THIS IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “YOURS”), AND SKILL GAINS (PVT) LIMITED, A COMPANY REGISTERED IN PAKISTAN WITH SECURITIES & EXCHANGE COMMISIONS AND IS A PARENT COMPANY OF ASKIMTINAN.COM., AKA ASKIMTINAN (“ASKIMTINAN”, “WE”, “US”, OR “OUR”). BY CLICKING ON THE “I ACCEPT” BUTTON AT THE END OF THESE PARTNER (PARTNER, AFFILIATE, SALES REPRESENTATIVE, DEALER, AGENT) TERMS AND CONDITIONS (“PARTNER TERMS”) YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THESE PARTNER TERMS AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION HEREIN.
Any version of these Partner 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 AskImtinan’s Terms & Policies
These Partner Terms contain the complete terms and conditions that apply to You when becoming a Partner in AskImtinan’s Partner program (the “Partner Program”). The purpose of these Partner Terms is to allow You to make partner commissions through sales generated from Your website, network, marketing activities to Our Services in the manner set forth herein.
Enrollment in the Partner Program
(a) Application Completion. If You have not already done so, You need to complete an application to the Partner Program (the “Application”). You need to identify Your website, network, marketing activities describe how You plan to promote AskImtinan’s Services on Your website, network, marketing activities and provide certain contact information. The Application can be found at www.askimtinan.com/partner/
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, network, marketing activities promote 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 Partner Program.
If We have accepted Your Application, We will send You a welcome email so that You may enter Our secure partner 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 partner 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.
Specific Obligations of Partners
As a member of Our Partner 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 Partner Program (“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 AskImtinan’s site, you can receive commissions for qualifying purchases as described in Partner Commissions.
(b) Maintain Your Site:
The maintenance and the updating of Your website will be Your responsibility. AskImtinan will notify you via email of any changes to these Terms and our Referral Materials. However, as a member of Our Partner 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 Partner 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 AskImtinan Course(s) on Your websites and/or platforms, or otherwise alter, terminate or breach their contractual or other business relationship with Us.
As a member of Our Partner 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 Partner 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 partner status.
(b) We Determine the Policies for Referred Customers:
and Our other terms as We may post from time to time
(c) You will not bid on AskImtinan-branded keywords as an partner. This applies to all advertising platforms and to all partners unless direct approval from AskImtinan 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 partner. 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 partner.
(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. Additionally, you will not promote any other instructor or instructors’ course or courses other than AskImtinan.
(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 AskImtinan 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 Askimtinan 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 partner 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 AskImtinan or imply any relationship or affiliation between you and AskImtinan or any other person or entity except as expressly permitted by this partner Agreement. You may not represent yourself as an agent or employee of AskImtinan or represent that you have the authority to bind AskImtinan to a contract.
(k) You cannot utilize a browser extension to promote AskImtinan or AskImtinan courses without direct approval from AskImtinan.
All coupon codes available in the extension must be approved by AskImtinan. 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 partner account. We will terminate the account of Partners who only promote free courses, or Partners 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-partners follow all of Our terms:
You have the right to work with a sub-partner network so long as your sub-partners follow Our Partner Terms. You understand that You are responsible for Your sub-partner’s compliance with these terms and that non-compliance by any of Your sub-partner may result in the termination of Your partner account.
(o) For AskImtinan employees who are also AskImtinan Partners:
You will make it clear you are a AskImtinan employee when promoting AskImtinan as an partner. As an AskImtinan employee, You agree to clearly state in all promotional posts or promotions containing AskImtinan partner links Your employee and partner relationship with AskImtinan via a disclaimer.
These Partner Terms will begin and become effective upon Our acceptance of Your Application.
(a) Eligibility: Except in jurisdictions in which such a transaction is not permitted, You are eligible to earn partner commissions through Referrals (as defined in section (i) below) during the term of these Partner Terms, according to the calculation described below.
(b) Amount due:
The exact amount of partner commissions due to You in any given quarter will be calculated in the following manner:
The partner 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 partner commissions will be made on a weekly basis. Payments are disbursed according to the payment method You have selected in Your partner account. If Your account is terminated due to violation of these Partner Terms, We reserve the right to withhold all future payments owed to You.
(d) Partner payments are sent to you using EasyPaise and/or Bank Transfers and/or cheque payments. AskImtinan does not send payment directly to any partners in cash. Partners are responsible for making sure they are able to accept payments from AskImtinan’s partner network.
(e) Partners are responsible for any and all charges, fees, taxes, exchange rates, surcharges and other expenses incurred in order to receive partner 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 partner commissions to You in any jurisdiction is illegal under any laws, then We may reserve the right to not pay partner 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.
(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 Partner 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 Partner Terms and Your Partner status. Other than the license granted in these Partner Terms, we each retain all right, title, and interest to our respective rights and no right, title, or interest is transferred to the other.
WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING ASKIMTINAN. 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.
Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THESE PARTNER 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 PARTNER TERMS, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE PARTNER 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 PARTNER TERMS.
You agree to indemnify and hold harmless AskImtinan and its employees, representatives, agents, and partners, 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 Partner 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.
AskImtinan or You can Each End Our Engagement Under these Partner Terms: Either Us or You may end these Partner 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.
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 Partner Program rules, or Referral Specifications or Referral Materials, and AskImtinan reserves the right in its sole discretion to modify and/or make changes to these Partner Terms at any time, at Our sole discretion. If We make any material change to these Partner Terms, You will automatically receive an email notifying You that changes were made and prompting You to agree to Our new Partner 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 Partner Program by intimating us by sending an email to firstname.lastname@example.org Your continued access to Our website will be contingent on Your acceptance of Our updated Partner Terms. You should visit the Services regularly to ensure You are aware of any changes to the Partner Terms, as any revised Partner Terms shall supersede all previous Partner Terms.
(a) You represent and warrant to Us that:
(i) These Partner 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 Partner Terms and to perform Your obligations under these Partner 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 Partner Terms; and,
(iv) YOU HAVE READ AND TAKEN INTO ACCOUNT THE LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER PROVISIONS OF THESE PARTNER TERMS PRIOR TO ACCEPTING THESE PARTNER TERMS.
(b) Independent Contractors.
Each of us shall be deemed to be independent contractors with respect to the subject matter of these Partner Terms, and nothing contained in these Partner 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.
You may not assign Your rights or obligations under these Partner Terms to any party, and any attempt to do so will be void and without effect. We are free to assign these Partner Terms.
(d) Governing Laws.
(e) You may not amend or waive any provision of these Partner Terms unless in writing and signed by both of us.
(f) Entire Agreement.
These Partner 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 Partner Terms are included for convenience only, and shall not limit or otherwise affect the terms herein.
If any provision of these Partner 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 Partner Terms shall have full force and effect.