Affiliate Program Terms of Service

TEACHABLE AFFILIATE PROGRAM TERMS OF SERVICE

These Terms of Service are entered into by and between you and Teachable, Inc., a Delaware corporation, (“Teachable”) and govern the terms of Teachable’s affiliate program (the "Affiliate Program"). BY SUBMITTING AN APPLICATION TO PARTICIPATE IN THE AFFILIATE PROGRAM, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE AS WELL AS TEACHABLE’S TERMS OF USE AND PRIVACY POLICY. Your participation in the Affiliate Program is conditioned on your acceptance of these Terms of Service and all terms, conditions, and notices contained herein. Please read the Terms of Service carefully. If you do not want to agree to these Terms of Service, you must not participate in the Affiliate Program.

1. Eligibility for the Affiliate Program ‍

To participate in the Affiliate Program, you must go to https://teachable.com/affiliates to submit an application through Teachable’s Affiliate Signup.at. Teachable reserves the right, in its sole discretion, to accept or reject any application for membership in the Affiliate Program for any reason. Affiliates must be at least 18 years old in order to participate in the Affiliate Program.

2. Referrals

You will receive commission for Qualified Referrals to Teachable. The percentage of commission may change at any time and without notice.

Affiliates who share the same personal/company details, including but not limited to, last name, email address, IP address, website details, or commission payment details, as their referred customer will be deemed to have made a “Self-Referral.” Referral commission and any earnings associated with this type of “Self-Referral” will not be paid. Teachable, in its sole discretion, will determine the classification of any referral as a “Self-Referral.”

Referrals made to current Teachable customers will be considered current customer referrals. You will not receive referral commission for a current customer referral Teachable, in its sole discretion, will determine the classification of any referral as a current customer referral.

3. Marketing

You shall bear your own costs and expenses related to marketing and promoting Teachable and/or the Affiliate Program. Teachable is not obligated to reimburse or credit you for any marketing expenses. If Teachable does reimburse you for any marketing expenses, such reimbursement shall not create a duty or obligation to reimburse any future marketing expenses.

You may not engage in any of the following marketing activities and represent and warrant that your marketing practices do not violate any of these restrictions:

• Affiliates shall not make any false, misleading, or disparaging statements with respect to the Affiliate Program, Teachable, its employees, its customers, its Services (as defined in Teachable’s Terms of Use), or its Affiliates.
• Affiliates shall not create websites or advertisements that copy, imitate, or resemble the look and feel of Teachable’s Services.
• Affiliates shall not use traffic that is generated by, including, but not limited to, pay to click, pay to read, banner exchanges, click exchanges, cost-per-view advertising, pop-up/under, spam, purchased traffic, or similar methods without prior written consent from Teachable.
• Affiliates shall not use cookie stuffing techniques that set the tracking cookie without the potential customer actually clicking on the Affiliate’s referral link.
• Affiliates are responsible for ensuring their tracking codes are working properly before sending traffic to Teachable's servers. Any modification to the links is the sole responsibility of the Affiliate. Referral fees may be withheld, as determined in Teachable’s sole discretion, for tracking errors caused by editing, masking, redirecting or tampering with affiliate links.
• Affiliates shall not use redirected pages and links to send a potential customer to Teachable’s website.
• Affiliates shall not engage in domain forwarding (i.e. purchasing a domain and setting it to forward directly to Teachable’s website using an affiliate link).
• Affiliates shall not engage in the advertisement of business-opportunity websites or use marketing practices that attract fraudulent or short-term customers.
• Affiliates shall not engage in any marketing activity that may harm the reputation or credibility of Teachable, including but not limited to using low-quality marketing materials, or advertising on any website that promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or any illegal activities, or violates the intellectual property or other rights of a third party.
• Affiliates shall not send any email in violation of the federal CAN-SPAM statute, 15 U.S.C. 1571, et seq.
• Affiliates must include a physical mailing address and unsubscribe information for any marketing email sent promoting Teachable’s Services.
• Affiliates shall make clear that they, not Teachable, are the sender of all marketing communications related to the promotion of Teachable’s Services as part of the Affiliate Program.
• Affiliates shall not engage in any marketing or promotional activities that violate applicable laws, rules, or regulations.
• Affiliates shall not market using facsimile, broadcast, telemarketing, text message marketing, or other offline marketing methods regarding Teachable or Teachable’s Services without the express written consent of Teachable.
• Affiliates shall not use malware or spyware to market or promote Teachable’s Services.
• Affiliates shall not advertise Teachable as a free product.
• Coupons and Promotional Codes: Publishers may only use coupons and promotional codes that are provided exclusively through the Affiliate Program​
• Affiliates are strictly prohibited from generating, directing, or facilitating spam or automated traffic (bot traffic) to Teachable’s Platform, including but not limited to: (i) sending unsolicited bulk messages or promotional communications via email, social media, or any other digital channel; (ii) using automated scripts, bots, or artificial traffic generation methods to manipulate clicks, impressions, or conversions; and (iii) engaging in fraudulent or deceptive marketing practices that compromise the integrity of Teachable’s Platform and its Affiliate Program.

Any violation of these provisions may result in immediate termination of the affiliate’s participation in the program, forfeiture of unpaid fees, and potential legal action. Teachable reserves the right to investigate and take necessary enforcement measures to ensure compliance.

4. Termination

Teachable may, in its sole discretion, terminate your participation in the Affiliate Program at any time, with or without cause, and without warning or notice.

You may terminate your participation in the Affiliate Program at any time. You may discontinue your participation in the Affiliate Program by removing your affiliate links from your website and no longer promoting them. For accounting purposes, Teachable’s systems will retain Your account and personal information pursuant to our data retention policy. As part of a voluntary termination, any unpaid affiliate fees will be paid out on the Impacts platform, in contrast to the below involuntary termination.

You acknowledge and agree that you shall forfeit any and all rights to unpaid, accrued balances, if your participation in the Affiliate Program is terminated for the following reasons:

• breach of Teachable’s Terms of Use  these Terms of Service, or any other conduct that Teachable deems, in its sole discretion, to violate any applicable law, rule, or regulation;
• Teachable determines, in its sole discretion, that Affiliate’s accounts have generated a large number of fraudulent accounts or are associated with any false or misleading advertising or suspected fraudulent activity;
• conduct or activities that, in Teachable’s sole discretion, is considered to be unfair or damaging to Teachable’s business or reputation, including without limitation, committing any act which Teachable considers offensive, incendiary, racist, hateful, threatening, defamatory, or otherwise objectionable.
• the Affiliate’s account has been inactive for 6 consecutive months or you have been unresponsive to Teachable’s attempts at outreach for more than 3 consecutive months. Teachable will contact you using the contact information you have provided. It is your responsibility to update your contact information when it changes.

Upon termination, all rights granted to you shall immediately terminate.

5. Relationship between you and Teachable

Neither these Terms of Service nor your participation in the Affiliate Program creates any employment, independent contractor, agency, partnership, or joint venture relationship between you and Teachable.

6. Non-Disparagement

You acknowledge and agree that the primary purpose of your participation in the Summit is to promote the Teachable Platform, and that it shall be deemed a material breach of this Agreement if You, at any time during the term of this Agreement or thereafter, make any disparaging, false, misleading, or otherwise defamatory comment(s) about Teachable, and/or its employees, agents, directors, officers, affiliates, products, and/or services.

7. Release and Authorization to Use Photographs

You grant Teachable permission to use any and all photographs taken by you and submitted to Teachable (hereinafter “Photographs”) in any media (including, but not limited to, print, internet, film, television and no matter how distributed or published) for any purpose, including, but not limited to, advertising, promoting, and marketing of Teachable or any product or service sold and marketed by Teachable. You agree that this authorization to use Photographs may be assigned by Teachable to any other party, may be combined with other Photographs, sounds, text and graphics, and may be manipulated, cropped, altered or modified in Teachable’s sole discretion. You agree not to make any monetary assessment against Teachable in exchange for the release under this section. You hereby release and forever discharge Teachable from any and all liability and from any damages. You further acknowledge and agree that this release is binding upon Your heirs and assigns and that the release is irrevocable.

8. Assumption of Risk

You are solely responsible for ensuring that your participation in the Affiliate Program complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to participation in the Affiliate Program.

9. Release

You agree to release and hold harmless Teachable and its officers, directors, employees and agents from and against any claim or cause of action, including, but not limited to, injuries or damages, arising out of this Agreement.

10. Limitations of Liability

Teachable and its officers, directors, employees and agents shall not be liable for any special, direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever in any way due to, resulting from, or arising in connection with this Agreement.

‍11. Indemnification

You agree to indemnify, defend, and hold harmless Teachable, its present and future officers, directors, employees, agents, licensors, or suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by You or arising from or related to your use or misuse of the Affiliate Program.

12. Third Party Rights

The sections titled Limitation of Liability and Indemnification are solely for the benefit of Teachable and its present and future officers, directors, employees, agents, licensors, suppliers, and any third-party providers to the Sites. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on their own behalf. Except as set forth herein, nothing express or implied in these Terms of Service is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity. You may not assign your rights under these Terms of Service without Teachable's prior written consent.

13. Unlawful Activity; Termination of Access

Teachable reserves the right to investigate complaints or reported violations of these Terms of Service and to take any action it deems appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities. Teachable may discontinue your participation in the Affiliate Program at any time for any reason or no reason.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone participating in the Affiliate Program. YOU WAIVE AND HOLD HARMLESS TEACHABLE AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR AS A RESULT OF, ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

14. Remedies for Violations

Teachable reserves the right to seek all remedies available at law and in equity for violations of these Terms of Service.

15. Disputes/Governing Law:

Except where prohibited by law, You agree that any and all disputes, claims and causes of action arising out of or connected with this Agreement shall be resolved individually, without resort to any form of class action. You further irrevocably and unconditionally agree that all issues, questions, disputes, or any other disagreements of any kind regarding shall be governed by and construed in accordance with the laws of the State of New York without application or reference to the principles of conflicts of law, whether of the State of New York or any other jurisdiction. To the extent permitted by law, the parties hereby waive their right to a jury trial with respect to any and all claims and issues arising out of or relating to this agreement whether sounding in contract or tort.

YOU AND TEACHABLE EACH AGREE TO WAIVE ITS RIGHT TO TRIAL BY JURY AND THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF TEACHABLE AND ALL PARTIES TO ANY SUCH PROCEEDING.

16. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

17. Entire Agreement; Severability of Provisions; No Waiver

These Terms of Service constitute the entire agreement with respect to participation in the Affiliate Program. If any provision of these Terms of Service is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.

18. Changes to the Terms of Service

Teachable may review and update these Terms of Service at any time in our sole discretion and it is your responsibility to keep abreast of those changes. All changes are effective immediately when posted. Your continued participation in the Affiliate Program following the posting of revised Terms of Service means that you accept and agree to the changes which are binding on you, so please check this webpage periodically for updates.

19. Contact Us

If you have questions or concerns regarding these Terms of Service or the Affiliate Program, you may contact us at:

Teachable, Inc.
Convene, 9th Floor
WorkSuite #807
530 Fifth Avenue
New York, NY 10036

Email: affiliates@teachable.com