THESE AFFILIATE TERMS & CONDITIONS (“AFFILIATE TERMS” OR “TERMS”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU (THE AFFILIATE) AND ASK ME HR. BY CLICKING ON THE “SUBMIT” BUTTON WHEN YOU SUBMIT YOUR AFFILIATE APPLICATION, COMPLETING THE REGISTRATION PROCESS TO BECOME ASK ME HR AFFILIATE PARTNER, AND/OR PARTICIPATING IN THE ASK ME HR AFFILIATE PROGRAM, YOU ARE CONFIRMING YOUR AGREEMENT TO THESE TERMS ON BEHALF OF YOURSELF, OR IF YOU REPRESENT A COMPANY OR OTHER ENTITY, ON BEHALF OF THAT COMPANY OR ENTITY. DO NOT CLICK “SUBMIT” OR PARTICIPATE IN THE AFFILIATE PROGRAM IF YOU DO NOT AGREE TO THESE TERMS.

 

Definitions of words and phrases used in these Terms:

 

“Affiliate” means a person or entity other than Ask Me HR that participates in the Affiliate Program after agreeing to these Affiliate terms. The words “you” and “your”, whether or not capitalized, also refer to Affiliate.

 

“Affiliate Program” and “Program” mean Ask Me HR’s program whereby Affiliates can earn commissions by referring new clients to Ask Me HR, as set forth in these Affiliate Terms. 

 

“Commission” means money earned by you as an Affiliate in the Program pursuant to these Affiliate Terms.

 

“Ask Me HR” (also , or capitalized versions of those words) means Ask Me HR, LLC, a Georgia company based in Dunwoody, Georgia, USA. The words “we”, “us”, and “our”, whether or not capitalized, also refer to Ask Me HR.

 

“Referral Link” means a hyperlink to Ask Me HR that an Affiliate has placed on or in the Affiliate’s website(s), newsletter(s), or social media postings, for the purpose of getting third parties to obtain registration for the course. 

 

“Service” as used herein means Ask Me HR’s online training hub and related functionality, and does not refer to or include Subscriptions to Ask Me HR's consulting service. See our pricing structure above for a description of the plans for which you may earn Commissions.

 

“Subscriber” means a party who has registered for our training course(s). 

 

“Subscription” means the right obtained by a Subscriber to use our training hub and who has paid JAsk Me HR  the required fees for access to a particular course or courses. 

 

There are other defined terms below, each of which is Capitalized.

1. Enrollment in the Affiliate Program

(a) Application Required. In order to be considered for participation in the Program as an Affiliate, you must complete and submit a Program Application form (“Application”).

 

(b) Acceptance of your Application: If we choose to accept your Application, you will receive an email notifying you that your Application has been approved. You understand and agree that we may accept or reject your Application at our sole discretion. Reasons for rejection include but are not limited to things like the following: If any of the information you provide is inaccurate or incomplete; or if your website promotes content of a misleading, fraudulent, defamatory, obscene, violent, illegal, harassing, hateful, or pornographic nature, or for any other reason, we may deem fit to reject your Application.

 

(c) Post-Acceptance Account Access: If we accept your Application, we will send you a welcome email with your login details for your Affiliate account. . It is your responsibility to keep your username and password information secure. YOU MAY NOT SHARE YOUR LOGIN CREDENTIALS WITH ANY OTHER PERSON OR ENTITY.

 

(d) You agree to ensure that the information you provide us in your Application and in your account is at all times complete, accurate and up-to-date (you may update it in your account). We will send communications to the email address associated with your account; you agree to receive these, and understand and agree that, if you opt out of receiving them or ask us to delete your personal data, your participation in the Program may be terminated by Ask Me HR. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.

2. Affiliate Responsibilities & Restrictions 

As a member of our Affiliate Program, you represent, warrant, and agree to all of the following:

 

(a) Best Efforts and Referral Links: You will use your best efforts to promote Ask Me HR. You will implement Referral Links pursuant to the referral specifications set forth in the Program materials we have provided to you.

 

(b) Maintaining your Site: You agree to maintain all of the websites, social media accounts, and newsletters you use to promote Ask Me HR's courses.

 

(c) Compliance with Laws: At all times, you will follow and comply with all applicable privacy, copyright, and other laws that pertain to your website, and any and all other applicable privacy laws.

 

(d) Limited Right to Use the Ask Me HR's Name: You are not permitted to (i) promote Ask Me HR through paid advertising or media buying, or (ii) use the Ask Me HR “Name” (as defined below) in any domain name or as part of your username on any social media platform or account. The word “Name” as used here includes “Ask Me HR”, all Ask Me HR logos, and the names of all Ask Me HR's products, offerings, and services, regardless of whether Ask Me HR has applied for or obtained a trademark or service mark on or for any of them.

 

(e) No Paid Advertising: You are not permitted to buy or bid on any advertising using our Name, or to bid on or buy the rights in or on any search tool or search engine to our Name, including but not limited to in or on Google AdWords.

 

(f) No Promotion With Offensive Content: You may not mention or promote Ask Me HR on any website or platform that contains any form of misleading, fraudulent, defamatory, obscene, violent, illegal, harassing, hateful, or pornographic content. You agree that Ask Me HR has sole discretion to make the determination as to whether such content is present.

 

(g) No Cookie-Stuffing: You may not use any form of cookie-stuffing techniques or click- generators that set tracking cookies or that result in apparent clicks without the user (a live human) actually clicking on Referral Links. You may not artificially generate clicks or impressions on your site or on any social media platform or to create visits on the Jotform site, whether by way of a robot or software program or otherwise.

 

(h) No Verbatim Copying Of Non-Affiliate Ask Me HR Content: You may and are encouraged to use any suggested content or materials Ask Me HR has provided you to use as an Affiliate to promote Ask Me HR, verbatim. However, you may not use or copy any other content appearing on any Ask Me HR website or anywhere else that Ask Me HR uses or posts content in a word-for-word fashion; any and all use of such other Ask Me HR content must be in the form of paraphrasing.

 

(i) No Copying or Using Ask Me HR Look-and-Feel: You may not copy the look and feel of any Jotform website or web page.

 

(j) No Use Of Spyware, Malware, Viruses And The Like: You may not make any use of any form of spyware, malware, trojan, tracker, or virus, or any such things, in connection with any Referral Link or otherwise in connection with the Program.

 

(k) No Misrepresenting Our Relationship: You may not represent or hold yourself out to third parties as being anything beyond an Affiliate of Ask Me HR (and, if you are a customer of Ask Me HR, that you are a customer). For example, you may not state or imply that you are a partner or representative or agent of Ask Me HR or that you have the authority to bind Ask Me HR to a contract, or that you are an agent or employee of Ask Me HR or in business with Ask Me HR. You may not state or imply that you represent Ask Me HR in any capacity unless we have specifically authorized you to do so outside of the Program.

 

(i) Ask Me HR employees: No past or present employees of Ask Me HR or family members of employees of Ask Me HR can participate.

 

(m) Non-Disparagement: In exchange for receiving Affiliate Commissions, you agree that you will not publicly disparage Ask Me HR or any of its products or services or owners, directors, or staff, whether during or after your participation in the Program.

 

(n) You agree that Ask Me HR may terminate your participation in the Program if you violate any part of Section 2, or any other provision, of these Affiliate Terms.

3. Ask Me HR’s Rights

As a member of our Affiliate Program, you understand and agree that Ask Me HR has all of the following rights as concern you, among the other rights set forth elsewhere in these Terms:

 

(a) We Can Monitor your Site: You hereby give us the right to monitor your website to make sure that you are complying with these Affiliate Terms and to notify you of any changes we believe you should make to your website to remain in compliance. We reserve the right to terminate your participation in the Program if you fail or refuse to make such changes after we have so notified you.

 

(b) We Determine the Terms Applicable to Referred Customers: Persons who become Subscribers of our Service through referrals made in the Affiliate Program will be bound by our terms of use, rules, and policies, which are subject to change from time to time. We reserve the right to not accept anyone as a Subscriber, and to terminate any Subscriber’s account and/or access to the Service if that party defaults on their subscription fee payment obligations, and/or if in our sole discretion they violate any of our terms, rules, or policies, even if such a termination affects your right to a Commission or the amount of a Commission under the Program.

4. Affiliate Commissions

(a) Eligibility: Except in jurisdictions in which payment of Commissions is not permitted, and/or where we have not accepted your Application to be an Affiliate, and/or where you have violated these Affiliate Terms, you will be eligible to earn Commissions as set forth in Section 4.

 

(b) How Commissions Are Earned: A Commission is earned when a third party (not you or Ask Me HR or any of our respective owners, directors, agents, or employees) does all of the following: (i) The party clicks on a Referral Link, (ii) Once at the Ask Me HR web page to which that Referral Link points, the party signs up for a course, and (iii) The party pays the applicable fees. The party that completes these three steps (i)-(iii) herein shall be referred to as a “Referred Party”. Commissions are earned only for the first course the Subscriber registers its employees for. (iv) The Affiliate emails, a course learner list and services are paid for by the client in the event of a large referral with multiple users that can not go through our website referral link. 

 

(c) Commissions Are Not Earned When Any or All of the Following Is the Case: The referring party is not an Affiliate, the Affiliate has violated any provision of these Affiliate Terms, one or more of the steps set forth in 4(b)(i)-(iii) is not present or met, or the party does not sign up for a course within thirty (30) days after initially clicking on the Referral Link.

 

(d) Amount of Commissions: Where a Commission is due to the Affiliate hereunder, the Affiliate shall receive thirty-percent (10%, 12%, or 15%) of all Subscription fees received by Ask Me HR from the Referred Party, for the first course that the Referred Party has contracted for. For example, if the Referred Party purchases 100 licenses for a course, but they would like to sign-up for the same course the following year or offer their employees additional courses during the first year, the Affiliate will not receive any Commission for additional courses. You acknowledge and agree that Ask Me HR in its sole discretion shall determine the price of any and all Subscriptions, and that discounts and promotions offered or given by Ask Me HR to the Referred Party may impact their Subscription fees, and by extension, the amount of your Commission. Note that other things (for example, those discussed in Sections 4(g) and (h) below, among others) can affect whether you are entitled to a Commission, or the amount of a Commission.

 

(e) Non-Course Subscriptions Only: Commissions will not be paid on Subscription fees paid by a Referred Party who obtains a contract for Ask Me HR's consulting services. (See the definitions section above for more information.) This shall be the case even if the Referred Party converts from just subsribing to a course to consulting client during the first 12 months after they first sign up for a Subscription. 

 

(f) Payment of Commissions: Commissions earned will be calculated on a monthly basis, and will in any case be paid to the Affiliate within sixty (60) days of Ask Me HR's receipt of payment from the Subscriber. At or before the time such payment is made, Ask Me HR will make information available to the Affiliate (in the Affiliate’s account) showing the total amount of Subscription fees received from each Referred Party during the month at issue and the Commissions earned. Ask Me HR reserves the right to pay after the 60 days in the event of a disagreement with the Affiliate or other confusion over the amount of the Commission. All payments will be made by electronic transfer. Affiliate agrees to keep updated the information and means by which it has informed Ask Me HR it wishes to be paid through an electronic transfer, and further agrees that any failure to do so may result in a delay or inability on the part of Ask Me HR to transmit payments to Affiliate.

 

(g) Other Things That Impact Commissions: You agree that (i) we will not pay you a Commission where the Referred Party signs up for the Subscription using a false or fraudulent means of payment, such as but not limited to using a stolen credit card, and (ii) where the Referred Party signs up for the Subscription but later receives a refund pursuant to Ask Me HR policy. In each of these cases (i) and (ii), you will not receive a Commission at all, or if you have already received a Commission by the time Ask Me HR learns that the party is done one of the things mentioned in (i) or (ii), we will deduct the amount of the Commission we paid you applicable to that payment from any future payments to you as an Affiliate.

 

(h) Effect of Legal Prohibitions: If we determine that payment of a Commission is not permitted under any applicable laws, or the Referred Party violated any law in signing up for a Subscription, of your violation of these Terms or applicable law resulted in the Referred Party signing up for a Subscription, we reserve the right to not pay the Commission.

 

(i) Taxes and Third-Party Fees: Affiliates are solely responsible for any and all government- imposed taxes and levies, and any and all fees charged by the Affiliate’s bank or other financial institution, in connection with or because of the Affiliate’s receipt of Commission payments.

5. Licenses

(a) You hereby grant Us a non-exclusive, non-transferable, revocable right to use your personal and company names, titles, and logos in the advertising, marketing, promoting, and publicizing of the Program.

 

(b) We both agree not to use the other’s Names or other proprietary materials in any manner that portrays the other in a negative light. Other than the rights explicitly granted to you in these Affiliate Terms, we each retain all right, title, and interest in and to our respective rights, and no right, title, or interest in anything or any form or type of property not stated in these Affiliate Terms is hereby transferred to the other.

6. Disclaimer

WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING ASK ME HR, THE PROGRAM, OR THE ASK ME HR SERVICE. ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. ASK ME HR MAKES NO REPRESENTATION THAT THE OPERATION OF OUR WEBSITE OR OF ANY SIGN-UP PAGE OR PROCESS WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

7. Limitations of Liability

WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THESE AFFILIATE TERMS 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 YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE AFFILIATE TERMS, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE AFFILIATE TERMS, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THESE AFFILIATE TERMS.

8. Indemnification

You agree to defend, at your expense, Ask Me HR and its related entities and each of their employees, directors, officers, representatives, agents, and contractors (collectively, the “Ask Me HR Parties”), against any and all claims, suits, actions, or other proceedings brought against them by a third party based on or arising from any claim resulting from your breach of these Affiliate Terms (“Claim”). You further agree to indemnify the Ask Me HR Parties against any damages, attorneys fees, and costs awarded by the court or arbitrator in favor of the party or parties who have brought the Claim. 

9. Term and Termination

The term of the agreement formed by your acceptance of these terms shall continue for as long as you are an Affiliate. Either party hereto may terminate Affiliate’s participation in the Program for any reason, on sixty (60) days written notice. Such notice to Ask Me HR shall be sent by email to helpdesk@askmehr.com.

10. Modification

From time to time, we may make changes to these Affiliate Terms. You agree to review these terms from time to time and that you will be bound by such changed terms unless you choose to terminate your participation in the Program. Such a termination shall be your sole mode of recourse if you object to such changes. You also agree that Ask Me HR has the right to shut down or otherwise stop offering the Program at any time. If we do shut it down or stop it, we will still pay you all Commissions you have earned prior to that time.

11. Miscellaneous

(a) You represent, warrant, and agree that:

 

(i) You have read and understood these Affiliate Terms, and consulted your own legal counsel for advice regarding them if you felt that was necessary, before agreeing to them via the click-through process (for example, by checking an “I agree” box and then clicking on the “submit” button, or by otherwise indicating your agreement to these Affiliate Terms);

 

(ii) You have the full right, power, and authority to accept and be bound by these Affiliate Terms and to perform your obligations under these Affiliate Terms, without the approval or consent of any other party;

 

(iii) If Affiliate is a company, entity, or other organization, rather than a single individual person, the person who agreed to these Affiliate Terms had the power and authority to agree to them on behalf of the Affiliate.

 

(b) Independent Contractors. Each of us shall be deemed to be independent and separate parties with respect to the subject matter of these Affiliate Terms, and nothing contained in these Affiliate Terms shall be deemed or construed in any manner as creating any partnership, joint venture, employment, agency, fiduciary, or other similar relationship. You will not make any statement, whether on your site or otherwise, that contradicts anything in this paragraph.

 

(c) Assignability. You may not assign your rights or obligations under these Affiliate Terms to any party, and any attempt to do so will be void and without effect. We are free to assign the Program and/or these Affiliate Terms to any Ask Me HR entity and/or to an acquirer of Ask Me HR assets.

 

(d) Governing Laws. Except where not permitted by the jurisdiction in which Affiliate resides, these Affiliate Terms shall be governed by the substantive laws of the State of Georgia without reference to its choice or conflicts of law principles that would require the Application of the laws of another jurisdiction, and shall be considered to have been made and accepted in the State of Georgia.

 

(e) Neither party shall be deemed to have waived any provision of these Affiliate Terms unless in writing and signed by both parties.

 

(f) Entire Agreement. These Affiliate Terms represent the entire agreement between Ask Me HR and Affiliate, and shall supersede all prior agreements and communications between us, whether oral or written.

 

(g) Severability. If any provision of these Affiliate Terms is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is given full effect, and the remainder of these Affiliate Terms shall have full force and effect.

(h) Governing language. These terms are not provided in any language other than English. If you wish to have them translated into another language before agreeing to them, you may do so, but you agree that the English version of these Affiliate Terms shall control in all cases.