Affiliates Registration

Klozers Affiliates Registration

 

 

Earn money selling a product with an unlimited market.

Every office, in every town, in every city, in every country,

has someone who is responsible for sales, and they all want to sell more.

 

 

Our Solutions

OPEN PLATFORM

Affiliates Registration

Our open platform is our entry level solution where we provide a Virtual Sales Management service for ambitious, sales hungry leadership teams.

Through this service we help Sales Leaders implement the structure and processes they need to build a winning sales team and culture. 

Backed up with pre-recorded and live  training and coaching, we provide a positive learning environment  for sales teams, and a Trusted Advisor service for their Leaders.

CLOSED PLATFORM

Affiliates Registration

Our closed platform solution is a “white label” version of our open platform for larger companies, looking to implement a company wide culture of learning and growing.  

With Tin Can API clients easily upload courses, content and tools to create their own custom e-learning portal.

Advanced content protection allows Company employees, Channel Partners and End users to view seperate content where required, all with Version control set by company administrators.

Affiliate Program

Thank you for your interest in joining our Affiliate Program.   Affiliates are our Partners and your success is 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. Our affiliate agreement is designed to protect you as much as to protect the Klozers brand and reputation in the market place. So please bear with us as we take you through this legal formality.

Your application will be evaluated manually however our goal is to respond to every application within 24 hours.  If approved you will receive access to our affiliate account interface, where you can access marketing materials and additional information to help you resell our products and services.

If you have any questions, please don’t hesitate to let us know. Our business is constantly evolving and we are keen to receive any feedback from our customers and partners.  Please email us via joanne@klozers.com. You can also reach us via phone on +44 (0) 131 261 8161

Kind regards,

Joanne Waddell

Customer Support Manager

If you would like to learn more please read the Terms & Conditions below.  By clicking on the Apply Now button at the bottom of this page you agree to accept and be bound by this agreement.

Klozers Affiliate Agreement

Affiliate Agreement

PLEASE READ THE ENTIRE AGREEMENT.

YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND KLOZERS

BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE AND BOUND FOR EACH AND EVERY TERM AND CONDITION.

By clicking on the “Apply Now” at the bottom of this page you agree to accept and be bound by this agreement.

BETWEEN

“The Principal”       Klozers, 11 Smileyknowes Court, North Berwick, EH39 4RG United Kingdom.

AND

You the affiliate.

 CONCERNING

 Klozers

  IT IS HEREBY AGREED AS FOLLOWS

  1. 1. Interpretation
  2. Except where the context requires otherwise, words importing the masculine shall include the feminine; words importing the singular shall include the plural; words importing natural personage shall be equally applicable to corporate personage; and vice versa.
  • References to any statutory provision, authority, rule or code of practice shall be deemed to include the amended versions, replacements or successors of such.
  • No term of this agreement or course of dealings between the Parties will operate to make the Affiliate an employee or agent of the Principal.
  1. 2. Definitions
  • For the purposes of this agreement, references to the “Service Proposal” shall be references to a separate written document which shall contain detail of the commissions to which the Affiliate shall be entitled, what shall trigger the payment of these commissions and how much they shall be.
  • The Service Proposal shall be attached as a schedule to this agreement and signed or initialled by both parties.
  • “Confidential Information” means any and all information disclosed (whether directly or indirectly or orally or by any other means and whether marked confidential or not) by the Principal to the Affiliate either before, on or after the execution of this Agreement which at the time of disclosure is not already part of the public domain and which relates to any business, concept, invention or idea or the execution thereof or to any related manner, including, but not limited to, the following classes of information:
    • Financial information, accounts or records
    • Commercial and marketing information, plans or strategies or market research data
    • Electronic or technical information, data, designs or specifications
    • Information concerning internal procedures and processes
    • Know-how and industrial or trade secrets
    • Projections or forecasts
  • “End User” shall mean any person who makes use of a web browser to access and view web pages.
  • “Link” (and all derivatives) shall mean a hyperlink, in whatever form, which can be clicked on by an End User to direct that End User to the Principal’s Website as set out above (“the Website”).
  1. 3. The Link & Referral of End Users
    • The Principal and the Affiliate have entered into an Agreement whereby the Affiliate will promote the Website by publishing a Link in one or more of the following mediums:
      • Displaying the Link on the Affiliate’s website or elsewhere on the internet
      • Sending the Link to an End User by embedding it in an email message
      • Sending the Link to an End User by embedding it in an electronic document
    • The Principal will provide the Affiliate with the code necessary to create a Link to the Website, and to track visitors who arrive at the Website via the Link. The Principal grants the Affiliate an unlimited license to use the Link during the term of this Agreement and in accordance with its provisions.
    • The Affiliate will not change the code provided by the Principal in any way except with the prior consent of the Principal.
    • The Principal may from time to time change the way in which visitors to the Website are tracked and may change the manner in which the Affiliate Links to the Website and he will notify the Affiliate of this.
    • The Principal reserves the right to direct the Affiliate as to how the Link may and may not be used. Specifically (but not exhaustively), the Link may not be published in any of the following ways:
      • On any website which contains pornographic, indecent, racist or illegal content.
      • On any webpage which is written in a language other than English.
      • In any email message which could be considered spam. This means any email which is sent to an email address without the Affiliate having permission from the owner of the email address to use that address for marketing purposes.
      • In newsgroups, chatrooms, message boards or guestbooks.
      • In any way which is misleading to the End User.
  1. 4. The Commission & Payments
    • The Affiliate will be entitled to commission at the rates and upon fulfillment of the conditions set out in the service proposal. The following definitions shall apply to the Service Proposal although not all may be available:
      • “Click Commission” means the commission which the Affiliate will receive for each unique End User who follows a Link and is directed to the Website.
      • “Lead Commission” means the commission which the Affiliate will receive for each unique End User who follows a Link and is directed to the Website and who then performs an action (to be defined by the Principal) which identifies him as a potential customer, such as joining a mailing list or filling in a form.
      • “Sale Commission” means the commission which the Affiliate will receive for each End User who follows a Link and is directed to the Website, resulting in a sale of the Principal’s product or service. The Sale may take place on the End User’s first visit to the Website or on any subsequent visit provided that it is within 30 days. If a sale occurs more than 30 days after an End User last accessed the Website via the Link then no Sale Commission shall be payable to the Affiliate. No Sale Commission shall be payable in respect of a transaction until the Principal has first received payment from the End User and this payment has cleared.
    • The Principal shall pay commission due to the Affiliate on a monthly basis,  45 days after receipt of payment from the “End User” Notwithstanding the above, where the commission owed to the Affiliate is less than $250.00 (“the Minimum Payment”) the Principal may continue to roll the commission due over to the following month until the Minimum Payment is reached.
  2. 5. Affiliate Obligations

5.1 To begin the enrollment process, Affiliates must complete and submit the online application via the link at the bottom of this page on www.klozers.com.  All applications are approved manually and once approved does not imply that we may not re-evaluate your application at a later time.  We may reject your application at our sole discretion.  We may cancel your application if we determine that you and or your website unsuitable for our Programme, including but not limited to if it:

5.1.1 Promotes sexually explicit content and or material.

5.1.2 Promotes violence.

5.1.3 Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

5.1.4 Promotes illegal activities.

5.1.5 Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law

5.1.6 Includes “Klozers” or variations or misspellings thereof in it’s domain name.

5.1.7 Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in any way.

5.1.8 Contains software that potenatially enable of the diversions of commissions from other affiliates in our programme.

5.1.9 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 believe you are Klozers or any other affiliated business.

 

  1. 6. Affiliate’s Data Protection Obligations

6.1 The Affiliate undertakes and covenants that at all times he will comply with the         requirements of the Data Protection Act 1998 and the General Data Protection      Regulation (GDPR) (Regulation (EU) 2016/679) in respect of recording End User’s       details or obtaining or making use of email addresses and all other end user data.

 

  1. 7. Mutual Confidentiality Obligation

7.1 The Affiliate and the Principal each undertake and covenant that at no time,            whether during the term of this agreement or thereafter, shall he disclose or permit to         be disclosed to a third person any Confidential Information which he receives from           the other Party to this Agreement save as that Party may expressly authorise in writing        or as he is compelled by any court or administrative body of competent jurisdiction.

7.2 Where either the Affiliate or the Principal provides services to the other Party to        this Agreement through a delegate such as an employee or subcontractor, he will    ensure that the said delegate signs a comparable confidentiality undertaking.

 

  1. 8. Klozers Rights and Obligations

8.1 We have the right to monitor your site at any time to determine if you are following the terms and conditions of this agreement.  We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our website are appropraite, and to notify you of any changes that we feel should be made.  If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Klozers Affiliate Programme.

8.2 Klozers reserves the right to terminate this Agreement and your participation in the Klozers Affiliate Programme immediately and without notice to you, should you commit fraud in your use of the Klozers Affiliate Programme, or should you abuse the programme in any way.  If such fraud or abuse is detected, Klozers shall not be liable to you for any commissions for such fraudulent sales.

  1. 9. Availability and Security of the Website/s

Whilst the Principal shall make every reasonable endeavour to ensure the availability and security of the Website, he makes no guarantee or warranty of any kind, whether express or implied, as regard to any of the following:

  • The uninterrupted or stable availability or accessibility of the Website or any of its content.
  • The suitability or compatibility of the Website or any of its content with any computer system, software or information storage or retrieval system.
  • The security of the Website or its content, or of any information which you submit to the website.
  • The absence of viruses or malicious software or machine-readable code anywhere on the Website or in its content.
  1. 10. Termination

Either you or we may end this Agreement at any time, with or without cause by giving the other party 30 days written notice.  In addition this agreement may be terminated by either Party  written notice served on the other at his address as set out in the electronic affiliate application form by registered post or first class post. Notice sent by post shall be effective 48 hours after sending.  Without prejudice to the above, this Agreement may be terminated immediately where any of the following circumstances arise:

10.1 Either Party commits a serious breach or persistent breaches of this agreement including but not limited to the non-performance, neglect or default of any of his duties as outlined herein (including a failure on the part of the Principal to make payment within agreed timescales) and after notice of this breach has been given to the defaulting Party it remains un-remedied and un-rectified 30 days after such notice.

  • Either Party becomes insolvent or enters into a CVA or IVA or becomes insolvent.
  • Either Party ceases to trade.
  • Upon termination of this agreement the Affiliate shall be entitled to payment of all commission accrued up until the point of termination. Further, notwithstanding any of the content of this section, termination of this Agreement shall not prejudice the right of the Affiliate to receive Sale Commission in respect of End Users who were referred to the Website prior to termination, but where a sale results after termination but within 30 days of referral in accordance with section 4.2(c).
  1. 11. Variation

This Agreement may be varied by the mutual consent of the parties, but no variation shall be binding unless set out in writing and confirmed by both Parties.

  1. 12. Disclaimers and Exclusions
  • The Principal shall not be responsible in any circumstances to the Affiliate or any third party for any damage or loss sustained (including any loss of profit or indirect or consequential economic damage or loss), which is as a result of negligence, misrepresentation, breach of contract or otherwise.
  • Klozers makes no express or implied representations or warranties regarding Klozers products,  services and websites, or the products or information contained therein, any implied warranties of Klozers ability, fitness for a particular purpose and non-infringement are expressly disclaimed and excluded. 
  • In addition we make no representation that the operations of our site will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors. 
  • Any income or earnings statements are estimates of income potential only, and there is no assurance that your earnings will match the figures presented during sales and marketing, which are given as examples.  Your reliance on the figures we present is entirely at your own risk. Any income or earnings depicted are NOT to be interpreted as common, typical, expected, or normal for the average affiliate. 
  • There can be no assurances that any prior successes, or past results, as to income earnings, can be used as an indication of your future success or results.  Monetary and income results are based on many factors.  Each individuals success depends on his or her background, work ethic, dedication, desire and motivation; as well as other factors not always known and sometimes outside of their control and that of Klozers. 
  • Therefore we do not guarantee or imply that you will make any income or earnings, or that you will make any money at all.  If you rely upon our examples you do so entirely at your own risk, and you accept all responsibility and risk associated with your reliance.

 

  1. 13. Indemnity

The Affiliate shall indemnify the Principal against any loss or damage which results from the Affiliate’s breach of this agreement or failure to abide by any of its terms.

You hereby agree to indemnify and hold harmless Klozers and its subsidiaries and affiliates, and their Directors, Officers, Employees, agents, shareholders, Partners, Members and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgements, settlements, costs and expenses (including reasonable attorneys fees) for any or all of the foregoing, hereinafter referred to as “Losses” in so far as such Losses (or actions in respect thereof) arise out of, or are based on (i) any claim that our use of the Klozers, Klozers Logo, the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation of a warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to Klozers.

 

  1. 14. Limitation of Liability

Klozers  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 direct, 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 Klozers 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 commission fees paid to you under this agreement. 

 

  1. 15. Force Majeure

Neither Party shall be liable for any delay or failure in performing its obligations or duties under this agreement which results from circumstances outside his reasonable control including but not limited to acts of God, industrial action, war, fire, threat of terrorism, civil disturbance or rioting, government or regulatory action, breakdown in plant or machinery, or shortage of raw materials or supplies.

 

  1. 16. Confidentiality

 All information including but not limited to any business, technical, financial and customer information, disclosed by one party to the other during the negotiation or the effective term of this agreement which is marked “Confidential” will remain the sole property of the disclosing party, and each party will keep in confidence and must not use or disclose such proprietary information of the other party without express written permission of the disclosing party.  All Klozers content & material, specifically but not limited to Klozers sales consulting, sales training and sales coaching material (including but not limited to video, workbooks and audio), strategies and tactics can only be shared for the sole purpose of training and supporting the affiliates clients.  No Klozers content or material may be shared publicly without express written permission from Klozers.

 

  1. 17. Warrantee of Contractual Capacity

Both Parties and the signatories to this agreement warrant that they are authorised and permitted to enter into this agreement, and have obtained all necessary permissions and approvals.

 

  1. 18. Whole Agreement, Governing Law, Severability and Miscellaneous

18.1 You agree that you are an independent  contractor, and nothing in this agreement will create any partnership, joint venture, agency, franchise, distributor, sales representative or employment relationship between you and Klozers.  You will have no authority to make or accept any offers or representations on our behalf.  You will not make any statement, whether on your site or any where that would reasonably contradict anything in this section.

18.2 This document constitutes the entirety of the Agreement between the Parties. It supersedes any prior representations which may have been made, whether orally or in writing. Any modification to this agreement must be made in writing and signed by both Parties.

18.3 This Agreement shall be governed by the Laws of Scotland and the parties agree to submit to the exclusive jurisdiction of the Scottish Courts.

18.4 All clauses, sub-clauses and parts thereof shall be severable and shall be read and construed independently. Should any part of this Agreement be found invalid this will not affect the validity or enforceability of any other provision or of this Agreement as a whole.

18.5 All terms, conditions and covenants contained in this Agreement shall bind the parties and their heirs, legal representatives, successors to title and permitted assignees.

18.6 Nothing in these terms and conditions shall incur any rights on a third party and no third party may enforce any provision of this contract under the Contracts (rights of Third Parties) Act 1999.

18.7 Neither Party shall assign or transfer any of their rights, liabilities or obligations arising under this agreement without the prior written consent of the other Party.

18.8 The headings and titles contained in this agreement are included for convenience only, and shall not limit or otherwise the terms of this agreement.

18.9. If any provision of this agreement 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 effectuated, and the remainder of this agreement shall have full force and effect.

 

  1. 19. Warrantee of Contractual Capacity

Both Parties and the signatories to this agreement warrant that they are authorised and permitted to enter into this agreement, and have obtained all necessary permissions and approvals.

 

By clicking on the “Apply Now” at the bottom you agree to accept and be bound by this agreement.

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