This Affiliate Agreement (“Agreement” or “Affiliate Agreement”) sets out the terms and conditions governing your application for, and (if accepted in writing by us) participation in, the DataCamp Affiliate Program (“Affiliate Program”). This Agreement is non-exclusive and does not prevent or restrict us from entering into the same or different agreement with any third parties.
This Agreement is entered into by DataCamp, Inc., a Delaware corporation (“DataCamp”, “we”, “our”, “us”) and you ("Affiliate", “you” and “your”). By applying to participate in the DataCamp Affiliate Program, you are confirming that you have read this Affiliate Agreement and that you agree to all of the terms and conditions set out in it. If you do not agree to the terms in our Affiliate Agreement, please do not submit an application to us.
If your application to use our Affiliate Program is accepted by us in writing, you will be entitled to receive a credit if:
an individual who is entitled to access and use our online education service ‘clicks’ directly on the unique affiliate link that we provide to you (“Affiliate Link”) and you have placed on your website; and
that same individual purchases an Individual Plan from us within 45 days of first ‘clicking’ on that same Affiliate Link; and
that same individual’s purchase completes successfully without any chargebacks or refunds.
Provided all of the above actions occur (and provided you comply with all of the terms of this Affiliate Agreement at all times), the amount of your credit will be equal to:
30% of the applicable Converted User’s first year of a yearly subscription for an Individual Plan; or
100% of the applicable Converted User’s first month of a monthly subscription for an Individual Plan.
In this Agreement we refer to the above credit as a “Commission”.
1.1. Commission amounts may be changed by DataCamp at any time in its sole discretion. This information is available to you in the Affiliate Dashboard. You are solely responsible for monitoring and determining if the Commission amount for an Affiliate Link you have placed on your website has changed or been discontinued
1.2. Accrued Commission will be paid to you by the 20th day of the month immediately following the date of the applicable Conversion. Commissions are calculated based on the statistics and balance collected, calculated and displayed on the Affiliate Dashboard. The only valid statistics used for determining Commissions will be those displayed in the Affiliate Dashboard.
1.3. You are responsible for any and all charges, fees, taxes, exchange rates, surcharges and other expenses arising out of the Affiliate relationship with us including those incurred in order to receive any Commission.
1.4. The only available payment options for Commissions are described in Tipalti (our third party payment system). We may decline any other payment options at our sole discretion.
1.5. You acknowledge that the Commission is payable on a receipts, not accrual basis, so if we do not receive any revenue from a Conversion, no Commission will be payable to you.
2.1. To participate in our Affiliate Program, you must:
complete and submit the online application to participate in our Affiliate Program through our Affiliate platform; and
be enrolled (or accepted in writing) by DataCamp into our Affiliate Program.
2.2. Acceptance into our Affiliate Program will be at our sole discretion. We reserve the right to re-evaluate your participation in our Affiliate Program at any time if we have reasonable grounds to suspect a breach of this Affiliate Agreement by you.
2.3.1. You represent, warrant and undertake that:
you have not, and will not, mislead us in any aspect of your Affiliate Program application; and
you will not; and your website, service and correspondence does not (and will not) contain or incorporate any content or materials that (and/or in DataCamp’s sole discretion are considered to):
promote adult content, including without limitation any nudity, sexual terms and/or images of people in positions or activities that are excessively suggestive or sexual, or provocative images in violation of legislation in your local jurisdiction;
(including without limitation) be violent, obscene, defamatory, libellous, slanderous abusive, harassing, threatening, harmful and/or otherwise unlawful;
promote hate speech, whether directed at an individual or a group, and whether based upon (including without limitation) the race, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of such individual or group;
infringe (or assist others to infringe) any copyright, trademark or other intellectual property rights or other rights of third parties (including without limitation of any intellectual property rights, rights of privacy or rights of confidentiality); contain any misrepresentations; and/or violate any applicable laws, regulations or codes of practice;
includes the name “DataCamp” or variations or misspellings thereof in its domain name and as keywords in PPC campaigns;
promote politically religious agendas and/or any known associations with hate, criminal and/or terrorist activities;
promote gambling, including without limitation, any online casino, sports books, bingo, or poker;
contain software downloads that potentially enable diversions of commission from other affiliates in our Affiliate Program;
make representations through code, designs, imagery, video, text or otherwise that makes your website resemble the DataCamp website in a manner which leads anyone to believe that you are the DataCamp Website, business or a legal representative of DataCamp in any way;
offer rebates, coupons, or other form of promised kickbacks to any third party from your Commission as an incentive;
generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set ‘affiliate cookies’ unless in strict compliance with applicable data protection laws. Affiliate Links must direct users to the DataCamp Website;
imply that you are acting on our behalf;
represent yourself, DataCamp or your relationship with us in a false or misleading way; and/or
engage distribute any unsolicited bulk email (spam) mentioning or referencing DataCamp.
2.3.2. You further represent, warrant and undertake that:
Converted Users will see coupon/deal/savings information and details before an ‘affiliate cookie’ is set (i.e. “click here to see coupons and open a window to the DataCamp website” is NOT allowed);
Your websites will not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the DataCamp Website or sets a cookie. You understand that if this occurs you will be removed from our Affiliate Program immediately and without us having any liability to you;
You will not bid on or use phrases, such as DataCamp Coupon(s), DataCamp Discount(s) or other phrases implying coupons are available.
You will not use misleading text on Affiliate Links, buttons or images to advertise anything besides currently authorized deals to you. The commercial purpose of your marketing efforts must be clearly identifiable. You shall not disguise your affiliate marketing efforts as consumer recommendations or as similar non-commercial messages.
You will not bid in their pay-per-click campaigns on keywords such as datacamp.com, datacamp, DataCamp, Datacamp, DataCamp coupons, DataCamp Discounts, data camp, www.datacamp, www.datacamp.com and/or any misspellings or similar alterations of these – be it separately or in a combination with any other keywords – this will be considered to be in material breach of the Affiliate Agreement. Using “doorway pages” in such instances or overall as part of DataCamp promotional activities is also strictly prohibited.
You will not transmit any so-called “interstitials,” “Parasiteware,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited the DataCamp Website (i.e., no page from our site or any DataCamp content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware” and “Parasitic Marketing” shall mean an application that:
through accidental or direct intent causes the overwriting of affiliate and non-affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email;
intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given Internet search and directory engines (services referred here as examples include, but are not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot);
targets text on websites, other than those sites 100% owned by the application owner, for the purpose of contextual marketing; and/or
removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on websites 100% owned by the owner of the application.
2.4. If we accept you into our Affiliate Program, you will be granted access to the Affiliate Dashboard. Here you will have an option to review the details of our Affiliate Program including our promotional materials, such as affiliate links to web pages within the DataCamp Website and banner creatives. In order for us to accurately keep track of all guest visits from your site to the DataCamp Website and to calculate any Commission payable to you, you must use the Affiliate Link for each banner, text link, HTML code or any other promotional material listed.
2.5. You are solely responsible for any and all maintenance and information updates on your website. For example, if our pricing policy changes, it will be up to you to update this information on your website.
2.6. You can only create, and use, one account. Although you can list multiple domains within that one account, only one account is allowed.
2.7. Self-referrals for affiliate purchases are strictly prohibited. This means that you: will not be considered a Converted User; cannot refer yourself using your Affiliate Link; will not receive any Commission for any purchases by you for your own use and such purchases will not be deemed a Conversion.
2.8. We reserve the right to remove Abandoned Affiliate Accounts from our systems if the balance in the Affiliate Dashboard is equal to \$0 after a 6 month period of inactivity.
2.9. We reserve the right, at any time, to review your Affiliate Link placements. We may approve or disapprove the use of your Affiliate Links and require you to change their placement in order to comply with the terms of this Affiliate Agreement. Failure to make the changes to your website that we feel are necessary within a reasonable time period will constitute a material breach of this Affiliate Agreement.
3.1. The term of this Agreement will start on the date of our written acceptance of your application to participate in our Affiliate Program and will continue indefinitely unless terminated in accordance with this Agreement (“Term”).
3.2. Termination. DataCamp may, in its sole and absolute discretion, cancel, change, suspend, or modify any aspect of the Affiliate Program at any time, without notice. The DataCamp may, in its sole and absolute discretion, terminate or suspend your participation in the Affiliate Program immediately and without prior notice (and without any liability to you) for your breach of this Agreement or for any of your actions that are inconsistent with the intent of this Affiliate Program. If the Affiliate Agreement is terminated due to your fraud or abuse of the Affiliate Program in any way, you will not be entitled to, and we will not be liable to pay to you, any Commission after the effective date of the termination of the Affiliate Agreement.
DataCamp reserves the right to modify this Agreement at any time, at its sole discretion, and without notice to you. If we modify this Agreement, we will post the modification on the Affiliate Dashboard or send you an email, with such modifications becoming effective upon posting. Continued participation in the Affiliate Program after any modification shall constitute consent to such modification. If any modification is unacceptable to you, please cease using our Affiliate Program immediately by closing your account with us.
During the Term, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable licence to: (i) access our website through the Affiliate Links solely in accordance with the terms of this Agreement; and (ii) solely in connection with such Affiliate Links, to use our logos, trade names, trademarks, and similar identifying material expressly permitted by us in writing (collectively, the “Licensed Materials”). You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of the Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of DataCamp and the goodwill associated with it will inure to the sole benefit of DataCamp. Other than the limited license granted in this section, DataCamp and its suppliers retain all right, title, and interest to its e-learning platform and the Licensed Materials.
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL DATACAMP’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSIONS PAID TO YOU UNDER THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHT OR REMEDY IN EQUITY, INCLUDING THE RIGHT TO SEEK SPECIFIC PERFORMANCE, INJUNCTIVE OR OTHER EQUITABLE RELIEF IN CONNECTION WITH THIS AGREEMENT. NOTHING IN THIS PARAGRAPH WILL OPERATE TO LIMIT LIABILITIES THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
You agree to indemnify, defend, and hold DataCamp, its affiliates and its and their respective directors, officers, employees, and agents harmless from and against any and all third-party claims, demands, liabilities, costs, or expenses, including attorney’s fees and costs, arising from, or related to any breach by you of any of these Affiliate Program terms or any violation by you of applicable law.
All confidential information relating to a party or any of its affiliates (including, but not limited to, any business, technical, financial, customer or proprietary information) which is disclosed by that party (“Disclosing Party”) (or its representatives) to the other party (“Receiving Party”) (or its representatives) during the Term of this Affiliate Agreement and which is marked “Confidential” (or in the circumstances could be reasonably considered to be confidential) (“Confidential Information”) will remain the sole property of the Disclosing Party. Each party will keep in confidence and not use or disclose any Confidential Information to a third party without the express written permission of the Disclosing Party (except as necessary to fulfil the purposes of this Agreement). DataCamp’s Confidential Information will include the timing or content of any marketing promotions. Your obligations pursuant to this section shall survive the termination of this Agreement.
If any provision in this Affiliate Program are held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions. Except where prohibited, disputes, claims and causes of action arising out of or related to this Affiliate Program will be resolved under the laws of the United States, and except where prohibited, New York law (without reference to its conflicts of laws principles), and you agree to submit any dispute to the exclusive jurisdiction of the state and federal courts located in New York City, New York.