THIS IS A LEGAL AGREEMENT BETWEEN YOU ("YOU," "YOUR," OR "YOURS") AND LUCEBRA LLC, A DELAWARE CORPORATION LOCATED IN THE UNITED STATES OF AMERICA ("LUCEBRA," "WE," "US," OR "OUR"). BY CLICKING THE "I ACCEPT" BUTTON AT THE END OF THESE AFFILIATE TERMS AND CONDITIONS ("AFFILIATE TERMS"), YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY BOUND BY EACH AND EVERY TERM AND CONDITION HEREIN.
Any non-English version of these Affiliate Terms is provided for convenience. You agree that the English language version will control in case of any conflict.
All capitalized terms not otherwise defined herein shall have the meanings ascribed to them in Lucebra's Terms of Use, Pricing and Promotions Policy, or the Publisher Membership Agreement.
These Affiliate Terms constitute the complete terms and conditions that apply to you when becoming an affiliate in Lucebra's affiliate program (the "Affiliate Program"). The purpose is to enable you to earn affiliate commissions through sales generated from your website to our Services.
(a) Application Completion. If you haven't already, complete an application to the Affiliate Program (the "Application"). Identify your website, describe your promotional plans for Lucebra's Services, and provide contact information. The Application can be found at https://www.Lucebra.com/affiliate/.
(b) Acceptance of Your Application. Upon acceptance of your Application, you will receive an email notification. We reserve the right to accept or reject your Application at our sole discretion. Your Application will be rejected if any provided information is incorrect or incomplete, if your website promotes inappropriate materials, discriminates, violates any laws, or infringes on intellectual property rights.
(c) Access to our Affiliate Program. Upon acceptance, you will receive a welcome email with login details to our secure affiliate center. Here, you can download Promotional Materials and qualifying links, and access reports detailing your affiliate commissions.
(d) Keep Your Information Updated. Ensure your information, including your email address, is complete, accurate, and up-to-date. We will send communications to the email address associated with your account, and you are deemed to have received all notifications sent to that email address.
(e) FTC Compliance. You must be in good standing with the Federal Trade Commission (FTC) and comply with all FTC guidelines. Specific requirements for Lucebra Affiliates can be found on the official FTC website.
As a member of our Affiliate Program, you represent, warrant, and covenant that you will:
(a) Link to Our Services. Implement the links, banners, and other means of linking your website to our Services pursuant to the referral specifications set forth on the Affiliate Program on Impact.com.
(b) Maintain Your Site. You are responsible for maintaining and updating your website. We will notify you via email of any changes to these Terms and our Referral Materials.
(d) Follow and Comply with All Copyright Laws. You are responsible for following and complying with all applicable copyright and other laws that pertain to your website.
(e) Not to Solicit Our Instructors. You agree not to solicit business away from Lucebra or encourage any of our instructors to upload their courses on your websites or platforms.
As a member of our Affiliate Program, you understand and agree that:
(a) We Can Monitor Your Site. You grant us the right to monitor your website at any time to ensure compliance with these Affiliate Terms.
(b) We Determine the Policies for Referred Customers. Customers who become customers of our Services through referrals made in the Affiliate Program will be considered our customers.
(c) No Paid Advertising. You will not promote Lucebra through paid advertising or media buying that leads directly to the Lucebra website without direct approval.
(d) No Use of Our Name in Domain Names or Social Media Pages. You may not use our company name or variations in your domain names or social media pages.
(e) Responsible for Your Website's Content. Your website must not contain misleading, defamatory, obscene, illegal, bigoted, pornographic, or any other offensive content.
(f) No Cookie-Stuffing. You may not use cookie-stuffing techniques or click-generators.
(g) No Mimicking Our Media and Content. Your media must not copy or resemble the look and feel of the Lucebra website.
(h) Responsible for Your Use of Content. You may not download, copy, or use video content, course supplementary materials, or lesson descriptions from our site.
(i) No Use of Spyware, Malware, or Viruses. You may not use any spyware, malware, viruses, or unauthorized software applications.
(j) Honest Relationship Representation. You may not misrepresent your relationship with Lucebra.
(k) No Browser Extensions Without Approval. You cannot use a browser extension to promote Lucebra without direct approval.
(l) No Commissions for Free Courses. You will not earn commissions for customers who enroll in free courses or use a free promo code.
(m) Responsible for Your Sub-Affiliates. Ensure your sub-affiliates comply with these terms.
(n) Lucebra Employees as Affiliates. Lucebra employees must clearly state their employee and affiliate relationship with Lucebra in all promotional posts.
(a) Eligibility. You are eligible to earn affiliate commissions through Referrals.
(b) Amount Due. The exact amount of affiliate commissions will be calculated based on the offers available to you in your Publisher account.
(c) Payment. Payments are disbursed monthly according to your selected payment method.
(d) Affiliate Payments System. Payments are sent through Impact's affiliate network payment system.
(e) Responsibility for Fees. Affiliates are responsible for any charges, fees, taxes, exchange rates, surcharges, and other expenses incurred to receive payments.
(f) Compliance with Laws. We may withhold commissions if payment to you is illegal in your jurisdiction.
(g) Withholding Final Payment. We may withhold your final payment for a reasonable time to ensure accuracy.
(h) Inactivity Clause. If your account has no substantial activity for XX years, we may withhold any accrued fees.
(a) Grant of License. You grant us a non-exclusive, non-transferable, revocable right to use your names, titles, and logos for advertising purposes.
(b) Mutual Use of Proprietary Materials. Both parties agree not to use each other's proprietary materials in a disparaging manner.
WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING LUCEBRA. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.
WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THESE AFFILIATE TERMS. OUR CUMULATIVE LIABILITY SHALL NOT EXCEED THE TOTAL REFERRAL FEES PAID TO YOU UNDER THESE AFFILIATE TERMS.
You agree to indemnify and hold harmless Lucebra and its affiliates against any claims arising from your breach of these Affiliate Terms.
Either party may terminate these Affiliate Terms at any time with or without cause by providing written notice.
We may update these Terms from time to time to reflect new practices. You will receive an email notification of any material changes.
(a) Legal Representation. These Affiliate Terms constitute your legal obligation.
(b) Independent Contractors. Both parties are independent contractors.
(c) Assignability. You may not assign your rights under these Affiliate Terms.
(d) Governing Laws. These Affiliate Terms are governed by the laws of the State of California and Delaware.
(e) Amendments. Any amendments must be in writing and signed by both parties.
(f) Entire Agreement. These Affiliate Terms represent the entire agreement.
(g) Headings and Titles. Headings and titles are for convenience only.
(h) Severability. If any provision is held invalid, the remainder of the Affiliate Terms shall remain in effect.
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