Terms and Conditions for Direct Leadership® Affiliate Partners 

Thank you for your interest in being a Direct Leadership® Affiliate Partner. Please read these Affiliate Partner Terms & Conditions carefully. 

We are grateful for our Affiliates, and we want you to succeed in your businesses. 

You are participating as an Affiliate Partner through our invitation or by request. All Affiliates are subject to approval by us at our sole discretion. We operate with three types of affiliates:

• Affiliate Sales Partner (ASP) is anybody who works in the leadership training industry and is approved at our discretion.
• Certified Trainer (CT) is a person who has successfully completed the Direct Leadership® Trainer Certification Program and received a diploma to testify to this.
• Distribution Partner (DP) is a company with a written Distribution Partner agreement with us, which includes the Direct Leadership® Online Products.

As a member of the Direct Leadership® Affiliate Program you have our commitment to paying you a commission whenever our system can automatically identify that a customer who bought a Direct Leadership® online product was referred to us by you.

We also want to serve you and our clients with full integrity and compliance with the law. As an Affiliate, we expect you to conduct yourself with professionalism and care, so we want your commitment to following these Affiliate Terms & Conditions.

The purpose of these Affiliate Partner Terms & Conditions is to set forth the details about how our Affiliate relationship works so that you can be clear from the outset as to how our communication and relationship works.

As a Direct Leadership® Affiliate Partner you agree to accept these Affiliate Partner Terms & Conditions, as well as the general Terms & Conditions that appear on clarityonline.simplero.com, directleadership.com and zastrow.dk. 

Definitions

Here are a few definitions to help you understand these Direct Leadership® Affiliate Partner Terms & Conditions:

•  “Enrollee”means a person who has used one of your Affiliate Links to purchase an Online Direct Leadership® Product 
• “Affiliate Links” are yourpersonal DirectLeadership® links. Each Affiliate Link is a unique URL designated by us for you. This link allows us to identify Enrollees to the online products as originating from you. These are your personal links to use whenever you send anybody a link about Direct Leadership®
• “Commission” is the amount of money that will be paid by us to you based on a percentage of the total amount of the sales that originates through your unique Affiliate Links.
• “Downstream” is another affiliate partner (Certified Trainer or Affiliate Sales Partners), that is assigned as downstream to a Direct Leadership® Distribution Partner, and from whose sales the Distribution Partner may earn a commission (labelled “downstream commission”).
•  “Online Direct Leadership® Product” means a Direct Leadership® product – fully or partially delivered online - sold through the Direct Leadership® web shop. Non-online products are e.g. workbooks for classroom training and trainer tools, such as the Direct Leadership® Simulation Board Game.

1. The function of Affiliate Links

Once you have been approved to be an Affiliate Partner, you will receive two predefined, unique Affiliate Links for each Direct Leadership® Online Product included in the affiliate program. The predefined links go to each of the order forms and sales pages. It is also possible for you to create more Affiliate links if there are other pages online that you want to use to promote Direct Leadership® These Affiliate links allow us to identify Enrollees to directleadership.simplero.com, as originating from you. Enrollees originating from you are tracked with these unique references and sales are automatically recorded accordingly.

To receive a commission, you MUST use the provided unique Affiliate Links in the specified way. Commissions are only paid if our system can automatically track a client to you via Affiliate link. You are solely responsible for insuring that the Affiliate Link is set up properly to qualify for Commission. So please make sure it is set up right from the start, so you can get paid. 

2. Affiliate Partner Commission and Payment:

If you are:

• a Certified Direct Leadership® Trainer your commission is 30% …
• an Affiliate Sales Partner of Direct Leadership® Online Products (who is not a Certified Direct Leadership® Trainer), your commission is 10%...
• a Direct Leadership® Distribution Partner, your commission on downstream sales is 10%...

… of the total amount collected by us for each enrolment in an Online Direct Leadership® Product (excluding tax and refunds) that our system may trace back to you, because the Enrollee signed up using Affiliate link. 

2.1 Calculation, Release and Refunds 

A Commission calculation is generated when an Enrolee in one of the Online Direct Leadership® Products or you yourself makes a purchase using your Affiliate Link(s). This tracking is completely automated.

You will receive your Commission on a monthly basis[1],with each pay-out covering the amount owed that has been paid to us at least 30 days in advance, on the following conditions:

• the Enrolee(s) must have submitted their payment for an Online Direct Leadership® Product either in full or as an instalment
• a 30-day period after the remittance must have passed without a request for a refund to the Enrolee[2]

[1]The Commission will normally be released to you as a bank transfer, but we may change our payment mechanism at any point.

[2]We generally have a no-refund policy, but occasionally refunds may happen. Your commission will be deducted correspondingly. A refunded commission amount will be deducted from your balance immediately while the commission on the original payment will still be subject to the 30-day lapse. This means that a refund that happens within the first 30 days will temporarily affect your balance negatively.

• The Commission amount due to you is minimum EUR 100.
• You have authorized us to make such payments via a standard payment format of our choosing.
• All payments will be made in EUR or DKK.

2.2 Possible Reassignment of Affiliate Commission: 

Generally, affiliate commission is assigned at the time a customer signs up for one of the Online Direct Leadership® Products and to the Affiliate whose Affiliate Link(s) led to the purchase. However, in some cases, we reserve the right to reassign affiliate credit to another affiliate. This might be initiated by one or both of the affiliates involved, e.g. if it is obvious that a special effort by another affiliate caused the Enrolee to become a paying customer.

In such a case, the final decision will be ours. We are here to reward our affiliates in the fairest way we know how. Under no circumstances, however, will we split the affiliate commission among more than one affiliate.

3. Intellectual Property Rights

We reserve all rights in and to our “Direct Leadership®” name, visual identity and all related trademarks, trade names, logos, taglines, slogans, images and similar identifying marks related to the Direct Leadership® and ZASTROW &Co. ApS (collectively, the “Visual Identity”).

We do, however, grant you a non-exclusive right to display the Visual Identity on your website, e-mail and social media communications in connection with the unique Affiliate Link and promotion of Direct Leadership®. In fact, we want you to use it in promoting Direct Leadership®.

It is a firm requirement, however that when promoting Direct Leadership, you may not change the proportion, colour or font of the logo or otherwise alter the Visual Identity or any element thereof. The specifics of the Visual Identity and the rules of usage is set down in the Direct Leadership® Brand Guide.

You may not display the Visual Identity or any element thereof in any manner that implies sponsorship or endorsement by us, except of your involvement as an Affiliate Partner as described in these Affiliate Partner Terms & Conditions. 

The Visual Identity and its elements may not be used to register Internet domain names for any purpose. You may not use the Visual Identity or any element thereof to disparage us, our products or services, or in a manner which, in our reasonable judgment, may diminish or otherwise damage our goodwill in the Visual identity or any element thereof.

You acknowledge that all goodwill generated through your use of the Visual identity or any element thereof will benefit us and you hereby assign to us any and all goodwill generated through your use of the Visual identity or any element thereof, without any payment or other consideration of any kind to you. 

Whenever you stop being an Affiliate Partner, you must cease to use the Visual identity or any element thereof.

You agree not to frame or design your website to make it look like our website or to utilize our branding or Visual identity or any element thereof in any way that would confuse customers or the general public as to who is hosting or promoting Direct Leadership®.

You agree to not purchase or register any keywords, search terms or other identifiers related to our Visual identity or any element thereof or the trade or service marks or names of our primary competitors, including misspellings or variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service, online or offline. You are on our team. We want to keep it that way.

You agree to not purchase or register any domains or other identifiers that include variations of our Visual identity or any element thereof or names intended to approximate misspellings or typographical mistakes of same or which otherwise would constitute typo or domain squatting, including variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service, online or offline, unless otherwise agreed to by us.

4. Anti-SPAM (UCE) & EU GDPR, Confidentiality

You agree to not send unsolicited mail or SPAM mail to promote Direct Leadership® or any of our products or services. This action WILL RESULT in immediate termination of your account with a cancellation of any pending Commissions. You will also be in violation of these Affiliate Partner Terms & Conditions and may be subject to legal action.

We agree to comply with the EU GDPR (EU’s General Data Protection Rules) as they relate to the consent to use, collection and use of personal data necessary to achieve the goals and objectives of the Direct Leadership® Affiliates Partners program.

We further agree that individuals employed or subcontracted by us who will gain access to personal data (e.g. accountants or web designers) will be required to sign an agreement stating their confidentiality and compliance with the EU GDPR rules.

You agree to comply with the EU GDPR (EU’s General Data Protection Rules) as they relate to theconsent to use, collection and use of personal data necessary for you to achieve the goals and objectives of being a Direct Leadership® Affiliate Partner.

You further agree that you will ensure that individuals employed or subcontracted by us who will gain access to personal data (e.g. accountants or web designers) will guarantee confidentiality and act in compliance with the EU GDPR rules. 

5. Website and Other Restrictions

You explicitly state and agree that your website, e-mail and/or social media content does not promote, endorse or display: (a) sexually explicit material or violence; (b) illegal activities, or (c) discrimination based on race, sex, sexual orientation, religion, national origin, or physical disability. 

Additionally, you agree not to: (a) read, intercept, record, or redirect any electronic form or other materials submitted to us by any person or entity; (b) take any action that could reasonably cause any customer confusion as to your relationship with us or as to the website on which any functions or transactions (e.g., search, order, browse, and so on) are occurring; or (c) spam automated or anonymous links to social media pages or search engines. 

We reserve the right to cancel your participation, withhold or cancel your Affiliate Partner Commissions, or take any other action at our sole discretion should you conduct any of the behaviour above or fail to operate with integrity or within the guidelines of the Danish and European Law as well as the local laws in your country of operation.

6. Termination

We hope you want to remain an Affiliate Partner for a while, but if for some reason you don’t want to continue, we will be sad to see you go. You may terminate your relationship as an Affiliate with us at any time by sending an e-mail to info@directleadership.com

We want you to know that we reserve the right to terminate you as an Affiliate if: (1) you violate any of the terms of these Affiliate Partner Terms & Conditions, (2) if you are doing something unethical, even if it wasn’t explicitly disallowed by these Affiliate Partner Terms & Conditions. If we exercise our right to terminate your Affiliate Partner relationship with us, we reserve the right to not pay any commission earned prior to any violation of terms or unethical behaviour that has not previously been paid to you.

Within 14 days after termination, whether by you or us, you must remove all references to the Affiliate Links from your website and email lists.

7. Disclaimer & Release of Claims

We will make every reasonable effort to track and pay Commissions for all sales that apply to you. However, we are not responsible for technical problems, acts by third parties, or other events outside our reasonable control, which may temporarily disrupt or diminish this service. You understand that Affiliate tracking can never be 100% accurate and tracking of your sales depends on several factors. Therefore, we cannot guarantee 100% tracking for situations that may happen beyond our control.

We shall not be held liable for any indirect, incidental, special, equitable or consequential damages or any loss of revenue or profits by you arising under or with respect to serving as an Affiliate Partner. 

We will not be held responsible in any way for the information that you request or receive through our Affiliate Partner program. You fully and completely release us and all of our staff from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you ever had, now have or will have in the future against us and/or our staff, arising from your participation in the Affiliate Partner Program, unless arising from the gross negligence on our part.

By serving as an Affiliate Partner, you also consent to all of the terms as stated in our general Terms & Conditions found on our website at directleadership.simplero.com, directleadership.com and Zastrow.dk

8. Independent Businesses

Throughout the entire time you are an Affiliate Partner for us, we are completely separate and independent businesses. Nothing in these Affiliate Partner Terms & Conditions creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between you and us, unless you and we have a separate agreement, e.g. a Distribution Partner agreement or a Certified Trainer Agreement. Each of our respective businesses are conducted at our own initiative, responsibility and expense, and each shall have no authority to incur any obligations on behalf of the other, except as otherwise provided in these Affiliate Partner Terms & Conditions.

The term “Affiliate Partner” shall not be interpreted as a legal partner or affiliate, but rather, simply as an independent business doing marketing for us pursuant to these Affiliate Partner Terms & Conditions. You understand that you are NOT an employee of us, and therefore, you are responsible for your own local, state, province and/or country taxes and compliance with all relevant laws. 

You understand that you do not have authority to make or accept any offers or make any representations on behalf of us. You agree that you will not misrepresent our Affiliate Program, products or services. Thanks for abiding by this term.

9. Other Important Terms

9.1 Entire Agreement, Assignment and Waiver

These Affiliate Partner Terms & Conditions contain our entire agreement regarding the online Direct Leadership® Products. These Affiliate Partner Terms & Conditions may be modified or amended at any time by us. You may not assign your rights or obligations to any party. In the event that any part of these Affiliate Partner Terms & Conditions are deemed unenforceable, the remaining portions shall be severed and remain in full force. The failure to enforce any provision of these Affiliate Partner Terms & Conditions shall not be construed as a waiver or limitation of the right to later enforce and compel strict compliance with every part of these Affiliate Partner Terms & Conditions. 

9.2 Dispute Resolution

We hope that we could work out any conflict that we may have amiably through e-mail or phone conversations. However, in the event that a dispute was to arise between us, we agree now that we both agree to use mediation first before any arbitration, litigation, or other procedure. If we can't agree, any disputes will be resolved according to the Danish Law in Copenhagen, Denmark.

By agreeing to become an Affiliate Partner, you acknowledge that you have read, understand, agree to and accept all of the terms of these Affiliate Partner Terms & Conditions. 

We are excited that you are joining us as an Affiliate Partner. We are looking forward to our collaboration.

Welcome to the Direct Leadership® Affiliate Partner Team.

Direct Leadership®

c/o ZASTROW

Borgergade 111

1300 Copenhagen K

 

(Last updated on June 19th, 2018)