your acceptance and participation in the Affiliate Program does not mean that you will be accepted into any of our Educating AMY Ltd Partner Programs.. In order to participate in these programs, you will need to apply in accordance with the relevant application procedure.
You will comply with the terms and conditions of this Agreement at all times, including any applicable Program Policies.
- Affiliate Program Limits. Each accepted Affiliate Lead will expire according to the information provided in the Program Policies from the date the Affiliate Lead clicked on the Affiliate Link that was made available by you. We will pay you Commission as described in the Program Policies) for each new Customer who completes an applicable Customer Transaction after clicking on an Affiliate Lead made available by you, provided that you remain eligible to receive Commission pursuant to the terms of this Agreement. The start of the Customer’s purchase is determined by the date of the first purchase of the product by the Customer and you will receive a Commission payment for that Customer Transaction only, regardless of any additional purchases made by that customer. For example, if the initial Customer Transaction is for one Little Mechanic, and there is a subsequent purchase by that same customer for another Little Mechanic, the Affiliate will receive Commission for the initial user purchase only. The Affiliate will not be entitled to receive Commission on any additional purchases of Educating AMY Ltd Products by that same Customer.
- Eligibility. To be eligible for Commission (i) An affiliates personal Affiliate Link must have been used (ii) a Customer Transaction must have occurred, (iii) The customer is not a pre-existing customer of Educating AMY Ltd (iv) Educating AMY Ltd accepts that the customer has been sourced by the affiliate. You are not eligible to receive Commission or any other compensation from us based on transactions if: (i) such compensation is disallowed or limited by federal, state or local law or regulation in the United States or Canada or the laws or regulations of your jurisdiction; (ii) the applicable Customer objects to or prohibits such compensation or excludes such compensation from its payments to us or Educating AMY Ltd Affiliates; (iii) the Customer has paid or will pay such commissions, referral fees, or other compensation directly to you, (iv) the Commission payment has been obtained by fraudulent means, misuse of the Affiliate Link, in violation of any Affiliate Program Policies that we make available to you, or by any other means that we deem to breach the spirit of the Marketing Affiliate Program, or (v) the Customer participates in any of our partner programs and is eligible to receive commission in relation to the Customer Transaction under any of these programs. If at any point you are eligible to receive a revenue share payment or commission under another Program at Educating AMY Ltd, that payment amount will not change based on your participation in the Affiliate Program. In competitive situations with other affiliates, we may elect to provide the Commission to the affiliate that we deem to be the most eligible for Commission, at our discretion. We may discontinue Commission payments should any of the eligibility criteria set forth in this subsection fail to be met at any time.
- Acceptance and Validity. You will only be eligible for a Commission payment for any Customer Transactions that derived from Affiliate Leads generated by the Affiliate Link that we make available to you and are accepted by Educating AMY Ltd. An Affiliate Lead will be considered valid and accepted if, in our reasonable determination: (i) it is a new potential customer of ours, and (ii) is not one of our pre-existing customers or involved in our active sales process. Notwithstanding the foregoing, we may choose not to accept an Affiliate Lead in our reasonable discretion. If an Affiliate Lead does not purchase the Educating AMY Ltd product within the time period described on the Program Policies of their first click on the Affiliate Link, you will not be eligible for a Commission payment, even if the Affiliate Lead decides to purchase after the time period has expired. An Affiliate Lead is not considered valid if it’s first click on the Affiliate Link is after this Agreement has expired or terminated. Engagement with Prospects. Once we have received the Affiliate Lead information, we may elect to engage with the prospect directly, regardless of whether or not the Affiliate Lead is valid. If an Affiliate Lead is not valid then we may choose to maintain it in our database and we may choose to engage with such Affiliate Lead. Any engagement between Educating AMY Ltd and an Affiliate Lead will be at Educating AMY’s discretion.
- Commission and Payment. In order to receive payment under this Agreement, you must have: (i) agreed to the terms of this Agreement ; (ii) completed all steps necessary to create your account, (iii) have a valid and up-to-date payment method (iv) completed any and all required tax documentation to process any payments that may be owed to you.
- Requirements for Payment; Forfeiture. Notwithstanding the foregoing or anything to the contrary in this Agreement, if any of the requirements set forth in section 4(a)(i-iv) remain outstanding for six (6) months immediately following the close of a Customer Transaction, then your right to receive Commission arising from any and all Customer Transactions with the associated Customer will be forever forfeited (each, a “Forfeited Transaction”). We will have no obligation to pay you Commission associated with a Forfeited Transaction. Once you comply with all of the requirements in section 5(a)(i-iv), then you will be eligible to receive Commission on Customer Transactions, as long as these Customer Transactions do not involve the same Customer associated with a Forfeited Transaction.
- Commission Payment. We will determine the currency in which we pay the Commission, as well as the applicable conversion rate. We will not pay more than one Commission payment or other similar referral fee on any given Customer Transaction (unless we choose to in our discretion).Taxes. You are responsible for payment of all taxes and fees (including bank fees) applicable to the Commission. All amounts payable by us to you are subject to offset by us against any amounts owed by you to us. Commission Amounts. We reserve the right to alter or change the Commission amount. Training and Support
We may make available to you, without charge, various webinars and other resources made available as part of our Affiliate Program. We may change or discontinue any or all parts of the Affiliate Program benefits or offerings at any time without notice.
You grant to us a nonexclusive, nontransferable, royalty-free right to use and display your trademarks, service marks and logos (“Affiliate Marks”) in connection with the Affiliate Program and this Agreement.
During the term of this Agreement, in the event that we make our trademark available to you, you may use our trademark as long as you follow the usage requirements in this section. You must: (i) only use the images of our trademark that we make available to you, without altering them in any way; (ii) only use our trademarks in connection with the Affiliate Program and this Agreement; (iii) comply with Trademark Usage Guidelines; and (iv) immediately comply if we request that you discontinue use. You must not: (i) use our trademark in a misleading or disparaging way; (ii) use our trademark in a way that implies we endorse, sponsor or approve of your services or products; or (iii) use our trademark in violation of applicable law or in connection with an obscene, indecent, or unlawful topic or material.
- Educating AMY’s Proprietary Rights. Educating AMY Ltd Products are protected by intellectual property laws. Educating AMY’s Products belong to and are the property of us. We retain all ownership rights in Educating AMY Products. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the Educating AMY Content, or Educating AMY’s Products in whole or in part, by any means, except as expressly authorized in writing by us. If you wish to use Educating AMY’s creatives, you must comply with our Content Usage Guidelines. Educating AMY logos, and other marks that we use from time to time are our trademarks and you may not use them without our prior written permission, except as otherwise set forth in this Agreement.
We encourage all customers, affiliates and partners to comment on Educating AMY’s products and provide suggestions for improving them, and vote on suggestions they like. You agree that all such comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into the Products, without payment to you.
- Customer’s Proprietary Rights. For the avoidance of doubt, Customer will own and retain all rights to the Customer Data.
As used herein, “Confidential Information” means all confidential information disclosed by a party ("Disclosing Party") to the other party (“Receiving Party”), (i) whether orally or in writing, that is designated as confidential, and (ii) Educating AMY customer and prospect information, whether or not otherwise designated as confidential. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party or (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party. The Receiving Party shall: (i) protect the confidentiality of the Confidential Information of the Disclosing Party using the same degree of care that it uses with its own confidential information, but in no event less than reasonable care, (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, (iii) not disclose Confidential Information of the Disclosing Party to any third party, and (iv) limit access to Confidential Information of the Disclosing Party to its employees, contractors and agents. The Receiving Party may disclose Confidential Information of the Disclosing Party if required to do so under any federal, state, or local law, statute, rule or regulation, subpoena or legal process.
Opt Out and Unsubscribing
You will comply promptly with all opt out, unsubscribe, "do not call" and "do not send" requests. For the duration of this Agreement, you will establish and maintain systems and procedures appropriate to effectuate all opt out, unsubscribe, "do not call" and "do not send" requests.
Term and Termination
- Term. This Agreement will apply for as long as you participate in the Affiliate Program, until terminated.
- Termination Without Cause. Both you and we may terminate this Agreement on fifteen (15) days written notice to the other party.
- Termination for Agreement Changes. If we update or replace the terms of this Agreement, you may terminate this Agreement on five (5) days written notice to us, provided that you send us written notice within ten (10) days after we send you notice of the change.
- Termination for Cause. We may terminate this Agreement: (i) upon thirty (30) days’ notice to you of a material breach if such breach remains uncured at the expiration of such period, (ii) upon fifteen (15) days notice to you of non-payment of any amount due to us if such amount remains unpaid at the expiration of such period, (iii) immediately, if you become the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors, (iv) immediately, if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers.
- Effects of Expiration/Termination. Expiration of this Agreement, and termination of this Agreement: (i) without cause by us,(ii) by you with cause, (iii) by you according to the ‘Termination for Agreement Changes’ section, shall not affect our obligation to pay you a Commission, so long as the related payment by the Customer Transaction is recognized by us within thirty (30) days after the date of such termination or expiration and provided that in no event shall you be entitled to payment of Commission under this Agreement if you are eligible to receive a revenue share payment under the Solutions Partner Program Agreement. We will not pay you fees on Customer Transactions recognized by us after thirty (30) days after the date of such termination or expiration set out above. Provided however, in the event of termination without cause by you, or for cause by us, our obligation to pay and your right to receive any Commission will terminate upon the date of such termination, regardless of whether you would have otherwise been eligible to receive Commission prior to the date of termination. Except as expressly set forth in this section, you are not eligible to receive a Commission payment after expiration or termination of this Agreement. Upon termination or expiration, you will discontinue all use of and delete the Affiliate marketing materials that we make available to you for your participation in the Affiliate Program. Upon termination or expiration, an Affiliate Lead is not considered valid, and we may choose to maintain it in our database and engage with such a prospect.
Upon termination or expiration, you will immediately discontinue all use of our trademark and references to this Affiliate Program from your website(s) and other collateral. For the avoidance of doubt, termination or expiration of this Agreement shall not cause a Customer’s order to be terminated.
Affiliate Representations and Warranties
You represent and warrant that: (i) you have all sufficient rights and permissions to participate in the Affiliate Program and to provision Educating AMY with Affiliate Lead’s for our use in sales and marketing efforts or as otherwise set forth in this Agreement, (ii) your participation in this Affiliate Program will not conflict with any of your existing agreements or arrangements; and (iii) you own or have sufficient rights to use and to grant to us our right to use the Affiliate Marks.
You further represent and warrant that: (i) you will ensure that you are compliant with any trade or regulatory requirements that may apply to your participation in the Affiliate Program (for example, by clearly stating you are a Educating AMY Affiliate on any website(s) you own where you make an Affiliate Link available); (ii) you will accurately provide to us all websites and domains you own where you intend to use Affiliate Links to generate Affiliate Leads; (iii) you will not purchase ads that direct to your site(s) or through an Affiliate Link that could be considered as competing with Educating AMY’s own advertising, including, but not limited to, our branded keywords; (iv) you will not participate in cookie stuffing or pop-ups, false or misleading links are strictly prohibited; (v) you will not attempt to mask the referring URL information; (vi) you will not use your own Affiliate Link to purchase Educating AMY products for yourself; and (vii) you will not use any mechanisms to deliver leads other than through an intended consumer. This includes sourcing leads through compilations of personal data such as phonebooks, using fake redirects or other tools or automation devices to generate leads (including but not limited to robots, lframes, or hidden frames), or offering incentives to encourage purchases or signups.
You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us to the extent that such Action is based upon or arises out of (a) your participation in the Affiliate Program, (b) our use of the prospect data you provided us, or (c) your noncompliance with or breach of this Agreement. We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.
Disclaimers; Limitations of Liability
- Disclaimer of Warranties. WE AND OUR AFFILIATED COMPANIES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF EDUCATING AMY PRODUCTS, EDUCATING AMY CONTENT, OR THE AFFILIATE PROGRAM FOR ANY PURPOSE. THE EXTENT PERMITTED BY LAW, EDUCATING AMY LTD PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO EDUCATING AMY PRODUCTS INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
- No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.
- Limitation of Liability. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT OUR AGGREGATE LIABILITY WILL BE LIMITED TO THE TOTAL COMMISSION AMOUNTS YOU HAVE ACTUALLY EARNED FOR THE RELATED CUSTOMER TRANSACTIONS IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM.
- Cookie Duration. COOKIES USED HAVE A SET DURATION. IF A POTENTIAL CUSTOMER CLEARS THEIR COOKIES DURING THIS PERIOD, EDUCATING AMY SHALL NOT BE LIABLE FOR ANY COMMISSIONS THAT MAY HAVE BEEN OWED TO YOU.
- Amendment; No Waiver. We may update and change any part or all of this Agreement, including by replacing it in its entirety. If we update or change this Agreement, the updated Agreement will be made available to you via email. The updated Agreement will become effective and binding on the next business day after we have notified you. When we change this Agreement, the "Last Modified" date above will be updated to reflect the date of the most recent version. We encourage you to review this Agreement periodically. If you don’t agree to the update, change or replacement, you can choose to terminate as we describe above. No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.
- Applicable Law. This Agreement shall be governed by the laws of Alberta, Canada without regard to the conflict of laws provisions thereof. In the event either of us initiates an action in connection with this Agreement or any other dispute between the parties, the exclusive venue and jurisdiction of such action shall be in the province and federal courts in Calgary, Alberta, Canada.
- Force Majeure. Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
- Actions Permitted. Except for actions for nonpayment or breach of a party’s proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.
- Relationship of the Parties. Both you and we agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement.
- Compliance with Applicable Laws. You shall comply, and shall ensure that any third parties performing sales or referral activities on your behalf comply, with all applicable foreign and domestic laws (including without limitation export laws and laws applicable to sending of unsolicited email), governmental regulations, ordinances, and judicial administrative orders. You shall not engage in any deceptive, misleading, illegal or unethical marketing activities, or activities that otherwise may be detrimental to us, our customers, or to the public. Export laws and regulations of Canada and the United States and any other relevant local export laws and regulations may apply to Educating AMY Products. You will comply with the sanctions programs administered by the Office of Foreign Assets Control (OFAC) of the US Department of the Treasury. You will not directly or indirectly export, re-export, or transfer Educating AMY to prohibited countries or individuals or permit use of Educating AM products by prohibited countries or individuals.
- Severability. If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
- Notices. Notice will be sent to the contact address set forth herein (as such may be changed by notice given to the other party), and will be deemed delivered as of the date of actual receipt.
To Educating AMY Ltd, 6085, 246 Stewart Green SW, Calgary, Alberta, T3H 3C8, Canada. To you: your address as provided in our affiliate account information for you.
We may give electronic notices specific to you by email to your e-mail address(es) on record in our account information for you. We may give notice to you by telephone calls to the telephone numbers on record in our account information for you.
- Entire Agreement. This Agreement is the entire agreement between us for the Affiliate Program and supersedes all other proposals and agreements, whether electronic, oral or written, between us. We object to and reject any additional or different terms proposed by you, including those contained in your purchase order, acceptance or website. Our obligations are not contingent on the delivery of any future functionality or features of the Educating AMY products or dependent on any oral or written public comments made by us regarding future functionality or features of Educating AMY Products. It is the express wish of both you and us that this Agreement and all related documents be drawn up in English. We might make versions of this Agreement available in languages other than English. If we do, the English version of this Agreement will govern our relationship and the translated version is provided for convenience only and will not be interpreted to modify the English version of this Agreement.
- Assignment. You will not assign or transfer this Agreement, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of its assets, change of control or operation of law, without our prior written consent. We may assign this Agreement to any affiliate or in the event of merger, reorganization, sale of all or substantially all of our assets, change of control or operation of law.
- No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to or shall confer upon any person or entity (other than the parties hereto) any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
- Program Policies Page. We may change the Program Policies from time to time. Your participation in the Affiliate Program is subject to the Program Policies, which are incorporated herein by reference
- No Licenses. We grant to you only the rights and licenses expressly stated in this Agreement, and you receive no other rights or licenses with respect to us, Educating AMY Products, our trademarks, or any other property or right of ours.
- Sales by Educating AMY. This Agreement shall in no way limit our right to Educating AMY Products, directly or indirectly, to any current or prospective customers.
- Authority. Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms.
- Survival. The following sections shall survive the expiration or termination of this Agreement: ‘Commission and Payment’, ‘Proprietary Rights’, ‘Confidentiality’, ‘Effects of Termination/Expiration’, ‘Indemnification’, ‘Disclaimers; Limitation of Liability’, ‘Non-Solicitation’ and ‘General’.
Educating AMY– GDPR Data Processing Addendum (Affiliates)
This Data Processing Addendum ("Addendum") sets out the terms that apply as between Educating AMY and Marketing Affiliate when processing EEA personal data in connection with the Marketing Affiliate Program. This Addendum forms part of the Marketing Affiliate Program Agreement. Capitalized terms used in this Addendum shall have the meanings given to them in the Marketing Affiliate Program Agreement (the "Agreement") unless otherwise defined in this Addendum.
- Definitions: (a) "controller," "processor," "data subject," and "processing" (and "process") shall have the meanings given to them in Applicable Data Protection Law; (b) "Applicable Data Protection Law" means any and all applicable privacy and data protection laws and regulations applicable to the Personal Data in question, including, where applicable, EU Data Protection Law (in each case, as may be amended, superseded or replaced from time to time); (c) "EU Data Protection Law" means: (i) the EU General Data Protection Regulation (Regulation 2016/679) ("GDPR"); and (ii) the EU e-Privacy Directive (Directive 2002/58/EC); and (iii) any national data protection laws made under or pursuant to clause (i) or (ii); and (d) "Personal Data" means any information relating to an identified or identifiable natural person to the extent that such information is protected as personal data under Applicable Data Protection Law.
- Purposes of processing. The parties acknowledge that in connection with the Marketing Affiliate Program, each party may provide or make available to the other party Personal Data. Each party shall process such data: (i) for the purposes described the Agreement; and/or (ii) as may otherwise be permitted under Applicable Data Protection Law.
- Relationship of the parties. Each party will process the copy of the Personal Data in its possession or control as an independent controller (not as a joint controller with the other party). For the avoidance of doubt and without prejudice to the foregoing, Educating AMY shall be an independent controller of any Personal Data that it receives or shares with Affiliate in connection with the Marketing Affiliate Program.
- Compliance with law. Each party shall separately comply with its obligations under Applicable Data Protection Law and this Addendum when processing Personal Data. Neither party shall be responsible for the other party's compliance with Applicable Data Protection Law. In particular, each party shall be individually responsible for ensuring that its processing of the Personal Data is lawful, fair and transparent, and shall make available to data subjects a privacy statement that fulfils the requirements of Applicable Data Protection Law.
- International transfers. Where Applicable Data Protection Law in the European Economic Area ("EEA"), and/or its member states, United Kingdom and/or Switzerland (collectively for the purposes of this Addendum, the "EU'), applies to the Personal Data ("EU Personal Data"), neither party shall process any EU Personal Data (nor permit any EU Personal Data to be processed) in a territory outside of the EU unless it has taken such measures as are necessary to ensure the transfer is in compliance with Applicable Data Protection Law. To the extent a Marketing Affiliate transfers EU Personal Data to Educating AMY and Educating AMY is located in a territory outside the EU that does not provide adequate protection for Personal Data (as determined by Applicable Data Protection Law), Educating AMY agrees to abide by and process such EU Personal Data in accordance with the Standard Contractual Clauses for Controllers as approved by the European Commission and available at http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32004D0915(as amended, superseded or updated from time to time) ("Model Clauses"), which are incorporated by reference in, and form an integral part of, this Addendum. Educating AMY agrees that it is a "data importer" and the Marketing Affiliate is the "data exporter" under the Model Clauses (notwithstanding that Educating AMY may be an entity located outside of the EEA).
- Security. Each party shall implement and maintain all appropriate technical and organizational measures to protect any copies of the Personal Data in their possession or control from (i) accidental or unlawful destruction, and (ii) loss, alteration, or unauthorized disclosure or access (a "Security Incident") and to preserve the security and confidentiality of such Personal Data. Each party shall notify the other party without undue delay on becoming aware of any breach of EU Data Protection Law/Applicable Data Protection Law.
Educating AMY Ltd Affiliate Program Policies
All Educating AMY Affiliates are required to complete agreement and remain in compliance with these terms. This list contains everything you need to know to be an Educating AMY affiliate, including resources, recommendations, and some fun legal stuff.
If you're not yet part of the Educating AMY Affiliate Program, you can apply through the brand ambassador link on our website.
If you ever need anything else or have questions, feel free to reach out to the team at firstname.lastname@example.org
Last Modified: July 21st, 2022
- Commission Rates. Available commissions are sent to you on acceptance onto our affiliate program. Commissions is based on a purchase and purchase commissions are calculated on any customer purchases through affiliate link.
- Limitations: For purchase commissions, you will receive commission for the first purchase made by a new customer who is not in an active sales process with us at the time of the affiliate link click.
- Affiliate links may rely on cookies to track referrals. Therefore if cookies get cleared, we may not be able to track these events.
- Only affiliate links can be used to track referrals. Incorrect use of affiliate links will cause inability to track referrals.
- Fraudulent or stolen attribution is a non payable event. If we suspect fraud (for example, if we see that signups are all from the same city or IP address) we may require you to prove that the referrals are valid. There are a number of other limitations that may result in commission not being paid - we encourage you to read the Marketing Affiliate Program Agreementfor more information on this/
- Attribution. In the event a single customer clicks two different affiliate links, the last affiliate gets the credit. We do, however, reserve the right to modify this in certain circumstances.
- Commission paid: 28 day(s) after the end of the month.
Promoting Educating AMY
Educating AMY Branding
Capitalize the “AMY” in “Educating AMY”. You’d be surprised at how many times that doesn’t happen. Sigh.
You must follow our vendor kit, our Trademark Usage Guidelines here, and our Content Usage Guidelines here.
Use false or misleading statements on the benefits of using Educating AMY.
Modify or adjust the Educating AMY wordmark or logo in any sort of marketing material you might create.
What to call yourself
Here are some guidelines around what you can and cannot call yourself within the Educating AMY Affiliate Program.
Do: Say you’re a “Educating AMY Marketing Affiliate” or “Marketing Affiliate”.
Do Not: Refer to yourself as a Partner or that you’ve “partnered with Educating AMY.” This includes press releases, references in videos, listings on your website, or in any other marketing material you may be using.
You will not purchase ads that direct to your site(s) or through an affiliate link that could be considered as competing with Educating AMY’s own advertising, including, but not limited to, our branded keywords. If running ads, you need to direct the ad to your own website (and not to Educatingamy.com or a standalone landing page).
Policies that don’t fit into the other buckets
- Survey Participation: We would encourage you to participate in any affiliate-specific NPS surveys, industry surveys, marketing surveys, etc. as we request.
- Sharing Placements: When requested, you’ll share the places you’ve used your affiliate link. This includes, but is not limited to, links, screenshots, and email sends.
- Purchasing Educating AMY yourself: One of the benefits of the Affiliate Program is we don’t require you to purchase Educating AMY products. Though if you decide to purchase, we require that you do not use your own affiliate link.
- You must be FTC compliant and disclose in a clear way before the affiliate link that you will receive commission if someone clicks through and purchases.
Educating AMY's Content Usage Guidelines
Thanks for your interest in sharing or republishing our content! Here are some ground rules ...
What Educating AMY Content Can You Use? And How?
- Feel free to share links to any of our content by email and social media. We'll love you for it!
- Feel free to republish in full any Educating AMY-original images, as long as you honor the Content Attribution Policy below. (Note: This does not include any stock images we've purchased for use in our content.)
- Feel free to reference or quote up to 75 words of any of our text content (facts, figures, quotes, etc.) in your own blog articles, presentations, documents, etc. as long as you honor the Content Attribution Policy below.
- Unfortunately, we can't let you republish in full any of our text-based content (blog articles, PDFs, PPTs, DOCs) on the web. Why? Well, duplicate content is just bad for SEO, and Google will hate us for it.
- You cannot make money off of our content. We gave it to you for free, so you need to keep it free by passing it along.
- You cannot claim our content as your original ideas (i.e. using our content and publishing it on a channel as your own). We love that you want to share it, but please just share the original link instead. Thank you!
Content Attribution Policy
- Attribute Educating AMY as the source.
- Link to the original Educating AMY source you're referencing:
- For references to a Educating AMY blog article, link to the URL of the specific blog article you're referencing.
- For references to Educating AMY downloadable content offers behind a form, please link to the landing page URL with the form for that individual offer.
Thanks for the content love. We appreciate it!
Educating AMY Trademark Usage Guidelines
Is it a flower? Is it a sun? Who knows…our 3 year old daughter drew it!
First, a reminder on the ground rules:
Educating AMY the flower/sun design, the Educating AMY logo, and other marks that we use are our trademarks (or simply, “marks”). These marks are Educating AMY’s intellectual property and you may not use them without our prior written permission.
If we think that your use of our property is in violation or if we feel that your use isn’t in Educating AMY’s best interest, we can revoke your right to use our property at any time.
If you’re looking to link to our site, republish our images, or reference our text content, check out our Content Usage Guidelines.
- Your use of our marks is governed by your program or affiliate agreement. You can find these on our Affiliate Marketing Agreement.
- If you want to use our marks and logos outside the scope of your program or affiliate agreement with us or in a way that implies we endorse, sponsor or approve of your services or products, you will need to seek written permission from us by emailing email@example.com.
- You may not alter any partner badges or awards that we provide to you, including changing any information included in the badge or award, such as the date it displays.
Your use of the marks should not suggest any sponsorship or endorsement by us, and shouldn’t confuse our brands with any other brands.
- This means that you can’t place our marks and logos on your website.
- This also means that you can’t use or register a domain name that incorporates or is similar to our trademarks.
Please don’tdo any of the following:
- Combine any of our marks with your name, your marks, or any generic terms
- Incorporate any of our marks into your name or logo
- Change the color of our logo
- Photoshop or otherwise modify our logos
- Use old versions of our logos
- Use our sun/flower logo as a letter in any word, other than where published by us
- Add words directly around the logos
- Overlap our logo with shapes or photos
- Associate our marks with any vulgar, obscene, indecent or unlawful material
- Translate our marks into other languages
You may use a Educating AMY trademark, brand name, or product name in a referential phraseto describe that your business uses Educating AMY or offers products or services related to Educating AMY, and provided:
- Your use of the Educating AMY word mark is referential and less prominent than your own business name or brand in the rest of the description.
- Your use, mention, or reference to Educating AMY and/or its products does not deprecate Educating AMY and/or its products.
- You do not use any Educating AMY stylized logo, images, product icons, or other Educating AMY-owned graphic symbols without Educating AMY’s express written permission.
- You include a disclaimer, such as: “This webinar is independent of Educating AMY, Inc., and is not authorized by, endorsed by, sponsored by, affiliated with, or otherwise approved by Educating AMY Inc.”
- You may notcreate a Twitter handle or other social media account whose username or title could suggest affiliation with or endorsement by us.
- You may not use our marks in any advertising creative or copy (digital, social, PPC or otherwise). This includes phrases, such as “Educating AMY Partner”.
- You may not use a trademark, domain name, or logo that is confusingly similar to our marks.
Looking to use one of our marks? Get in touch with us at firstname.lastname@example.org