Home Join Now Free Outlines 250+Outlines Study Aids Past Exams Law School Info Legal Xtras Law Firm Info Message Board FAQ
Terms

 

New Student Associate / Affiliate Program
 

This Agreement contains the complete terms and conditions that apply to your participation as a Student Representative or as an Affiliate in the Affiliate Program of ihatelawschool.com, and the establishment of links from your Affiliate website to our website, "ihatelawschool.com. " 


 1. Enrollment in the Affiliate Program 
To begin the enrollment process, you will submit a complete Affiliate Program application via our site. We will evaluate your application in good faith and will notify you of your acceptance or rejection in a timely manner. ihatelawschool.com Affiliates must reside in the United States or Puerto Rico. All commission payment checks to Affiliates are in U.S. dollars. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Affiliate Program for any reason, including, but not limited to, inclusion of content that is in any way unlawful, harmful, threatening, defamatory, obscene, pornographic, harassing or racially, ethnically or otherwise objectionable. If we reject your application, you are welcome to reapply to the Affiliate Program at any time. 

2. Promotion of Our Affiliate Relationship 
As an Affiliate Site, we will make available to you URLs, logos and other content for use with Join ihatelawschool.com  (each of these links sometimes being referred to herein as "Links" or, individually, as a "Link"), which, subject to the terms and conditions hereof, you may display as often and in as many areas on your site as you desire. The Links will serve to identify your site as a member of our Affiliate Program and will establish a link from your site to ours. You must display at least one of the Links in a reasonably prominent manner at all times during the term of this Affiliate relationship. 

4. Our Responsibilities 
We will be responsible for providing all information necessary to allow you to make appropriate Links from your site to our site. We will be solely responsible for processing, in a timely manner, every order placed by a customer following a Link from your site, for tracking amount of enrollments generated by your site and for providing information to Affiliate Sites regarding enrollment statistics. New members who join ihatelawschool.com. through your site must live in the United States or Puerto Rico. We reserve the right to reject orders that do not comply with the standards we establish from time to time on our website. The information we provide regarding enrollment statistics may change in form, content, and frequency at our discretion during the term of the Affiliate relationship. We will be responsible for all music club operations, including enrollment processing, product offerings via catalog and Internet, order entry, billing, payment processing, shipping, cancellations, returns and related customer service. 

5. Other Responsibilities and Opportunities of Affilate Sites 
a. If you qualify and agree to participate as a Affiliate Site, you shall display Join ihatelawschool.com Links prominently throughout your site as you see fit and with our consent. 

b. We have the right in our sole discretion to monitor your site at any time and from time to time to determine if you are in compliance with the terms of this Agreement.

c.  If you serve as a Student Representative, you shall be given access to various materials from which you can promote this site. 

6. Commission Determination
We will pay a commission for each new member who enrolls in ihatelawschool.com by means of a entering your unique referral code into the membership form.  At this point, ihatelawschool.com does not intend to develop software which will automatically track if a sale comes from you or your website.  The referral code must be entered when membership is purchased for a commission to be paid.  No commission will be payable for applicants whom we decline to enroll for any reason at our sole discretion. For each new approved member that enrolls in the membership program from your site you will receive five dollars. You will receive an additional $1 for each additional year that a new member purchases.  This means that you will recive $5 for a one-year membership. $6 for a two-year membership, and $7 for a three-year membership.  Since law school is a three-year program, membership terms have been capped at 3 years.  

7. Commission Payment 
a. Subject to clause (b) below, based on valid enrollments received by us in connection with new members who become members from you or your site, we will send a commission fee check for the applicable commission fee (less any taxes required to be withheld under applicable law) and a statement of activity to you approximately thirty (30) days after the end of each calendar quarter during which this Affiliate Operating Agreement is in effect.

b. If during the first calendar quarter of the term of this Agreement, or during any quarter following the payment of commissions to you, your commissions earned do not exceed fifteen dollars ($15.00), then you shall not be entitled to receive any commissions during the applicable quarter. Instead, any applicable commissions will be carried over to subsequent calendar quarters until fifteen dollars ($15.00) have been accrued. 
 

8. Reports of Sales 
Once you have become a registered Student Representative or Affiliate, you will be given a unique referral code and will be sent quarterly reports regarding your statistics. 

9. Your Responsibilities 
You are solely responsible for ensuring that all content that you promote, either via e-mail, through fliers or the like or on your website, including any descriptions and articles, comply with all applicable copyright and other laws. You must have express permission to use another party's copyrighted or other proprietary material. We will not be responsible to you or any third party if you use another party's copyrighted or other proprietary material in violation of the law, or for any other failure by you to comply with applicable law. 

10. Policies and Pricing 
Customers who become members through the Student Associate and Affiliate Program will be deemed to be customers of ihatelawschool. Accordingly, all of our rules, policies and operating procedures concerning customer orders, customer service and sales will apply to those customers. We may change our policies and operating procedures at any time by posting the revised policy on our website. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any piece of music. 

11. Publicity 
You shall not create, publish, distribute or permit any written material that makes reference to us without first submitting such material to us and receiving our written consent, which we agree shall not be unreasonably withheld. 

12. Licenses and Use of the ihatelawschool.com Logos and Trademarks 
a. WE GRANT YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE RIGHT TO (i) ACCESS OUR SITE THROUGH THE LINKS SOLELY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND (ii) SOLELY IN CONNECTION WITH SUCH LINKS, USE OUR LOGOS, TRADE NAMES, TRADEMARKS AND SIMILAR IDENTIFYING MATERIAL RELATING TO US (COLLECTIVELY, THE "LICENSED MATERIALS") FOR THE SOLE PURPOSE OF ENROLLING NEW MEMBERS ON YOUR SITE FOR IHATELAWSCHOOL.COM. YOU MAY NOT ALTER, MODIFY OR CHANGE THE LICENSED MATERIALS IN ANY WAY. YOU ARE ONLY ENTITLED TO USE THE LICENSED MATERIALS TO THE EXTENT THAT YOU ARE A MEMBER IN GOOD STANDING OF THE AFFILIATE PROGRAM. 

b. You shall not make any use of any Licensed Materials for purposes other than generating new member enrollments on your site for ihatelawschool.com, without first submitting a sample of such to us and obtaining the prior written consent of your ihatelawschool.com account executive, which shall not be unreasonably witheld. You agree not to use the Licensed Materials in any manner that is disparaging or that otherwise portrays us in a negative light. We reserve all of our rights in the Licensed Materials and of our other proprietary rights. We may revoke your license at any time, by giving you written notice. 

c. You grant to us a non-exclusive license to utilize your names, titles and logos (the "Affiliate Trademarks"), to advertise, market, promote and publicize in any manner our rights hereunder; provided, however, that we shall not be required to so advertise, market, promote or publicize. This license shall terminate upon the effective date of the expiration or termination of this Agreement and any and all usage and display of Licensed Materials by you shall immediately cease. 

13. Obligations Regarding Your Individual Promotion or Site 
a. You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. Such responsibilities include, but are not limited to, the technical operation of your site and all related equipment; creating and posting music reviews, descriptions and references on your site and linking those descriptions to our catalog; the accuracy and propriety of materials posted on your site (including, but not limited to, all music-related materials); ensuring that materials posted on your site do not violate or infringe upon the rights of any third party and are not libelous or otherwise illegal. 

b. We disclaim all liability for any loss, damage or cause of action arising from the content or operation (or failure to operate) of your website. Further, you will indemnify, defend and hold us and our affiliates, parent companies and their respective officers, directors, employees, agents and contractors harmless from all claims, damages and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance and contents of your site. 

14. Term of the Agreement 
The term of this Agreement will begin upon our acceptance of your Student Associate or Affiliate Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn commission fees on new member enrollments occurring during the term, and fees earned through the date of termination will remain payable only if the related new enrollments are not cancelled. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. 

15. Modification 
We may modify any of the terms and conditions contained in this Agreement, at any time in our sole discretion. You will be notified by email, and a change notice will be posted on our site. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures and Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the Affiliate Program following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change. 

16. Relationship of Parties 
You and ihatelawschool.com are independent contractors, and nothing in this Agreement will create any Affiliateship, joint venture, agency, franchise, sales representative or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section. 

17. Disclaimers 
We make no express or implied warranties or representations with respect to the Affiliate Program or any music sold through the Affiliate Program (including, without limitation, warranties of fitness, merchantability, noninfringement or any implied warranties arising out of course of performance, dealing, or trade usage). In addition, we make no representation with regard to the accuracy, ownership, completeness or currency of any content, data or functionality of our website, or that the operation thereof will be uninterrupted or error free. Neither we nor our suppliers will be liable for any damages arising in connection with your or your customers' use of our website, the Affiliate Program and any services, data (including sales data), content and software provided in connection therewith. You agree that our website, the Affiliate Program and all content and materials contained therein are provided on an "as is" basis. 

18. Representations and Warranties 
You hereby represent and warrant to us as follows: 
a. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms. 

b. The execution, delivery and performance by you of this Agreement and the consummation by you of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate (i) any provision of law, rule or regulation to which you are subject, (ii) any order, judgment or decree applicable to you or binding upon your assets or properties, (iii) any provision of your by-laws or certificate of incorporation, or (iv) any agreement or other instrument applicable to you or binding upon your assets or properties. 

c. You are the sole and exclusive owner of any Affiliate Trademarks and have the right and power to grant to us the license to use your trademarks in the manner contemplated herein, and such grant does not and will not (i) breach, conflict with or constitute a default under any agreement or other instrument applicable to you or binding upon your assets or properties, or (ii) infringe upon any trademark, trade name, service mark, copyright or other proprietary right of any other person or entity

d. No consent, approval or authorization of, or exemption by, or filing with any governmental authority or any third party is required to be obtained or made by you in connection with the execution, delivery and performance of this Agreement or the taking by you of any other action contemplated hereby. 

e. There is no pending or, to the best of your knowledge, threatened claim, action, or proceeding against you, or any affiliate of yours, with respect to the execution, delivery or consummation of this Agreement, or with respect to your trademarks, and, to the best of your knowledge, there is no basis for any such claim action or proceeding. 

19. Confidentiality 
Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties hereto agrees that all information including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or you, respectively, or any of our affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its affiliates. Notwithstanding the foregoing, each party is hereby authorized to deliver a copy of any such information (a) to any person pursuant to a subpoena issued by any court or administrative agency, (b) to its accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation, or legal process including, without limitation, the Securities Act of 1933, as amended, and the rules and regulations promulgated thereunder, and the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder. 

20. Limitation of Liability 
We will not be liable for indirect, special or consequential damages, or any loss of revenue, profits or data, arising in connection with this Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages. In no event will our aggregate liability for any cause of action arising under this Agreement or with regard to any of the ihatelawschool.com exceed the total commission fees paid to you under this Agreement in the last six (6) months immediately preceding the date on which such cause of action accrued. 

21. Indemnification 
You hereby agree to indemnify and hold harmless ihatelawschool.com and any future subsidiaries, owners, affiliates and their directors, officers, employees, agents, shareholders, Affiliates, members and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein or (iii) any claim related to your site, including, without limitation, content therein not attributable to us. 

22. Independent Investigation 
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEBSITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT. 

23. Governing Law 
This Agreement will be governed by the laws of the United States and the State of Texas, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Austin, Texas, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement. 

By signing up, you  have read, fully understand, and agree to the foregoing terms and conditions.

   
   

 

Message Board
Illinois-Urbana Law Students Job Posting Forum
National Law Student Forum Book Swap
Aspiring Law Students  
About Us | Contact Us | Affiliates | Sell Outlines | Advertise with Us
©2006.ihatelawschool.com.all rights reserved.