ECE Podcast Academy Affiliate Terms and Conditions
This Affiliate Agreement (“Agreement”) is entered into between Carla Ward / Early Learning Foundations (“Company,” “we,” or “us”) and the individual or entity submitting an application to become an affiliate (“Affiliate,” “you,” or “your”).
The Company has established an affiliate program (“Affiliate Program”) through which participants may earn commissions by referring others to purchase the ECE Podcast Academy. By applying for and participating in the Affiliate Program, you agree to be bound by the terms outlined in this Agreement.
1. Application & Acceptance
To participate, you must submit a complete and truthful application. We may accept or reject applications at our sole discretion and may revoke acceptance at any time if false or misleading information was provided.
2. Payments and Tax Responsibility
All affiliate tracking for ECE Podcast Academy is managed through ThriveCart. Each affiliate will receive a unique tracking link to use in all promotions. Commissions are calculated using last-click attribution and tracked in real time through your affiliate portal.
All commissions will be paid out the week of July 7, 2025, after the refund window closes, to ensure all transactions are finalized.
Payments will be made in Canadian dollars via PayPal or Stripe, so please ensure your correct payout email is on file in the affiliate portal.
As Carla Ward/Early Learning Foundations is a Canadian business, no W9, W8-BEN, T4A, or 1099 forms are required. Affiliates are responsible for reporting and paying any applicable income taxes in their own province, territory, or state. No taxes will be withheld by the Company.
3. Commission Terms
You will receive a 50% commission on each sale of the ECE Podcast Academy made through your unique affiliate tracking link.
No commission is paid on refunded or cancelled sales. Commissions are only paid after the refund period for each purchase has passed.
4. Representations & Warranties
You affirm that:
- You have the legal authority to enter into this Agreement.
- You will comply with the Canadian Anti-Spam Legislation (CASL), Privacy Act, Competition Act, and Federal Trade Commission guidelines.
- You will not use the ECE Podcast Academy brand, logos, or materials outside the scope permitted by the Company.
5. Promotional Materials & License
Once accepted, you may use provided marketing materials (logos, images, sample posts) solely to promote the ECE Podcast Academy. You may not alter or claim these materials as your own. Unauthorized use may result in removal from the program.
6. Confidentiality
You may not disclose or use proprietary information belonging to the Company, including but not limited to: marketing plans, sales data, content strategy, business contacts, or unreleased course materials. This obligation remains in place even after the termination of this Agreement.
7. Acceptable Marketing Practices
You may not:
- Use false or misleading claims
- Offer cash, gift cards, or physical prizes as purchase incentives
- Promote in connection with illegal, offensive, or discriminatory content
- Use spam, bots, or tracking manipulation (e.g., cookie stuffing)
You may offer legitimate value-based bonuses such as coaching, templates, or digital downloads—provided the bonus is truthful, delivered as promised, and does not exceed the value of the course.
8. Termination
Either party may terminate this Agreement at any time, with or without cause, by providing written notice. Upon termination, you must stop using all promotional materials and delete related content. Any valid commissions earned prior to termination will still be paid.
9. Independent Contractor Status
You are not an employee, agent, or representative of Carla Ward / Early Learning Foundations. This Agreement does not create a partnership, joint venture, or employment relationship.
10. Limitation of Liability
The Company is not liable for any indirect, incidental, or consequential damages related to your participation in the Affiliate Program. Participation is entirely at your own risk.
11. Governing Law & Jurisdiction
This Agreement is governed by the laws of the Province of Ontario, Canada. Any legal disputes must be resolved in the courts of Peel Region, Ontario.
12. Dispute Resolution
All disputes must first be attempted to be resolved through informal negotiation. If unresolved, the matter will proceed to binding arbitration in Ontario. Class actions are not permitted.
13. Indemnification
You agree to indemnify and hold harmless Carla Ward / Early Learning Foundations, its affiliates, team members, and contractors from any claims, liabilities, or losses related to your actions, breach of this Agreement, or marketing content not provided by the Company.
14. Force Majeure
The Company shall not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company. These may include, without limitation: acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether or not war is declared), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic or pandemic, lock-outs, strikes or other labour disputes (whether or not relating to the Company’s workforce), restraints or delays affecting carriers, or breakdowns in telecommunications or power.
15. Modifications
The Company may update these Terms and Conditions at any time. You will be notified by email, and any updates will take effect 10 business days after notice. Continued participation after that point signifies acceptance.
16. Entire Agreement & Severability
This document constitutes the full agreement between you and the Company. If any part is deemed unenforceable, the rest remains valid.
17. Waiver
Any failure by either party to enforce a provision does not waive the right to enforce it later. No waiver is valid unless it is made in writing and signed.