ZTM Ambassador ("Affiliate") Program - Terms of Service

Last updated: December 03, 2020

These Terms of Service are entered into by and between you and Zero To Mastery, Inc., a Canadian corporation, (“ZTM” or “Zero To Mastery”) and govern the terms of ZTM’s affiliate program (the "Affiliate Program" or "Ambassador Program"). BY SUBMITTING AN APPLICATION TO PARTICIPATE IN THE AFFILIATE PROGRAM, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE AS WELL AS ZTM’S TERMS OF USE AND PRIVACY POLICY. Your participation in the Affiliate Program is conditioned on your acceptance of these Terms of Service and all terms, conditions, and notices contained herein. Please read the Terms of Service carefully. If you do not want to agree to these Terms of Service, you must not participate in the Affiliate Program.

1. Definitions

As used in these Terms: (i) “We”, “us”, or “our” refers to Zero To Mastery Inc. and our website; (ii) “you” or “your” refers to the Affiliate; (iii) “our website” refers to our properties located at www.zerotomastery.io; (iv) “your website” refers to any websites that you will link to our website; (v) “Program” refers to our Affiliate Program.

2. Eligibility for the affiliate program

To be eligible for the Program, you must be at least 18 years of age, submit a Program application containing all the information requested (available at: https://links.zerotomastery.io/ambassador_application) and accept these Terms. After receiving your application, we will review it and notify you of your acceptance or rejection into our Program. Please allow up to 5 business days for your application to be reviewed. We reserve the right to reject any application, however we encourage you to contact us if you feel we have made an incorrect decision. Ensuring to complete your application as detailed as possible will help us make a better decision.

3. Teachable

We use Teachable to enable this Program. Teachable handles all tracking and payments. Teachable will automatically distribute payouts to you every 30 days (on the first business day of the month). Teachable will also collect the necessary PayPal account information and tax forms from you. You must provide them with the requested information in order to receive your commission payments. You can find additional details related to Teachable here and here.

4. Referrals

You will receive commission for Qualified Referrals to Zero To Mastery. The percentage of commission may change at any time and without notice.

"Qualified Referrals" mean customers referred by you to Zero To Mastery who: (1) click on your unique tracking link; (2) within thirty (30) days of clicking on your unique tracking link, successfully purchase, a monthly or yearly subscription for Zero To Mastery Academy; and (3) maintain an active account and the monthly or yearly subscription with Zero To Mastery Academy for a minimum of thirty-one (31) days.

Affiliates who share the same personal/company details, including but not limited to, last name, email address, IP address, website details, or commission payment details, as their referred customer will be deemed to have made a “Self-Referral.” Referral commission and any earnings associated with this type of “Self-Referral” will not be paid. Zero To Mastery, in its sole discretion, will determine the classification of any referral as a “Self-Referral.”

Referrals made to current Zero To Mastery Academy customers will be considered “Current Customer Referrals" and referral commission and any earnings associated with Current Customer Referrals will begin accruing after the referral was made. You will not receive referral commission for a Current Customer Referral for any payments the customer made to Zero To Mastery before the referral. Zero To Mastery, in its sole discretion, will determine the classification of any referral as a “Current Customer Referral.”

A purchase of a ZTM gift certificate is not considered a Qualified Referral.

A student that joins the Zero To Mastery Academy via a free coupon code or trial is not considered a Qualified Referral.

5. Commissions

Commissions earned on referrals become payable 30 days after the referred customer becomes a Qualified Referral.

If at any time a Qualified Referral files a credit card dispute, any earned Affiliate commission on the disputed charge shall become frozen in the your account until the dispute is settled. You will not receive any interest on commissions that have been frozen. If the dispute is settled in Zero To Mastery’s favor, any associated earned Affiliate commission will become payable to you. If the dispute is settled in the Qualified Referral’s favor, any associated earned Affiliate commission shall not be paid to you. If commissions have already been paid out to you, the amount of earned commissions on the disputed charges shall be debited to your account.

Commission payments will be paid in US Dollars and may be made via Teachable (this will require you to have a Paypal account). You are responsible for paying all applicable fees associated with accepting payments, including but not limited to, currency conversion fees, transaction fees, withdrawal fees and deposit fees. Commissions are paid out on the first business day of each month.

In order to receive payments for earned commissions, you must provide Teachable any contact and tax information requested. You are responsible for any and all tax liabilities, including, without limitation, income tax liabilities, that arise from or in any way relate to any commissions paid out to you by Zero To Mastery.

Zero To Mastery reserves the right to request documentation in order to approve your account. These requests may be made during the Affiliate Program application process or at any time while you have an active account in the Affiliate Program. If requests for documentation are not responded to in a timely manner, Zero To Mastery reserves the right to terminate, deactivate, or not approve your account.

6. Marketing

You shall bear your own costs and expenses related to marketing and promoting Zero To Mastery and/or the Affiliate Program. Zero To Mastery is not obligated to reimburse or credit you for any marketing expenses.

You may not engage in any of the following marketing activities and represent and warrant that your marketing practices do not violate any of these restrictions:

  1. Affiliates shall not make any false, misleading, or disparaging statements with respect to the Affiliate Program, Zero To Mastery, its employees, its customers, its Services (as defined in Zero To Mastery’s Terms of Use), or its Affiliates.
  2. Affiliates shall not create websites, social media accounts or advertisements that copy, imitate, or resemble the look and feel of Zero To Mastery’s Services, website or social media accounts. Affiliates shall not copy Zero To Mastery’s website or any portions thereof, including, without limitation, any of Zero To Mastery's trademarks or other intellectual property, and display them on their own site or subdomain or use them in any way without Zero To Mastery's prior express written consent.
  3. Affiliates shall not offer cash back, coupons, rewards or other incentives as part of their marketing efforts for the Affiliate Program.
  4. Affiliates shall not use traffic that is generated by, including, but not limited to, pay to click, pay to read, banner exchanges, click exchanges, cost-per-view advertising, pop-up/under, spam, purchased traffic, or similar methods without prior written consent from Zero To Mastery.
  5. Affiliates shall not use cookie stuffing techniques that set the tracking cookie without the potential customer actually clicking on the Affiliate’s referral link.
  6. Affiliates are responsible for ensuring their tracking codes are working properly before sending traffic to Zero To Mastery's servers. Any modification to the links is the sole responsibility of the Affiliate. Referral fees may be withheld, as determined in Zero To Mastery’s sole discretion, for tracking errors caused by editing, masking, redirecting or tampering with affiliate links.
  7. Affiliates shall not bid on or use Zero To Mastery's trademarks or misspelled keywords for the purpose of pay-per-click on internet search engines without prior written consent from Zero To Mastery.
  8. Affiliates shall not use Zero To Mastery's trademarks or misspelled keywords in their domain names.
  9. Affiliates shall not use redirected pages and links to send a potential customer to Zero To Mastery’s website.
  10. Affiliates shall not engage in domain forwarding (i.e. purchasing a domain and setting it to forward directly to Zero To Mastery’s website using an affiliate link).
  11. Affiliates shall not engage in the advertisement of business-opportunity websites or use marketing practices that attract fraudulent or short-term customers.
  12. Affiliates shall not engage in any marketing activity that may harm the reputation or credibility of Zero To Mastery, including using low-quality marketing materials, or advertising on any website that promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or any illegal activities, or violates the intellectual property or other rights of a third party.
  13. Affiliates shall not send any email in violation of the federal CAN-SPAM statute, 15 U.S.C. 1571, et seq.
  14. Affiliates must include a physical mailing address and unsubscribe information for any marketing email sent promoting Zero To Mastery’s Services.
  15. Affiliates shall make clear that they, not Zero To Mastery, are the sender of all marketing communications related to the promotion of Zero To Mastery’s Services.
  16. Affiliates shall not engage in any marketing or promotional activities that violate applicable laws, rules, or regulations.
  17. Affiliates shall not market using facsimile, broadcast, telemarketing, text message marketing, or other offline marketing methods regarding Zero To Mastery or Zero To Mastery’s Services without the express written consent of Zero To Mastery.
  18. Affiliates shall not use malware or spyware to market or promote Zero To Mastery’s Services.
  19. Affiliates shall not post your affiliate links on Zero To Mastery Facebook, Twitter, LinkedIn, etc. company or group pages in an attempt to turn those links into affiliate sales.

7. Reversal & communication policy

We want to assure we maintain a very low reversal rate by having open communication with our affiliates. However, we reserve the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these Terms of Service.

Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our Terms, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy.

  1. You are not forthcoming, intentionally vague or are found to be lying.
  2. You are not responsive within a reasonable time period and after multiple attempts to contact with information listed on your affiliate profile.
  3. You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.

If any of the above apply, then we reserve the absolute right to reverse orders, set your commission to 0% or suspend you from the program for the period or orders in question. We know that many violations are a result of automated processes; however it is incumbent upon each affiliate to ensure that it has the appropriate checks and balances in place to pro-actively address these issues and adhere to our program rules.

8. Termination

Zero To Mastery may, in its sole discretion, terminate your participation in the Affiliate Program at any time, with or without cause, and without warning or notice. Without limiting the foregoing, Zero To Mastery reserves the right to terminate your account if it has been inactive for 12 consecutive months. Zero To Mastery reserves the right to terminate your participation in the Affiliate Program and not pay the accrued balance if you have been deemed to breach Zero To Mastery’s Terms of Use or these Terms of Service or engage in any conduct that Zero To Mastery deems to be illegal, improper, unfair, or otherwise adverse or detrimental to Zero To Mastery.

In Zero To Mastery’s sole discretion, affiliate accounts generating a large number of fraudulent accounts or that are associated with any false or misleading advertising or suspected fraudulent activity will be deactivated.

You may terminate your participation in the Affiliate Program at any time. You may discontinue your participation in the Affiliate Program by removing your affiliate links from your website and no longer promoting them. For accounting purposes, Zero To Mastery’s systems will retain Your account and personal information. By terminating your participation in the Affiliate Program, you waive your right to be paid any unpaid commissions and you assign (by way of future assignment) all of your rights and ownership of any commissions which we are holding to your account. You will not receive any commissions which are earned after the date of termination.

Upon termination, all rights granted to you shall immediately terminate.

9. Relationship between you and Zero To Mastery

Neither these Terms of Service nor your participation in the Affiliate Program creates any employment, independent contractor, agency, partnership, or joint venture relationship between you and Zero To Mastery.

10. Non-Disparagement

During the term of these Terms of Service and for one (1) year after it has expired or been terminated, You agree that You will not disparage Zero To Mastery, its officers, directors, or employees or otherwise take any action that could reasonably be expected to adversely affect Zero To Mastery’s reputation. Under these Terms of Service, “disparage” includes, but is not limited to, any negative statement, whether written or oral, about Zero To Mastery, its officers, directors, or employees. You agree and acknowledge that this provision is a material term of the Terms of Service, the absence of which would have resulted in Zero To Mastery refusing to enter into this agreement.

11. Assumption of risk

You are solely responsible for ensuring that your participation in the Affiliate Program complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to participation in the Affiliate Program.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, ZERO TO MASTERY, ITS PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND ANY THIRD PARTY INFORMATION PROVIDERS TO THE SITES, SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, ZERO TO MASTERY SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, ZERO TO MASTERY SHALL NOT BE LIABLE TO ANY PARTY FOR CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, ZERO TO MASTERY’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL NOT EXCEED THE AMOUNT OF COMMISSIONS YOU EARNED OVER THE SIX (6) MONTHS PRECEDING THE CLAIM(S), UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.

12. Indemnification

You agree to indemnify, defend, and hold harmless Zero To Mastery, its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Sites from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Service by you or arising from or related to your use or misuse of the Affiliate Program.

13. Third party rights

The sections titled Limitation of Liability and Indemnification are solely for the benefit of Zero To Mastery and its present and future officers, directors, employees, agents, licensors, suppliers, and any third-party providers to the Sites. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on their own behalf. Except as set forth herein, nothing express or implied in these Terms of Service is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity. You may not assign your rights under these Terms of Service without Zero To Mastery's prior written consent.

14. Unlawful activity; Termination of access

Zero To Mastery reserves the right to investigate complaints or reported violations of these Terms of Service and to take any action it deems appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities. Zero To Mastery may discontinue your participation in the Affiliate Program at any time for any reason or no reason.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone participating in the Affiliate Program. YOU WAIVE AND HOLD HARMLESS ZERO TO MASTERY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR AS A RESULT OF, ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

15. Remedies for violations

Zero To Mastery reserves the right to seek all remedies available at law and in equity for violations of these Terms of Service.

16. Governing law and jurisdiction; Disputes and arbitration

These Terms of Service are governed by and construed in accordance with the laws of the Province of Ontario without regard to its principles of conflicts of laws. Any action arising out of or relating to these Terms of Service shall be filed only in the province or federal courts located in the Province of Ontario, and you hereby consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action. Where a conflict exists between Zero To Mastery’s Terms of Use and these Terms of Service, the Terms of Service govern.

Any dispute, controversy, proceeding, or claim arising out of or in connection with or relating to these Terms of Service, any of Zero To Mastery’s policies, or the Affiliate Program, in each case, whether in contract, tort, common or statutory law, equity or otherwise (collectively, a “Dispute”) shall be resolved by binding confidential arbitration. The arbitration will be conducted in Ontario, unless you and Zero To Mastery agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing Zero To Mastery from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, dilution, or violation of our data security, intellectual property rights, or other proprietary rights.

YOU AND ZERO TO MASTERY EACH AGREE TO WAIVE ITS RIGHT TO TRIAL BY JURY AND THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ZERO TO MASTERY AND ALL PARTIES TO ANY SUCH PROCEEDING.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

17. Entire agreement; Severability of provisions; No waiver

These Terms of Service constitute the entire agreement with respect to participation in the Affiliate Program. If any provision of these Terms of Service is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.

18. Changes to the Terms of Service

Zero To Mastery may review and update these Terms of Service at any time in our sole discretion and it is your responsibility to keep abreast of those changes. All changes are effective immediately when posted. Your continued participation in the Affiliate Program following the posting of revised Terms of Service means that you accept and agree to the changes which are binding on you, so please check this webpage periodically for updates.

19. Contact Us

If you have questions or concerns regarding these Terms of Service or the Affiliate Program, you may contact us at: Zero To Mastery, Inc. 21 Waverley Crescent Richmond Hill, Ontario L4C 8Z5 Email: support@zerotomastery.io

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