Affiliate Programme Agreement

This Agreement by and between you ("Affiliate" “you” “your” and/or “yours”) and Tigrent Learning UK (“TIGRENT” “us” “we” “our” and/or “ours”) is entered into as of today, 2009 (the “Effective Date”). Please review the terms and conditions outlined herein in their entirety by filling out the signup form you acknowledge that you have read the terms and conditions, understand, and agree with them..

Linking to our site, Order Processing and Tracking

\n

After we have accepted you as an Affiliate, which we may do in our sole discretion, you will be able to provide one or more links from your approved website or conduct an e-mail campaign using creative provided by us and which directs referrals to our booking page. We will provide you with link formats especially designed for tracking and reporting for all links between your site and our site. You will be solely responsible for properly utilising the link formats. We do not accept any responsibility for the incorrect use of the special links / link formats and therefore we shall not be accountable for any loss of fees as a result of errors on your part.

We shall provide the links to you to enable you to link your website to our proprietary systems using creative provided by us. All links and information are being provided “As- Is” and we expressly disclaim any and all warranties, express or implied, that access to our booking page or any site operated by us in connection with this Agreement or in terms of its connection to your website shall be uninterrupted or error-free.

You need to have a reliable email account and access to the internet, as we will email you login instruction when you join. Also you will be able to track progress of all your referrals online. By joining this Affiliate Programme, you are authorizing TIGRENT to contact you via email and any other means. This is required so that we can email the Affiliate account activation details to you and communicate with you as an Affiliate.

We shall have the sole right and responsibility for processing every order for our products, for tracking the volume and amount of sales of our products generated by your website, and for providing sales statements and reports. We shall be responsible for order entry, payment processing, shipping, and related customer service. At no time are you permitted to interact with our customers other than as explicitly provided for herein.

TIGRENT may amend or terminate the Affiliate Programme, in part or in its entirety, at any time. TIGRENT reserves the right to immediately withdraw any Affiliate from this programme in our sole discretion if we feel such Affiliate has abused or is going to wilfully abuse the integrity of this programme or if the Affiliate has brought or might bring, in our discretion, the name of TIGRENT into disrepute.

TIGRENT will apply every effort to keep its website current and operational. However, technical difficulties may arise from time to time, resulting in temporary service interruptions. TIGRENT will not be held responsible for such interruptions and hereby expressly disclaims any liability for any consequential or indirect damages suffered by Affiliate commissions.

Commission
\n

The Affiliate scheme relies on cookies to track customers. If for whatever reason, the customer isn\'t using cookies, or the cookie expires or the customer deletes the cookie, sales made by you cannot be tracked and, as a result, you will not earn commission for any sales that are made and not tracked.

Commission may not be paid to you if the details we hold for you are not complete and/or accurate. It is your responsibility to make sure that we are notified of any change in your contact information including, but not limited to, changes in email or postal address. We also reserve the right withhold commission payments if we reasonably believe in our sole discretion that you have engaged in grossly negligent or fraudulent behaviour in its attempts to use the service.

To be eligible to earn a commission, the following must occur: You refer a person to us. If they are not already in our databases or those of our affiliate organizations, the individual will be assigned as your referral. After a referral books one of our paid courses, such course is paid in full and is not later returned or cancelled by the individual, you will receive any eligible commission in approximately 45 days. Your commission will be paid to you either via bank transfer, with your permission, or cheque. Your commission may contain offsets for previous commissions paid to you which were later returned or refunded by us for any reason.

When a referral first joins the TIGRENT database, his/her Affiliate is assigned solely and automatically based on the invitation the referral used to enrol, even if other affiliates had also encouraged that individual to enrol. If a referral cancels his/her training or a refund is given for any reason, then no commission will be paid and any previously paid commission will be deducted from the next eligible commission statement.

For your own personal training, you will not be paid a commission but you will be paid on trainings purchased by those you refer into our Affiliate programme. Commission Schedule

The commission that you earn for each of our different courses is shown in the tables below. This schedule is subject to change at any time in our sole discretion effective upon our communication of such changes to you. Your continued participation in the Affiliate Programme will be deemed your acceptance of such change. See below under Modification for more information on changes to these terms and conditions.

Copyright Notice and Use of Materials by Affiliates

\n

All creative, advertising, electronic mail copy, books, tapes, training manuals, and other electronic and printed materials provided by us to you are protected by United States and United Kingdom copyright laws and international treaty provisions. This applies to, but is not limited to newspaper ads, newsletters, banners, e-mail promotions, websites (which are not the Affiliate’s website used to post TIGRENT materials), BLOGs, Forums, newsgroups and audio and video media created by any Affiliate. Such materials cannot be duplicated without express written permission from TIGRENT. Nor may you modify the materials provided by us to you for use hereunder without our prior written approval.

Any materials created by you in connection with the Affiliate Programme must be approved by us prior to use. Once approved, all such materials or other work product created by you in connection with your participation in the Affiliate Programme will become the property of TIGRENT and you shall have no ownership interest in such materials. You hereby agree that all such materials and/or work product that comprise works of authorship shall be deemed “works made for hire” and shall be owned exclusively by us by operation of law. To the extent any materials and/or work product may not, by operation of law, be deemed a “work made for hire,” you hereby assign to TIGRENT or its affiliate entities all right, title, and interest in and to such materials and/or work product, including all copyrights and other intellectual property rights inherent therein or related thereto.

Upon receipt of our permission to use materials created by you in connection with the Affiliate Programme, we hereby grant you a non-exclusive, non-transferable license to use our trademarks, names, logos and/or other materials owned by us for the limited purpose of using the approved materials. You may not sell, transfer, copy, donate or otherwise distribute our trademarks, names, logos and/or other materials to third parties or use such materials for any commercial purposes except as explicitly provided for herein during the term of your participation in the Affiliate Programme.

Under no circumstances may Affiliates register domain names using any of our associated brand names to market our services. Registering domain names with variants of the Wealth Intelligence Academy name, Building Wealth, Women in Wealth, Making Money from Property, Teach Me To Trade or any related brand is a breach of Affiliate Programme terms and conditions and shall be ground for immediate termination. Affiliate further agrees to defend, indemnify and hold us and our affiliate entities harmless with respect to any claims we suffer as a result of Affiliate’s failure to abide by this provision.

Any published material such as websites to promote your Tigrent Learning UK, Building Wealth, Women in Wealth, Making Money from Property, Teach Me To Trade invitations using our copyright material must CLEARLY show the nature of your relationship with TIGRENT to be that of an independent Affiliate. Any attempt to “pass off” your website, business or yourself as representing TIGRENT in any other capacity is a serious breach of Affiliate Programme terms and conditions and shall be ground for immediate termination. Affiliate further agrees to defend, indemnify and hold us and our affiliate entities harmless with respect to any claims we suffer as a result of Affiliate’s failure to abide by this provision.

We actively monitor the search engines, community websites etc in order to vigorously protect our brands and enforce these terms and conditions. Any breach of the Affiliate Programme terms and conditions may result in the suspension of your Affiliate account with us and/or immediate termination of this Agreement. Persistent abuse or ongoing failure to correct a breach will result in termination of our Affiliate relationship.

Violation of this section will result in immediate suspension of your Affiliate account. Persistent abuse will result in termination of our affiliate relationship. You hereby agree to defend, indemnify and hold us and our affiliate entities harmless with respect to any claims we suffer as a result of your failure to abide by the provisions of this section.

Compliance with Applicable Laws

You hereby represent and warrant that you will render any services hereunder, including, but not limited to, the posting of banner advertisements provided by us, the dissemination of information using electronic mail, and any other services rendered by you in connection with the Affiliate Programme, in compliance with all applicable law and regulation. You further agree to defend, indemnify and hold us harmless in connection with any claims brought against us as a result of your failure to comply with this provision.

Modification
\n

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a new agreement on our site. Your continued participation of any changes in these terms and conditions will constitute a binding acceptance by you of such rules, changes or modifications. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. Your continued participation in the scheme following our modifications will constitute a binding acceptance of the change. See section entitled Termination for more information on how to terminate your participation in the Affiliate Programme.

Termination
\n

Either party may terminate this Agreement at any time by notifying the other party in writing with 10 days prior written notice to such party. Upon termination of this Agreement you shall immediately cease using any of our trademarks, names, logos and/or materials which promote our products and/or services. Notwithstanding, we may terminate this Agreement at any time for any reason. You may terminate at any time upon our change of material terms and conditions to which you do not agree to accept.

Jurisdiction/Venue
\n

Any and all claims arising from or in connection with this Agreement must be brought in the appropriate legal forum in the United Kingdom, and you hereby expressly waive any venue privileges which may be asserted in connection with this Agreement. In any litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable solicitors’ fees and costs.

Force Majeure:
\n

We are not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to, acts of God, war, riot, embargoes, civil or military acts, terrorism, fire, flood, earthquakes, hurricanes, tropical storms, tornadoes, other natural disasters, strikes, transportation shortages, fuel shortages, energy shortages, labour shortages, material shortages, telecommunications failures, hacking, SPAM, computer failure, server failure, or other failure for so long as such event continues to delay our performance. If any force majeure event occurs, we will use commercially reasonable efforts to minimise the impact of the event

LIMITATION OF OUR LIABILITY TO YOU
\n

ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE HEREBY DISCLAIMED. WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY UNDER THE AGREEMENT IS LIMITED TO THE COMPENSATION RECEIVED BY YOU UNDER THIS AGREEMENT PLUS ANY COST YOU PAID TO JOIN THE AFFILIATE PROGRAMME. IN NO EVENT SHALL WE BE LIABLE FOR ANY LOSS OF PROFITS OR ANY OTHER COMMERCIAL DAMAGE, INCLUDING BUT NOT LIMITED TO SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS LIMITED PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE TERMS “COMPANY,” “WE,” “US,” “OUR,” OR “OURS” AS USED IN THIS PARAGRAPH SHALL INCLUDE OUR PARENT ENTITY, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSEES, SUCCESSORS AND ASSIGNS.

Miscellaneous
\n

1. Severability. If any provision in the Agreement is found to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

2. Entire Agreement. The Agreement supersedes any and all other agreements, either oral or in writing between you and us with respect to your participation in the Affiliate Programme, and contain all of the covenants and agreements which pertain to such participation You hereby acknowledge that no representations, inducements, promises, or agreements, orally or otherwise, have been made by us, or anyone acting on behalf of us, which are not embodied herein, and that no other agreement, statement, or promise not contained in the Agreement shall be valid or binding on us, except for any other written agreement dated concurrent with or after the Agreement which supersede the terms herein.