This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in Kandu Education Limited' Affiliates Scheme (the "Scheme"). As used in this Agreement, "we" means Kandu Education Limited., "you" means the applicant, and "services" means course subscriptions offered on the “website” meaning http://www.kanduit.co.uk.
Becoming an affiliate
By clicking on the "Recommend our website to your friends and earn money" link in the members area you are automatically accepted as an affiliate.
Linking to our site
The affiliates section in your membership area will provide text links and banners that can be added to your website, included as part of an email, shared via social media or forum signatures where allowed by the forum administrator. These links are designed for tracking and reporting for all links between the share point and our site. You will be solely responsible for properly utilising the link formats. We do not accept any responsibility for the incorrect use of the special links / link formats and therefore we shall not be accountable for any loss of fees as a result of your errors.
You further agree not to use the links on any website which sends or posts any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Kanduit.co.uk or any third party may suffer which is caused by or attributable to, whether directly or indirectly.
Any misuse of links whether it be on innapropriate websites, or ‘spam’ email is not the responsibility of the website owner and any reported misuse will result in expulsion from the affiliates scheme and all learning programmes associated with Kandu Education Limited.
Subject to the terms and conditions of this Agreement, you will be paid commission of 10% for each new customer referred from your Kandu IT link who successfully purchases a paid subscription. If it is later found that the customer's purchase was refunded, we retain the right to withhold any payments to you resulting from that individual's purchases. Commission is paid on Internet based orders only and does not apply to products or services other than the subscriptions listed on KanduIT.co.uk. The commission applies also to any further subscription payments from that customer, but does not apply to any BTEC assessment packs.
The affiliate scheme relies on cookies to track customers. If for whatever reason, the customer does not accept the cookie, the cookie expires or the customer deletes the cookie, they cannot be tracked and you will not earn commission for any orders that customer may place. Our cookies are set to expire after one year.
If at any time the commissions owed to you become less than the total deductions due to refunds as mentioned above the difference shall be immediately payable to Kandu Education Limited.
Payment Method and Schedule
In accordance with distance selling regulations a 14 day grace period is offered to all new customers. Therefore commission is not available until 15 days after the time of purchase. The minimum commision payment is £5, if the commision owed is less than this amount it shall be carried over until £5 has been reached. Commission will be paid on the first Thursday following the 15 day period into a Paypal account of the affiliates choice.
Commission may not be paid to an affiliate if the details we hold for that affiliate are not accurate. It is the affiliates' responsibility to make sure that Kandu Education Limited is notified of any change in their details such as their Paypal email address. We also reserve the right to cancel commission payments and course subscriptions if we believe that there has been any fraudulent attempts to use the service.
Policies and operating procedures
Customers purchasing services from Kandu Education Limited through this scheme will be deemed to be customers of Kandu Education Limited. Accordingly, all Kandu Education Limited rules, policies, and operating procedures concerning the services will apply to those customers. We may change our policies and operating procedures at any time.
We grant you a non-exclusive, non-transferable, non-sublicensable, revocable right to use our logos and text for which we grant express permission, solely for the purpose of identifying your site as a scheme participant. You agree that you will not engage, participate or otherwise become involved in any activity or course of action that diminishes and/or tarnishes the image and or reputation of Kandu Education Limited. We may cancel all subscriptions is these terms are broken.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. You are also responsible for any potential taxes due on the collected commissions.
You will indemnify, defend and hold us harmless from all claims, damages, and expenses (including, without limitation, legal fees) relating to the development, operation, maintenance, and contents of your site as well as any goods or services provided or made available by you. These obligations will survive any termination of this Agreement. Any violation of these terms and conditions may cause us to terminate this agreement.
The term of this Agreement will begin upon our acceptance of your application and will end when terminated by either party. Either you or Kandu Education Limited may terminate this Agreement at any time, with or without cause, by giving the other party written or emailed notice of termination. You are only eligible to earn referral fees on subscriptions occurring during the term of this Agreement only. We may withhold your final payment to ensure that the correct amount is paid. Your site is subject to periodic review. If we determine at any point after acceptance into our scheme that your site is not suitable for the scheme, we may unilaterally end the status of your site as an Affiliate.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a new agreement on our site. Your continued participation now, or within thirty (30) days following the posting notice of any changes in these terms and conditions, will constitute a binding acceptance by you of such rules, changes or modifications. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. Your continued participation in the scheme following our modifications will constitute a binding acceptance of the change.
Limitation of Liability
We will not be liable for indirect, special or consequential damages (or loss of revenue, profits or data) arising in connection with this agreement or the affiliate scheme, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this agreement and the affiliate scheme will not exceed the total Affiliate Referral Fees paid or payable to you under this agreement.
We make no express or implied warranties or representations with respect to the scheme or any products sold through the scheme 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 our site 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, have had an opportunity to consult with your own legal advisors if you so desired, and agree to all the terms and conditions set forth herein. You agree that, in interpreting this agreement, no weight shall be placed upon the fact that this agreement has been drafted by us, and you shall not assert that this agreement is unenforceable or invalid on the grounds that it is a contract of adhesion, that it is unconscionable or any similar theory. 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 scheme and are not relying on any representation, guarantee or statement other than as set forth in this agreement.
This Agreement will be governed by the English law, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the courts of England and Wales, and you irrevocably consent to the jurisdiction of such courts. 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 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.