Terms of Service
Date: Sun, 10 March, 2019
TERMS OF SERVICE
Please read the entire statement.
Please note that throughout this Agreement, "I," “my” and "me" refer to Jennifer Willemsen, and "you," "your," and "yours" refer to you, as potential User of my Thinkific website.
- Article 1: Account Terms
- Article 2: Account Activation
- Article 3: General Conditions
- Article 4: Jennifer Willemsen Rights
- Article 5: Limitation of Liability
- Article 6: Intellectual Property
- Article 7: Purchases
- Article 8: Hyperlinks
- Article 9: Cancellation and Termination
- Article 10: Modifications to the Service and Prices
- Article 11: Optional Content and Tools
- Article 12: Applicable Law and Competent Court
- Article 13: Return Policy
- Article 14: Effective Date and Updates
1. Account Terms
1.1 - You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
1.2 - You must provide your full legal name, current country of residence, a valid email address, and any other information needed in order to complete the signup process.
1.3 - You acknowledge that I will use the email address you provide as the primary method for communication.
1.4 - You are responsible for keeping your password secure. I cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
1.5 - You are responsible for all activity and content such as videos, files, data, graphics, photos and links that is uploaded under your Thinkific account (“Course Content”). You must not transmit any worms or viruses or any code of a destructive nature.
1.6 - A breach or violation of any term in the Terms of Service as determined in the sole discretion of me will result in an immediate termination of your account.
2. Account Activation
2.1 - The person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
3. General Conditions
3.2 - Questions about the Terms of Service should be sent to email@example.com.
3.3 - You understand that your Credit Card information is always encrypted during transfer over networks.
4. Jennifer Willemsen Rights
4.1 - I reserve the right to modify or terminate my product(s) and/or services for any reason. If this is the case, I will communicate this well in advance.
4.3 - Verbal or written abuse of any kind (including threats of abuse or retribution) of any User of my Thinkific website will result in immediate account termination.
4.4 - In the event of a dispute regarding account ownership, I reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your government issued photo ID, the last four digits of the credit card on file, etc.
4.5 - I retain the right to determine, in my sole judgment, rightful account ownership and transfer an account to the rightful owner. If I am unable to reasonably determine the rightful account owner, I reserve the right to temporarily disable an account until resolution has been determined between the disputing parties.
5. Limitation of Liability
5.1 - Your use of any of my product(s) and/or services is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory. In extent, I shall not be liable for any psychological disruption possibly triggered by the use of any of my product(s) and/or services.
5.2 - I take reasonable precautions and follow industry best practices to make sure my product(s) and/or services run smoothly and safe, but I do not warrant that the use of my product(s) and/or services will be uninterrupted, timely, secure, or error-free.
5.3 - I do not warrant that the results that may be obtained from the use of any of my product(s) and/or services will be accurate or reliable. The results of my product(s) and/or services are completely dependent on your own effort and dedication.
5.4 - I do not warrant that the quality of any of my product(s) and/or services, information, or other material purchased or obtained by you through my Thinkific website will meet your expectations, or that any errors in the use of any of my product(s) will be corrected.
5.5 - You expressly understand and agree that I shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of any of my product(s) and services, including participation in my Affiliate Program.
5.6 - In no event shall I be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with my Thinkific website, any of my product(s) and/or services or this agreement (however arising including negligence). You agree to indemnify and hold me and (as applicable) my affiliates harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference or your violation of any law or the rights of a third party.
5.7 - I am only liable if and insofar as stated in this article. I am only liable for an attributable shortcoming in the fulfillment of the agreement if you give me, without delay, sound and written notice of default, hereby grant me a term to rectify the imputable shortcoming and after the expiration of this reasonable term I still have an accountable shortage.
5.8 - If there is already evidence of liability on my part, this liability for damage is limited to the agreed price within the framework of this agreement.
5.9 - I am only liable for direct damage. Indirect damage, including consequential loss, lost profit, missed savings or other damage is excluded. Any liability expires after 1 year from the moment the agreement is completed.
5.10 - You indemnify me against all third-party claims, including the (reasonable) costs of legal assistance, which arise in any way from the agreement between you and me, except for intent or gross negligence on my side.
5.11 - Deficiencies in the fulfillment of the agreement can not be attributed to me if they are not due to my fault, nor by virtue of the law, the agreement or generally accepted opinions for my account (force majeure).
6. Intellectual Property
6.1 - I claim all intellectual property rights over the material I provide on my Thinkific website.
6.2 - By signing up to my Thinkific website and/or by purchasing any of my products, you: (a) are allowed to view the content you have access to; (b) are allowed to download or print the content you have access to; and (c) that are not allowed to distribute the content you have access to.
6.3 - We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
7.1 - All product and service prices are inclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
7.2 - In respect of your purchase of any of my product(s) and services, I will attempt during the purchase process to verify your location, using a Third Party Service (Quaderno) and will not charge you tax on top of your purchase.
8.1 - Links to external websites are provided solely as a convenience to you. I have not reviewed all of these external websites, do not control and are not responsible for any of these sites or their content. If you decide to access any of the external websites linked to my Thinkific website, you do so entirely at your own risk.
9. Cancellation and Termination
9.1 - You may cancel your account at anytime by emailing firstname.lastname@example.org and then following the specific instructions indicated to you in my response.
9.2 - Once cancellation is confirmed, all access to any of your previous purchased product(s) and/or services on my Thinkific website, will be immediately unavailable. Since deletion of your account is final and irreversible, please be sure that you do in fact want to cancel your account before doing so.
9.3 - I reserve the right to modify or terminate my Thinkific website, any of my product(s) and/or services for any reason, at any time. If this is the case, I will communicate this well in advance so you are able to take personal measures regarding content preservation.
9.4 - Fraud: Without limiting any other remedies, I may suspend or terminate your account if I suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with my Thinkific website.
10. Modifications to the Service and Prices
10.1 - I reserve the right to change any of the prices of my product(s) and/or services at any time. If you are on a payment plan, the initial price that you agreed with is leading.
10.2 - I reserves the right at any time to modify or discontinue, any of my product(s) and/ or services (or any part thereof) with or without notice.
10.3 - I shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any of my product(s) and/or services.
11. Optional Content and Tools
11.1 - I may provide you with access to third party content and tools over which I neither monitor nor have any control or input.
11.2 - You acknowledge and agree that I provide access to such content and tools ‘as is’ without any warranties, representations or conditions of any kind and without any endorsement. I shall have no liability whatsoever arising from or relating to your use of optional third party content and tools.
11.3 - Any use by you of optional content and tools offered through my Thinkific website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which content and tools are provided by the relevant third party provider(s).
12. Applicable Law and Competent Court
12.1 - This Terms of Service is subject exclusively to Dutch law.
12.2 - The nullity of one or more of the stipulations of this Terms of Service will not affect the validity of the remaining stipulations.
12.3 - The headings and titles contained in this Terms of Service are included for convenience only, and shall not limit or otherwise affect the terms of this Terms of Service.
12.4 - Any disputes concerning the Terms of Service which cannot be settled amicably by me and you, can be brought before the competent Court in Gelderland (Arnhem), unless I choose to bring the case before the Court that would have been competent to handle the dispute in the absence of this article.
13 - Return Policy
13.1 - I will grant you 14 days to judge if your purchase is satisfactory. If, for some reason, you have changed your mind about your purchase, you can let me know by email at email@example.com. Upon confirmation of your email, I will refund your money within 14 days.
14. Effective Date and Updates
14.1 - The Terms of Service are effective as of March 10th, 2019 and are subject to change without notice by me at any time. Please check for changes regularly. Your use of my Thinkific website after such changes constitutes your agreement to such changes.
Affiliate Program Agreement
Date: Sun, 10 March, 2019
My affiliates are very important to me. I will do my best to treat you with the fairness and respect you deserve. I simply ask the same consideration of you. So please bear with me as I take you through this legal formality.
Please read the entire agreement. This is a legal agreement between you and me, Jennifer Willemsen.
By logging in to my Thinkific website, using the email and password I provided you with, you are agreeing that you have read and understand the terms and conditions of this Affiliate Agreement and that you agree to be legally responsible for each and every term and condition.
- Article 1: Overview
- Article 2: Registration and acceptance
- Article 3: Access to Affiliate Dashboard Menu
- Article 4: Affiliate Obligations
- Article 5: Jennifer Willemsen Rights and Obligations
- Article 6: Promotion Restrictions
- Article 7: Payment
- Article 8: Commission/Rates
- Article 9: Ending the Collaboration
- Article 10: Consequences of Ending the Collaboration
- Article 11: Modification
- Article 12: Liability
- Article 13: Confidentiality
- Article 14: Miscellaneous
- Article 15: Intellectual Property
- Article 16: Applicable law and competent court
This Agreement contains the complete terms and conditions that apply to you becoming an Affiliate for my Affiliate Program. The purpose of this Affiliate Agreement is to allow HTML linking between your online spaces (website(s), social network account(s) and other, from now on refer to as ‘online spaces’) and https://jenniferwillemsen.thinkific.com/. Please note that throughout this Agreement, "I," “my” and "mine" refer to Jennifer Willemsen, and "you," "your," and "yours" refer to the Affiliate.
2. Registration and acceptance
2.2 - In order to sign up as a Affiliate, you must be 18 years or older.
2.3 - My Affiliate Program is invite and/or request based only, which means that all applications will be evaluated. I may deny your application if I determine that your online presence (including social network accounts, websites, etc.) is unsuitable for my Affiliate Program, including if you:
- Promote sexually explicit materials
- Promote violence
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promote illegal activities
- Incorporate any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
- Are, in my opinion, in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially.
- Don’t match the mission and/or vision of my product(s)
2.4 - When I have approved your request to enter the Affiliate Program, you will receive a personal email confirming:
- The URL for my Thinkific website
- The email address associated with your user account
- The password I created for you
Using the above mentioned information, you will be able to sign into my Thinkific website and get started with your Affiliate activities.
3. Access to Affiliate Dashboard Menu
As a member of my Affiliate Program, by signing into my Thinkific website, you will have access to your Affiliate Dashboard Menu.
Here you will be able to review:
- General Affiliate Information
- Your Affiliate Link(s)
- Financial Reports
You can find an Introduction to your Affiliate Dashboard Menu here.
4. Affiliate Obligations
4.1 - In order for me to accurately keep track of all guest visits from your online spaces to mine, you must use the affiliate link I provide you with.
4.2 - It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your online spaces. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. I will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third party rights.
5. Jennifer Willemsen Rights and Obligations
5.1 - I reserve the right, at any time, to review your placement and approve the use of your Affiliate Link(s) and require that you change the placement or use to comply with the guidelines provided to you.
5.2 - I have the right to monitor your online spaces at any time to determine if you are following the terms and conditions of this Affiliate Agreement. I may notify you of any changes to your online spaces that I feel should be made, or to make sure that your Affiliate Link(s) to my Thinkific website are appropriate and to notify further you of any changes that I feel should be made. If you do not make the changes to your site that I feel are necessary, I reserve the right to terminate your participation in my Affiliate Program.
5.3 - I reserves the right to terminate this Affiliate Agreement and your participation in my Affiliate Program immediately and without notice to you should you commit fraud in your use of my Affiliate Program or should you abuse this Affiliate Program in any way. If such fraud or abuse is detected, I shall not be liable to you for any commissions for such fraudulent sales.
5.4 - This Affiliate Agreement will begin when you create an account on my Thinkific website, using the login information I provided you with per email, and will continue unless terminated hereunder.
5.5 - I have the right to change my product price(s) at any time without having to communicate with and without needing permission from you, as a member of my Affiliate Program.
6. Promotion Restrictions
6.1 - You are not prohibited from keying in prospect’s information into the course sign-up forms as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in my product(s).
6.2 - You shall not be permitted to use the material supplied and the data obtained for actions or conduct which are in conflict with the Dutch Advertising Code or this Affiliate Agreement. This will include, but is not restricted to, the following actions and conduct:
- Sending unsolicited e-mail as defined in the Telecommunications Act;
- Unsolicited and unwanted placing of a notification in news groups, fora, or in reaction to a blog;
- Violation of work protected by copyright or any other action which is in conflict with intellectual property rights held by a third party;
- Misleading any third party;
- Misusing text, logos, brand names or information from Advertisers;
- Offering payment and/or discounts directly to Users for engaging in Transactions with me, without the express approval of me;
- Using my brand and/or trade names in search engines or in keyword marketing.
6.3 - Some examples of content displayed within your online spaces that is not permitted are listed below:
- Content of an pornographic or violent nature;
- Content which discriminates by race, gender, religion or philosophy of life;
- Content that develops, promotes or praises illegal activities;
- Content that harms the good name and reputation of me and my product(s);
- Content that violates the copyright, trademark or other entitlements of me or any third party.
6.4 - At all times, you must clearly represent yourself and your online spaces as independent from me and my product(s). If it comes to my attention that you are spamming or violating any of the rules described in this Affiliate Agreement, I will consider that cause for immediate termination of this Affiliate Agreement and your participation in my Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
7.1 - I use third parties to handle all of the tracking and payment. The third party is PayPal. Kindly review the network’s payment terms and conditions.
7.2 - As a rule, the payment of all credits that are earned within one month, takes place around the 5th day of the month, to your PayPal account. Example: the payment of all credits earned between 1-31 March, takes place around the 5th of April.
7.3 - Any residual credit balance payable to you at the end of the agreement will be paid to you.
7.4 - Your Affiliate Account will be closed, if no credit balance whatsoever is achieved over a period of six months. Extension of the Affiliate Agreement will be at my discretion. In the event that the accumulated credit threshold for payment has not been achieved within one year, the account will be closed and the accumulated credit balance will be paid. You, the Affiliate, may submit a request to extend the Agreement within a period of one month following closure of an account in writing.
8.1 - You, the Affiliate, may claim commission, provided that:
- The commission has been earned in a regular manner and is not in conflict with the General Terms and Conditions nor this Affiliate Agreement nor the normal standards of fairness and reasonableness;
- The commission has been assigned to you. I may decide that you may not claim the relevant commission in the event that the User, for any reason determined by me, has been eligible for a refund. In that event, you will receive no commission;
- Thinkific has recorded a click on your Affiliate Link(s) and payment is due for each click.
8.2 - When a User first visits my Thinkific website, Thinkific drops a cookie on to their browser. If they reached my Thinkific website via your Affiliate Link(s), the cookie that's dropped will remember this information. When an User created an account on my Thinkific website, they will have your referrer code attached to their user profile if the cookie is present. Any future purchases for all time by this User will be credited to you. If by chance the User visits my Thinkific website but doesn't sign up right away, the cookie will last for 30 days. If the User clears their cookies or uses a different browser the cookie will be lost.
Clarity: the cookie from the first visit must be present when the User signs up or purchases a product in order for you to receive credit. Once the User signs up and the association is established on the User's profile, the cookie is redundant and you will receive credit for any future purchases. If a User that comes through your Affiliate Link(s) does not sign up or purchase within 30 days, but comes back after 30 days to sign up or purchase you are not credited any commission.
If a User coming to my Thinkific website via your Affiliate Link(s) had previously created an account or made a purchase, before clicking on your Affiliate Link(s), any new purchases made will not be associated with you. This is true regardless of whether or not the User was previously associated to any affiliate or not. If they had previously made an account they cannot be counted toward a new affiliate.
8.3 - Approval of Transactions is at the my discretion and will be based on criteria drawn up in advance by me. I will monitor you to ensure that approvals are completed in a conscientious and timely fashion. Validated orders may not be cancelled by me, except in exceptional circumstances (such as misuse by third parties).
8.4 - The recorded clicks and Transactions shown on my Thinkific website dashboard are binding for me and for you.
9. Ending the Collaboration
9.1 - I shall, at all times, be entitled to end the collaboration with you, for reasons of its own, taking account of a notice of two (2) working days. You shall, at all times, be entitled to end the collaboration with me, for reasons of its own, taking account of a notice of 2 (two) working days. As long as you use your Affiliate Link(s) all rules of this Affiliate Agreement apply.
9.2 - If your Affiliate Account has been inactive for a period of 6 months or longer, you will receive a written notice informing you that your Affiliate Account is deleted. In addition, this Affiliate Agreement will terminate immediately upon any breach of this Affiliate Agreement by you.
9.3 - Without prejudice to my remaining entitlements, I shall be entitled to end the collaboration with you with immediate effect in the event that:
- You fall short in meeting your obligations or acts in conflict with Article 6;
- I am of the opinion that your online spaces, where you expose your Affiliate Link(s), could constitute a breach of public order or decency or could be shocking or violent in any way whatsoever;
- I may suffer damage because of it in any way;
9.4 - The collaboration between you and I will end by right in the event that:
- My relevant Affiliate Program has been stopped;
- The Affiliate Agreement between you and me has been terminated.
10. Consequences of Ending the Collaboration
10.1 - In the event that the collaboration between you and me is ended, for whatever reason, then:
- Your Affiliate Link(s) will be disconnected;
- You may make no (further) claims to commissions;
- You will immediately remove your Affiliate Link(s) from your website and/or social channels
10.2 - Exclusively in cases where the collaboration is ended in accordance with Article 9.1, Article 9.4 and/or Article 10.4, you may claim payment of Commission relating to clicks or Transactions completed before the end date, in accordance with the conditions of Article 7 and Article 8.
10.3 - Without prejudice to the requirements of Article 10.2 and Article 12, me and you may make no claim for payment from the other party in connection with the ending of the collaboration, and the parties hereby waive any entitlement to any compensation and/or damages in relation to the ending of the collaboration.
11.1 - I may modify any of the terms and conditions in this Affiliate Agreement at any time. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and my Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Affiliate Agreement. Your continued participation in my Affiliate Program following the posting of the change notice or new Affiliate Agreement on my Thinkific website will indicate your agreement to the changes.
12.1 - You shall be fully responsible and liable for the development, maintenance and performance of all onlines spaces where you expose your Affiliate Link(s), including website(s), social media channel(s) and/or e-mail or marketing activities, as well as its content. You shall be liable for any damage suffered by me as a consequence of any shortcomings on your part, except where there is no intent or serious misconduct.
12.2 - I shall not be liable, under any circumstances, for direct or indirect damage suffered and/or costs incurred by you in connection with participation in my Affiliate Program, except in the case of intent or serious misconduct.
12.3 - You hereby undertake to meet all obligations imposed by fiscal legislation and indemnify me against all claims on that subject.
12.4 - I shall not be liable for the content provided by you. It remains your responsibility to create and/or distribute it. In the event that I am is held liable by third parties in connection with your content, then you, as creator of the situation shall assume liability for this from me, indemnifying me on the subject. Costs incurred by me in connection with claims of liability by third parties, such as the costs of legal assistance, shall be compensated in full by you.
12.6 - Any attempt to manipulate my Affiliate Program in any way whatsoever will automatically lead to immediate blocking of you. All claims to any accrued credit balances will thereby become invalid. Any damage suffered will be recovered from you.
12.7 - I cannot be compelled to comply with my obligations resulting from this Affiliate Agreement, if and as far as such compliance is hindered by external factors, such as a fault in Thinkific’s network (whether or not caused by external influences, human error, etc.) or an interruption of operations.
13.1 - Prior to, during and following the termination of this Affiliate Agreement with me, you shall refrain from making any statement to any third party or from providing any such third party with information relating to the methods and techniques used and the data provided by me and Thinkific, all to be interpreted in the broadest sense of the word.
14.1 - You shall give no undertaking nor enter into any obligations for or on behalf of me.
14.2 - You shall not be entitled to transfer (part of) its rights to a third party through collaboration without written approval from me.
14.3 - I shall be entitled to amend this Affiliate Agreement at any time. You will be informed of such action by electronic means. You shall be entitled to end the collaboration in the event that the amended Affiliate Agreement is not acceptable to you. If you do not initiate the ending of the collaboration within 14 days, you shall be deemed to have accepted the amended Affiliate Agreement.
14.4 - If any stipulation of this Affiliate Agreement is in conflict with the applicable law, then this stipulation shall be amended so that it is brought into compliance with the applicable law, taking account of the scope of the relevant stipulation.
14.5 - You expressly states that you are aware of the legislation in the country where the promotion takes place regarding the distribution of advertising relating to my product(s). You indemnify me against any legal claims which could be related to the distribution of your advertising messages.
14.7 - No company existing as a legal entity shall be formed as a result of this agreement. This Affiliate Agreement does not regulate any labour relationship, trading agency relationship, representative relationship or appointment relationship and, therefore, do not authorise any of the parties to issue any legal declarations on behalf of one or more of the relevant parties, or to oblige any party to act in any way whatsoever or to represent them.
15. Intellectual Property
15.1 - I claim all intellectual property rights over the material I provide on my Thinkific website.
15.2 - By signing up to my Thinkific website and/or by purchasing any of my products and/or services, you: (a) are allowed to view the content you have access to; (b) are allowed to download or print the content you have access to; and (c) that are not allowed to distribute the content you have access to.
15.3 - We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
16. Applicable Law and Competent Court
16.1 - This Affiliate Agreement is subject exclusively to Dutch law.
16.2 - The nullity of one or more of the stipulations of this Affiliate Agreement will not affect the validity of the remaining stipulations.
16.3 - The headings and titles contained in this Affiliate Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Affiliate Agreement.
16.4 - Any disputes concerning the Affiliate Agreement which cannot be settled amicably by me and you, can be brought before the competent Court in Gelderland (Arnhem), unless I choose to bring the case before the Court that would have been competent to handle the dispute in the absence of this article.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information I have about you, register a complaint, or simply want more information in regards to this Affiliate Agreement, contact me by mail at firstname.lastname@example.org.