Uncommon Knowledge Affiliate Program Agreement

Summary:

The Uncommon Knowledge Affiliate Program Agreement serves to protect both parties by preventing confusion, misunderstanding, and to ensure we both work fairly. This agreement contains the complete terms and conditions by which you agree to be bound as a participant in the Uncommon Knowledge Affiliate Program while participating in the program.

Please take a moment read this through. We're really looking forward to having you on board and want you to know the facts from day one. These terms and conditions will apply once your application to participate in the program has been accepted by us.

Terminology used in this agreement:

'The Uncommon Knowledge Affiliate Program Agreement' is referred to as 'the agreement'.
'The Uncommon Knowledge Affiliate Program' is referred to as 'the program'.
'The affiliate' is referred to as 'affiliate', 'you' and 'your'.
'Uncommon Knowledge Ltd' is referred to as 'us', 'we' and 'our'.
'The Uncommon Knowledge websites' refers to www.unk.com/blog/ and www.hypnosisdownloads.com. The Uncommon Knowledge websites are wholly owned by Uncommon Knowledge Ltd.
Uncommon Knowledge Ltd is the sole and exclusive owner of all right, title and interest including all intellectual property rights in and to the contents, logos, style, design, look and feel, trade names, trademarks all hereinafter referred to individually and collectively, according to context, as the 'Product'. If in future we sell and distribute any other goods or services, such goods and services will be included in the defined term 'Product' and this agreement shall then apply to such goods or services.

Requirements To Join

The program is open to anyone who has a valid email address, telephone number, postal address and a working website.

Exceptions to the above are websites which promote or contain sexually explicit material, violence, illegal activities such as software piracy, or discrimination based on race, sex, religion, national origin, physical disability, sexual orientation, age, or practice UCE (Unsolicited Commercial Email), also known as SPAM, in any way, or any other predatory practice intended to mislead or misdirect, or any fraudulent practice.

An affiliate may not make any claims about the efficacy of the products, or claim to be directly representing us in any way.

We reserve the right to terminate the agreement with affiliates if we feel your site(s) or practices are unsuitable.

Upon inclusion to the program, we grant you the non-exclusive and revocable rights to market and advertise the products and to establish links to Uncommon Knowledge websites, the whole in accordance with this agreement. This does not impede the freedom of your website content and/or operations in any way.

You shall diligently and continuously market and advertise the product through the internet and shall develop, operate and maintain links from your sites to the Uncommon Knowledge websites at your sole cost and expense.

Commission Structure & Payment

All services sold by us to customers originating from the affiliate's website, or referral link, qualify to earn affiliate referral fees as described below. All sales must be bona fide.

You are paid 35% for each sale on download sales generating from Hypnosis Downloads.com and 25% on 'physical products' from Hypnosis Downloads.com such as CDs and DVDs and any other products that require shipping to the customer.

You are paid 35% for all sales generating from unk.com/blog.

You will earn 5% commission on sales generated by any second tier sub-affiliates you bring to the program.

A minimum of 40% of revenue generated by you in any given commission period must be from new customers to Uncommon Knowledge Ltd. That is, they must not have appeared previously in our company database. If this level is not met, commissions may be withheld, to be determined on a case by case basis.

Any tax liability on the amount of commission received will be your responsibility. Every customer who purchases services from us is deemed to be a customer of us.

You do not have the authority to make or accept any offer on behalf of us. The price of all products and services will be determined by us. Commission will be deducted for any purchases refunded. Although our refund rates are very low, we have to do so to prevent fraud against the program.

Commissions on credit card chargebacks are processed manually. Higher than average returns (currently less than 1%) from your customers will trigger investigation and possible termination if no plausible explanation is found.

We pay commissions when they reach $25 US Dollars monthly via Paypal in US Dollars or by bank transfer to UK bank accounts (exceptions may be made for transfers to overseas accounts on a case-by-case basis). We normally pay on or about the first working day of the month and we will give 7 days notice if there are any changes to the payment date.

You will have access to your statistics so you can analyse performance, (including conversion rate by product and ad code).

We reserve the right to delay sending payment for one month, in exceptional cases, up to two months, to prevent suspected cases of fraud.

Your Site(s) and Promotion Methods

Cookies will remain active for 365 days and are refreshed at every user revisit to the site. Should a user create an account, your affiliate number is stored in their account. Last cookie wins applies.

We shall have the right, but not the obligation, to pre-approve the graphics, logos and written material on any website which is linked to our sites. Furthermore, you shall annotate its site with appropriate copyright, trademark and other similar notices, which shall be approved by us and we will always endeavour to reply within 48 hours. Any written material (newsletters and so on) with reference to the Uncommon Knowledge websites must be submitted to us for approval.

If you specify a price point for the product in your marketing and advertising, you shall ensure that it is updated regularly to reflect all price changes.

Title, ownership, and content shall remain the property of us and is protected by International Copyright Law. You are responsible for ensuring that your advertising obeys all applicable copyright and trademark laws. We are not responsible for any of your misuse of any copyrighted material. We reserve the right to monitor your website at any time to determine if it is in compliance with the terms and conditions of this agreement.

We will also contact you periodically with news, tips on marketing the product, product updates, affiliate earnings and so on.

WEBSITE AND PROMOTION RESTRICTIONS

You agree not to use any predatory advertising practices designed to generate traffic from sites that you have not contracted with in the online promotion of our product or program.

Predatory advertising includes but is not limited to, keyword parsing browser plugins, banner replacement technology and browser spawning technology that is not website dependent. You may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest by clicking on a clearly marked link, button or image.

Affiliates may not frame or display in an iframe any Uncommon Knowledge website or product unless they are being displayed using an approved third party tool and expressly authorized in writing by us. Framing in an invisible frame is expressly prohibited.

No software downloads or technology that may be used to intercept, redirect or divert traffic and/or referral fees from Uncommon Knowledge websites or any of its affiliate partners are permitted. This restriction includes browser helper objects (BHOs), spyware, adware, parasiteware(tm) and similar products. Traffic Exchanges, autosurfing or pay-to-surf promotions, pop-ups, pop-unders, and other seen or unseen setting of cookies are NOT allowed. Sites that are link farms or banner farms are not permitted, in other words, the website is essentially a list of text links or banners with no additional valuable content.

KEYWORD ADVERTISING RESTRICTIONS

All pay per click (PPC) advertising must link to the your site(s), not directly to the Uncommon Knowledge websites. If you use any practice that breaches the terms of a PPC advertiser, then we reserve the right to terminate the agreement.

Trademark bidding is not allowed. Trademark terms include;
hypnosis downloads (or any term containing this)
uncommon knowledge (or any term containing this)
uncommon practitioners (or any term containing this)
unk (or any term containing this)
roger elliott (or any term containing this)
mark tyrrell (or any term containing this)
growth zone
how to lift depression fast
how to stop anyone smoking
conversational reframing
uncommon hypnosis
uncommon hypnotherapy
precision hypnosis
uncommon psychotherapy

and mis-spellings of these terms.

COUPON AND DEALS SITES ADDITIONAL TERMS

Affiliates may not bid on Uncommon Knowledge websites coupons or other phrases implying coupons are available if there is not a coupon posted or no coupons or savings are available. Affiliates must use only coupons assigned through the affiliate channel and not accept user submitted coupons.

Affiliates may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorized deals or other savings are available. Affiliates must remove out of date coupons and promotions and not leave them up on their site as "invalid".

PROMOTIONAL MATERIAL FROM US

Upon your acceptance to the program, you will be given access to promotional material. You may display these anywhere on your site.You can link to any appropriate pages on the Uncommon Knowledge websites.

SOCIAL MEDIA USAGE

You are allowed to use social media to promote the products or program as long as they are not using trademarked terms. You are also restricted from using the name 'Uncommon Knowledge', 'Hypnosis Downloads', 'Unk' or similar in your social media user ID or name or claim to be Uncommon Knowledge Ltd or any of its brands.

You must respect the terms of services on the social networking site that you are using. If we become aware of you getting suspension notices and/or terminations we reserve the right to remove you from the program.

Mentions on streaming services such as (but not limited to) Twitter can only be used a maximum of 3 times per day. Streams that only consist of messages with direct links that don't engage in conversation are subject to removal from the program.

Spam reports from any Social Media site are grounds for removal from the program.
If you are not sure your social networking methods are allowed please ask here.

SUB AFFILIATE NETWORKS - THIRD PARTY TOOLS

If your site looks like a sub-affiliate network and are a "third party tool" please contact us in advance of applying so we can review your site and discuss your business plan.

Termination of the agreement

We reserve the right to terminate your agreement at any time. However, we'll do so only after careful consideration of the facts. We would only terminate an agreement where the terms and conditions as described in this agreement have been explicitly broken.

Reasons for termination include:

Linking to Uncommon Knowledge websites from websites which promote or contain sexually explicit material, violence, illegal activities such as software piracy, or discrimination based on race, sex, religion, national origin, physical disability, sexual orientation, age. No links are to be left in inappropriate places such as chat-rooms, newsgroups or guestbooks.
Use of/practicing UCE (Unsolicited Commercial Email), also known as SPAM, in any way. Definition of SPAM: "Sending any e-mail on any subject to anyone or any organization that has not requested this information specifically by requesting it directly or by giving their permission for you to send them information". This is one definition. If you are not sure, don't do it. We encourage responsible opt-in permission marketing. Affiliates will be given advice on effective and responsible use.
Generating bogus traffic, referrals and sales by electronic means or otherwise, for the purpose of inflating commissions. Such activity will be tracked and monitored.
Not responding to warnings and requests to cease and desist any activities we deem negligent, inappropriate, or harmful to us or other affiliates.
Use of the program to get money off the full download price. That is, purchasing downloads through your own affiliate link to gain the commission on these downloads. Any commission earned in this way will be removed. If you would like a particular download for review purposes, please contact us stating where the review will be placed.

Termination for any reason will done by email and a full explanation provided. Either party can terminate the agreement. Any affiliate terminated may not receive any commissions due, including commissions earned by sub-affiliates and we may attempt to recover any commission already paid when the affiliate's practices were in breach of our terms. Sub-affiliates' own commissions will remain unaffected. Upon termination, you are required to remove all links and material referring to Uncommon Knowledge websites and products within 7 days.

Disputes

Most differences can be resolved easily enough if the lines of communication are open, and we hope if they do arise, to resolve them swiftly and amicably. If you have any concern or complaint, please contact us immediately.

Relationship and General Liability

This agreement gives you no rights to any content on the Uncommon Knowledge websites.

We claim no right to ownership of any of your website content.

We shall have no liability for any damages (indirect, incidental or consequential) or any loss of revenue arising under or with respect to this agreement or the program. Any damages that result from your negligence will result in action being taken for compensation.

We will make every effort to ensure that our website and tracking system is operational at all times. In the event of unavoidable technical difficulties, which may cause service and tracking interruptions, you agree that we are not liable in any way for such interruptions.

Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.

If any of the provisions of this agreement are determined by a court to be unenforceable, they shall be severed from this agreement and the remaining provisions shall remain in full force and effect.

You shall not assign, transfer or convey this agreement or any party thereof to any other party with our consent which shall not be unreasonably refused.

You represent and warrant to us that this agreement has been duly and validly executed and constitutes, and shall continue to constitute, a legal obligation, enforceable with its terms.

Jurisdiction

This agreement shall be governed by English law and the parties submit to the non-exclusive jurisdiction of the English courts. Correspondence between you and us must be in English.

Relationship

As an affiliate you are an independent contractor, and nothing in this agreement shall create any form of partnership, joint venture, franchise, agency, or employment relationship between the parties.

You will not be treated as an employee with respect to the regulations of any country whatsoever.

You shall not assign this agreement, by operation of law or otherwise, without the prior express written consent of us. Subject to the foregoing, this agreement is binding upon, enures to the benefit of, and is enforceable by the parties and their respective successors and assignees.

This agreement will stay in effect as along as we make the program available, unless this agreement is terminated beforehand due to breach of its terms. We reserve the right to make changes to this agreement as and when necessary. Affiliates will be notified 7 days in advance via email and it will be posted on the Uncommon Knowledge websites, and you may either agree to the changes or withdraw from the program.

This agreement represents the entire agreement between the parties and supersedes any prior negotiations, agreements and understandings, if any. All notices, requests and other communications about the program shall be deemed to have been received when posted by us on the Uncommon Knowledge websites. It shall also be deemed to have been received on the next business day if transmitted by email or any other form of electronic mail to your last known email address.

SECOND TIER OR SUB-AFFILIATES

If you bring a new affiliate to the program, they will be assigned as your sub affiliate for the duration of their participation in the program. This affiliate agreement will be between us and the new affiliate and be in accordance with the terms and conditions of this agreement.

Inactive Affiliate Accounts

An inactive affiliate account is defined as any account that has not been logged into for a period of 6 months, nor have any transactions been posted to that account. If one or the other of those conditions are true the account will remain in an active state.

Inactive affiliate accounts will be removed from our system if their balance is equal to or less than $25. We will track the bounces of communications and automatically terminate any affiliate whose email address is not valid. We reserve the right but not the obligation to terminate this agreement if you cease to actively market the product for a period of 6 months. At no time will an affiliate ever owe monies to us based on fees - the account will simply be closed.

Privacy Policy

We respect your privacy. Your contact information, affiliate statistics, reports and commission amounts are only available to our affiliate team.

Thank you for taking the time to read this important legal document. We look forward to working with you.