French Today Affiliate Terms of Use Agreement

To be an authorized affiliate of French Today, you agree to abide by the terms and conditions contained in this agreement.

Please read this agreement carefully before registering and using the French Today service as an affiliate. By signing up for the French Today affiliate program, you indicate your acceptance of this agreement and its terms and conditions.

Introduction to the French Today Affiliate Agreement

This agreement describes the entire terms and conditions for participation in the French Today Affiliates Program. In this agreement, the term “Participant” refers to you (the applicant), and “sponsoring website” refers to the website from which you will link to French Today. Wherever the agreement refers to “you” or “your,” it means “the Participant;” “we” or “our” refers to French Today or and the term “product” refers to French Today downloadable audio products.

Application Process

To begin the enrollment process, you will submit a complete affiliate application form which is reviewed within 48 hours of receipt. Unless there is an obvious problem, our procedure is typically to accept all applicants in good faith. We reserve the right to reject applicants later if we determine, in our sole discretion, that your website is unsuitable for our affiliate program.

Unsuitable applicants include, for example, sites that:
• promote sexually explicit materials
• promote violence
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
• promote illegal activities or violate intellectual property rights
• or from websites who we deem not to be a good fit for our brand

Referral Fee Qualifying Products

All products sold by French Today originating from a special link or links at your sponsoring website qualifies to earn you referral fees. The following products will be considered “qualifying products:”

  • Products sold to customers who follow a special link from your sponsoring website to our site and submit that order on French Today on-line store.

The following products will not be considered as “qualifying products” for referral fees:

  • Products sold to customers acquired through any other special link to our site other than the specific URLs that your sponsoring website has been assigned.

Referral Fee Amount

French Today will pay a minimum of 20% flat referral commission on the total revenues received from the sale of qualifying products originating from your links.

Referral Fee Payment

French Today will send via Paypal the applicable previous month referral fee on the 5th day of the next month, if the total earned by the end of the previous month is at or above the $50 payout minimum.

Returns and Cancellations

If a referral fee qualifying product is later returned by the customer, its referral fee will be deducted from the next monthly payment sent to the Participant.

Adding and Removing Links

You may add as many links as you wish to French Today, or remove such links, at any time and without prior approval from French Today.

Order Processing

French Today will be solely responsible for processing every order placed by a customer following a special link from your sponsoring website. Order entry will use the French Today secure online ordering process. Order forms, payment processing, shipping, cancellations, returns, and related customer service are the responsibility of French Today.

All of the rules, operating procedures and policies of French Today regarding customer orders and accounts will apply to orders we receive through special links on your sponsoring website. French Today reserves the right to reject any order that does not comply with our rules, operating procedures, and policies.

Tracking of Sales

French Today provides affiliates with a unique ID and uses a cookie set for 30 days, meaning that the affiliate will be credited for any sale that occurs on a return visit by a referred user if the sale occurs within 30 days of the first referred visit. French Today will be solely responsible for tracking sales we make to customers who follow special unique ID links from the affiliates website. The Participant will be solely responsible for ensuring that these special unique ID links are formatted properly, a necessary prerequisite to tracking such sales. Statements of product sales activity will be provided to the Participant via a special URL that you will be assigned.

Promotional Techniques

You are free to promote the link to French Today in all the ways that you seem fit. Examples of acceptable ways to promote the products are: through banners, text links, and letters of recommendation to newsletter subscribers or to your client base. Links to French Today can not be made in a deceitful way nor can they misrepresent the value or offerings of French Today products. If we discover that your links to French Today products are intentionally made to deceive the visitor, we will immediately cancel your account and any referral fees not paid up to the point of termination will not be paid to you and will be property of French Today.

However, if you use SPAM (in any way, shape or form, including email and newsgroup spamming), or offer the products on any WAREZ, CRACK, or SPAM oriented website, your account will be immediately terminated. Any referral fees not paid up to the point of termination will not be paid to you and will be property of French Today.

References

You agree that you will allow us to use your company name in marketing collaterals and make reference to you on our website.

Responsibilities

We have NO responsibilities with regard to your website. We will have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the Affiliate program. In addition, our aggregate liability arising under or with respect to this agreement or the Affiliate program shall in no event exceed total referral fees paid or payable to you under this agreement.

Copyrighted Material

As the Participant, you are solely responsible for ensuring that your reviews, product descriptions and articles (if applicable at your site) obey all applicable copyright and other laws. You must have express permission to use another party’s copyrighted material. French Today will not be responsible if you use another party’s copyrighted material in violation of the law.

The French Today Policy Applies to All Orders

Every customer who buys a product through this program is deemed to be a customer of French Today. The Participant does not have the authority to make or accept any offer on behalf French Today. All French Today policies regarding customer orders, including product availability, pricing and problem resolution, will apply to these customers. French Today is not responsible for any representations made by the Participant which contradict our policies.

Product prices and Availability

The price charged for every product sold under this program will be determined by French Today according to our own pricing policies. In case of any price discrepancies, the price charged to the customer will always be the price listed on the French Today webpage linked from your sponsoring website. Product availability can change, and French Today will present the best information available to all sponsoring sites and its clients regarding product availability.

Website Service Interruption

French Today will make every effort to keep its website operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The Participant agrees not to hold French Today liable for any of the consequences of such interruptions.

Trademarks, Trade Names, & Patents

You hereby recognize our right of ownership of all Trademarks, Trade Names, and Patents associated with these services. You will act consistently with these rights and act to preserve them in the course of marketing and sales of these services. We grant you the right to use our Trademarks and Trade Names in connection with marketing and sales of these services.

If you have a web site used to promote any French Today product then you cannot have trademarked terms in the url (either our trademarked terms or competitors). For example www.reviewofrocketfrench.com or www.frenchtodayproducts.com. If you are using Pay-Per-Click (PPC) you cannot bid on keywords that are trademarked terms. This includes competitors’ products e.g “Rosetta Stone”.

Term of the Agreement

The Participant may receive referral fee payments on qualifying orders that are placed during the term of this agreement. This term will begin on the date that your application is approved by French Today and shall end when canceled by either party as provided below.

Referral Fees earned through the date of expiration or cancellation of this agreement will remain payable only if the products are not returned or the orders canceled. Remittance of the final referral fee payment to the Participant may be withheld for a reasonable time in order to ensure that the correct amount is paid.

The Agreement May be Modified

French Today reserves the right to change any of the terms and conditions of this agreement, at any time and in its sole discretion, by posting a new agreement on our website.

Cancellation of This Agreement

Either French Today or the Participant, acting in their sole discretion, may choose to cancel this agreement at any time by written notice of cancellation to the other.

Warranty Disclaimer:

French Today makes no warranties, representations or conditions with regard to the program or, except as expressly set forth in French Today’s then-current product sales policies, any products sold hereunder, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing, or usage of trade.

Limitation of Damages

French Today shall have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the program, even if French Today has been advised of the possibility of such damages. Further, French Today’s aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total referral fees paid or payable by French Today to Participant under this agreement.

Miscellaneous:

Participant and French Today are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Participant shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of French Today. Subject to the foregoing restriction, this agreement is binding upon, inures to the benefit of,and is enforceable by the parties and their respective successors and assigns.

By signing up for our affiliate program, you are in effect, agreeing to the above Affiliate Agreement.