APSO Affiliate Program Terms of Service
Agreement - “the Affiliate Contract”
By signing up to be an Affiliate in the APSO Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
PowersPermaculture123 reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
You must be 18 years or older to be part of this Program.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
You are responsible for maintaining the security of your gumroad.com account and password. PowersPermaculture123 cannot and will not be liable for any loss or damage from your failure to comply with this security obligation as it is through a 3rd party and solely your responsibility.
You are responsible for all Content posted and activity that occurs under your account. Use provided materials.
You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
APSO Affiliate Program Links/Graphics on your site, in your Emails, or other Communications
Once you have signed up for the APSO Affiliate Program, you will be assigned a unique Affiliate URL Link to our gumroad.com sale page. You are permitted to place this link, the memes, banners, or other graphics we provide on the Affiliate Resources Page on your site, in your emails, or in other communications. We will provide you with guidelines, copy write for emails and social media posts, links, videos, free ebooks, reviews, and digital pictures/memes to use in your promotion.
To permit accurate tracking, reporting, and referral fee accrual, we will be utilizing gumroad.com for transparency of all payments and sales. Only use your gumroad.com Affiliate URLs to sell the course - otherwise you will not receive the profits from that sale. It is your responsibility to use your links to make your sales. All promotions of the course must lead to links and products suggested on the Affiliate Resource Page.
Affiliate Sales and Payment
For a Product sale to be eligible to be an affiliate sales split, the customer must click-through a gumroad.com Affiliate Link from your site, email, or other communications and complete an order for that product while that product is available for purchase.
Gumroad.com will only pay commissions (affiliate split payments) on Affiliate Links which are automatically tracked, sales split, and the deposit reported within each of our own accounts. We will not pay commissions directly to affiliates - it is all through gumroad.com for transparency and ease of use. It does include a processing fee for payments.
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods as well as to end any Affiliate membership at any time.
Identifying Yourself as an APSO Affiliate
The Affiliate may not in any manner misrepresent or embellish the relationship between PowersPermaculture123 and themselves. Affiliates may identify themselves as APSO Affiliates and limit their description to that role only - unless an APSO Teacher and Reciprocal Affiliate, those affiliates that PowersPermaculture123 sells their products as an affiliate.
You may not purchase products through your affiliate links for your own use. You may not make any “deals” with customers or change any terms of purchasing of any products. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
All payments are through gumroad.com and can be weekly at times, but depending on when sales fall in the work week, it can take a bit longer. All Affiliates are responsible for setting up their Payout Setting on gumroad.com to guarantee regular payments. PowersPermaculture123 will not make direct payments to Affiliates. All payment inquiries are to be made to gumroad.com. All refunds are to be enacted by PowersPermaculture123 at their discretion on a case by case basis - knowing that 30 day money back guarantees are the standard online. Affiliates will email all refund requests to Matt@ThePermacultureStudent.com
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
You will be solely responsible for the development, operation, and maintenance of your site, social media, emails, and for all materials that appear on your site or in connection with this program.
For example, you will be solely responsible for:
– The technical operation of your site and all related equipment
– Ensuring the display of Affiliate Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Affiliate Links)
– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your site are not libelous or otherwise illegal
Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links related to the APSO Affiliate Program, and all of our images, language, and links, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. PowersPermaculture123 reserves the right to end or suspend the Program at any time. Upon program termination, all Affiliate relationships too will be terminated.
PowersPermaculture123, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other PowersPermaculture123 service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Affiliate Links. PowersPermaculture123 reserves the right to refuse service to anyone for any reason at any time.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
Limitations of Liability
PowersPermaculture123, Matt Powers, other Affiliates, and Gumroad.com 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 Program.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the PowersPermaculture123 will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of PowersPermaculture123 to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and PowersPermaculture123 and govern your use of the Service, superseding any prior APSO Affiliate agreements between you and PowersPermaculture123 (including, but not limited to, any prior versions of the Terms of Service).