CSGP Affiliate Agreement
Strategies For College, Inc.
Affiliate Agreement to Promote College Search GamePLAN & Personal Coaching Services
Welcome to the College Search GamePLAN, a Membership Program by Strategies for College, a Vermont based independent college counseling company.
Please read these terms of use (the “Terms”) carefully before proceeding to the sign up/subscription process as using the Website and the Service represents a legally binding contract between us.
These Terms apply to the entire content of the website at http://www.
We do ask you to accept these terms in order to invite you into the sign up/subscribe process. These Terms are issued by Strategies for College, a private limited company registered in USA with number 0325570 whose registered office is at 143 Barre Street Montpelier, VT 05602 (the “Company” and “we”).
By clicking on the “Accept” button below you agree to these Terms which will bind you.
If you do not agree to these Terms, or have specific concerns, please contact us at collegesearchplan@gmail.com.
Purpose & Intent: The purpose and intent of this agreement between the parties is to facilitate the sales of membership subscriptions and personal coaching services offered by Strategies For College, Inc. (SFC) by you, the Affiliate. The terms and conditions of this agreement are listed below. Please read the terms and conditions that govern this agreement before submitting your request to join our Affiliate Program.
1 Parties to this Agreement
1.1 Strategies For College, Inc. (“SFC”)a Vermont corporation that may be contacted at 143 Barre Street
Montpelier, VT 05602, with an email address of affiliate@strategiesforcollege.com and a telephone number of (603) 298-9832.
1.2 “You”, “Your” refers to each and every affiliate of the SFC Affiliate Program. Participation in the program constitutes full and complete acceptance of the Terms and Conditions set forth herein.
2 SFC Responsibilities
2.1 Coded URL/affiliate tracker. Upon your acceptance, SFC will provide you with a URL (or other such identifying credential) coded to specifically identify you which will allow you to create a link to the SFC member web site located at www.collegesearchgameplanmembers.com. You may post this link in any location, as many times as you like subject to the remaining terms of this agreement regarding acceptable links.
2.2 Tracking. SFC agrees to track the customers referred to the aforementioned website via the link provided to you for that purpose. SFC will pay you a commission for each sale made in compliance with this agreement pursuant to the commission schedule and the terms set forth in this affiliate agreement and based upon section 4.2 of this agreement.
2.3 Second Tier. There is no second tier program or commission at this time, nor any tier beyond what is currently offered by SFC. If a second tier is offered in the future, you will be notified and you will have access to that tier for the purposes of commissions.
3 Affiliate Responsibilities
3.1 Minimum Age. You agree that you are 18 years of age or older on the date that you first approve the terms. You agree that you are in a jurisdiction where participation in the SFC Affiliate Program does not violate any law, ordinance, regulation or standard.
3.2 Operative Link. You agree to take full responsibility for ensuring the proper and continuing operation of your coded URL. You agree that you will notify SFC if your coded URL ceases to function or ceases to function properly.
3.3 Representations. You agree that you will not make any representations, promises, warranties or other statements about SFC, any SFC web sites, products or policies other than as may be expressly approved in writing by SFC or as otherwise provided to you by SFC for that purpose.
3.4 Link. You may use the coded URL provided by SFC via the available Link Library at the SFC Affiliate Website or in any other form you wish provided that your use of the URL is not in any way disparaging of SFC or otherwise not appropriate or acceptable in SFC’s sole opinion and judgment. You may not violate any copyright, trademark or other intellectual property right of SFC or any other party. You may not violate the SFC General Terms of Service For Members.
3.5 Amendments. You agree that this agreement may be amended by SFC at any time without notice to you, although SFC will make reasonable effort to notify you of any changes.
3.6 Customers of SFC. SFC will have the sole right and responsibility to service all paid customers (“customers”) secured through your coded URL. All dealings with customers shall be directly and solely between customer and SFC. SFC shall have the right and obligation to determine all pricing and product offerings and shall have the right to make any changes thereto without notice to any affiliate.
4 Commissions
4.1 Commission Rate. Commissions are paid on a per customer basis for each new account purchased via your coded URL subject to the Terms and Conditions set forth herein. There will be no obligation to pay any other commission. The current commission rate for SFC membership products (i.e. College Search GamePLAN Family and Professional Memberships) is 40% (fourty percent) of the monthly membership fee. Commissions are paid on new accounts only for each month of paid membership. The current commission rate for SFC “Personal Coaching” services offered via www.collegesearchgameplanmembers.com is the lesser of 10% or $200 for any one new customer.
4.2 Qualified Commission. A “qualified commission” is one for which the new member which is the subject of the commission has remained in good standing continuously for at least 30 days from inception and has not requested a refund of the purchase price. SFC shall make all decisions as to whether any commission is a “qualified commission”. Free (i.e. Promo, Education, Training, Sponsored, Donated, etc) memberships will not receive commissions of any kind. The use of coupon codes not authorized by SFC in direct response with affiliates negates any affiliate commission on any/all purchases or referrals.
4.3 Payment Date. SFC will pay to you all qualified commissions on or before the end of the month following the date upon which the commission becomes a qualified commission. Commissions are paid via US Check or via PayPal.
4.4 Timing of Calculation. SFC agrees to pay you the commission set forth in paragraph 4.1 herein in effect at the time such commission becomes a qualified commission. The commission amount or any other term of this agreement may be changed by SFC. If such a change occurs, SFC will notify you and provide 30 days notice.
4.5 Payment Form. Commissions will be paid either via check sent to the address you provide at registration of your affiliate account or directly to your PayPal account. Any changes to this preference may be made via email to affiliate@strategiesforcollege.com. SFC is not responsible for any loss or damage sustained as the result of any dealings with or otherwise arising out of disputes with PayPal or your personal bank.
5 Ownership and Licenses
5.1 Property Ownership. Each party to this agreement shall retain all right, title and interest in its names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology, including, without limitation, those names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology currently used or which may be developed and/or used by it in the future.
5.2 License. SFC grants you as an affiliate a revocable, non-exclusive, worldwide license to use, reproduce and transmit the SFC logos, trademarks and service marks (“Marks”) on your site(s) and only your site(s) for the sole purpose of facilitating a link between your site and SFC to accomplish the purpose and intent of this affiliate agreement. You may also use the links and images located in the link library prepared specifically for that purpose subject to the same terms and conditions.
You may not otherwise use, copy, distribute, change, modify, or otherwise alter any such property. This license is neither assignable nor transferable.
5.3 Limitation. Any license granted under this section 5 shall not include any right to use the Marks in any third party advertising without the express written consent of SFC with reference to this paragraph. Any use of the Marks contrary to the intent of this paragraph shall cause all sales generated under your affiliate account to become ineligible for commission. Without limitation and by way of example only third party advertising would include the purchase of Marks as keywords from any pay-per-click campaign service such as Google™.
5.4 Cease use upon demand. You agree to immediately cease the use of any mark upon request made by SFC to the email address provided by you and maintained on file for you by SFC. You agree to immediately cease the use of any link created by you to SFC upon request by SFC to the email address provided by you and maintained on file for you by SFC.
6 Termination
6.1 Effect upon Commission. Either party may terminate this agreement at any time upon notice in writing to the other party. Other than any termination under paragraph 6.2 herein, any commission which has become a qualified commission as of the date of such termination will be paid post termination. Any commission which is not a qualified commission as of the date of notice of termination shall not thereafter become a qualified commission and your affiliate account (and any remaining earnings not qualified under these terms) will be deleted immediately.
6.2 Breach of this agreement. The breach of this agreement, or any provision thereof, knowingly or otherwise, willful or otherwise, is grounds for immediate suspension or at the sole option of SFC termination of this agreement in its entirety.
6.2.1 Suspension. Suspension under this paragraph shall mean the withholding of all commission payments qualified or otherwise until such breach is cured. Suspension if not cured within a reasonable time as determined by SFC will become a termination under 6.2 as of the date of the initial suspension.
6.3 Survival. Upon termination of this agreement all rights and licenses granted by this agreement are immediately revoked. Paragraph 3.6, section 6 (Termination), Paragraphs 7.16 – 7.19 (inclusive) shall survive such termination and remain in full force and effect.
7 General
7.1 Authority. Each party represents to the other that it has full binding authority to enter into this agreement and in the case of any entity other than an individual that the parson assenting to the terms of this agreement has the full binding authority of the entity purportedly bound.
7.2 Non-Infringement. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and SFC that you will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy.
7.3 Violation of Law. You will not violate any applicable law, ordinance, regulation or standard.
7.4 Terms of Service. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and SFC that you agree to be bound by the SFC General Terms of Service which are incorporated herein as though set forth at length herein.
7.5 Unsolicited Email. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and SFC that you will not use or otherwise permit the use of unsolicited commercial email (a.k.a. SPAM) in relation to the SFC Affiliate Program.
7.6 Defamation/Libel. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and SFC that you will not transmit any information which is or might be considered to be defamatory or libelous.
7.7 Decency. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and SFC that you will not transmit any information which is or might be considered to be lewd, pornographic or obscene.
7.8 Unfair Competition. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and SFC that you will not violate any laws regarding unfair competition, anti-discrimination or false advertising.
7.9 Promote Violence. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and SFC that you will not take any action which might promote violence or contain hate speech.
7.10 Damage SFC. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and SFC that you will not take any action that would in any way damage SFC or otherwise compromise it’s servers or equipment by utilizing or otherwise transmitting at any time communications that contain viruses, Trojan horses, worms, time bombs, cancelbot or other similar harmful or deleterious programming routines.
7.11 No Automatic Links. You agree not to utilize any link that is or can be initiated automatically without the user clicking on the link.
7.12 WARRANTY DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT ANY SERVICES OR MATERIALS PROVIDED BY SFC PURSUANT TO THIS AGREEMENT ARE PROVIDED AS IS, WITH ALL FAULTS AND AS AVAILABLE, AND THAT SFC MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS, ON ITS OWN BEHALF ON AND BEHALF OF ITS SUPPLIERS, DISTRIBUTORS AND LICENSORS, ANY WARRANTIES AS TO THE USEFULNESS, ACCURACY, RELIABILITY OR EFFECTIVENESS OF ANY SERVICES OR MATERIALS PROVIDED HEREUNDER OR THAT THE SERVICES PROVIDED HEREUNDER WILL BE UNINTERRUPTED, ERROR FREE OR AVAILABLE THROUGH ANY PARTICULAR METHOD OF DISTRIBUTION, OR THAT ANY SERVICES OR MATERIALS PROVIDED PURSUANT TO THIS AGREEMENT WILL WORK WITH EVERY INTERNET BROWSER, OR THAT DEFECTS HAVE BEEN OR WILL BE CORRECTED, OR THAT SUCH SERVICES OR MATERIALS WILL MEET THE NEEDS OF ANY PARTY. WITHOUT LIMITING THE FOREGOING, AND EXCEPT AS OTHERWISE PROVIDED HEREIN, SFC DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT WILL SFC BE LIABLE TO YOU FOR ANY SERVICE FAILURE, DISRUPTION, DOWNTIME OR INCORRECT LINKAGE UNDER THIS AGREEMENT.
7.13 LIMITATION OF LIABILITY. IN NO INSTANCE SHALL SFC BE LIABLE TO YOU FOR LOST PROFITS OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER OR NOT SFC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT COMMISSIONS AGREED UPON IN THIS AFFILIATE AGREEMENT ARE BASED IN PART UPON THESE LIMITATIONS, AND THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. Notwithstanding the foregoing, this section shall not limit either party liability to the other for (i) willful or malicious misconduct; (ii) gross negligence; (iii) indemnification under Section 7.12 or (iv) either party’s liability for death or personal injury or their own acts of fraud.
7.14 Indemnification. You agree to indemnify, defend and hold harmless SFC and its affiliates, directors, officers, employees and agents, harmless of and from any and all liability, losses, damages, injuries or expenses (including attorney’s fees and expert witness charges) arising out of any claimed or alleged action or inaction toward any third party whether such claimed or alleged action or inaction arises out of a claim of misuse of copy written materials, License violation, domain misuse, trademark misuse or any active or passive negligence.
7.15 Independent Agency. You shall act as an independent agent, and you agree that you have no authority to obligate or bind SFC in any respect. Official reporting of financial performance by yourself, employees or agents is your responsibility.
7.16 Choice of Laws /Venue. This Agreement has been made in and shall be construed and enforced in accordance with the laws of the state of Vermont. Any action to enforce this Agreement shall be brought in the federal or state courts located in the County of Washington, State of Vermont.
7.17 Severability. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.
7.18 Integration. This agreement constitutes the entire understanding of the parties and revokes and super cedes any and all prior agreements and is intended to be a full and complete expression of the agreement between the parties. This agreement shall not be modified except in writing by the posting of a new agreement by SFC on the SFC affiliate web site or on the SFC web site located at www.collegesearchgameplan.com.
7.19 Use constitutes Signature. Your agreement to the terms set forth herein is manifested by any participation in the SFC Affiliate Program including the submission of the affiliate application form and the collection of any commission under this agreement. This agreement may be modified, amended, altered and otherwise changed by SFC without notice to any other party other than changing the agreement itself made available by SFC to the affiliates on the SFC web site.
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