Oracle Partners

[vc_row full_width=”stretch_row” content_placement=”middle” parallax=”content-moving” parallax_image=”1815″ css=”.vc_custom_1617087224312{margin-top: -28px !important;padding-top: 80px !important;padding-bottom: 80px !important;background: #90db0dd1 url(http://devk21academy.wpengine.com/wp-content/uploads/2019/05/beverages-celebration-champagne-1721939.jpg?id=18731);}”][vc_column width=”1/6″][/vc_column][vc_column width=”2/3″ css=”.vc_custom_1563345298288{border-radius: 3px !important;}”][vc_custom_heading text=”Referral Program Terms & Conditions” font_container=”tag:h1|font_size:40|text_align:center|color:%23ffffff|line_height:1.5″ google_fonts=”font_family:Montserrat%3Aregular%2C700|font_style:400%20regular%3A400%3Anormal”][vc_empty_space height=”20″][vc_separator color=”custom” border_width=”5″ el_width=”20″ accent_color=”#ffce06″][/vc_column][vc_column width=”1/6″][/vc_column][/vc_row][vc_row css=”.vc_custom_1563348224821{padding-top: 20px !important;background-color: #f7f6f7 !important;}”][vc_column width=”1/6″][/vc_column][vc_column width=”2/3″][vc_column_text]

Referral Agreement  

The following Referral Agreement (“Agreement”) is entered into by and between K21 Academy. (“Company”, “we”, or “us”) and the party submitting an application to become an referral of the Company and/or having an accepted application (“Referral” or “You”).

The Company has set up a program for referrals to promote its products in exchange for a share of the commission for any sales (the “Referral Program”). Except as modified by a separate agreement governing the promotion of any particular product, the terms of this Agreement apply to your participation in any the Company’s Referral Program.

By submitting an application to participate in the Referral Program and/or by otherwise participating in the Referral Program, you agree to be bound by these Terms, which You acknowledge that You have read and understood.

Application & Acceptance  

To participate in the Referral Program, you must fill out an Referral Program application (“Application”). You are required to answer all questions in that Application, and your answers must be accurate and complete.

To participate in the Referral Program, you must provide the Company with your true information, as well as business and banking information as requested. You may not use any alias, pseudonym, persona, pen name, DBA, or other means to mask your identity or business details.

The Company will rely upon the information provided in your Application, and any false information will be a basis to reject your Application or to terminate your status as an Referral without compensation if discovered after you are approved.

The Company will review your Application and decide whether to accept you as an Referral. We will notify you in due course of your acceptance or rejection as an Referral. We may accept or reject your Application at our sole discretion for any or no reason.

Upon your application being approved for the Referral Program, you will receive an email notifying you of your acceptance. Password to your referral account is not shared in the email thus you should save the password at the time of filling Application details. You can reset password to your referral account any time.

Payment Gateways 

The Company shall pay any sums due to Referral as set forth below via PayPal. Referral shall be responsible for providing their correct PayPal email address necessary to facilitate the use of the payment method.

Commissions  

The Company will pay Referral a fee (a “Commission”), for each customer acquired as a result of a customer being referred to the Company using the unique tracking links assigned to the Referral (“Referral Links”). The tracking and attribution of sales to Referrals based upon their tracking links is done automatically by the Company’s marketing automation system. Referrals shall be paid only for sales that are tracked through the Company’s marketing automation system and indicate the Referral Link as the source of the sale. The Company intends to use a 30-day cookie as part of its referral tracking.

Referral shall receive a Commission payment upto 25% of the gross revenue for each sale based on decided percentage based on training products to Referral using their Referral Link.

Referral agrees that the Company shall only be liable for payment of the Commissions to the extent it receives all funds due and owing to it from the relevant customer after the refund period has passed. Accordingly, Referral shall not be entitled to any Commission on a sale that is refunded, for which there is a chargeback, or for which the Company ultimately does not receive the sales proceeds as a result of credit card abuse or fraud.

The Company shall pay Commissions on the 15th day of the following month. For example, commission earned in June will be paid on the 15th day of July. When the Company initially launches the Digital Course Academy™️, it will offer current customers who are members of either Courses that Convert™️ or Webinars that Convert™️ the option to purchase the Digital Course Academy™️ at a 50% discount. These sales will not be commissionable, so Referrals will not receive a commission on discounted current student pricing.

Right To Chargeback, Offset, and Holdback  

Referral agrees that the Company shall have the right to charge back the Referral’s account or otherwise adjust for any previously paid Commissions that ultimately are not commissionable under this Referral Terms. Specifically, in the event that a sale via Referral is refunded for any reason, charged back, or otherwise challenged after the Commission has been paid, the Company shall have the right to charge back the Commission paid to the Referral.

Referral further agrees that the Company shall have the right to offset any Commissions due and payable to the Referral to account for any charge backs the Company experiences on sales for which Referral has already received a Commission.

Representations and Warranties  

The Company represents:

  • that it shall not knowingly and intentionally violate any law, regulation, or rule applicable to its business operations;
  • that the products and/or services offered in connection with the Referral Program are legal products and services within the Company’s jurisdiction;
  • that it intends to be bound by the mutual promises, terms, and conditions of this Agreement; and
  • that it has the necessary intellectual property and other rights to offer the products that are available for promotion under the Referral Program.

Referral represents that:

  • that Referral has read this Agreement, understands its terms, and agrees to be bound by this Agreement;
  • that this Agreement constitutes Referral’s valid and binding agreement and was executed by a person with authority to bind the Referral;
  • that Referral’s answers to the questions in the Application were truthful and accurate to the best of Referral’s knowledge;
  • that Referral will comply with CAN-SPAM, GDPR, and CA-SL requirements in connection with email marketing;
  • that Referral will comply with all applicable Federal Trade Commission rules, regulations, and guidelines related to referral marketing;
  • that Referral will not make use of the Company’s name, trademark, or service mark in any manner other than expressly allowed under the Referral Program; and
  • that Referral will not engage in any behavior that violates the terms of this Agreement or that constitutes an attempt to fraudulently or deceptively increase the earnings of Referral under this Referral Program.

Promotional Materials, Limited License, and Intellectual Property  

From time to time, the Company may make materials available to Referral for use in promoting the Company’s products (“Promotional Material”). The Promotional Material may include the Company’s logos, images of products that are part of the Referral Program, display banner advertisements, referral links, and other graphic and textual material for use in Referral’s promotion efforts.

Upon acceptance into the Referral Program, the Company grants Referral a revocable, non-exclusive, worldwide, royalty-free license to use the Promotional Material during the term of this Agreement. The Referral may use the Promotional Material on its website, in emails, and in other promotional activities.

Referral may use any such Promotional Material solely for the purpose of promoting the Company’s products and/or for linking to the Company’s website. Referral may not make any other use of the Promotional Material and shall not state or imply that the Company has endorsed the Referral.

Referral agrees not to alter, add to, subtract from, or otherwise modify any of the Promotional Material provided by the Company without the express written consent of the Company. Moreover, Referral may not make any derivative works using the Promotional Materials.

Confidentiality

Referral shall not, directly or indirectly, use for his or her own benefit (other than to fulfill his or her obligations) or disclose to any third party any Confidential Information (as defined below) of Company without prior, written permission of Company in each instance. Confidential Information means all non-public information of Company, including, without limitation, these Terms and Conditions, sales figures, software passwords, Company list size, list contents, ideas, stories, activities, curriculum, event format, presentation materials, presentation content, inventions, financial information, business plans, business processes, marketing plans, marketing strategies, marketing copy, financial projections, customer lists, customer financial information, personal information of executives, sponsorship strategies, relationships with other vendors, media delivery concepts and systems, including, but not limited to, web-based delivery systems, technical data, software designs, drawings, specifications, models, source code, object code, documentation, diagrams, flowcharts, and other similar information that is proprietary to and confidential information of Company.

This Agreement imposes no obligation of confidentiality on Referral with regard to any portion of the Company’s Confidential Information (a) that is generally available to the public at the time of disclosure; (b) that becomes generally available to the public after the Promotion without any breach of this Agreement by Referral; or (c) that Referral can demonstrate by written records he or she had independently developed without any access to or usage of the Confidential Information.

In the event Referral becomes or may become legally compelled to disclose any Confidential Information (whether by deposition, interrogatory, request for documents, subpoena, civil investigative demand or other process or otherwise), Referral shall provide to Company prompt prior written notice of such requirement so that Company may seek a protective order or other appropriate remedy and/or waive compliance with the terms of this Section. In the event that such protective order or other remedy is not obtained, or that Company waives compliance with the provisions hereof, Referral shall furnish only that portion of the Confidential Information which he or she is advised by counsel is legally required to be disclosed, and shall use his or her best efforts to ensure that confidential treatment shall be afforded such disclosed portion of the Confidential Information. In general, Referral may not disclose any financial, personal, or business information about Company or its executives (including Founder Atul Kumar) without permission from Company. Such disclosure is grounds for legal action, equitable relief, and termination of this Agreement.

Acceptable And Non-Acceptable Marketing Practices  

Referral shall post and make available to all end-users an appropriate privacy policy that complies with all applicable federal, state, and local laws and requirements. The privacy policy shall be made available to users prior to the collection of any personally identifiable information, and shall clearly disclose all information collection, use, and sharing practices, including any collection of information in connection with the Referral Program.

Referral shall not promote Company’s products: (1) in conjunction with any any illegal activity, (2) on any illegal website, (3) in a manner that a reasonable person would consider threatening, harmful, defamatory, obscene, sexually explicit, harassing, or promoting violence; (4) in a manner that promotes discrimination, (5) in any manner the Company expressly deems as objectionable, or (6) in a manner that infringes upon the intellectual property or related rights held by any third party (7) inside of any K21 Academy managed Facebook groups.

Referral shall not make any claims, guarantees, representations, or warranties about the Company’s products, except as expressly authorized herein or in the Company’s Website Terms of Use.

Term and Termination  

This Agreement shall commence upon the date the Company notifies you that you have been accepted into the Referral Program and shall continue thereafter until terminated as provided herein.

The Company may terminate this Agreement in full or in part at any time and for any reason it deems appropriate with or without prior notice to you. In the event of termination, the Company will disable any tracking URLs, links, cookies, pixels, and similar mechanisms for use with the Referral Program. You may terminate this Agreement at any time upon notification to the Company in writing.

Upon termination, you shall immediately cease all use of the Promotional Materials and all of the Company’s intellectual property and will delete all copies of such materials in your possession. Furthermore, you shall immediately cease representing yourself as a participant in the Referral Program.

You shall be entitled to all validly accrued Commissions that have been earned prior to the termination of this Agreement.

Nature of The Relationship  

The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

Disclaimers  

The Referral Program, any Promotional Material, and the products and services provided on connection therewith, are provided to Referral “as is.”

Except as expressly set forth in this Agreement, the Company expressly disclaims to the maximum extent allowed by law, all warranties, express implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing, usage, or trade.

The Company does not warrant that the Referral Program or Promotional Materials will meet Referral’s specific requirements or that the materials are error free or uninterrupted.

The Company expressly disclaims any liability for any act or omission of any third party provider not under the control of the Company, and their products and services.

Referral expressly agrees and understands that the Company has not made any guarantee that Referral will earn any specific amount of commissions and attests that no such representations or claims have been made.

Limitation of Liability  

You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of participation in the Referral Program and/or any information and resources contained in the Referral Program. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for participation in the Referral Program.

To the maximum extent permitted by applicable law, in no event shall the Company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Referral Program, with the delay or inability to use the Referral Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Referral Program, or otherwise arising out of the use of the Referral Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Referral Program or any portion of it, your sole and exclusive remedy is to terminate your participation in the Referral Program.

Arbitration

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Referral Program.

To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in [CITY, STATE]. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

Dispute Resolution  

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Referral Program. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to Jaipur, India.

Choice of Law  

This Agreement shall be governed by and interpreted under the laws of India, without regard to any conflict of laws provisions.

Indemnification  

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Referral’s breach of any provision of this Agreement, including the representations and warranties, (b) any misuse, fraud, or deceptive conduct by Referral or any of its agents in connection with the Referral Program, and (c) any claims related to any promotional media created by Referral (excluding claims related to any Promotional Material provided by the Company).

The Company hereby agrees to indemnify, defend, and hold harmless Referral, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of an allegation that the Company does not have the right to provide the Promotional Material or that the Promotional Materials violate a third-party’s rights.

Modification  

The Company may modify this Agreement at any time by providing Referral with notification of the proposed changes by email at Referral’s email address, but any such changes will not alter the Company’s obligation to Referral with respect to any previously-earned commissions. Any such changes shall become effective ten (10) business days after such notice.

If the proposed modifications are unacceptable to you, you may terminate this agreement pursuant to the Termination clause above. Continued participation in the program shall constitute your acceptance of and agreement to the modification to this Agreement.

Entire Agreement  

This Agreement constitutes the entire agreement between You and the Company with respect to the Referral Program, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and the Company with respect to the Referral Program. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Severability  

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

Waiver

No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Force Majeure  

The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Contact Us

The Company welcomes your questions or comments regarding the Referral Program Terms & Conditions Policy:

K21 Technologies Limited
8 Magnolia Place, Harrow, London, HA2 6DS

Email Address: contact@learn.k21academy.com[/vc_column_text][/vc_column][vc_column width=”1/6″][/vc_column][/vc_row]