Affiliate is an independent contractor for eLearningU.com and no partnership will be formed by this agreement. Affiliate is responsible for paying his/her own taxes on any revenue that is generated from participation in this program.

Affiliate is not permitted to register for the eLearningU.com Affiliate Program more than once, and any attempt to artificially inflate Affiliate's referral fees will be grounds for immediate termination of this Agreement.

Affiliate understands that eLearningU.com monitors all Affiliate registrations and orders, and agrees that eLearningU.com may terminate this Agreement and withhold all referral fees due if Affiliate is found in violation of this policy.

Referral Fees
Purchase of products and services by Affiliate's referred customers will earn Affiliate a referral fee equal to 20% of the sale price.

eLearningU.com instructors are entitled to an additional 40% of the sale price on any of their products and services sold on eLearningU.com.

Referral Fee Payments
eLearningU.com will mail a referral fee payment in U.S. dollars for the applicable referral fees within the first week of each calendar month for the previous month's referral fees. An online statement of customer purchase activity is available to Affiliate at all times.

Returns and Cancellations
If a refund is requested by Affiliate's customer for any product or service, the corresponding referral fee will be deducted from Affiliate's next monthly referral fee payment. The referral fee becomes immediately due to eLearningU.com if Affiliate does not earn any commission in the month following refund.

NO SPAM!
eLearningU.com reserves the right to terminate your account and withhold all referral fees due if we find any kind of unsolicited e-mail containing ANY reference to any product created/listed by eLearningU.com, our Web site, or any connection that leads the recipient of said mail to our Web site. These practices will NOT be tolerated. 

Commercial advertisements are unwelcome in most Usenet discussion groups and on most mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.

Sending a message to a group, especially an advertisement, is considered spamming unless the individuals have specifically requested to be added to a mailing list on that topic.

Indemnification
Affiliate agrees that he/she shall defend, indemnify, save and hold eLearningU.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against eLearningU.com it's members, officers, and employees, that may arise or result from any product or service provided, performed or agreed to be performed or sold by Affiliate, it's members, employees or assigns. 

Referral Links
Affiliate may provide a link from a Referring Web Site to the eLearningU.com Web Site or any Web Site owned by eLearningU.com and earn referral fees as outlined above. Affiliate may not display the eLearningU.com name, image, or link in any way that may defame the eLearningU.com name or brand.

Affiliate may not link to eLearningU.com from a Referring Web Site which promotes spam as described in this Agreement, sexually explicit material, violence, illegal activities such as software piracy, or discrimination based on race, sex, religion, national origin, physical disability, sexual orientation, or age.

Service Interruption and Tracking
eLearningU.com will make every effort to ensure that its Web site is operational, and to track Affiliate's referred customers. However, certain unavoidable technical difficulties may occasionally cause temporary service and tracking interruptions. Affiliate agrees that eLearningU.com is not liable in any way for such interruptions.  

eLearningU.com uses cookies and IP addresses to track visitors referred by Affiliate. Affiliate's ID is also hard-coded into the registration form to track order via fax and mail. Every attempt possible will be made to credit Affiliate for sales generated through Affiliate's referral link.

References and Testimonials
Affiliate agrees to cooperate with eLearningU.com in the development of press releases, testimonies, and other such marketing materials. Affiliate grants eLearningU.com unlimited rights to reference Affiliate in any and all marketing materials, without further compensation.
 
Term and Termination
This agreement will remain in effect for as long as eLearningU.com makes the service available, unless the agreement is terminated due to breach of its terms. eLearningU.com and Affiliate have the right to terminate this agreement at any time by notifying the other party in writing. The final referral fee payment to Affiliate may be withheld for a reasonable time in order to ensure that the correct amount is paid to Affiliate.

Agreement Modification
eLearningU.com reserves the right to change any of these terms and conditions, at any time and at its sole discretion, by posting a new agreement on the eLearningU.com web site and notifying Affiliate via e-mail.

Governing Law
This Agreement shall be governed by the laws of the Province of Nova Scotia, and the parties agree that any claim, dispute or other difference shall be exclusively resolved by binding arbitration pursuant to the Commercial Arbitration Rules of the Arbitration and Mediation Institute of Canada Inc. with arbitration to occur at a location selected by eLearningU.com.

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