Terms and Conditions

This agreement describes the entire terms and conditions for participation in Pro Guitar Affiliate 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 Pro Guitar.

As an approved Affiliate, you can add or remove links at any time, and you can add as many links as you wish, without needing to seek approval from Pro Guitar.

Products that Qualify for a Referral Fee: Pro Guitar Courses and software sold by Pro Guitar which originate from a special link or links at your sponsoring website.

Qualifying Products must meet the following criteria:
Products sold to customers who follow a special link from your sponsoring website to our site and submit that order to Pro Guitar

Referral Fee/Commission Amount: The purchase price of referral fee qualifying products will count toward the total sales during the calendar month in which such products are sold. Only qualifying products that are sold by Pro Guitar, shipped or sent to a customer and for which Pro Guitar has been paid in full for qualify for a referral fee.

The total of such sales in any given month will generate referral fees, based upon the applicable flat rate referral fee, which may vary according to the specific product being promoted, or be amended at any time by Pro Guitar.

Referral/Commission Fee: Pro Guitar will send a referral fee cheque for the applicable referral fee approx. one week after the 1st of each calendar month, where the affiliate has accrued a fee above the threshold.

Referral Fees:

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. If there is no next monthly payment, the Participant will be billed.

Order Processing: Pro Guitar will be solely responsible for processing every order placed by a customer following a special referral link from your sponsoring website. Order forms, payment processing, shipping, cancellations, returns, and related customer service are Pro Guitar's responsibility.

Pro Guitar reserves the right to reject any order that does not comply with our rules, operating procedures and policies.

Tracking of Sales: Pro Guitar will be solely responsible for tracking sales we make to customers who follow special links from the sponsoring website. The Participant will be solely responsible for ensuring that these special links are correctly formatted, a necessary pre-requisite to accurately tracking those sales. Statements of sales activity will be provided to the Participant in realtime with a special URL.

Promotional Techniques: You may promote the link to Pro Guitar in any or all the ways we recommend in the introduction email letter you receive by email immediately after you sign up. Acceptable ways to promote the course are: banners, text links, letters of recommendation to newsletters subscribers or your client base. However, you may not use SPAM in any way, or offer any product on any spam or crack oriented site. If you do so, your account will be immediately terminated. Any referral fees outstanding at the point of termination will not be paid to you and will be property of Pro Guitar.

If you choose to promote the Pro Guitar Sub Affiliate Program, it must only be promoted as a two-tier business opportunity. This program is not a multi-level marketing opportunity, and you must not promote it as such, or your account will be immediately terminated, and any outstanding referral fees not paid up to the point of termination will not be paid to you and will remain the property of Pro Guitar.

References/Testimonials: You agree to co-operate with Pro Guitar in relation to joint press releases and testimonials. You further agree that you will allow us to use your company name in marketing materials and make reference to you on our website.

Associates Signing-Up Under Themselves: We will not allow current associates to sign themselves up as sub-associates under their own assigned referral number in order to generate the additional commissions for their own sales. We have extensive tracking software in place to deter this, and any affiliate found doing so will forfeit any unpaid fees and will have their account terminated.

Copyright: As the Participant, you are solely responsible for ensuring that all material you post or present on your website, including reviews, descriptions and articles (if applicable at your site) do not breach any applicable copyright and other laws. You must have express permission to use another party's copyrighted material. Pro Guitar will not be responsible if you violate another party's copyrighted material.

Pro Guitar policy applies to all orders: Any customer who makes a purchase through this program is deemed to be a Pro Guitar customer. The Participant is not an agent and does not have any authority to make or accept any offer on behalf of Pro Guitar. All Pro Guitar policies will apply to these customers. Pro Guitar is not responsible for any representations made by the Participant which contradict Pro Guitar policy.

Product prices and availability: The price charged for every product sold under this program will be determined by Pro Guitar according to our own pricing policies.

Website uptime: Pro Guitar will make every effort to keep its website operational. Technical difficulties may result in temporary service interruptions from time to time. The Participant agrees not to hold Pro Guitar liable for any of the consequences of such possible interruptions.

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

The agreement may be modified: Pro Guitar reserves the right to change any of the terms and conditions in this agreement, at any time and in its sole discretion, by posting a new agreement on our website.

Cancellation of this agreement: Either Pro Guitar 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.

Disclaimer:

Pro Guitar makes no warranties, representations or conditions with regard to the program or, except as expressly set forth in Pro Guitar then current product sales policies, any products sold thereunder, 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: Pro Guitar 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. Any liability shall be limited to the total amount of referral fee paid to a Participant.

Miscellaneous: Participant and Pro Guitar 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 Pro Guitar. Subject to the foregoing restriction, this agreement is binding upon, insures to the benefit of and is enforceable by the parties and their respective successors and assigns.

Governing Law: This agreement shall be governed by the laws of the Victoria, Australia.

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