Affiliate Terms and Conditions You Must Read The Complete Document
Once Approved You Must Provide a Signed IRS W9
Affiliate Program Agreement
Agreement between Affiliate and Experts Real Estate Academy EREA
Effective Date: Revision 18 January 2025
This Affiliate Agreement (“Agreement”) contains the complete terms and conditions between us, Experts Real Estate Academy EREA, (“Experts Real Estate Academy EREA”), and you, regarding your registration to and participation in, the Experts Real Estate Academy EREA Affiliate Program. As used in this Agreement, “we,” “us” or “Experts Real Estate Academy EREA” means Experts Real Estate Academy EREA, and “you,” “your” or “Affiliate” means you as the affiliate participating in this program. If you have any questions about the meaning of a term or phrase, please see Annex A for our Definitions.
BY SUBMITTING AN REGISTRATION TO JOIN OR BY PARTICIPATING IN THE AFFILIATE PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND THE Experts Real Estate Academy EREA WEBSITE AND PRODUCTS TERMS AND CONDITIONS OF USE AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
PARTICIPATION
1.1. You must sign up for an Experts Real Estate Academy EREA affiliate account to join the Experts Real Estate Academy EREA Affiliate Referral Program. In signing up for an account, you are agreeing to be bound by Experts Real Estate Academy EREA’s standard Terms of Service and Privacy
1.2. Current and former Experts Real Estate Academy EREA contractors, employees, and members of Experts Real Estate Academy EREA employees’ immediate families are prohibited from participating in the Affiliate Referral Program.
1.3. We will evaluate your registration and notify you of your acceptance or rejection in a timely manner. Experts Real Estate Academy EREA, in its sole discretion, reserves the right to reject or remove any prospective affiliate of their rejection or removal from the Affiliate Program at any time, with or without notice.
1.4. We may reject your registration if we determine (in our sole discretion) that your website or promotional method is not suitable for the Affiliate Program for any reason, including, but not limited to, its inclusion of content that is, in our opinion, unlawful or otherwise violates the Experts Real Estate Academy EREA Policy.
1.5. Once registered and approved for your enrollment, you become a participant in the Affiliate Referral Program.
- PROMOTION
Once you have signed up as an affiliate, we will provide you with a unique referral ID (“Referral ID”) and referral link (“Link”) that links to an Experts Real Estate Academy EREA website to start the enrollment process. The Links will identify your website as a member of the Affiliate Program and establish a link from your website or e-mail to Experts Real Estate Academy EREA’s website. Whenever you tell a potential new subscriber about Experts Real Estate Academy EREA, you or the potential new subscriber will simply use the Link, and we will take care of the rest. Your promotion must follow these rules:
2.1. All Affiliate Sites or emails shall prominently display the links in relevant sections of their website. You will not use graphic or textual images (indicating a Link) or text messages to promote Experts Real Estate Academy EREA that are not approved in advance by Experts Real Estate Academy EREA.
2.2. You are not allowed to post any refunds, credits, or discounts on the Experts Real Estate Academy EREA Products and Services, or other content concerning Experts Real Estate Academy EREA without Experts Real Estate Academy EREA’s prior written consent in each instance.
2.3 Each Link connecting users of the Affiliate Site to the pertinent area of the Experts Real Estate Academy EREA website will in no way alter the look, feel, or functionality of the Experts Real Estate Academy EREA website.
2.4. Experts Real Estate Academy agrees to pay 5% payment on all Campus educational sales and 5% payment on all Experts Real Estate Academy EREA© online sales collected from www.ExpertsRA.net. This payment is for allowing Experts Real Estate Academy EREA© to use classroom facilities and office space. This does not constitute a sub-rental agreement.
2.5. You cannot combine referral commissions with any sales payments. You will only be paid one source of payment.
Any violations of the terms may result in your termination from the Affiliate Program or the withholding of Commission Fees.
TERM AND TERMINATION
The term of this Agreement (the “Term”) will begin upon your acceptance of this Agreement and will end when terminated.
Either you or we may terminate this Agreement at any time, with or without cause, by giving the other at least five (30) days written notice of termination.
You are only eligible to earn commissions/payment on new class educational FEES occurring during the Term and that remain subscribed for at least 30 days from the class start date as of the effective date of termination.
- COMMISSIONS-PAYMENTS
We offer affiliates a 5% commission on each student who has paid a fee and attends the in-class instruction, referred customer, 30 days after the billing date in perpetuity, and paid in full.
Experts Real Estate Academy EREA will bill the student directly and will be solely responsible for collecting payment. We will pay you an affiliate fee for payments made by customers.
Affiliate payouts of commissions are 1st week of every calendar month and include commissions for student payments that were collected 30 or more days before payout day (the “hold” period).
You will be paid by company check or PayPal to remit commissions to our affiliates. In order for us to pay you your commissions, you must have a PayPal account linked to your Experts Real Estate Academy EREA affiliate account. PayPal is a third-party service provider, and your use of PayPal is subject to the terms and conditions of PayPal, Inc. Experts Real Estate Academy EREA will not have any liability or support obligations for any issues relating to your PayPal account. If you cannot get a PayPal account, please contact us we will then pay by check.
Affiliates are not eligible for commissions from their own personal accounts or any account directly linked to them, including referred accounts with the exact same names, billing addresses, or email addresses.
You will be responsible for paying any applicable taxes and duties that may be imposed with respect to any compensation, commissions, or payments received under or in connection with this Agreement. You must provide a W9 form signed by you or a company representative. No payments shall be awarded without a W9 form on file.
Experts Real Estate Academy EREA reserves the right to withhold payment of initial Commissions Fees to Affiliates who are new to the Affiliate Program, or who have commissions that are potentially fraudulent as determined by Experts Real Estate Academy EREA in its sole discretion, to determine the legitimacy and cancellation rates of Referred Customers.
Experts Real Estate Academy EREA reserves the right to suspend the payment of Commission Fees at any time and indefinitely if it suspects fraud or other improper activity or a potential breach of any of the terms of this Agreement by the Affiliate or a Referred Customer. Experts Real Estate Academy EREA reserves the right to deduct from Affiliate’s current and future Commission Fees any and all Commission Fees corresponding to any fraudulent, questionable, and canceled purchases. If no subsequent Commission Fee is due and owing, Experts Real Estate Academy EREA will send the Affiliate a bill for the balance of such refunded purchase upon termination of the program or termination of the Referred Customer.
- RESTRICTED ACTIVITIES
Affiliate will conduct its business and activities in a manner that promotes a good, positive image and reputation for Experts Real Estate Academy EREA and its Services.
Affiliates will not use any inappropriate form of promotional, marketing, or advertising activity with their Link or Affiliate Site, which includes the use of any misleading hyperlinks and making any false, misleading, or disparaging representations or statements with regard to Experts Real Estate Academy EREA and the Services.
Affiliate will not engage in any unfair or deceptive trade practice involving the Services.
Affiliate will not participate in any promotion, advertising, marketing, or sale of any imitation of the Services.
Affiliate will not include or provide for in any Affiliate Site any page, screen, or social media platform that contains content that advocates discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promotes or engages in illegal activities, violates intellectual property rights of third parties, or contains or promotes deceptive information.
Affiliates will not impersonate any Experts Real Estate Academy EREA employee or present themselves as hired by Experts Real Estate Academy EREA in any way.
Affiliate will not use any Marks to mislead potential new subscribers into believing they are endorsed or employed by Experts Real Estate Academy EREA;
Affiliate will not use the string “Experts Real Estate Academy EREA” or a similar string for any website domain name.
Affiliates will not spam or send bulk emails including Links.
Affiliate will not use its own Link to purchase any Services.
Affiliate will not make or authorize any proposal, representation, warranty, guarantee, or communication relating to the Services that is inconsistent with Experts Real Estate Academy EREA’s standard terms and policies, or that has not been approved or otherwise authorized by Experts Real Estate Academy EREA in writing.
- OBLIGATIONS REGARDING YOUR AFFILIATE SITE OR EMAIL CONTENT
If you should have one, you are solely responsible for the development, operation, and maintenance of your Site and all materials that appear on your Affiliate Site. If you are not in compliance with these terms and conditions or any other law or regulation, we may terminate your participation in the Affiliate Program effective immediately.
Your responsibilities include, but are not limited to, the technical operation of your Affiliate Site and all related equipment; creating and posting product reviews, descriptions, and references on your Affiliate Site and linking those descriptions to our website; the accuracy of materials posted on your Affiliate Site (including, but not limited to, all materials related to Experts Real Estate Academy EREA Products and Services); ensuring that materials posted on your Affiliate Site do not violate or infringe upon the rights of any third party and are not libelous or otherwise illegal.
- AFFILIATE PORTAL
As an Affiliate of the Affiliate Referral Program, we will provide you with access to the Affiliate Referral Program Portal (“Portal”) using your login credentials. There, you will be able to monitor and review:
The total number of active referred customers
- Estimated monthly commission
- Total commission up-to-date
- Your Referral ID and Link
- List of all referred customers
- List all payouts and payout details
- Affiliate payout information
When a new subscriber enrolls for any of the Services on a paid plan through your Link, information about them (including estimated monthly commission) will be shown in the Portal under “Referrals”.
All affiliate payouts will be shown in the Portal under “Payouts”. By selecting a payout from the list you will be able to see additional details, including payment transaction information and the number of eligible student payments for which a commission was generated.
You may change your payout information (PayPal handle) at any time via the Portal.
- POLICY AND PRICING CHANGES
Experts Real Estate Academy EREA’s Website and Products Terms and Conditions of Use, rules, policies, and operating procedures apply to customers who purchase Experts Real Estate Academy EREA’s Products and Services. Prices and availability of Experts Real Estate Academy EREA Products and Services may vary from time to time, from affiliate to affiliate, and from region to region. Because price changes may affect products that you have listed on your Affiliate Site, you may or may not be able to include price information in your product descriptions. We will use commercially reasonable efforts to present accurate information on our website, but we cannot guarantee the availability or price of any particular Experts Real Estate Academy EREA Product or Service.
- ANTI-SPAM
The CAN-SPAM Act of 2003, Canada’s Anti-Spam Legislation, S.C. 2010, c.23, sets out that you may only send emails containing an Experts Real Estate Academy EREA affiliate link and or a message regarding Experts Real Estate Academy EREA or Experts Real Estate Academy EREA’s Affiliate Program to people who have previously consented to receive such communications from you.
Additionally, you shall not create, publish, transmit or distribute, under any circumstances, any bulk email messages without prior written consent from Experts Real Estate Academy EREA, to be granted or denied in Experts Real Estate Academy EREA’s sole discretion, in each instance.
Failure to abide by the above will be deemed a material breach of this Agreement by you and will result in the forfeiture of any commissions and the termination of your participation in the Affiliate Program.
- DATA SECURITY
Affiliate shall comply with all applicable data protection laws regarding the transmission of data exported to or from the United States or the country in which Affiliate resides, including without limitation, the GDPR, CCPA, or applicable Canadian regulations. Affiliate agrees to promptly assist Experts Real Estate Academy EREA in complying with any data subject rights request that Experts Real Estate Academy EREA may receive from any individuals referred to Experts Real Estate Academy EREA by the Affiliate.
For more information, please see our Privacy Policy.
- ORDER PROCESSING
We reserve the right, in our sole discretion, to reject orders that do not comply with certain requirements that we may establish from time to time. We process orders placed by Customers who follow the Links from an Affiliate Site or other promotions run by an Affiliate.
All aspects of order processing and fulfillment for Customers, including Experts Real Estate Academy EREA’s services, cancellation, processing, refunds, and payment processing is our responsibility.
- USE OF LICENSE AND TRADEMARKS
Experts Real Estate Academy EREA hereby grants to you during the Term (defined in Section 7 below) a non-exclusive, non-transferable, revocable, royalty-free license to establish hyperlinks between your Affiliate Site and the Experts Real Estate Academy EREA website and to use Experts Real Estate Academy EREA’s trade names, logos, trademarks and service marks (the “Marks”) solely for the purpose of marketing and promoting the Services.
The foregoing license does not include the right to, and Affiliate will not modify the Marks in any manner, incorporate any of the Marks into any other trademark or service mark, or combine the Marks with any other words, logos, designs, service marks or trademarks.
Affiliate will comply with any trademark usage guidelines and instructions provided by Experts Real Estate Academy EREA in connection with the Affiliate’s use of the Marks.
We will have the right to review and monitor the Affiliate’s use of the Marks. If there is any non-compliance with such guidelines and instructions, at Experts Real Estate Academy EREA’s request and direction, the Affiliate will, at its sole cost, promptly correct any non-complying use of the Marks.
Affiliate will not adopt brands, logos, trademarks, service marks, trade names or other marks which are the same as or confusingly similar to the Marks.
Affiliate’s use of the Marks in any advertisement, web page, promotional materials, or other items shall be subject to Experts Real Estate Academy EREA’s prior review and approval, and Affiliate will furnish to Experts Real Estate Academy EREA an advance copy of each such items.
All goodwill arising from the Affiliate’s use of the Marks will inure solely to the benefit of Experts Real Estate Academy EREA.
Affiliate will at all times maintain a high level of quality for the Affiliate Site.
Except as set forth above, we each reserve all rights, title, and interest in our respective intellectual property rights (e.g., patents, copyrights, trade secrets, trademarks, and other intellectual property rights). Use of Marks except as set forth herein is strictly prohibited.
- INTELLECTUAL PROPERTY DISCLAIMER CONT.
EXCEPT AS PERMITTED HEREIN, YOU SHALL NOT AND ARE NOT AUTHORISED TO (i) USE THE Experts Real Estate Academy EREA TRADEMARK, NAME, LOGO OR ANY OF OUR OTHER INTELLECTUAL PROPERTY, INCLUDING WITHOUT LIMITATION, THE LINKS, AND THE LICENSED MATERIALS (COLLECTIVELY, THE “Experts Real Estate Academy EREA IP”) (OR ANY VARIATIONS OR MISSPELLINGS THEREOF OR OTHER TERM OR TERMS CONFUSINGLY SIMILAR TO ANY OF THE FOREGOING) WITHOUT Experts Real Estate Academy EREA’S EXPRESS PRIOR WRITTEN PERMISSION; (ii) USE Experts Real Estate Academy EREA IP IN A DOMAIN OR WEBSITE NAME, IN ANY BIDS FOR KEYWORDS OR GOOGLE ADWORDS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), IN ANY SEARCH ENGINE ADVERTISING (PAID OR OTHERWISE), IN ANY META-TAGS, GOOGLE ADWORDS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), KEY WORDS, ADVERTISING, SEARCH TERMS, CODE, OR OTHERWISE; (iii) ACT IN ANY WAY THAT CAUSES OR CREATES OR COULD CAUSE OR CREATE ANY “INITIAL INTEREST CONFUSION” OVER THE USE OF Experts Real Estate Academy EREA IP ON THE INTERNET OR IN ANY SEARCH ENGINE ADVERTISING. YOUR USE OF Experts Real Estate Academy EREA IP IN ANY MANNER, OTHER THAN AS EXPRESSLY PERMITTED HEREUNDER SHALL CONSTITUTE UNLAWFUL INFRINGEMENT OF Experts Real Estate Academy EREA’S INTELLECTUAL PROPERTY RIGHTS, AND MAY SUBJECT YOU TO CLAIMS FOR DAMAGES (INCLUDING POTENTIAL TREBLE DAMAGES FOR KNOWING OR WILFUL INFRINGEMENT), AND THE OBLIGATION TO PAY Experts Real Estate Academy EREA’S LEGAL FEES AND COSTS IN CONNECTION WITH ANY ACTION OR PROCEEDING IN WHICH Experts Real Estate Academy EREA SEEKS TO ENFORCE ITS RIGHTS UNDER THIS AGREEMENT OR WITH REGARD TO ANY OF Experts Real Estate Academy EREA’S INTELLECTUAL PROPERTY RIGHTS.
FTC COMPLIANCE
The Federal Trade Commission (FTC) requires that material connections between advertisers and endorsers be disclosed. We require all Experts Real Estate Academy EREA Affiliates to comply with applicable laws, and regulations and prominently disclose compensation for Referred Customers. Experts Real Estate Academy EREA reserves the right to withhold Commission Fees and cancel the affiliate relationship with you should we determine, at our sole discretion, that you are not in compliance with the previously mentioned guide or other FTC regulations or guides on your Affiliate Sites (e.g. directories, review/rating websites, blogs, and other websites) and any email or collateral that provide an endorsement or assessment of Experts Real Estate Academy EREA’s Products and Services.
CONFIDENTIALITY
Each of the parties hereto agrees to all proprietary information related to the business of Experts Real Estate Academy EREA and any of its affiliates, clients, and other third parties to which you have access, whether in oral, written, graphic and/or machine-readable form, in the course of or in connection with this Agreement (collectively, the “Confidential Information”) confidential and will only use such Confidential Information to perform your obligations under this Agreement. You may disclose the Confidential Information only to those who have a need to know such Confidential Information solely in connection with this Agreement; provided that you assume full responsibility for any failure to comply with this Agreement.
Notwithstanding the foregoing, each party is hereby authorized to disclose confidential information (a) pursuant to a valid subpoena or order issued by a court or administrative agency of competent jurisdiction, (b) to its accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation, or legal process including, without limitation, the Securities Exchange Act of 1933, as amended, and the rules and regulations promulgated thereunder, and the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder
REPRESENTATIONS AND WARRANTIES.
EACH OF US HEREBY REPRESENTS AND WARRANTS TO THE OTHER THAT:
16.1. it has full power and authority to enter into this Agreement and to perform its obligations hereunder;
16.2. it has obtained all permits, licenses, and other governmental authorizations and approvals required for its performance under this Agreement;
16.3. it will perform its obligations in compliance with all laws, rules, and regulations applicable to its activities pursuant to this Agreement.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
Experts Real Estate Academy EREA will remain solely responsible for the operation of the Experts Real Estate Academy EREA website and Services, and you will remain solely responsible for the operation of the Affiliate Site. Each party acknowledges that its respective sites may be subject to temporary downtime due to causes beyond its reasonable control; it retains sole right and control over the programming, content, and conduct of transactions over its respective site or service.
EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES PROVIDED IN THIS AGREEMENT, THE SERVICES AND AFFILIATE REFERRAL PROGRAM ARE PROVIDED “AS IS,” AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Experts Real Estate Academy EREA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR THROUGH COURSE OF DEALING, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY REGARDING (I) THE AMOUNT OF COMMISSIONS AFFILIATE MAY GENERATE DURING THE TERM, AND (II) ANY ECONOMIC OR OTHER BENEFIT THAT AFFILIATE MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENT.
UNDER NO CIRCUMSTANCES WILL Experts Real Estate Academy EREA BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING ANY CLAIMS FOR LOST PROFITS, LOST BUSINESS, OR LOST DATA) ARISING OUT OF THIS AGREEMENT, EVEN IF Experts Real Estate Academy EREA HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Experts Real Estate Academy EREA ENTIRE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT, WHETHER, IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHER CAUSE OF ACTION WILL NOT EXCEED THE AMOUNTS PAID TO AFFILIATE UNDER THIS AGREEMENT IN THE THREE-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
- INDEMNIFICATION
You agree to indemnify, defend and hold harmless us and our affiliates, directors, officers, employees, and agents, from and against any and all liability, claims, losses, damages, injuries, or expenses (including reasonable attorney’s fees) relating to the operation of any Affiliate Site, a breach of your obligations under this Agreement, or the violation of any third party intellectual property rights in respect of your Affiliate Site and activities under this Agreement.
- DISPUTE RESOLUTION; BINDING ARBITRATION
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Experts Real Estate Academy EREA and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or Experts Real Estate Academy EREA seek to bring an individual action in small claims court, you and Experts Real Estate Academy EREA waive your rights to a jury trial and to have any dispute arising out of or related to this Agreement resolved in court. Instead, all disputes arising out of or relating to this Agreement will be resolved through confidential binding arbitration held in New York in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available at www.jamsadr.com and are hereby incorporated by reference. You either acknowledge or agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
YOU AND Experts Real Estate Academy EREA AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT IS PERSONAL TO YOU AND Experts Real Estate Academy EREA AND THAT ANY DISPUTE WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING.
You and Experts Real Estate Academy EREA agree that this Agreement affects interstate commerce and that the enforceability of this Section 11 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. All disputes between Experts Real Estate Academy EREA and you will be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. As limited by the FAA, this Agreement, and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in a court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, consolidate more than one individual’s claims, or preside over any proceeding involving more than one individual, all of which are prohibited by this Agreement.
You and Experts Real Estate Academy EREA agree that for any arbitration you initiate, you will pay the filing fee, and Experts Real Estate Academy EREA will pay the remaining JAMS fees and costs. For any arbitration initiated by Experts Real Estate Academy EREA, Experts Real Estate Academy EREA will pay all JAMS fees and costs.
You and Experts Real Estate Academy EREA expressly agree that the state and federal courts of New York shall have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim related to this Agreement must be filed within one year after the claim arose; otherwise, you and Experts Real Estate Academy EREA no longer have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 11 by sending a written letter to Experts Real Estate Academy EREA, Attention: Affiliate Program, 1178 Broadway, 3rd Floor #1166, New York, NY 10001, that specifies (i) your name, (ii) mailing address, and (iii) your request to be excluded from the final, binding arbitration procedure specified above. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 12.3. of this Agreement.
- GENERAL PROVISIONS
You and Experts Real Estate Academy EREA are entering this Agreement as independent contractors, and nothing will be construed to create a partnership, agency, joint venture, or employment relationship between you and us.
This agreement may be modified at our sole discretion. Modifications may include, but are not limited to, changes in the scope of available Commission Fees, commission amounts or percentages, payment procedures, Commission Fee payment schedules, and Affiliate Program rules. Your continued participation in the Affiliate Program following our posting of any modification constitutes binding acceptance of the change.
Neither you nor we will be considered to be in breach of or default under this Agreement on account of any delay or failure to perform as a result of any causes or conditions that are beyond our respective reasonable control. If any force majeure event occurs, the affected party will give prompt written notice to the other and will use commercially reasonable efforts to minimize the impact of the event.
This Agreement has been made in and shall be construed and enforced in accordance with the laws of the State of New York, without reference to its conflict of laws provisions. You and Experts Real Estate Academy EREA expressly agree to exclusive jurisdiction in any competent court in New York.
Any notices under this Agreement will be given in writing. Notices may be given by electronic mail and will be deemed delivered and given for all purposes on the sent date, but only if the receiving party has confirmed its receipt by return electronic mail. Notices sent via traditional means will be sent via postal mail or certified mail, return receipt requested. Notices to Experts Real Estate Academy EREA will be sent to Experts Real Estate Academy EREA, Attention: Affiliate Program, 115 S Marion St, Athens AL 35611.
You may not assign this Agreement, in whole or in part, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns.
The failure of either you or us to enforce any provision of this Agreement will not constitute a waiver of the right to subsequently enforce the provision. Any remedies specified in this Agreement are in addition to any other remedies that may be available at law or in equity.
This Agreement represents the entire agreement between you and us with respect to the subject matter covered by this Agreement and supersedes any other oral or written agreements regarding such subject matter, and may be amended or modified only by a written instrument signed by a duly authorized agent of each party.
If any provision of this Agreement is determined to be invalid, unlawful, void, or unenforceable to any extent, such provision will be interpreted to best reflect the parties’ intent, and the remainder of this Agreement will not be affected and will continue to be valid and enforceable to the fullest extent permitted by law.
ANNEX A – DEFINITIONS
“Affiliate” shall mean the business, individual, or entity applying to or participating in the Affiliate Program, or that displays Experts Real Estate Academy EREA’s Products and Services and/or promotions on its website, or other means, using an affiliate tracking code in exchange for receiving a commission from Experts Real Estate Academy EREA for sales and referrals directly resulting from the such display.
“Affiliate Platform” shall mean a third-party platform, used by Experts Real Estate Academy EREA to track Affiliate performance, including referrals and commissions earned through the Affiliate Program.
“Affiliate Site” individually and collectively means your website and/or email communications and/or software registrations.
“Affiliate Referral Program” means the program we manage or control by which participating entities place links on their Affiliate Site that connect to the Experts Real Estate Academy EREA website and for which a commission is earned for new Experts Real Estate Academy EREA subscribers.
“Experts Real Estate Academy EREA’s Platform and Software Services Products and Services” shall mean the Platform and Software Services and related products and services that are available for purchase from Experts Real Estate Academy EREA.
“Experts Real Estate Academy EREA’s Products and Services” shall mean Experts Real Estate Academy EREA’s Platform and Software Services.
“Commission Fees” shall mean the amount you will be paid for each Qualified Action by a Referred Student that you refer or sales completed to Experts Real Estate Academy EREA subject to the Commission-payment Threshold and pursuant to the terms of this Agreement.
“Commission Threshold” shall mean the amount of Commission Fees an Affiliate must accrue prior to receiving a payment from Experts Real Estate Academy EREA.
“Qualified Action” shall mean a Qualified Purchase and/or Qualified Referral.
“Qualified Purchase” shall mean a sale of Experts Real Estate Academy EREA Products and Services by Experts Real Estate Academy EREA to a paying Referred Student that is not excluded.
“Qualified Referral” shall mean a free trial sign-up for Experts Real Estate Academy EREA’s Platform and Software Services to a Referred Student that is not excluded.
“Referred Customer” shall mean each new and unique student referred from Affiliate through a Link that provides valid account information and, in the case of a Referred Student that makes a Qualified Purchase, billing information.
