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Affiliate Terms & Conditions






Affiliate Terms & Conditions


These Affiliate Terms & Conditions were last updated on September 4, 2017.



THIS IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “YOURS”), AND ONLINE TECH STUDY, INC.,
A DELAWARE CORPORATION LOCATED IN NEW KONDLI, MAYUR VIHAR PHASE 3, DELHI INDIA (“ONLINE TECH
STUDY”, “WE”, “US”, OR “OUR”). BY CLICKING ON THE "I ACCEPT" BUTTON AT THE END OF THESE
AFFILIATE TERMS AND CONDITIONS (“AFFILIATE TERMS”) YOU ARE AGREEING THAT YOU HAVE READ AND
UNDERSTAND THESE AFFILIATE TERMS AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY
TERM AND CONDITION HEREIN.



Any version of these Affiliate Terms in a language other than English is provided for
convenience and You understand and agree that the English language will control if there is any
conflict.



All capitalized terms used and not otherwise defined herein shall have the meaning ascribed to
them in Online Tech Study’s Terms of Use, Pricing and
Promotions Policy or the Publisher Membership Agreement.


1. Overview


These Affiliate Terms contain the complete terms and conditions that apply to You when becoming
an affiliate in Online Tech Study’s affiliate program (the “Affiliate Program”). The purpose of
these Affiliate Terms is to allow You to make affiliate commissions through sales generated from
Your website to Our Services in the manner set forth herein.


2. Enrollment in the Affiliate Program


(a) Application Completion. If You have not already done so, You need to complete an
application to the Affiliate Program (the “Application”). You need to identify Your website,
describe how You plan to promote Online Tech Study’s Services on Your website, and provide
certain contact information. The Application can be found at www.onlinetechstudy.com/affiliate/.



(b) Acceptance of Your Application. If we choose to accept Your Application, You will
receive an email notification confirming that Your Application has been approved. You understand
and agree that We may accept or reject Your Application at Our sole discretion. Your Application
will be rejected if any of the information You provide is incorrect or incomplete, if Your
website promotes materials of a sexual, pornographic, violent, or defamatory nature, if You or
Your website discriminate, violate any applicable law, or violate any person’s intellectual
property rights, or for any other reason We may deem fit to reject Your Application.



(c) Access to our Affiliate Program. If We have accepted Your Application, We will send
You a welcome email with Your login details so that You may enter Our secure affiliate center.
From this center You will be able to download Promotional Materials and qualifying links as well
as access Your reports which will describe Our calculation of the affiliate commissions due to
You. It is Your responsibility to keep Your username and password information secure. For
purposes of clarity, Promotional Materials is defined as banners, text links, article copy, and
access to data feeds.



(d) You will ensure that your information including your email address is at all times complete,
accurate and up-to-date. We may send communications to the email address associated with your
account. You will be deemed to have received all notifications, approvals, and other
communications sent to that email address, even if the email address associated with your
account is no longer current.



(e) You must be in good standing with the Federal Trade Commission (the “FTC”) and in compliance
with all FTC guidelines. As an Affiliate, you also understand and agree that you have read and
fully agree to the terms listed on the Official FTC Website. Specific requirements and examples
for Online Tech Study Affiliates can be found here.


3. Specific Obligations of Affiliates


As a member of Our Affiliate Program, You represent, warrant, and covenant that You will:



(a) Link to Our Services. You will implement the links, banners, and other means of
linking Your website to Our Services (collectively, “Referral Links”) pursuant to the referral
specifications set forth on the Affiliate Program on Linkshare (“Referral Specifications”). On
this page You will be able to download certain technical materials, including links, HTML code,
banner ads, copy and other content, and any documentation for the foregoing (collectively,
“Referral Materials”). When Our customers click through the Referral Links to purchase an item
on the Online Tech Study site, you can receive commissions for qualifying purchases as described
in Affiliate Commissions.



(b) Maintain Your Site: The maintenance and the updating of Your website will be Your
responsibility. Online Tech Study will notify you via email of any changes to these Terms and
our Referral Materials. However, as a member of Our Affiliate Program and because Our
information is updated often, it will be necessary for You to update the Referral Materials on
Your website to maintain consistency and accuracy between Our Services and the Referral
Specifications.



(d) Follow and Comply with All Copyright Laws: It is entirely Your responsibility to
follow and comply with all applicable copyright and other laws that pertain to Your website. We
will not be responsible if You use another person's copyrighted material in violation of the
law.



(e) Not to solicit Our Instructors: As a member of Our Affiliate Program, You agree not
to directly or indirectly, for Yourself or on behalf of another, solicit business away from, or
solicit, induce, influence, or encourage any of Our Instructors to upload their Online Tech
Study Course(s) on Your websites and/or platforms, or otherwise alter, terminate or breach their
contractual or other business relationship with Us.


4. Affiliate Responsibilities


As a member of Our Affiliate Program, You understand and agree that:



(a) We Can Monitor Your Site: You hereby give Us the right to monitor Your website at any
time to determine if You are following these Affiliate Terms, and to notify You of any changes
We feel You should make to remain in compliance. Further, You must comply with any requests we
make for you to take down specific content from your website. Failure to comply is a violation
of these Terms and grounds for termination of Your affiliate status.



(b) We Determine the Policies for Referred Customers: Persons who become customers of Our
Services through referrals made in the Affiliate Program will be considered Our customers, at
Our sole discretion. All Our terms, rules, policies, and operating procedures that apply to Our
Users will apply to such referred customers. We may change Our terms, rules, policies, and
operating procedures at any time, as further described in Our Terms of Use
and Our other terms as We may post from time to time



(c) You will not promote Online Tech Study through paid advertising or media buying that
leads directly to the Online Tech Study website (found at www.onlinetechstudy.com). You
will not bid on Online Tech Study branded keywords as an affiliate. This applies to all
advertising platforms and to all affiliates unless direct approval from Online Tech Study is
granted.



(d) You will not use Our company name or variations of Our company name in your Domain Names
or Social Media pages: You may not register or purchase domain names that include Our
company’s name or any misspellings or variations of Our company name to run promotions as an
affiliate. Additionally, you may not include Our Company name, variations of Our company name,
or the look and feel of Our own social media pages on any social media pages (i.e. Facebook Fan
Page) where You run promotions as an affiliate.



(e) You will be Responsible for Your Website’s Content: You may not promote Our content
and Our Instructors’ courses on a website that contains any form of misleading, defamatory,
obscene, illegal, bigoted, pornographic or any other content deemed offensive by Us.



(f) You will not promote using cookie-stuffing: You may not use cookie stuffing
techniques or click-generators that set the tracking cookie without the user actually clicking
on the Referral Link. You will not artificially generate clicks or impressions on your site or
create visits on the Online Tech Study site, whether by way of a robot or software program or
otherwise.



(g) You will not mimic Our media and content: Publishers must make sure that his or her
media does not copy or resemble the look and feel of the Online Tech Study website or create the
impression that Your media is part of Our company's website. You also understand that using the
language found on Our pages verbatim is not allowed unless it is to describe the content found
on any given course landing page.



(h) You will be Responsible for Your use of content found on Our site. You may create
Your own promotional materials using pages from our site as reference. You may also use course
images and part of the text in Our pages to promote the products accurately on Your site.
However, You may NOT download, copy, or use video content (free or paid), course supplementary
materials (PDFs, quizzes or extra material), or lesson descriptions and upload them on Your own
site(s). Violation of this provision may result in the immediate termination of Your affiliate
account.



(i) You will not use spyware, malware, virus and the like: You may not include on your
site, display, or otherwise use Referral Links or other Content that uses any spyware, malware,
or virus, or any software application not expressly and knowingly authorized by users prior to
being downloaded or installed on their computer or other electronic device.



(j) You will be open and honest about Your relationship to Us: You may not misrepresent
or embellish the relationship between you and Online Tech Study or imply any relationship or
affiliation between you and Online Tech Study or any other person or entity except as expressly
permitted by this affiliate Agreement. You may not represent yourself as an agent or employee of
Online Tech Study or represent that you have the authority to bind Online Tech Study to a
contract.



(k) You cannot utilize a browser extension to promote Online Tech Study or Online Tech Study
courses without direct approval from Online Tech Study. All coupon codes available in
the extension must be approved by Online Tech Study. You also understand and agree that your
browser extension cannot allow users to upload new coupons into the extension's feed.



(l) You will not earn commissions for free courses: Our site contains paid and free
courses. Any customer You refer to Us that subsequently enrolls in a free course or uses a 'free
promo code' to get a paid course for free will not be eligible to earn You a commission and that
particular sale will not appear on Your affiliate account. We will terminate the account of
Affiliates who only promote free courses, or Affiliates who promote primarily free courses.



(m) You will be mindful of who You do business with: You may not use marketing practices
that attract fake customers. We, in our sole discretion, will make the determination whether
someone is a fake customer.



(n) You will ensure your sub-affiliates follow all of Our terms: You have the right to
work with a sub-affiliate network so long as your sub-affiliates follow Our Affiliate Terms. You
understand that You are responsible for Your sub-affiliate’s compliance with these terms and
that non-compliance by any of Your sub-affiliates may result in the termination of Your
affiliate account.



(o) For Online Tech Study employees who are also Online Tech Study Affiliates: You will
make it clear you are a Online Tech Study employee when promoting Online Tech Study as an
affiliate. As a Online Tech Study employee, You agree to clearly state in all promotional posts
or promotions containing Online Tech Study affiliate links Your employee and affiliate
relationship with Online Tech Study via a disclaimer. Specific requirements and examples for
Online Tech Study Affiliates who are also Online Tech Study employees, can be found here.



These Affiliate Terms will begin and become effective upon Our acceptance of Your Application.


5. Affiliate Commissions


(a) Eligibility: Except in jurisdictions in which such a transaction is not permitted,
You are eligible to earn affiliate commissions through Referrals (as defined in section (i)
below) during the term of these Affiliate Terms, according to the calculation described below.



(b) Amount due: The exact amount of affiliate commissions due to You in any given quarter
will be calculated in the following manner:



The affiliate commission is set up in the offers available to You in Your Publisher account. A
“Referral” is a paying customer that You refer from Your website to Our website using the
Referral Materials in accordance with the Referral Specifications. Acceptance of a Referral as a
User of Our Services shall be at Our sole discretion.



(c) Payment of affiliate commissions will be made on a monthly basis. Payments are disbursed
according to the payment method You have selected in Your affiliate account. If Your account is
terminated due to violation of these Affiliate Terms, We reserve the right to withhold all
future payments owed to You.



(d) Affiliate payments are sent to you using Linkshare’s affiliate network payment system.
Online Tech Study does not send payment directly to any affiliates. Affiliates are responsible
for making sure they are able to accept payments from Online Tech Study's affiliate network.



(e) Affiliates are responsible for any and all charges, fees, taxes, exchange rates, surcharges
and other expenses incurred in order to receive affiliate payments. Please check with your
receiving banking institution to find out if any of these apply for your account.



(f) If We determine that payment of affiliate commissions to You in any jurisdiction is illegal
under any laws, then We may reserve the right to not pay affiliate commissions for any sales
made in that jurisdiction.



(g) We may withhold Your final payment for a reasonable time to ensure that the correct amount
is paid to You.



(h) If at any time there has been no substantial activity on your account for XX years, then we
will have the right to withhold any accrued fee. Further, any unpaid fees in your account may be
subject to escheatment under applicable law.


6. Licenses


(a) You hereby grant Us a non-exclusive, non-transferable, revocable right to use Your names,
titles, and logos in the advertising, marketing, promoting, and publicizing in any manner of Our
rights under these Affiliate Terms. However, We are under no obligation to advertise, market,
promote, or publicize.



(b) We both agree not to use the other's proprietary materials in any manner that is disparaging
or that otherwise portrays the other in a negative light. We each reserve all of our respective
rights in the proprietary materials covered by this license. Either one of us may revoke this
license at any time by giving the other written notice ending our engagement under these
Affiliate Terms and Your Affiliate status. Other than the license granted in these Affiliate
Terms, we each retain all right, title, and interest to our respective rights and no right,
title, or interest is transferred to the other.


7. Disclaimer


WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING ONLINE TECH STUDY. ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY
AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO
REPRESENTATION THAT THE OPERATION OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE
WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.


8. Limitations of Liability


WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THESE AFFILIATE TERMS UNDER
ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT
LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF YOU
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED IN THESE AFFILIATE TERMS, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU
ARISING OUT OF OR RELATED TO THESE AFFILIATE TERMS, WHETHER BASED IN CONTRACT, NEGLIGENCE,
STRICT LIABILITY, TORT, OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL REFERRAL FEES PAID
TO YOU UNDER THESE AFFILIATE TERMS.


9. Indemnification


You agree to indemnify and hold harmless Online Tech Study and its employees, representatives,
agents, and affiliates, against any and all claims, suits, actions, or other proceedings brought
against them based on or arising from any claim resulting from Your breach of these Affiliate
Terms. You will pay any and all costs, damages, and expenses, including, but not limited to,
reasonable attorneys' fees and costs awarded against or otherwise incurred by Us in connection
with or arising from any such claim, suit, action, or proceeding.


10. Termination


Online Tech Study or You can Each End Our Engagement Under these Affiliate Terms: Either
Us or You may end these Affiliate Terms AT ANY TIME, with or without cause, by giving the other
party written notice. Written notice can be in the form of mail, email or fax.


11. Modification


From time to time, We may update these Terms to clarify Our practices or to reflect new or
different practices, for example We may change the scope of Referral Fees, payment procedures,
and Affiliate Program rules, or Referral Specifications or Referral Materials, and Online Tech
Study reserves the right in its sole discretion to modify and/or make changes to these Affiliate
Terms at any time, at Our sole discretion. If We make any material change to these Affiliate
Terms, You will automatically receive an email notifying You that changes were made and
prompting You to agree to Our new Affiliate Terms. Modifications will become effective on the
day they are posted unless stated otherwise. If any modification is unacceptable to You, Your
only option is to end Your participation in the Affiliates Program by removing Us as an
advertiser in Your Linkshare account. Your continued access to Our Linkshare platform will be
contingent on Your acceptance of Our updated Affiliate Terms. You should visit the Services
regularly to ensure You are aware of any changes to the Affiliate Terms, as any revised
Affiliate Terms shall supersede all previous Affiliate Terms.


12. Miscellaneous


(a) You represent and warrant to Us that:



(i) These Affiliate Terms constitutes Your legal, valid, and binding obligation, enforceable
against You in accordance with the terms and conditions set-forth herein;



(ii) You have the full right, power, and authority to accept and be bound by these Affiliate
Terms and to perform Your obligations under these Affiliate Terms, without the approval or
consent of any other party;



(iii) You have sufficient right, title, and interest in and to the rights granted to Us in these
Affiliate Terms; and,



(iv) YOU HAVE READ AND TAKEN INTO ACCOUNT THE LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER
PROVISIONS OF THESE AFFILIATE TERMS PRIOR TO ACCEPTING THESE AFFILIATE TERMS.



(b) Independent Contractors. Each of us shall be deemed to be independent contractors
with respect to the subject matter of these Affiliate Terms, and nothing contained in these
Affiliate Terms shall be deemed or construed in any manner as creating any partnership, joint
venture, employment, agency, fiduciary, or other similar relationship. You will not make any
statement, whether on your site or otherwise, that contradicts or may contract anything in this
paragraph.



(c) Assignability. You may not assign Your rights or obligations under these Affiliate
Terms to any party, and any attempt to do so will be void and without effect. We are free to
assign these Affiliate Terms.



(d) Governing Laws. These Affiliate Terms shall be governed by the substantive laws of
India's without reference to its choice or conflicts of law principles that would require the
application of the laws of another jurisdiction, and shall be considered to have been made and
accepted in the Indian states. Any dispute that may arise in connection with these Affiliate
Terms shall be resolved in accordance with our Terms of Use.



(e) You may not amend or waive any provision of these Affiliate Terms unless in writing and
signed by both of us.



(f) Entire Agreement. These Affiliate Terms represent the entire agreement between Us and
You, and shall supersede all prior agreements and communications between us, oral or written.



(g) Headings and Titles. The headings and titles contained in these Affiliate Terms are
included for convenience only, and shall not limit or otherwise affect the terms herein.



(h) Severability. If any provision of these Affiliate Terms 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 both of us is effectuated, and the remainder of these Affiliate
Terms shall have full force and effect.