NOTICE: You are urged to read this agreement carefully. If you do not agree to all of the terms of this contract, please do not register for our Russian Accelerator affiliate program. Unless you expressly consent to this agreement, you will NOT be allowed to participate in our affiliate program. By participating in our affiliate program, you are agreeing to comply with and be legally bound by all of the terms and conditions of this contract. Throughout this contract, “affiliate program” refers to the affiliate program operated by Russian Accelerator.
Please note that each affiliate is an independent contractor of Russian Accelerator. Affiliates are NOT employees. Nothing in this contract is intended to create an employer/employee relationship.
When orders are placed through your Affiliate Site you will receive a percentage of the revenue as a commission. Commissions will be paid only for sales that are made through qualified Affiliate Sites. Our commission is a flat rate of 25% (twenty-five). For a sale to create a commissionable payment to an Affiliate, the customer must enter our site from that Affiliate's Site and make full payment for the course.
INCOME TAX LIABILITIES
Each affiliate is an independent contractor and is therefore responsible for all applicable United States, state, or foreign income taxes as well as any other tax liabilities that affect or concern the sales of the products or services in your location.
Please bear in mind, commissions will not be paid for any sales for which payment was not received, or for any transaction that was rejected for any reason. Commissions are paid by Russian Accelerator once per month and are done via a payment processor on the 28th day of the month. Commissions are for sales made from the 1st through the last day of the previous month. $100 (one-hundred dollars) is the minimum commission amount. In other words, yyou must earn $100 before you will be paid commissions. In each commission period, your commission must exceed this amount before you will receive any amount for that period. Commissions below this minimum amount will be held until the accumulated commissions equal or exceed $100.
Russian Accelerator will not pay interest to affiliates for commissions accrued but not yet delivered. Furthermore, if a transaction incurs a charge-back, or if a transaction is in some other way not properly completed, no commission payment is due to the affiliate. In such a situation, if a commission has already been paid, then the appropriate amount will be deducted from the affiliate's future commissions.
All commissions are paid in US Dollars via PayPal.
RULES ON AD COPY:
· Allowed: You may use Russian Accelerator in the ad text and in the search listings (title, description lines 1 and 2), but not in the display URL, except as set forth below.
· The following is allowed:
* Your ad copy can reflect that you are an "authorized partner" of RussianAccelerator. Example: “Authorized partner”, “Official partner”, “Affiliate”, and so on.
* You may also include Russian Accelerator terms as a folder or category name of a non-branded domain. Example: www.exampledomain.com/Russian Accelerator , or www.exampledomain.com/Russian AcceleratorSoftware
* Finally, you may "direct link"(i.e., send traffic directly to the Russian Accelerator landing page/Web site), given that you don’t use a Russian Accelerator URL as the display URL in your paid search ads.
· The following is NOT allowed:
* You may not claim to be the official Russian Accelerator, or use “Official Site” or similar claims in your ad copy. Furthermore, you may not use any of Russian Accelerator’s URLs as display URL, including but not limited to www.RussianAccelerator.com
* You may not use controversial or negative terms such as “scam” on your sites or in ads for the purpose of attracting attention to your site or ad. We reserve the right to determine at any time which words are appropriate and which are not. We reserve the right to terminate affiliate agreement based on these types of policy violations.
* As an affiliate, you are prohibited from bidding on our "protected keywords," including: Russian Accelerator, RussianAccelerator (note: with and without a space) as well as any variations or misspellings, or confusingly similar terms.
Instead, here is a list of recommended keywords:
Russian Accelerator recommends that you bid on Recommended Keywords, including, but not limited to: language software, learn russian online, russian course, language learning, foreign language, foreign language software, language course, learn russian, learn russian fast, speak russian, russian training, russian software....Note: This is not an exhaustive list.
As an affiliate of Russian Accelerator, if you include any reference whatsoever to Russian Accelerator, the website, or your affiliate link, then your website MUST NOT contain any content unsuitable for viewers 13 years of age or younger. On any website on which you include any reference whatsoever to Russian Accelerator, its products or services, you MUST NOT include any reference whatsoever to any form of what is known as 'adult content.' Any violation of these strict requirements will result in immediate termination of your affiliate status and you will forfeit any commissions/referral fees that may be due. In the event that any violation of these requirements results in the suspension or termination of any payment processor for Russian Accelerator, you shall be liable for liquidated damages in the amount of no less than $100,000 as well as any consequential damages that Russian Accelerator may incur. The $100,000 sum is not intended as a punishment, but merely compensation for the loss of business.
PAYMENT PROCESSOR FEES
All commissions are calculated based on the net transaction, not the gross. In other words, all payment processor fees (what is known as the merchant bank's "discount rate" as well as a nominal transaction fee) are first deducted from the sums collected from the customer. The remaining amount is the actual, commissionable sale. The commission rate listed on the website is then applied to determine the amount due the affiliate.
SPAM & UNSOLICITED COMMERCIAL EMAIL (UCE)
Russian Accelerator will not tolerate the sending of unsolicited bulk emails (UCE, commonly referred to as SPAM) which make any reference to Russian Accelerator, an employee or officer of Russian Accelerator, or any of their associated companies (for example, "Russian Destroyer") or websites, products or services. The provisions of these Terms and Conditions regarding SPAM applies to each affiliate. Any affiliate who, in the sole opinion of Russian Accelerator, breaches this rule will have their affiliate status canceled and any outstanding commissions shall be forfeited.
WE INSIST ON PROFESSIONAL CONDUCT
Russian Accelerator reserves the right to reject any affiliate application if, in Russian Accelerator's opinion, that person or company is violating the law or commonly held standards of decency. We will reject, for example, applications from any person or entity that promotes any form of illegal activities, such as prostitution, or from applicants who Russian Accelerator prefers not to be associated with.
Russian Accelerator operates with the strictest professional code of conduct. Any affiliate who brings Russian Accelerator or its employees, partners, or associates into disrepute, or who promotes any form of racism, sexism, unfair business practices, slander, and/or any other unprofessional business practices will have their affiliate status canceled and any outstanding commissions shall be forfeited.
AFFILIATE SALES & TRACKING & COOKIE DURATION
Once you've been approved for the affiliate program, you will be given a unique affiliate URL. When someone clicks through your particular URL, a cookie will be set in their browser with your affiliate ID. Their particular IP address may also be logged with your affiliate ID. If a purchase is made during that visit to the website or any later visit within a 45 day span, the commission will be given based on the existence of the cookie.
As mentioned, end users referred by an affiliate will be marked with cookies of a 45 day duration, provided cookies have not been disabled by the end user. Affiliates will not be compensated for any qualifying purchases made by an end user if said user can NOT be identified after the 45 day cookie has expired, or if it has been removed.
THE TERM & TERMINATION CLAUSES
This agreement will take effect upon your sign-up with Russian Accelerator's affiliate program and will end when either you or Russian Accelerator terminates your affiliate status. It will also terminate if your account is inactive in any continuous twelve month period. An affiliate may terminate this agreement at any time, and for any reason, by emailing Russian Accelerator at the email address listed on the website. The affiliate may not transfer this contract, or any rights conveyed herein, to any third party whatsoever.
Russian Accelerator reserves the right, with 30 days notice, to terminate this agreement at any time, and for any reason, by writing to the affiliate at the email address listed in their affiliate's profile. Russian Accelerator may at any time and without any notice to the affiliate transfer this agreement to any party whatsoever, and this agreement will still remain in effect. However, if this agreement should terminate due to a violation of this agreement by the affiliate, this agreement shall terminate immediately and affiliate shall forfeit all right to any commissions then due.
RESERVING THE RIGHT TO MODIFY THIS AGREEMENT
Russian Accelerator reserves the right to modify in good faith any of this agreement and/or the Terms and Conditions (including the commission rate), at any time and at its sole discretion, by posting on the website either a "Change Notice," or a new agreement. Said changes will become effective immediately upon posting. If an affiliate continues participating in Russian Accelerator's affiliate program following such a posting of a "Change Notice" or new agreement, it shall constitute the affiliate's binding acceptance of the change or new agreement.
If the affiliate finds any modification to this agreement to be unacceptable, the affiliate's only recourse is to terminate this agreement. Upon termination of this agreement, the former affiliate must remove all affiliate links and related graphics from its website, and must forever refrain from publishing such links and graphics in any manner whatsoever.
THERE SHALL BE NO MISUSE
Affiliates shall not try in any way to cheat the system in an effort to increase their payments due. Upon detection of such misuse, Russian Accelerator will terminate this agreement with the affiliate, and will withhold any past sums paid and any future sums payable to that affiliate. Furthermore, affiliates shall not in any way engage in any hostile activity toward the system. As an affiliate, you will held liable for any and all losses sustained by Russian Accelerator due to any hostile action you engage in, such as hacking.
It is further understood that any individual that uses the Russian Accelerator affiliate program shall not use it in connection with slanderous, illegal, defamatory, obscene, hateful, or politically disruptive material. The definition of the aforementioned shall be soley at the discretion of Russian Accelerator.
THIS ARANGEMENT IS "AS-IS"
There is no guarantee or warranty of any kind with respect to the Russian Accelerator system as regards to quality, reliability, dependability, or stability. Russian Accelerator, therefore, is not responsible for any loss or damage incurred directly or indirectly due to the use of the Russian Accelerator website, products, or services. This shall include, but is not limited to, any period of being inoperative or unavailable, any system malfunction, any loss of data or discontinuation of service, and/or any other inconveniences, regardless of the cause of such disturbances.
Russian Accelerator does NOT charge affiliates any fee to set up an account to join this affiliate programs.
ELECTRONIC COMMUNICATIONS & EMAIL
Affiliates must list their primary email address in their profile, and will not be able to participate in the program until their email address has been verified. Any affiliates who fail to verify their email address or use an email address that generates an error response consistently (e.g., "User's mailbox full") will forfeit any commissions due and this contract will be immediately terminated. Furthermore, affiliates are prohibitted from using an email address with an auto responder as their affiliate email address. By visiting Russian Accelerator's websites or sending emails to us, you are communicating with us electronically. You therefore consent to receive and respond to all communications sent electronically from Russian Accelerator.
Thus, please be aware: Russian Accelerator will communicate with you by email or by posting notices on this site. You therefore agree that all notices, agreements, disclosures and other relevant communications that Russian Accelerator provides to you electronically constitutes and satisfies any legal requirement that such communications be in writing. If you are our affiliate, you understand that you may NOT opt out of any emails that you receive from Russian Accelerator. And furthermore, as an affiliate, you must continually have a valid email account on file with Russian Accelerator or we reserve the right to terminate your participation in this affiliate program immediately, without any payment of any commission due.
UNAUTHORIZED CHARGING OR RECEIPT OF PAYMENTS
No affiliate is allowed to use the Russian Accelerator website(s), or its payment processing system, for private transactions. Please note that any revenue collected through the website or through Russian Accelerator's payment processing system may become the sole property of Russian Accelerator .
In that regard, affiliates are prohibited from linking to the website so as to process products or services that Russian Accelerator has not authorized. Furthermore, the affiliate is prohibited from linking to the website in order to process any products beyond what Russian Accelerator has identified as salable, Russian Accelerator products.
If any person, any entity, or any affiliate of Russian Accelerator construct links so as to process orders through the Russian Accelerator payment processing system, the act will be considered a hostile attack and treated as a serious computer crime. Violators will be prosecuted to the fullest extent of the law.
YOUR AFFILIATE IDENTIFICATION NUMBER
You will be provided an affiliate identification number (herein refered to as your affiliate ID). Your affiliate ID number may be numeric and/or CasE SEnsITive. For example, the code 'rock_music' is different from 'Rock_Music'. Please bear in mind that you and you alone are responsible for maintaining the secrecy and security of your affiliate ID and your password. You therefore agree to hold Russian Accelerator harmless in the event that any such sensitive information is shared by you with any other person or entity.
BE AWARE: NO PREDATORY PRACTICES
All affiliates in the Russian Accelerator affiliate program agree to refrain from any and all types of predatory advertising practices. The definition of such practices is at the sole discretion of Russian Accelerator, and includes, but is in no way limited to, dynamically replacing the affiliate ID of one affiliate with that of another. (The effect of such an act is to effectively "steal" the commission from the other affiliate that in fact earned it.) It is understood that affiliates are prohibited from adjusting any of the supplied affiliate links to bypass safeguards in the system, to reset cookies and so on. Affiliates hereby understand that such practices constitute grounds for immediate termination and forfeiture of any earned commissions, past and future.
Russian Accelerator will not be liable for indirect or accidental damages (e.g. loss of commissions) due to any affiliate system sale tracking failures, losses of database files or backups thereof, failures of the commission processing system, computer worms and/or viruses, hacking and/or attacks on computing resources, the continued viability of their products, any results of any "intent to harm" the program, or any acts of God or Nature. Russian Accelerator makes no claim that the operation of its websites will be error-free, nor will Russian Accelerator be held liable for any interruptions or errors.
a) If any part of this agreement or the Terms and Condition is declared void, this agreement and the Terms and Conditions, to the greatest practicable extent, shall be construed without reference to the aforementioned voided part. No term or provision of this agreement shall be waived unless in writing and signed by the party waiving the provision. (NOTE: Waiver must be signed in ink, and notarized.) Furthermore, any waiver shall apply only to the specific, one-time event or situation which it describes and shall not be continuing. As mentioned earlier, no affiliate may assign or sublicense this agreement to a third party without Russian Accelerator's prior handwritten consent.
b) The affiliate is responsible for paying all legal or other fees incurred in collecting returned checks or declined credit cards or any other lack of payment related to a sale made by an affiliate. If a sum is NOT collected from the affiliate or the affiliate's customer, said sum is therefore not commissionable. Meanwhile, any fees incurred during processing or handling of sales made by the affiliate will be deducted from any commissions the affiliate is due. If the commissions due the affiliate are insufficient to cover any fees owed by the affiliate, the affiliate hereby agrees to pay the full amount to Russian Accelerator.
c) IF THE FOREGOING LIMITATIONS OR THE LIMITATIONS WITHIN THE TERMS AND CONDITIONS ARE AT ANY POINT DETERMINED TO BE UNENFORCEABLE, RUSSIAN ACCELERATOR'S LIABILITY FOR DAMAGES UNDER THIS AGREEMENT TO ANY PERSON OR ENTITY SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY THAT PERSON OR ENTITY FOR THE PRODUCT, SERVICE, OR SOFTWARE.
d) To the extent you have in any manner violated Russian Accelerator’s intellectual property rights, Russian Accelerator may seek injunctive or other appropriate relief in any court located in Sevastopol, Ukraine and you consent to exclusive jurisdiction in such courts. Use of the Russian Accelerator website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including this paragraph. You agree that no partnership, employment, agency relationship or joint venture exists between you and Russian Accelerator as a result of this agreement.
Russian Accelerator's performance of this agreement is of course subject to all existing laws, and nothing in this agreement takes away Russian Accelerator's right to comply with governmental, court and law enforcement. PLEASE NOTE that if any provision of this agreement is later determined to be invalid or unenforceable according to applicable law including, but not limited to, the liability limitations and warranty disclaimers set forth herein, then the invalid provision will be declared superseded by a valid provision that most closely matches the intent of the original. The remainder of the agreement shall continue in effect.
e) This Agreement shall be governed in accordance with the laws of Sevastopol, Ukraine applicable to agreements made and to be performed in Sevastopol, Ukraine. You agree that any legal action between Russian Accelerator and you for any purpose concerning this agreement or the our mutual obligations hereunder, will first be attempted to be resolved with the help of a mutually agreed-upon online mediator. Any costs and fees (not including attorney fees) associated with the mediation will be shared equally by each of us.
f) If a mutually satisfactory solution proves impossible through online mediation, both parties agree to submit the dispute to binding arbitration at the following location: Sevastopol, Ukraine for legal actions or proceedings between Russian Accelerator and you. In no case shall you have the right to go to court. Nor will you have the right to engage in pre-trial discovery except as provided in the arbitration rules; and nor will you have the right to be a representative or member of any class of claimants as regards to any claim subject to arbitration. In short, the arbitrator's decision will be final and binding with limited rights of appeal.
g) Any claim or actionable cause you may have with respect to the website, the products, or the services must be started within ninety (90) days after the claim or cause of action arises, otherwise such claim or cause of action is barred. If Russian Accelerator fails to enforce any provision of this agreement, this shall not be construed as a waiver of any provision or right. Neither any trade practices nor any course of conduct between the parties shall act to modify any provision of this agreement. Please be aware: Russian Accelerator may assign its rights and duties under this agreement to any party at any time without notice to you.
h) As mentioned elsewhere, Russian Accelerator may modify this agreement, and the agreement this creates, at any time, simply by updating this post. We are under no further obligation to give notice to you. In addition, this is the ENTIRE agreement regarding all the matters that have been discussed.
i) Russian Accelerator reserves the right to transfer any rights or responsibility that it may have to any person or entity. Nothing herein shall alter the right of Russian Accelerator to transfer any such rights or responsibilities. Any transfer by Russian Accelerator shall cause this agreement, and any other agreement then in effect to transfer simultaneously. This may all be done without permission.
j) Finally, should this affiliate program be deemed illegal in any jurisdiction, Russian Accelerator has the right to immediately terminate this program, without recourse. If the payment processors utilized by Russian Accelerator determine that sales made through affiliates cannot be processed through the payment processor for whatever reason, then Russian Accelerator has the right to immediately, and without any further recourse, terminate this Program. Nothing herein is intended to imply that Russian Accelerator will always offer this or any affiliate program, for any of its products or services,
Any rights not expressly granted herein are reserved.