AFFILIATES AGREEMENT
TERMS AND CONDITIONS
This Affiliate Terms and Conditions Agreement (the
"Agreement") is entered into by (your affiliate details stated in
the www.acropol.org affiliates form) hereinafter referred to
as the "Affiliate", and ARTWORKS EDUCATION.ORG, a Non-Profit
501-C3 organization in the USA with educational facilities in Greece under the
name ACROPOL “The Greek Art Program”.
By clicking on 'I accept', the affiliate is entering into this
legal agreement with ARTWORKS EDUCATION, hereinafter referred to as
ACROPOL and the official ACROPOL.org program web site.
TERMS AND CONDITIONS
1.
In order to enroll and participate as an Affiliate of the
ACROPOL program, the Affiliate must be over eighteen (18) years of
age and/or over the age of majority if residing and/or conducting business
in states, provinces or countries where the age of majority is greater than
eighteen (18) years of age.
2.
If at any time ACROPOL discovers that an Affiliate is under 18
years of age and/or under the age of majority, the affiliate's account shall be
cancelled and all monies due will be forfeited as partial damages for
violation(s) of the terms and services of the Agreement.
3.
If an Affiliate uses a website for advertising purposes the
Affiliate must be the owner of said website or the individual vested with the
authority to enter into contracts on behalf of the entity that owns the rights
to the website.
4.
The Agreement and the provisions hereof, shall be in full force
and effect commencing on the date accepted by ACROPOL and remain in force until
terminated by either party in accordance with the provisions set forth herein.
5.
All payments are to be made in U.S. dollars ("USD") or
Euros for European Community affiliates at ACROPOL’s discretion.
6.
Commission Payment Structure: 20 (twenty) per cent
commission per program sale. ACROPOL Shall pay the Affiliate for each
signup upon full completion of any program offered by ACROPOL. Payment will be submitted 30 days
after full completion of any such program.
7.
Under no circumstances does the Affiliate have the right to
collect money from any client participating in the ACROPOL program, unless
agreed in writing.
ACROPOL reserves the right to determine the manner in which
payments shall be processed. Generally, the pay period shall be
split into two monthly periods: from the 1st of the month to the
15th of the month and from the 16th of the month to the last day of the month.
Generally, payments shall be made after 30 days of the end
of each pay period. Subsequent payments are sent every 2 weeks
thereafter.
The Affiliate shall be solely responsible for the operation,
development and general maintenance of their business or website, without any
right to incur any extraordinary expenses. The Affiliate is fully independent
and has no legal rights over ACROPOL. The Affiliate is further responsible for
issuing an invoice to ACROPOL in exchange for commission payments.
An Affiliate is not authorized to and shall not change, modify
or in any way edit ACROPOL’s names, images, file names, trademarks, design
logos, watermarks, banners, ads, descriptive logos or any other material for
any purpose other than as expressly set forth herein or in any modification to
this Agreement.
ACROPOL abides by a ZERO TOLERANCE policy relating to "spamming." No
spamming of any kind is permitted in order to promote the ACROPOL.org
site. The affiliate shall not use ACROPOL’s images or videos for promotion
of any other site unless approved in writing.
ACROPOL further abides by a ZERO TOLERANCE policy relating to any illegal content.
As a consequence, should an affiliate website contain any illegal content
or material of any kind, ACROPOL will cancel the affiliate agreement.
Should an affiliate website contain any material which
in ACROPOL’s sole discretion constitutes an infringement,
misappropriation or violation of any individual's or entity's intellectual
property rights including, but not limited to, copyrights, trademark rights,
rights of publicity, patent rights, personal property rights, privacy rights,
etc., ACROPOL shall revoke the Affiliate’s status without notice and
terminate the account and all monies due to the Affiliate will be forfeited as
partial damages for violation(s) of the terms and services of the Agreement.
ACROPOL shall not tolerate any form of deceptive, unfair and/or
false advertising by an Affiliate and all such practices are prohibited.
Affiliate acknowledges and agrees that ACROPOL shall have the
right, in its sole and exclusive discretion, at any time during the term of
this Agreement, to cancel or modify what it determines to constitute
possible fraudulent activity by an Affiliate. Without limiting the generality
of the foregoing, possible fraudulent activity shall include, without
limitation, the following unacceptable circumstances or activities:
a.
To charge, modify or mislead program fees to a customer.
b.
To collect a deposit or any amount of payment for any program.
c.
To charge a customer fees through other website platforms,
credit cardaccounts, bank accounts, money orders or any other type of platform.
d.
To attend any of the programs unless ACROPOL so authorizes in
writing.
e.
To visit ACROPOL premises without notice and acceptance by
ACROPOL
f.
To submit any Affiliate offers without prior approval by ACROPOL
g.
Any other reason that ACROPOL determines as a cause for
cancellation.
All ACROPOL program benefit materials, including but not limited
to, all advertising banners, photographic materials, recordings, videos, sound,
and any other form of intellectual property provided to the affiliate by
ACROPOL as part of this program shall remain the exclusive property of ACROPOL
and may not be copied, reproduced, altered, modified, changed, broadcast,
distributed, transmitted, disseminated, sold or offered for sale in any manner
except as expressly authorized in writing by ACROPOL. The affiliate
acknowledges and agrees that nothing in this Agreement shall grant the
affiliate any right of ownership whatsoever as pertaining to ACROPOL
intellectual property.
ACROPOL reserves the right to cancel this program at any time.
The parties to the Agreement shall not be liable or be
considered in breach or default under the Agreement on account of delay or failure
to perform as required by this Agreement, nor as a result of any causes or
conditions that are beyond the party's reasonable control and that such party
is unable to overcome through the exercise of commercially reasonable diligence
including, but not limited to, acts of God, wars, riots, acts of civil or
military authority, terrorism, fire, flood, earthquakes, hurricanes, tropical
storms or other natural disasters, strikes, etc.
The terms and conditions of this Agreement are subject to change
by ACROPOL at any time in its sole discretion. The Affiliate shall
be provided reasonable notice of any such changes by e-mail to the Affiliate’s
address of record or by posting the changes on the site and such shall be
considered sufficient notice for notifying the Affiliate of a modification to
the terms and conditions of this Agreement.
Nothing in this Agreement shall be construed so as to create a
relationship of partners, any partnership, joint venture, agency franchise, or
employment relationship between the parties. Affiliate will have no authority
to make or accept any payments, offers or representations on behalf of ACROPOL.
Affiliate will not make any statement, whether on their website or otherwise,
that would reasonably contradict anything in this Section. Affiliate is a sales
representative of ACROPOL. ACROPOL expressly disclaims responsibility for any
conduct by Affiliate in violation of these terms of agreement.
ACROPOL 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 Affiliate Program, even if ACROPOL has
been advised of the possibility of such damages. Furthermore, ACROPOL’s
aggregate liability arising with respect to this Agreement and the Affiliate
Program will not exceed the total commissions paid or payable to the Affiliate
under this Agreement.
The Affiliate may not assign this Agreement, including the
rights and obligations to any third party, without the prior express written
approval of ACROPOL.
This Agreement shall be governed by and construed in accordance
with the laws of Greece (European Community) without regard to conflicts of law
principles. The sole and exclusive jurisdiction and venue for any action or
proceeding arising out of or related to this Agreement shall be in an
appropriate court located in Greece. The Affiliate hereby submits to the
jurisdiction and venue of said Courts. The Affiliate consents to service of
process in any legal proceeding.
This agreement constitutes the entire agreement, and by signing
up to the affiliate program, and by supplying ACROPOL with all the required
information to sign up as an Affiliate, the Affiliate is acknowledging that he
has read and agreed to all of the terms and conditions, promises, warranties,
duties and obligations set forth in the above Agreement and agrees to be bound
by the terms thereof.
The Affiliate acknowledges and understands that any breach of
these provisions gives ACROPOL the right to revoke the Affiliate’s status
without notice as well as cancel the Affiliate's account and that all monies
due will be forfeited as partial damages for violation(s) of the terms and
services of the Agreement.
ACROPOL requires that every Affiliate complete the appropriate
application form, and submit same to ACROPOL for review and acceptance. ACROPOL
has the right to reject at any given time and without notice said application.
A no reply notice to any affiliate application may constitute a delay in
processing, overload in request or a denial of acceptance to the affiliate
program