OVERVIEW

Thank you for your interest in promoting and recommending CCI Academy training.

This document sets out the terms of our agreement for you to be an affiliate. Each approved affiliate is provided with a personal affiliate code to use when you refer potential clients. When people you refer purchase a course from CCI Academy, they can use this code at checkout and receive a 10% discount on any online course registration fee. The code will also be used to track clients referred by you and their purchases so that CCI Academy can pay you a commission on those purchases.

Please read the whole agreement carefully.  By submitting your application for an Affiliate Account with CCI Academy, you agree that you have read and agreed to the following terms and conditions.

1.     About CCI Academy

CCI Academy is a business based in Australia that provides conflict management training and related services to clients internationally.  It is owned by Samantha Hardy Pty Ltd.

Contact Details

Samantha Hardy Pty Ltd, trading as CCI Academy ABN 24 157 672 065

Email: sam@conflictmanagementacademy.com

2.     Enrolment as Affiliate

Enrolment is via application only.

You will be required to provide your name, business name, ABN, full contact details and account details for affiliate commission payments.

CCI Academy reserves the right to refuse your affiliate application if we believe that you or your clients/contacts would not benefit from this affiliate relationship, if there is a lack of shared business values, or if there is a risk to CCI Academy or Samantha Hardy’s professional reputation.

3.     Non-exclusivity

This Agreement does not create an exclusive agreement between you and us. Both you and we will have the right to recommend similar products and services of third parties and to work with other parties in connection with the sale of similar services and products of third parties.

4.     Affiliate Management System

The affiliate relationship with CCI Academy is managed through the CCI Academy website using coupon codes through WooCommerce. You will be provided with a personal affiliate code that people you refer input into the coupon code field at checkout when purchasing a course.

Affiliate purchases are tracked by the use of the affiliate coupon code.

CCI Academy is not responsible to pay any commission to you if the person you refer does not use the affiliate code, or has incorrectly used the affiliate code.

As an affiliate, you will receive 10% of the total course registration fee (excluding GST) as a commission for all registrations for CCI Academy courses placed using your affiliate code. The commission is calculated solely on the registration fee for the course/s purchased.

Where a purchase occurs through a negotiated agreement outside of a WooCommerce purchase through the CCI Academy website, commission calculations and payments will be managed on a case by case basis.

Where the client you refer under this Agreement chooses to upgrade to services other than online course registration (including but not limited to coaching, or membership in the Conflict Leadership Program), these other services are expressly excluded from this Agreement. No commission is payable on any further invoice paid by the client which relates to the provision of other services to the client by CCI Academy or Samantha Hardy.

All payment and all references to payments or money in this Agreement are in Australian dollars.

CCI Academy may change this commission rate at any time, including increasing the commission percentage temporarily for promotional periods, from time to time. At the conclusion of any promotional period, the rate will return to the regular commission percentage under this Agreement.

In order to generate a commission, the referred client must:

• Use your affiliate code (it is your responsibility to ensure that the correct code is provided to the client) AND
• Pay for the online course in full through the CCI Academy Website; AND
• Not request a refund within 7 days of their purchase. (Orders that are refunded for any reason whatsoever do not attract a commission payment.)

Commission payments will be made to you quarterly, using the account that you specify for EFT when you apply to be a CCI Academy affiliate. It is your responsibility to notify CCI Academy of any changes to your contact details, email address or account.

The order price charged to clients includes GST. CCI Academy will be responsible for paying the GST on the whole purchase price charged to the client.

You are responsible for meeting all of your tax obligations in respect of your affiliate income, including paying GST out of your commission if you are registered to do so.

5.     Australian Consumer Law

CCI Academy products and services are offered in compliance with Australian Consumer Law. Each product or service package includes a Terms of Purchase document which sets out the applicable refund policies for that product.

Commission on payments processed during the 7-day period before the end of the quarter will be held for the following quarter to ensure the funds are available for a refund if required.

If a client has any problems, difficulties or complaints, this is entirely the responsibility of CCI Academy and your commission will not be impacted.

6.     Order delivery and fulfilment

CCI Academy is solely responsible for the delivery of the courses purchased from the CCI Academy website.

7.     CCI Academy’s obligations

We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the CCI Academy Affiliate Program.

CCI Academy reserves the right to terminate this Agreement and your participation in the Affiliate Program immediately and without notice to you should you commit fraud in your use of the Program or should you abuse this program in any way. If such fraud or abuse is detected, CCI Academy will not be liable to you for any commissions for such fraudulent

Affiliate Program Agreement sales. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated here under.

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commission paid or payable to you under this Agreement.

8.     Your obligations as an affiliate

As an affiliate of CCI Academy, you agree

           a) You may not supply CCI Academy courses and services to your clients by any other means other than by your customised CCI Academy affiliate code.

           b) You are not authorised to collect payments from the sale of CCI Academy courses or services yourself.

            c) You are not authorised to sell CCI Academy courses and services as a reseller through any means.

            d) You are not authorised to give away any CCI Academy courses and services for any reason whatsoever.

Any breach of these terms (a-d above) will result in immediate termination of your affiliate relationship with CCI Academy, and CCI Academy reserves the right to take appropriate legal action.

9.     Customer Service

All clients who purchase courses from CCI Academy using your affiliate code become a client of CCI Academy and are therefore subject to the terms and condition of working with CCI Academy.

CCI Academy reserves the right to change our policies and operating procedures at any time, including varying the prices and availability of our courses and services.

There is no client responsibility relationship between you and the purchaser in relation to the purchase of CCI Academy courses.

The affiliate commission is a fee paid to you for your recommendation and introduction of CCI Academy services resulting in a client purchasing from CCI Academy.

This fee in no way alters either Party’s autonomy to meet their respective obligations of customer service through their individual businesses.

CCI Academy may change terms and conditions, business processes, available products and services or prices at any time.  You will be notified where any such change is likely to affect our current affiliate agreement.

10.     Unacceptable Behaviour

Samantha Hardy and CCI Academy have a professional responsibility to maintain a good standing internationally and therefore cannot be affiliated with any person who is found to be conducting themselves in a manner that is personally and socially offensive, or seen to be advocating violence, discrimination of any kind, or engaging in illegal activity. CCI Academy may, at its complete discretion, cancel your affiliate status if we believe that it is not in the best interests of CCI Academy.

You agree that while this affiliate relationship is a means for you to benefit your clients and contacts by enabling them to access quality conflict management training, engaging in spam email or other forms of internet abuse including spamming forums, blogs, twitter, Facebook, or other social media) as a means to market, advertise or solicit sales is strictly prohibited and will result in the termination of this Agreement.

Spam means:

• Emails and email campaigns to people with whom you do not have an existing commercial or personal relationship;
• Emails and email campaigns to people who have not consented to receive marketing information and material from you through a properly compliant opt-in subscription;
• Posting irrelevant and off-topic message posts in Facebook groups without consideration to the group rules or theme days;
• Cold private messaging people with the intention to sell the products the subject of this Agreement;
• Posts and comments on all social media, emails, and personal calls and letters that include unsolicited attempts to sell to the recipient.

You may not use your affiliate links to gain commission on your own purchases of CCI Academy courses. 

11.     Our Relationship

This agreement does not create any partnership, joint venture, agency, franchise, sales representative or employment relationship between you and CCI Academy.  Both parties are independent contractors in this affiliate relationship.

You understand and agree

• You have no authority to make or accept any offers or representations on behalf of CCI Academy.
• You must not make any statement, whether on your website or in any other form, that would reasonably lead clients or members of the public to believe that you do have this authority.

12.     Grant of licenses

You may use wording and imagery from the CCI Academy website when directly promoting the courses.

We grant to you a non-exclusive, non-transferable, revocable right to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of the CCI Academy Affiliate Program.

You agree that all uses of the Licensed Materials will be on behalf of CCI Academy and the good will associated therewith will inure to the sole benefit of CCI Academy.

Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.

You understand and agree:

• These images and copy and any other design resources remain the property of CCI Academy; and
• Your right to use them is limited to the term of this agreement and for the purposes set out in this agreement.
• Your right to use them is non-exclusive; and
• These images and copy and any other design resources are non-transferable and may not share them with another party for any reason;
• These images and copy and any other design resources are provided to you royalty-free for the term of this agreement and for the purpose set out in this agreement only.

You acknowledge that CCI Academy is the sole owner of the copyright in the products and services that are being sold under this agreement and that you have had no part in their creation.

13.     Confidentiality

All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without

express written permission of the disclosing party.

14.     Disclaimer

CCI Academy makes no express or implied representations or warranties regarding the CCI Academy services and web site(s) or the products or services provided therein, any implied warranties of the CCI Academy fitness for a particular purpose, and non-infringement are expressly disclaimed and excluded. In addition, we make no representation that the  operation of our site will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors.

15.     Representations and warranties

You represent and warrant that:

• This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
• You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
• You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.

16.     Modification

We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and CCI Academy Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.

17.     Term and Termination

This agreement begins when you are issued with your affiliate code and will end when it is terminated by either party.

Either party may terminate this agreement at any time, by giving written notice by email to the other for any reason.  Disclosure of reason is appreciated but not necessary.

On termination of this agreement, all licenses to use CCI Academy intellectual property and branding immediately cease.

You must remove any element of CCI Academy branding from your website, or anywhere else that it is displayed within 7 days of termination.

A final commission payment (if applicable) will be made on next quarterly payment cycle.

18.     Limitation of Liability

CCI Academy is not liable for any damage or financial loss of any kind arising in connection with this agreement or your role as an affiliate, even if CCI Academy had the knowledge or should reasonably have suspected that this damage or loss may occur. In any event, CCI Academy’s entire liability arising in respect of this agreement or affiliate relationship will not exceed the total commission paid or payable to you under this agreement. Your liability towards CCI Academy is subject to the same limitations.

In undertaking your role as an affiliate, you understand and agree

• there is no guarantee that you will earn any income from this relationship.
• CCI Academy has no control over or responsibility for the operation of the coupon code through WooCommerce.
• CCI Academy cannot guarantee that the operation of the website or the affiliate links provided to you will be uninterrupted or error-free.

If there is a failure of service through my website, every effort will be made to correct or mitigate the issues arising, however CCI Academy cannot be held responsible for any consequences that result from interruptions or errors in the service of these third parties.

19.     Indemnification

You hereby agree to indemnify and hold harmless CCI Academy, and its subsidiaries and affiliates, and their directors, offcers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgements, settlements, costs, and expenses (including reasonable legal fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.

20. Dispute Resolution

CCI Academy is located in Perth, Western Australia and this agreement is subject to the governing law of Western Australia.

If you have any issue or complaint arising out of this Affiliate Agreement, all parties agree to make a genuine effort to resolve any issues through discussion and negotiation.

If we are unable to resolve a dispute by negotiation and discussion within 14 days, we agree to proceed to mediation with the assistance of an accredited mediator and we agree to share the costs of mediation equally.

Litigation is to be considered as a last resort and may not be commenced until, in the opinion of the accredited mediator, the potential for negotiation and mediation have been exhausted.

We agree that any dispute or issues will be confidential between the parties and the mediator and both Parties will refrain from discussing any dispute or related issues or referring to each other in a disrespectful manner on any social media or public forum. This is to protect both parties’ professional reputation and relationship.

21. Other Matters

If any part of this agreement cannot be enforced for any reason, that part of the agreement is severed and will not affect the rest of the agreement.

You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and CCI Academy. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.

Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.

This Agreement shall be governed by and interpreted in accordance with the laws of Australia without regard to the conflicts of laws and principles thereof.

You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.

This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.

The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.

If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.

22. Agreement

This document represents the whole agreement between you and CCI Academy and replaces any earlier agreements, undertakings or conversations.

CCI Academy may modify this agreement or any of its terms at any time will notify you of any such modifications by providing you with a new copy of this agreement. If you do not agree with any of the modifications, you are invited to discuss your concerns or terminate the affiliate relationship in accordance with the terms of this agreement, if you feel your concerns have not been resolved to your satisfaction.

Failure to provide written notice of termination in accordance with this agreement resulting in your continued participation as an affiliate of CCI Academy will be considered evidence of your acceptance of the modified terms.

By proceeding with your application to be an affiliate you are deemed to have read and accepted this Affiliate Agreement and agree to be bound by the terms and conditions contained within it.