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Terms and Conditions
	To be an authorized affiliate of You Can Play Guitar, you agree to abide by the terms and conditions contained in this agreement. Please read this agreement carefully before registering and using the You Can Play Guitar service as an affiliate. By signing up for the You Can Play Guitar affiliate program, you indicate your acceptance of this agreement and its terms and conditions. The following Terms & Conditions shall govern all conduct between You Can Play Guitar and its affiliates. Enrollment and participation in the You Can Play Guitar Affiliate Program shall constitute consent by the enrolling individual or entity to the following terms. A. PROMOTIONAL RULES. Affiliates agree to abide by the following promotional rules and guidelines. Violations shall result in the suspension or termination of the offending affiliates account and immediate forfeiture of generated commissions. #1: No Spam. Affiliates must not promote our courses via unsolicited email promotion, also known as spam. Any email promotions must conform to the U.S. CAN-SPAM Act of 2003, regardless of whether the affiliate is based in the United States. The requirements for compliance are simple and clear and can be found on the FTC website: http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.shtm #2: Identity Confusion. Affiliates must not design websites, promotions, or emails which create the impression that they have been created by You Can Play Guitar or are in any way endorsed by us. Affiliates must not represent themselves as us, or cause identity confusion by making websites or promotions that look like us. #3: Bonus Offerings. The offering of conditional bonuses to users who buy through an affiliate link is not permissible. Conversely, non-conditional bonuses, whereby anyone can receive them whether they buy through your link or not, are gladly allowed. Here are some examples: OK: "Sign up for our free e-book, called THE STUDENTS GUIDE TO GUITAR." Not OK: "If you purchase You Can Play Guitar through my link so that I receive the commission, I will send you my free e-book, called THE STUDENTS GUIDE TO GUITAR." The second example is not acceptable under this policy because it is conditional on the customer purchasing through a particular affiliate link. #4: Processing Customer Orders. Affiliates must not take orders directly from customers and then place those orders (on the customers behalf) through our website. This practice, sometimes referred to as Drop-Shipping, is strictly prohibited in all of its forms. #5: Plagiarism of Content. Affiliates must use their own original content on their websites and promotions, or content for which they have express consent from the author. Banner ads and product images provided by You Can Play Guitar to its affiliates are exempt from this policy. #6: Promotion on You Can Play Guitar boards. Affiliates must not promote their affiliate links on You Can Play Guitar own discussion boards or forums. You Can Play Guitar affiliates must also refrain from promoting competing products, or their own websites, on You Can Play Guitar discussion boards or forums. #7: Slanderous Promotion. Affiliates will represent You Can Play Guitar products and services honestly and accurately. Headlines must also be honest, accurate, and non-slanderous, regardless of the copy that follows. For example: OK: You Can Play Guitar: SCAM OR GOLD? I tried it and liked it because... Not OK: You Can Play Guitar SCAM! Or at least I thought it was until I tried it... The first headline is permissible because it posses a question and immediately answers it, honestly and accurately. The second example is not permissible, as the headline itself is slanderous and, according to the copy that follows, inaccurate. B. LIMITATION OF LIABILITY. You (the affiliate) understand that You Can Play Guitar and/or their assigns does not guarantee or predict any type of profit or response from said services. You agree to hold You Can Play Guitar harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which You Can Play Guitar and/or their assigns may become subject arising out of or relating in any way to the use of the services provided under this agreement, including, without limitation, in each case attorneys' fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities. C. SERVICES TO BE PROVIDED. We agree to pay you certain commissions as described on our website for referral sales made by customers. The rate and amount of these commissions are subject to change. Notice of commission rate changes will be sent via email message to the affiliate address on file at the time of notice. D. TERMINATION. We may terminate your account: (a) if you violate our Terms Of Service Policy; (b) promote You Can Play Guitar in a manner that is unethical or inappropriate; (c) violate any of the Promotional Rules listed in Paragraph A; (d) insufficient account activity; or (e) for any reason, in our sole discretion. You may terminate this agreement for any reason by sending written notice and requesting your account be closed. Such notifications should be sent by certified mail to You Can Play Guitar, 211 West Lincoln Avenue, Reed City MI, 49677. E. NO WARRANTIES. We make no warranties to you of any kind, expressed or implied, with respect to the service of You Can Play Guitar, its subcontractors and partners provide you. We expressly disclaim any implied warranty of merchantability or fitness of this service for a particular purpose. We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, by not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for your lost profits or for your loss of data or information. If notwithstanding this clause we are held liable to you. F. TERMS. You agree: (1) to use our system in a manner that is ethical and in conformity with community standards; (2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property; 4) to accept commercial emails from us; and 5) abide by the Promotional Rules set forth in Paragraph A. If we learn of a violation or likely violation of the TERMS, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the TERMS, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances. YOUR SERVICE WILL BE TERMINATED IMMEDIATELY AND WITHOUT WARNING SHOULD YOU USE OUR SYSTEM AS PART OF ANY BULK EMAIL CAMPAIGN. You may also be subject to fines and legal actions as a result of your bulk email promotion.. If you plan on promoting You Can Play Guitar by e-mail, you must have a valid e-mail subscribers list that offers your subscribers the option to opt out at any time. G. Assignment. This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this agreement. We may assign this agreement at any time. H. Change of Terms and Conditions. We reserve the right to change the terms and conditions of this agreement as needed. Use of our servers by you after said changes constitutes acceptance of those new terms and conditions. If you do not agree to the new terms and conditions, you may terminate this agreement in accordance with Section D. I. Notification of Account Changes. You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable. You agree to notify us if your address, email address, telephone number, billing information changes. J. Notices. All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail. K. General Provisions. The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. Subject to Section K, no supplement, modification, or amendment of this agreement shall be binding unless executed in writing by both parties. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is the subscriber, the individual signing up for our services represents that he or she is duly authorized to enter into this agreement on behalf of that organization. In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within Osceola County, Michigan, before instituting litigation.


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