Terms and Conditions for Proko Affiliates

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

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

FOREWORD

Our affiliates are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. We have written the following affiliate agreement with you in mind, as well as to protect our company’s good name. So please bear with us as we take you through this legal formality.
If you have any questions, please don’t hesitate to let us know. We are strong believers in straight-forward and honest communication. For quickest results please email us at support@proko.com.
Best regards,
The Proko Team

Joining the Program
By filling out the signup form, and upon acceptance, you will become an affiliate and are bound by the terms of this agreement. Your participation in the program is solely for this purpose: to legally advertise our website to receive a commission on products purchased by your referred individuals.

Please note that throughout this Agreement, “we,” “us,” and “our” refer to Proko LLC, and “you,” “your,” and “yours” refer to the affiliate.
Affiliate Responsibilities
It is understood that you will promote courses and products created by Proko LLC to your audience and will comply with all laws as well as those that govern email marketing and anti-spam laws. Either you or Proko LLC may terminate the Affiliate relationship at any time. You are only eligible to earn Affiliate payments during your time as an approved Affiliate. Proko LLC may change the program or service policies and operating procedures at any time.

Referral Links & Promotion
Once you have signed up for the Program you will be provided with a URL link that must be used to identify you when placing a link from your site, email or other communications to the Proko website. It is your responsibility to ensure each such link is correctly formatted.

We may terminate the Agreement if any meaningful spam complaints naming us or our services result from your marketing activities.

You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our Services, say you are part of Proko LLC or express or imply any relationship between us and you or any other person or entity, except as expressly permitted by this Agreement.

Affiliate Relationship
This Affiliate relationship is one of independent contractors. Proko LLC will not be liable for indirect, special or consequential damages arising in connection with this program and our aggregate liability arising with respect to this program will not exceed the total referral fees paid or payable to you. Proko LLC makes no express or implied warranties or representations with respect to the program. In addition, Proko LLC makes no representation that the operation of the service will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Proko LLC is located in The United States and the program is governed by the laws of The United States and the state of California.
Revocation of Affiliate Status
We want you to be able to sell our product and make your agreed upon commission. We would be thrilled if you sold millions of dollars in merchandise and we would delight in paying you your percentage. We do, however, need to protect ourselves from potential fraud and unscrupulous conduct. Therefore we need these checks to counteract any such conduct. Not because we wish to boss you around.

Your affiliate application and status in the program may be suspended or terminated for any of the following reasons:

Inappropriate advertisements (false claims, misleading hyperlinks)
Illegal spamming (mass email, mass newsgroup posting, etc.)
Violation of intellectual property rights
Advertising in places that we already have a presence, including keywords in search engines or social media groups we control (ie: siphoning sales from us)
If your affiliate site pays for ads containing the keyword “proko” or keywords that are highly related to our lessons, website, or brand
If your affiliate site Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
If your affiliate site Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
If your affiliate site Includes “Proko” or variations or misspellings thereof in its domain name
You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are proko.com or any other affiliated business.
Any reason we deem appropriate (like damaging our brand)
If you break FTC regulations or any other applicable laws

We will not pay a commission that breaks any of the rules listed above

Affiliate Links
You may use graphic and text links both on your website and in emails. The site may also be advertised “offline” in classified ads, magazines, and newspapers. You may use the graphics and text provided to you by us, or you may create your own as long as they are deemed appropriate according to the conditions above.
Waiver
If we fail, at any time to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled hereunder, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Coupon Codes
If you would like to use a coupon to attract customers contact support@proko.com and we can provide you with a custom coupon to use. By using this coupon you agree to substitute part of your affiliate commission towards the coupon. For example if your commission rate is 15% and you would like to offer a 10% off coupon your new affiliate commission rate would be 5%.

Affiliate Tracking
When a web surfer clicks through your affiliate link, a cookie is set in their browser that contains your affiliate username. Also, their IP address is tracked in the database along with your affiliate name. When this person decides to buy a product, the script will look for this cookie and/or try to match their IP address to identify the affiliate who will be awarded the commission. Visitors sent through your affiliate link may make a purchase later in time and the commission will still be awarded if the cookie is present in their browser and/or they are using the same IP address as the one logged in the database.

Terms of the agreement
These terms will begin upon your signup with the affiliate program and will end when your affiliate account is terminated. The terms of this agreement may be modified by Interspire at any time. If any modification to the terms is unacceptable to you, your only choice is to terminate your affiliate account. Your continuing participation in the program will constitute your acceptance of any change.

Pricing & Availability
We will determine the prices to be charged for services sold under this Program in accordance with our own pricing policies. Service’s prices and availability may vary from time to time. Because price changes may affect services that you have listed on your site, you should not display services prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular service.

Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration governed by the law in force in California, United States of America.
Both you and us each have the right to demand Arbitration if Mediation is unsuccessful. If either party demands Arbitration in accordance with this Policy and you are not the party that requested Arbitration, you agree to submit to the Arbitration and pay your share of the Arbitration fees. In any Arbitration, each of the parties is a “Dispute Party,” and collectively you are the “Dispute Parties.” Arbitration will be conducted by net-ARB, Inc., (“net-ARB”) (website: https://www.net-arb.com/), a neutral third-party Arbitration service.

Liability
We will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, and any results of “intents of harm” to the program or our website. We do not make any expressed or implied warranties with respect to the affiliate program and/or products sold at this site. We make no claim that the operation of the affiliate program and our website will be error-free and we will not be liable for any interruptions or errors.

By submitting your application, you acknowledge that you have read the terms and conditions, understand, and agree with them.