Affiliate Program Terms and Conditions

Exceed HR Affiliate Program

 

How it works:

 

The Exceed HR Referral Programme entitles you to earn 25% commission on enrolments that you refer to us.

Exceed HR will provide you with a unique referral ID/website link that points to our website and/or particular programmes. We will also provide you some images and banners for your choosing if you wish.

If a customer visits our website by clicking a link that contains your referral ID and enrols in a program, you will receive a 25% commission on the value of the enrolment.

 

Affiliate Terms and Conditions

 

As an authorised affiliate (Affiliate) of Exceed HR (Exceed HR), you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting Exceed HR as an Affiliate.

 

Your participation in the Program is solely to legally advertise/advocate for our website to receive a commission on memberships and products purchased by individuals referred to Exceed HR by your own website or personal referrals.

 

Under these terms and conditions both you and Exceed HR are to be considered independent, this means the affiliate programme you wish to enter into does not create a relationship between either parties.  Therefore you can not act as a representative of any kind on our behalf as this would be considered contradicting this affiliate programme

By signing up for the Exceed HR Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.

 

At any time upon our sole discretion Exceed HR may modify the terms and conditions of this agreement; we must do so by posting a change notice or new agreement on our website and notification will be provided where appropriate.  It is the responsibility of the affiliate to regularly monitor our site for any modifications that may occur.

 

  1. Approval or Rejection of the Application

To protect the integrity of the program, only existing members, students or alumni are eligible to apply to be an affiliate with Exceed HR. We reserve the right to approve or reject ANY Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.

 

  1. Commissions

Commission fees are calculated as a percentage of each qualified purchase. The current schedule is 25% per product purchased; Percentages are based on the product price excluding GST.  Commissions will be rewarded on all enrolment purchases, including subscription re-bills.

Exceed HR reserves the right to deduct referral commissions paid out for fraudulent or refunded sales from the affiliate’s current and future commissions.

The commission fees may change at any time without prior notice

Commissions will be paid once a month. For an Affiliate to receive a commission, the referred account must remain active for a minimum of 30 days.

 

You cannot refer yourself, and you will not receive a commission on your own accounts. There is also a limit of one commission per referral. If someone clicks the link on your site and orders multiple accounts, then you will receive a commission on the first order only.

 

Affiliates are solely responsible for all tax obligations due to all taxing authorities arising from or in connection with the participation in our Program. Exceed HR will not withhold any taxes of any kind from any Commissions received by the affiliate. 

Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.

 

  1. Termination

Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:

 

  • Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
  • Spamming (mass email, mass newsgroup posting, etc.).
  • Advertising on sites containing or promoting illegal activities.
  • Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
  • Violation of intellectual property rights. Exceed HR reserves the right to require license agreements from those who employ trademarks of Exceed HR in order to protect our intellectual property rights.
  • Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Bundling other products with Exceed HR, however, is acceptable.
  • Self referrals, fraudulent transactions, suspected Affiliate fraud or any attempt by an Affiliate to manipulate, falsify or inflate the Referred Customers, Qualified Purchases, or Commission Fees.
  • If you cancel your HRHQ membership or fail to pay for any committed purchases.

In addition to the foregoing, Exceed HR reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.

 

  1. Affiliate Links

You may use graphic and text links both on your website and within in your email messages. You may also advertise the Exceed HR site in online and offline classified ads, magazines, and newspapers.

 

You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in Condition 3.

 

  1. Affiliate obligations
  1. The affiliate is required to disclose their affiliate relationship with Exceed HR on their website, and wherever else they display or offer their Affiliate Link to potential Exceed HR customers. This means that all Affiliate Sites and any email or collateral that provide an endorsement or assessment of Exceed HR programmes must visibly disclose the fact that you receive compensation for Referred Customers.
  2. The affiliate agrees that he/she will comply with all local, state, and federal laws concerning the sending of emails, data and privacy security.
  3. The affiliate is not allowed to use masking or cloaking to hide the affiliate links to our website.
  4. The affiliate may not claim that Exceed HR provides services or resources not listed on our website.
  5. The affiliate is bound to comply with applicable laws, regulations and guidelines concerning advertising and marketing within New Zealand or the territory on which the affiliate resides.
  1. Tracking Cookies and Pay Per Click (PPC) Policy

When a potential Exceed HR customer clicks on an Affiliate Link, a tracking cookie will be stored by the web browser. The tracking cookie will have a validity of 60 days. The affiliate is not allowed to use any techniques that set the tracking cookie without the user actually clicking on the referral link. The affiliate is responsible for making sure that their links are working correctly after making any changes to them. Referral fees may not be paid for tracking errors caused by editing, masking, redirecting, or tampering with affiliate links, as determined at the sole discretion of Exceed HR.

PPC bidding is NOT allowed without prior written permission.

 

  1. Liability

Exceed HR will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).

 

We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by Exceed HR. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.

 

  1. Term of the Agreement

The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated. Affiliate links must be removed immediately upon termination of this agreement.

 

The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.

 

  1. Indemnification

The affiliate shall indemnify and hold harmless Exceed HR and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorised by Exceed HR to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.

 

  1. Governing Law, Jurisdiction, and Attorney Fees

This Agreement shall be governed by and construed in accordance with the laws of New Zealand. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the state courts located in New Zealand.

 

In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.

  1. Electronic Signatures Effective

The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Exceed HR affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Exceed HR application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.