AFFILIATE PROGRAM AGREEMENT
Last: August 11, 2023
PLEASE READ THIS AFFILIATE PROGRAM AGREEMENT CAREFULLY.
We periodically update these terms. We might also choose to replace these terms in their entirety if, for example, the Affiliate Program changes, ends, or becomes part of an existing program. If we update or replace the terms we will let you know via by email. If you don’t agree to the update or replacement, you can choose to terminate as we describe below.
Definitions and Interpretation:
In this Agreement, unless the context otherwise requires: "Affiliate" refers to the individual or entity participating in the Program under the terms and conditions set forth in this Agreement. "Program" refers to the World Markets Academy LLC Affiliate Program, as described herein. "Company" refers to World Markets Academy LLC, operating through its registered brand Elliott Wave Street. "Agreement" refers to this Affiliate Program Agreement, including all its terms, conditions, and any amendments made from time to time.
As an authorized Affiliate (Affiliate) of World Markets Academy LLC (World Markets Academy LLC legal name of ElliottWaveStreet.com), you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting World Markets Academy LLC as an Affiliate.
Your participation in the Program is solely to legally advertise our website to receive a commission on memberships and products purchased by individuals referred to World Markets Academy LLC by your own website or personal referrals.
By signing up for the World Markets Academy LLC Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.
- Non-Exclusivity
This Agreement does not create an exclusive agreement between you and us. Both you and World Markets Academy LLC will have the right to recommend similar products and services of third parties and to work with other parties in connection with the design, sale, installation, implementation and use of similar services and products of third parties.
- Proprietary Rights
No license to any software is granted by this Agreement. World Markets Academy LLC’s Program is protected by intellectual property laws. The Program belong to and are the property of World Markets Academy LLC. We retain all ownership rights in the Program You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the World Markets Academy LLC’s Content, in whole or in part, by any means, except as expressly authorized in writing by us. Elliott Wave Street, is our trademark and you may not use them without our prior written permission, except as otherwise set forth in this Agreement.
- Approval or Rejection of the Application
We reserve the right to approve or reject ANY Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.
- Commissions and payments
Commissions will be paid once a month. For an Affiliate to receive a commission, the referred account must remain active for a minimum of 30 days.
You cannot refer yourself, and you will not receive a commission on your own accounts.
Affiliate shall earn a commission fee equal to twenty percent (20%) of the net amount paid by customers referred by Affiliate for all services purchased on a lifetime recurring basis. World Markets Academy LLC serves as an Affiliate for third parties; therefore, commissions originating from other companies will be excluded from the Affiliate payout.
Payments to Affiliates will be made via PayPal during the first week of each calendar month.
The email address provided in this registration is the same as the Affiliate PayPal account email; all payments will be sent to this PayPal account, following the expiration of the 30 days the referred account has been active.
Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.
- Termination
Your Affiliate application and status in the Program may be suspended or terminated for any of the following reasons:
Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
Spamming (mass email, mass newsgroup posting, etc.).
Advertising on sites containing or promoting illegal activities.
Failure to disclose the Affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
Violation of intellectual property rights. World Markets Academy LLC reserves the right to require license agreements from those who employ trademarks of World Markets Academy LLC in order to protect our intellectual property rights.
Offering rebates, coupons, or other form of promised kickbacks from your Affiliate commission as an incentive. Adding bonuses or bundling other products with World Markets Academy LLC, however, is acceptable.
Self-referrals, fraudulent transactions, suspected Affiliate fraud.
In addition to the foregoing, World Markets Academy LLC reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.
- Affiliate Links
You may use graphic and text links both on your website and within in your email messages. You may also advertise the World Markets Academy LLC site in online and offline classified ads, magazines, and newspapers.
You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in paragraph 3.
- Cookie Tracking
When a referral from Affiliate clicks on the unique Affiliate link, the system will save a tracking cookie that will remain valid for ninety (90) days. If a referral from another Affiliate interacts with World Markets Academy LLC, within this time, the previous tracking cookie will be replaced.
Once the referred customer purchases any membership or course on World Markets Academy LLC’s website, the customer will be permanently linked to the Affiliate for the lifetime of that customer's account.
- Opt Out and Unsubscribing
You will comply promptly with all opt out, unsubscribe, "do not call" and "do not send" requests. For the duration of this Agreement, you will establish and maintain systems and procedures appropriate to effectuate all opt out, unsubscribe, "do not call" and "do not send" requests.
- Independent Contractor Relationship
The Affiliate’s relationship with World Markets Academy LLC will be that of an independent contractor, and nothing in this Agreement is intended to, or should be construed to, create a partnership, agency, joint venture, or employment relationship.
- Coupon and Deal Sites
World Markets Academy LLC occasionally offers coupons to select Affiliates and to our newsletter subscribers. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon. Below are the terms that apply for any Affiliate who is considering the promotion of our products in relation to a deal or coupon:
Affiliates may not use misleading text on Affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific Affiliate.
Affiliates may not bid on World Markets Academy LLC Coupons, World Markets Academy LLC Discounts or other phrases implying coupons are available.
Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set Affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.
User must be able to see coupon/deal/savings information and details before an Affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).
Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.
- Cookies Duration
COOKIES USED AS PART OF THE AFFILIATE TOOL HAVE A SET DURATION. IF A POTENTIAL CUSTOMER CLEARS THEIR COOKIES DURING THIS PERIOD, WORLD MARKETS ACADEMY LLC SHALL NOT BE LIABLE FOR ANY COMMISSIONS THAT MAY HAVE BEEN OWED TO YOU.
- Liability
World Markets Academy LLC will not be liable for indirect or accidental damages (loss of revenue, commissions) due to Affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.
We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by World Markets Academy LLC. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.
- Term of the Agreement
The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.
The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.
- Indemnification
Affiliate shall indemnify and hold harmless World Markets Academy LLC and its Affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by World Markets Academy LLC to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.
- Governing Law, Jurisdiction, and Attorney Fees
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, United States. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the state courts located in Florida.
In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.
- Confidentiality
Both parties agree to maintain confidentiality regarding any proprietary or confidential information exchanged as part of this Agreement. Unauthorized disclosure may result in termination of this Agreement and legal action.
- Intellectual Property Rights
The Affiliate is granted a limited, non-exclusive, non-transferable license to use World Markets Academy LLC’s trademarks, logos, and related marketing materials solely for the promotion of World Markets Academy LLC’s products as part of the Program. Any unauthorized use is prohibited.
- Warranties and Representations
Each party warrants that it has the full power and authority to enter into this Agreement and that it will comply with all applicable laws and regulations.
- Alternative Dispute Resolution
Any dispute arising under this Agreement shall first be attempted to be resolved through mediation or arbitration in Florida. If such resolution is unsuccessful, the dispute may be brought before the state courts located in Florida.
- Force Majeure
Neither party shall be liable for failure to perform its obligations if such failure results from unforeseen circumstances beyond its control, such as natural disasters, government actions, etc.
- Compliance with Laws
Both parties shall comply with all applicable federal, state, and local laws, regulations, and ordinances.
- Notices
All notices under this Agreement shall be in writing and shall be sent to the addresses provided by each party, or via email, with acknowledgment of receipt.
- Entire Agreement and Waiver
This Agreement constitutes the entire understanding between the parties and supersedes any previous agreements. Any waivers of the Agreement's terms must be made in writing.
- Assignment
This Agreement may not be assigned by the Affiliate without the prior written consent of the Company.
The Affiliate shall be responsible for all taxes and other similar levies applicable to the Sales Commission pursuant to any law or regulation. The Affiliate shall report the Sales Commission to its taxation authorities as required by law.
World Markets Academy LLC shall post and maintain, on a current basis, a designated password-protected Web page for each Affiliate showing the Affiliate's participation in the Program including number of potential customers referred by it and an estimate of the Sales Commission owing to it. World Markets Academy LLC shall, on or during the first week of each month, trough, PayPal transmit the Sales Commission representing the amount payable for the sales completed in the previous month. World Markets Academy LLC reserves the right to delay sending payment for one month, in exceptional cases up to two months, to prevent suspected cases of affiliate fraud. Sales statistics of the referred transactions, supporting the amount paid, shall be made available by World Markets Academy LLC on the Affiliate's private site. Affiliates will receive their commissions in US dollars.
- AFFILIATE SITES AND PROMOTION METHODS
25.1- The Affiliate shall be solely responsible for all materials that appear on its site. It shall strictly adhere to all applicable laws and regulations in conducting its business and more specifically in marketing and advertising the Product. The Affiliate understands and agrees to comply with the guides outlined in the FTC'S "Guides Concerning the Use of Endorsements and Testimonials and Advertising" (http://ftc.gov/os/2009/10/091005revisedendorsementguides.pdf). Affiliates shall not make misrepresentations about the Product and shall acknowledge the affiliate nature on any promotions of the Product.
Without restricting the generality of the foregoing, the Affiliate shall not violate the intellectual property rights of others (ex., copyright, trademark, etc.), nor send unsolicited e-mail and shall not send e-mail or any other communication to a recipient if the recipient has requested that it discontinue such communication, nor shall it send or display on its Web site any material that may be considered to be harassing, libelous, defamatory, legally obscene or pornographic, threatening, abusive or hateful, nor shall the Affiliate do anything that may be considered (by World Markets Academy LLC in its sole judgment) as detrimental to World Markets Academy LLC reputation.
When using Social Medial Marketing (Twitter, Facebook, Pinterest, etc.,) for promotional purposes, the affiliate may make no more than 3 posts per day per social platform across all of their accounts on the same platform. For example, if the affiliate has multiple Twitter accounts, no more than 3 promotional tweets per day including his/her affiliate RR URL is allowed. Promoting on social media platforms must be genuine, bona-fide, in-context Preselling. Tricking users into liking/sharing via personalizing (i.e., as coming from a "friend") is considered spam. Social marketing that may be considered by World Markets Academy LLC as detrimental to World Markets Academy LLC reputation on all Social Media platforms will result in the affiliate receiving one warning. If non-compliance continues after the warning, the affiliate account will be terminated.
25.2- World Markets Academy LLC shall have the right, but not the obligation, to pre-approve the graphics and logos used on any Web site which is linked to its site. Furthermore, the Affiliate shall annotate its site with appropriate copyright, trademark and other similar notices, which shall be approved by World Markets Academy LLC. If the Affiliate specifies a price point for the Product in its marketing and advertising, it shall ensure that it is updated regularly to reflect all price changes.
25.3- World Markets Academy LLC shall have the right to monitor the Affiliate's web site at any time and from time to time to determine if it is in compliance with the terms and conditions on this Agreement.
- LICENSES AND GOODWILL PRESERVATION
26.1- World Markets Academy LLC shall have the right, but not the obligation, to approve, in its sole and absolute discretion and with due regard to the protection and preservation of the goodwill of the Product any promotional, advertising or marketing item used by the Affiliate. The Affiliate shall make all deletions and modifications suggested by World Markets Academy LLC on any site where the Product is mentioned.
26.2- In the event that the Affiliate breaches any of the undertakings or obligations set forth in this Agreement and does not remedy same within 7 days’ notice from World Markets Academy LLC, it shall automatically forfeit the Sales Commission then receivable or receivable at any time in the future. World Markets Academy LLC shall, in addition, have the right to terminate this Agreement and shall retain all other rights and remedies available to it at law or in equity.
26.3- World Markets Academy LLC shall have the right but not the obligation to terminate this Agreement with an Affiliate who does not maintain a valid e-mail address with World Markets Academy LLC (World Markets Academy LLC tracks all bounces of communications and automatically terminates any affiliate whose e-mail address is not valid). World Markets Academy LLC shall have the right but not the obligation to terminate this Agreement if the Affiliate ceases to actively market the Product for a period of 6 months. In such cases, the Sales Commission owing, representing the sums earned shall be paid even after termination of this Agreement.
- MODIFICATION AND APPLICATION OF AGREEMENT
27.1 World Markets Academy LLC may, in good faith, modify any of the terms and conditions contained in this Agreement (including the Affiliate Compensation Schedule), at any time and in its sole discretion, by posting a change notice or a new agreement on its Web site. If any modification to this Agreement is not acceptable to the Affiliate, its only recourse is to terminate this Agreement. The Affiliate's continued participation in the Program following the said posting of a change notice or new agreement shall constitute binding acceptance by the Affiliate of the change.
27.2 If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
27.3 The Affiliate shall not assign, transfer or convey this Agreement or any part thereof to any other party without World Markets Academy LLC's consent which shall not be unreasonably refused.
27.4 This Agreement shall ensure to the benefit of and be binding upon the parties hereto and their respective heirs, legatees, executors, legal representatives, successors and assigns.
27.5 This Agreement represents the entire agreement between the parties and supersedes all prior negotiations, agreements and understandings, if any. For greater certainty but without restricting the aforementioned, information contained in any of the following shall not form part of this Agreement, namely: descriptions of the Program (including the descriptions of Sales Commission payable to the Affiliates) on World Markets Academy LLC's Web site(s); e-mail communications from World Markets Academy LLC or from any of its employees, officers or directors; in the Product, or in marketing/informational documents.
- Data Processing and Protection
The parties acknowledge that in connection with the Affiliate Program, each party may provide or make available to the other party Personal Data. To the extent that any Personal Data is processed in connection with the Program then: Each party shall process the copy of the Personal Data in its possession or control: (i) as an independent controller (not as a joint controller with the other party) (iii) for the purposes described in this Agreement; and/or (iv) as may otherwise be permitted under Applicable Data Protection Law. For the avoidance of doubt and without prejudice to the foregoing, World Markets Academy LLC shall be an independent controller of any Personal Data that it receives or shares with Affiliate.
- Electronic Signatures Effective
This clause indicates that when the affiliate signups on our website for the affiliate program, it generates an electronic signature. This electronic signature holds the same legal validity and enforceability as a signature written by hand. Furthermore, it's a requirement that the Affiliate digitally signs the contract prior to receiving the first commission payment from World Markets Academy LLC.
World Markets Academy LLC will provide this contract to the Affiliate either through their private dashboard or via email. It is mandatory for the Affiliate to digitally sign this contract, confirming their agreement and understanding of the conditions set forth within it.
