AFFILIATE PROGRAM TERMS OF SERVICE
Enrollment in the Affiliate Program
(a) Application Completion. If you have not already done so, you need to complete an application to the Affiliate Program (the “Application”). The Application can be found at https://www.ibec.co.in/affiliate-register-page/.
(b) Acceptance of Your Application. If we choose to accept Your Application, You will receive an email notification confirming that Your Application has been approved. You understand and agree that we may accept or reject Your Application at Our sole discretion. Your Application will be rejected if any of the information You provide is incorrect or incomplete, if Your website promotes materials of a sexual, pornographic, violent, or defamatory nature, if You or Your website discriminate, violate any applicable law, or violate any person’s intellectual property rights, or for any other reason We may deem fit to reject Your Application. Affiliates must be at least 18 years old in order to participate in the Affiliate Program.
(c) Access to our Affiliate Program. If we have accepted Your Application, We will send you a welcome email with your login details so that you may enter our secure affiliate center. From this center you will be able to download Promotional Materials and qualifying links as well as access your reports which will describe our calculation of the affiliate commissions due to you. It is your responsibility to keep your username and password information secure. For purposes of clarity, Promotional Materials is defined as banners, text links, article copy, and access to data feeds.
(d) You will ensure that your information including your email address is at all times complete, accurate and up-to-date. We may send communications to the email address associated with your account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.
You will receive commission for Qualified Referrals to IBEC. The percentage of commission may change at any time and without notice.
“Qualified Referrals” mean customers referred by you to IBEC who: (1) click on your unique tracking link; (2) within ninety (90) days of clicking on your unique tracking link, successfully purchase, as a school owner, a monthly or yearly subscription for IBEC or another IBEC product; and (3) maintain an active account and the monthly or yearly subscription with IBEC for a minimum of thirty-one (31) days.
Affiliates who share the same personal/company details, including but not limited to, last name, email address, IP address, website details, or commission payment details, as their referred customer will be deemed to have made a “Self-Referral.” Referral commission and any earnings associated with this type of “Self-Referral” will not be paid. IBEC, in its sole discretion, will determine the classification of any referral as a “Self-Referral.”
Referrals made to current IBEC customers will be considered “Current Customer Referrals” and referral commission and any earnings associated with Current Customer Referrals will begin accruing after the referral was made. You will not receive referral commission for a Current Customer Referral for any payments the customer made to IBEC before the referral. IBEC, in its sole discretion, will determine the classification of any referral as a “Current Customer Referral.”
Commissions earned on referrals become payable 15 days after the referred customer becomes a Qualified Referral. Your total commission amount must equal or exceed 100 Rupees (Rs. 100) before receiving a payment from IBEC. If your total commission for a given month is less than Rs. 100, payment will be held until the total commissions equal or exceed Rs. 100.
If at any time a Qualified Referral files a credit card dispute, any earned Affiliate commission on the disputed charge shall become frozen in your account until the dispute is settled. You will not receive any interest on commissions that have been frozen. If the dispute is settled in IBEC’s favor, any associated earned Affiliate commission will become payable to you. If the dispute is settled in the Qualified Referral’s favor, any associated earned Affiliate commission shall not be paid to you. If commissions have already been paid out to you, the amount of earned commissions on the disputed charges shall be debited to your account.
Commission payments will be paid in INR and may be made via cheque or electronic payment (such as Paypal, Bank Transfer). You are responsible for paying all applicable fees associated with accepting payments, including but not limited to, currency conversion fees, transaction fees, withdrawal fees, deposit fees, and cheque cashing fees. Commissions are paid out on the 15th & 30th day of each month.
In order to receive payments for earned commissions, you must provide IBEC all required documents (PAN Card, Aadhaar Card, and any other documents), as instructed by IBEC. You will be deemed to have permanently waived all rights to Commissions that were earned more than 120 days before submitting a required documents to IBEC. 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 paid out to you by IBEC.
IBEC reserves the right to request documentation in order to approve your account. These requests may be made during the Affiliate Program application process or at any time while you have an active account in the Affiliate Program. If requests for documentation are not responded to in a timely manner, IBEC reserves the right to terminate, deactivate, or not approve your account.
You shall bear your own costs and expenses related to marketing and promoting IBEC and/or the Affiliate Program. IBEC is not obligated to reimburse or credit you for any marketing expenses.
You may not engage in any of the following marketing activities and represent and warrant that your marketing practices do not violate any of these restrictions:
- Affiliates shall not make any false, misleading, or disparaging statements with respect to the Affiliate Program, IBEC, its employees, its customers, its Services (as defined in IBEC’s Terms & Condition), or its Affiliates.
- Affiliates shall not create websites or advertisements that copy, imitate, or resemble the look and feel of IBEC’s Services. Affiliates shall not copy IBEC’s website or any portions thereof, including, without limitation, any of IBEC’s trademarks or other intellectual property, and display them on their own site or subdomain or use them in any way without IBEC’s prior express written consent.
- Affiliates shall not offer cash back, coupons, rewards or other incentives as part of their marketing efforts for the Affiliate Program.
- Affiliates shall not use traffic that is generated by, including, but not limited to, pay to click, pay to read, banner exchanges, click exchanges, cost-per-view advertising, pop-up/under, spam, purchased traffic, or similar methods without prior written consent from IBEC.
- Affiliates shall not use cookie stuffing techniques that set the tracking cookie without the potential customer actually clicking on the Affiliate’s referral link.
- Affiliates are responsible for ensuring their tracking codes are working properly before sending traffic to IBEC’s servers. Any modification to the links is the sole responsibility of the Affiliate. Referral fees may be withheld, as determined in IBEC’s sole discretion, for tracking errors caused by editing, masking, redirecting or tampering with affiliate links.
- Affiliates shall not bid on or use IBEC’s trademarks or misspelled keywords for the purpose of pay-per-click on internet search engines without prior written consent from IBEC.
- Affiliates shall not use IBEC’s trademarks or misspelled keywords in their domain names.
- Affiliates shall not use redirected pages and links to send a potential customer to IBEC’s website.
- Affiliates shall not engage in domain forwarding (i.e. purchasing a domain and setting it to forward directly to IBEC’s website using an affiliate link).
- Affiliates shall not engage in the advertisement of business-opportunity websites or use marketing practices that attract fraudulent or short-term customers.
- Affiliates shall not engage in any marketing activity that may harm the reputation or credibility of IBEC, including using low-quality marketing materials, or advertising on any website that promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or any illegal activities, or violates the intellectual property or other rights of a third party.
- Affiliates must include a physical mailing address and unsubscribe information for any marketing email sent promoting IBEC’s Services.
- Affiliates shall make clear that they, not IBEC, are the sender of all marketing communications related to the promotion of IBEC’s Services.
- Affiliates shall not engage in any marketing or promotional activities that violate applicable laws, rules, or regulations.
- Affiliates shall not market using facsimile, broadcast, telemarketing, text message marketing, or other offline marketing methods regarding IBEC or IBEC’s Services without the express written consent of IBEC.
- Affiliates shall not use malware or spyware to market or promote IBEC’s Services.
In IBEC’s sole discretion, affiliate accounts generating a large number of fraudulent accounts or that are associated with any false or misleading advertising or suspected fraudulent activity will be deactivated.
You may terminate your participation in the Affiliate Program at any time. You may discontinue your participation in the Affiliate Program by removing your affiliate links from your website and no longer promoting them. For accounting purposes, IBEC’s systems will retain Your account and personal information. By terminating your participation in the Affiliate Program, you waive your right to be paid any unpaid commissions below the minimum threshold and you assign (by way of future assignment) all of your rights and ownership of any commissions which we are holding to your account. You will not receive any commissions which are earned after the date of termination.
Upon termination, all rights granted to you shall immediately terminate.
- Relationship Between You And IBEC
Neither these Terms of Service nor your participation in the Affiliate Program creates any employment, independent contractor, agency, partnership, or joint venture relationship between you and IBEC.
During the term of these Terms of Service and for one (1) year after it has expired or been terminated, You agree that You will not disparage IBEC, its officers, directors, or employees or otherwise take any action that could reasonably be expected to adversely affect IBEC’s reputation. Under these Terms of Service, “disparage” includes, but is not limited to, any negative statement, whether written or oral, about IBEC, its officers, directors, or employees. You agree and acknowledge that this provision is a material term of the Terms of Service, the absence of which would have resulted in IBEC refusing to enter into this agreement.
- Release And Authorization To Use Photographs
You grant IBEC permission to use any and all photographs taken by IBEC or its agents or employees, or submitted by You to IBEC (hereinafter “Photographs”) in any media (including, but not limited to, print, internet, film, television and no matter how distributed or published) for any purpose, including, but not limited to, advertising, promoting, and marketing of IBEC or any product or service sold and marketed by IBEC. You agree that this authorization to use Photographs may be assigned by IBEC to any other party, may be combined with other Photographs, sounds, text and graphics, and may be manipulated, cropped, altered or modified in IBEC’s sole discretion. You agree not to make any monetary assessment against IBEC in exchange for the release under this section. You hereby release and forever discharge IBEC free from any and all liability and from any damages. You further acknowledge and agree that this release is binding upon Your heirs and assigns and that the release is irrevocable.
- Assumption Of Risk
You are solely responsible for ensuring that your participation in the Affiliate Program complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to participation in the Affiliate Program.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, IBEC, ITS PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND ANY THIRD PARTY INFORMATION PROVIDERS TO THE SITES, SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, IBEC SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, IBEC SHALL NOT BE LIABLE TO ANY PARTY FOR CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS IN ITS ESSENTIAL PURPOSE, IBEC’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL NOT EXCEED THE AMOUNT OF COMMISSIONS YOU EARNED OVER THE TWELVE (12) MONTHS PRECEDING THE CLAIM(S), UNLESS OTHERWISE REQUIRED BY THE APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless IBEC, its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Sites from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Service by you or arising from or related to your use or misuse of the Affiliate Program.
- Third Party Rights
The sections titled Limitation of Liability and Indemnification are solely for the benefit of IBEC and its present and future officers, directors, employees, agents, licensors, suppliers, and any third-party providers to the Sites. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on their own behalf. Except as set forth herein, nothing express or implied in these Terms of Service is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity. You may not assign your rights under these Terms of Service without IBEC’s prior written consent.
- Unlawful Activity; Termination Of Access
IBEC reserves the right to investigate complaints or reported violations of these Terms of Service and to take any action it deems appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities. IBEC may discontinue your participation in the Affiliate Program at any time for any reason or no reason.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone participating in the Affiliate Program. YOU WAIVE AND HOLD HARMLESS IBEC AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR AS A RESULT OF, ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
- Remedies For Violations
IBEC reserves the right to seek all remedies available at law and in equity for violations of these Terms of Service.
- Governing Law And Jurisdiction; Disputes And Arbitration
Any dispute, controversy or claim (“Dispute”) arising out of, relating to, or in connection with these terms of service, termination or validity hereof, shall initially be resolved by amicable negotiations among executives of the Parties and, if not resolved through such negotiations within 30 (thirty) days of written notice of the existence of such Dispute, be finally settled by arbitration under the Arbitration & Conciliation Act, 1996, as amended time to time, by sole arbitrator as appointed by International body For Education & Capacity Development (IBEC). The venue of arbitration shall be Lucknow, Uttar Pradesh and the proceedings of the arbitration shall be conducted in the English language.
During the arbitration, the Parties shall continue to fulfill their respective obligations under the Terms of Service except for such obligations, which are the subject matter of the arbitration.
The arbitral award shall be in writing, stating the reasons for the award, and shall be final and binding on the Parties concerned. The award may include an award of costs, including reasonable attorneys’ fees and disbursements.
These Terms of Service shall be governed by the laws of India. The parties irrevocably agree that the jurisdiction of Lucknow shall have “exclusive” jurisdiction to settle any dispute or claim that arises out of or in connection with this Terms of Service or its subject matter or formation .
Limitation On Time To File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM SHALL BE PERMANENTLY BARRED.
- Entire Agreement; Severability Of Provisions; No Waiver
These Terms of Service constitute the entire agreement with respect to participation in the Affiliate Program. If any provision of these Terms of Service is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.
- Changes To The Terms Of Service
IBEC may review and update these Terms of Service at any time in our sole discretion and it is your responsibility to keep abreast of those changes. All changes are effective immediately when posted. Your continued participation in the Affiliate Program following the posting of revised Terms of Service means that you accept and agree to the changes which are binding on you, so please check this webpage periodically for updates.
- Contact Us
If you have questions or concerns regarding these Terms of Service or the Affiliate Program, you may contact us at:
International Body For Education & Capacity Development (IBEC)
C-24, Ground Floor, Rani Laxmi Bai Marg,
Lucknow, Uttar Pradesh, India- 226017.
Email: [email protected]