Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS WEBSITE. All users of this site agree that access to and use of this site
are subject to the following terms and conditions and other applicable law.
If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text,
graphics or code is copyrighted as a collective work under the United States
and other copyright laws, and is the property of CFI Distribution Inc.. The collective
work includes works that are licensed to CFI Distribution Inc.. Copyright 2003,
CFI Distribution Inc. ALL RIGHTS RESERVED. Permission is granted to electronically
copy and print hard copy portions of this site for the sole purpose of placing
an order with CFI Distribution Inc. or purchasing CFI Distribution Inc. products.
You may display and, subject to any expressly stated restrictions or limitations
relating to specific material, download or print portions of the material from
the different areas of the site solely for your own non-commercial use, or to
place an order with CFI Distribution Inc. or to purchase CFI Distribution Inc. products.
Any other use, including but not limited to the reproduction, distribution,
display or transmission of the content of this site is strictly prohibited,
unless authorized by CFI Distribution Inc.. You further agree not to change or
delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of CFI Distribution Inc. used in
the site are trademarks or registered trademarks of CFI Distribution Inc.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and
without warranties of any kind, whether express or implied. To the fullest extent
permissible pursuant to applicable law, CFI Distribution Inc. disclaims all warranties,
express or implied, including, but not limited to, implied warranties of merchantability
and fitness for a particular purpose and non-infringement. CFI Distribution Inc.
does not represent or warrant that the functions contained in the site will
be uninterrupted or error-free, that the defects will be corrected, or that
this site or the server that makes the site available are free of viruses or
other harmful components. CFI Distribution Inc. does not make any warrantees or
representations regarding the use of the materials in this site in terms of
their correctness, accuracy, adequacy, usefulness, timeliness, reliability or
otherwise. Some states do not permit limitations or exclusions on warranties,
so the above limitations may not apply to you.
Limitation of Liability
CFI Distribution Inc. shall not be liable for any special or consequential damages
that result from the use of, or the inability to use, the materials on this
site or the performance of the products, even if CFI Distribution Inc. has been
advised of the possibility of such damages. Applicable law may not allow the
limitation of exclusion of liability or incidental or consequential damages,
so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a CFI Distribution Inc. product is mistakenly listed at an incorrect
price, CFI Distribution Inc. reserves the right to refuse or cancel any orders
placed for product listed at the incorrect price. CFI Distribution Inc. reserves
the right to refuse or cancel any such orders whether or not the order has been
confirmed and your credit card charged. If your credit card has already been
charged for the purchase and your order is cancelled, CFI Distribution Inc. shall
issue a credit to your credit card account in the amount of the incorrect price.
Term: Termination
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and conditions,
or any part of them, may be terminated by CFI Distribution Inc. without notice
at any time, for any reason. The provisions relating to Copyrights, Trademark,
Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall
survive any termination.
Notice
CFI Distribution Inc. may deliver notice to you by means of e-mail, a general
notice on the site, or by other reliable method to the address you have provided
to CFI Distribution Inc..
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state
of California, U.S.A., without regard to choice of law provisions, and not by
the 1980 U.N. Convention on contracts for the international sale of goods. You
agree that jurisdiction over and venue in any legal proceeding directly or indirectly
arising out of or relating to this site (including but not limited to the purchase
of CFI Distribution Inc. products) shall be in the state or federal courts located
in Los Angeles County, California. Any cause of action or claim you may have
with respect to the site (including but not limited to the purchase of CFI Distribution Inc.
products) must be commenced within one (1) year after the claim or cause of
action arises. CFI Distribution Inc.'s failure to insist upon or enforce strict
performance of any provision of these terms and conditions shall not be construed
as a waiver of any provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify any of these terms and conditions.
CFI Distribution Inc. may assign its rights and duties under this Agreement to
any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or
by use of obscene or abusive language, is strictly forbidden. Impersonation
of others, including a CFI Distribution Inc. or other licensed employee, host,
or representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the site any
content which is libelous, defamatory, obscene, threatening, invasive of privacy
or publicity rights, abusive, illegal, or otherwise objectionable which may
constitute or encourage a criminal offense, violate the rights of any party
or which may otherwise give rise to liability or violate any law. You may not
upload commercial content on the site or use the site to solicit others to join
or become members of any other commercial online service or other organization.
Participation Disclaimer
CFI Distribution Inc. does not and cannot review all communications and materials
posted to or created by users accessing the site, and is not in any manner responsible
for the content of these communications and materials. You acknowledge that
by providing you with the ability to view and distribute user-generated content
on the site, CFI Distribution Inc. is merely acting as a passive conduit for such
distribution and is not undertaking any obligation or liability relating to
any contents or activities on the site. However, CFI Distribution Inc. reserves
the right to block or remove communications or materials that it determines
to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading,
(c) in violation of a copyright, trademark or; other intellectual property right
of another or (d) offensive or otherwise unacceptable to CFI Distribution Inc.
in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless CFI Distribution Inc., its officers,
directors, employees, agents, licensors and suppliers (collectively the "Service
Providers") from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of these terms and
conditions or any activity related to your account (including negligent or wrongful
conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, CFI Distribution Inc.
may link to sites operated by third parties. However, even if the third party
is affiliated with CFI Distribution Inc., CFI Distribution Inc. has no control over
these linked sites, all of which have separate privacy and data collection practices,
independent of CFI Distribution Inc.. These linked sites are only for your convenience
and therefore you access them at your own risk. Nonetheless, CFI Distribution Inc.
seeks to protect the integrity of its web site and the links placed upon it
and therefore requests any feedback on not only its own site, but for sites
it links to as well (including if a specific link does not work).
Terms: Affliate
The term of this Agreement will begin upon your acceptance of our Affiliate
application and will terminate at the end of enrollment period of one year.
You, the affiliate, will have the option to renew this Agreement or a modification
of this Agreement as long as CFI Distribution Inc. (“Company”) offers
this program. Either you or we may terminate this Agreement before the expiration
of the enrollment period, with or without cause, by giving the other party written
notification. You are only eligible to earn commissions on sales occurring during
the term.
Modification
We may modify any of the terms and conditions contained in this Agreement,
at any time and in our sole discretion, by posting a change notice or a new
agreement on this site. Modifications may include but are not limited to,
changes in the commission structure, payment procedures and program rules.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE
THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR
POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING
ACCEPTANCE OF THE CHANGE.
Limitation of Liability
We will not be liable for indirect, special or consequential damages, or any
loss of revenue, profits or data, arising in connection with this Agreement
or the Company, even if we have been advised of the possibility of such damages.
Further, our aggregate liability arising with respect to this Agreement and
as a result of the Program will not exceed the total commissions paid or payable
to you under to this Agreement.
Independent Investigation
You acknowledge that you have read this Agreement and agree to all its terms
and conditions. You understand that we may at any time (directly or indirectly)
solicit customer referrals on terms that may differ from those contained in
this Agreement. You have independently evaluated the desirability of participating
in the Program and are not relying on any representation, guarantee or statement
other than as set forth in this Agreement.
Jurisdiction
The laws of the United States and the State of Delaware will govern this Agreement,
without reference to rules governing choice of laws. Any action relating to
this Agreement must be brought in the federal or state courts located in Delaware,
and you irrevocably consent to the jurisdiction of such courts. You may not
assign this Agreement, by operation of law or otherwise, without our prior
written consent. Subject to that restriction, this Agreement will be binding
on, inure to the benefit of and be enforceable against the parties and their
respective successors and assigns. Our failure to enforce your strict performance
of any provision of this Agreement will not constitute a waiver of our right
to subsequently enforce such provision or any other provision of this Agreement.
Linking
If the subscriber has a website, Company will provide you with links, including
URL addresses and appropriate graphics (the Link Materials), with which you
may link your Web site to our Web site (www.cfipilot.com or such other Web
site(s) as we may establish from time to time). Details on accessing these
Link Materials are set out in the Affiliate Network Description below. If
you are an approved Affiliate, we grant you a non-exclusive limited license
solely to reproduce and use these Link Materials, including our trademarks
to the extent they are incorporated into these Link Materials, only while
you are an Affiliate and only in accordance with the terms and conditions
of this Agreement. You agree to display the Link Materials appropriately on
your Web site and to respect our trademarks, service marks, and other rights
in the Link Materials. You will use only these Link Materials to link your
Web site to ours, and you will not alter the look or feel of these Link Materials
or of our Web site in any way. You will use reasonable efforts to update to
new versions of Link Materials as we make them available.
Collateral Material
We will provide you with an online catalog for you or your students to print.
In addition, we will provide printed catalogs for distribution twice per year.
Requests for catalog can be e-mailed or faxed to us for distribution.
Paying Commissions
We shall pay you 5% of the total price for each product.
A commission will only be credited to an affiliate after the customer has
made full payment to the Company. If a customer later requests a refund or
a chargeback is issued by the credit card holder whose credit card was used
to pay for that customer's account, any commissions that were credited to
affiliates will be deducted from the next monthly payment. If there is no
next monthly payment, the affiliate will be billed and hereby agrees to be
bound by law to reimburse Company in full for any such commissions.
Only affiliates who are approved by us at the time of receipt of a customer
offer(s) will be eligible for payment under this Agreement.
Payments will be made on a monthly (calendar year) basis to each affiliate
having an accrued balance of $50.00 or greater. Balances of less that $50.00
will be credited towards the next calendar month. This will continue until
the commissions accumulate to more than $50.
Checks will be mailed shortly after the 10th of every month for payments due
up to the last day of the previous month. Company will not entertain any requests
for different payment modes or payment to be made according to some other
time schedule. It is the sole responsibility of affiliates to keep Company
updated via their private affiliate's administration area of any changes in
contact information. If a payment fails to reach an affiliate due to an affiliate's
failure to update contact information, Company reserves the right to consider
the commission as being paid and is not bound to issue a second payment for
that commission in question.
B. Scope of Commissions
Residual Commisions will continue to be paid based upon the three
tier commission schdeule for THE LIFETIME OF THE CFI who: 1) renews their
annual service fees; 2) are deemed to be in good standing with the Company;
and 3) maintain a current flight and/or ground instructor certificate(s).
If the student changes his/her CFI and the new CFI elects to not participate
in this affiliate program then the former CFI will still receive commissions.
If the student changes his/her CFI and the new CFI joins the affiliate program,
the new CFI will receive commissions for all future purchases made by the
student and the former CFI will no longer receive commissions from the purchases
of his/her former student. If the student is directed to the cfipilot.com
through their instructor a commission will be paid on the sale provided the
student has the instructors complete details when completing the online order
form. Sharing and or splitting of commissions by CFI’S are not allowed.
As an independent contractor, you will be solely and entirely responsible
for any and all taxes and/or other fees or obligations associated with the
receipt of your payment under this Agreement.
Payments will be issued via check only, and made payable to the affiliate in
the name the affiliate submits in his or her application, and mailed to the
mailing address provided by the affiliate.Company reserves the right to change
the terms of the above stated referral commissions and payment procedures at
any time. Any such change will take immediate effect and will be binding on
all affiliates regardless of when the affiliate first joined the program.
Tracking
A. Banner Ads, Links, etc. for the General Pilot Population
Company will be solely responsible for tracking sales using special software
that communicates with the specially encoded URLs assigned to affiliates.
The Company will endeavor to do its best to ensure accurate tracking of referrals
made by affiliates. Affiliates will themselves be solely responsible for ensuring
that these special URLs are formatted properly, a necessary prerequisite to
accurate tracking of referral sales. Notwithstanding the above statement of
responsibility by Company to track sales, affiliates hereby acknowledge and
accept that the tracking system employed by Company is not 100% fail-safe
and that there may on occasion be instances of referral sales made that are
not credited to an affiliate for any of the following possible reasons: Failure
by the affiliate to use the proper format of the specially assigned URL in
promotions, web page links, banner ads, and so on. Deliberate or accidental
actions by customers to circumvent an affiliate's special URL so that our
software is unable to accurately track that sale. Bugs, glitches or crashes
of the tracking software that render it unable to accurately track sales for
a period of time. Acts of nature that cause irretrievable data loss on the
computers and back-up disk media that store the commission information. As
such, affiliates will not hold Company liable to compensate for any claimed
commissions that were not tracked and recorded by the tracking software due
to acts described above.
B. Your Students
The company maintains sales management and accounting software to keep track
of sales for each student associated with your certified flight instructor
number.
Relationship/Responsibilities
You will be solely responsible for the development, operation, and maintenance
of your own website and for all materials that appear on your site. For example,
you will be solely responsible for:
The technical operation of your site and all related equipment
The accuracy and appropriateness of materials posted on your site (including,
among other things, all product-related materials)
Ensuring that materials posted on your site do not violate or infringe upon
the rights of any third party (including, but not limited to: copyrights,
trademarks, privacy, or other personal or proprietary rights)
Ensuring that materials posted on your site are not libelous or otherwise
illegal.
We disclaim all liability for these matters. Further, you will indemnify and
hold us harmless from all claims, damages, and expenses (including, without
limitation, attorneys' fees) relating to the development, operation, maintenance,
and contents of your site.
Relationship of Parties
You are an independent contractor, and nothing in this Agreement will create
any partnership, joint venture, agency, franchise, sales representative, or
employment relationship between the parties. You will have no authority to
make or accept any offers or representations on behalf of the Company. You
will not make any statement, whether on your site or otherwise, that would
contradict anything in this Section.
www.cfipilot.com may cite your name or URL in connection with your participation
in the program in materials including but not limited to postings on our website,
newsletters, advertisements, and other communications.
Our Responsibilities
The Company will be responsible for providing all information necessary to
allow you to make appropriate Links from Your Site to Our Site. We will be
solely responsible for processing every order placed by a customer following
a Link from Your Site, and tracking the number and amount of sales generated
by the Link from Your Site. This information will be provided to you regarding
sales statistics. Also, we will be responsible for credit card authorizations,
payment processing, cancellations, returns, and related customer service.
Reports of Sales
You will be given a password and have the ability to enter a password-protected
site to receive your sales statistics on a daily basis.
Enrollment in the Program
To begin the enrollment process, you will submit an application via our site.
We will evaluate your application in good faith and will notify you of your
acceptance or rejection. We may reject your application if we determine (at
our sole discretion) that your site is unsuitable for the Program. Your site
should:
Generate sufficient traffic to our websites
Not promote sexually inappropriate materials
Not promote violence
Not promote discrimination based on race, sex, religion, nationality, disability,
sexual orientation, or age
Not promote illegal activities
Not violate the intellectual property rights of cfipilot.com
If we reject your application, you are welcome to reapply to the Program at
any time. You should also note that if we accept your application and your
site is thereafter determined (at our sole discretion) to be unsuitable for
the Program, we may terminate this Agreement.
Service Fee
The first year fee is waived for all new Certified Flight Instructors to the
Program.
The annual service fee is $49. This fee covers all administrative and sales
costs associated for each certified flight instructor.
The service fee is due in order to maintain the affiliate relationship and
receive commissions.
Web Hosting and E-mail Service
CFI Distribution Inc. offers web hosting for those CFI’s who wish to
expand their student base and increase revenue for $29 per month. Participation
in our web hosting services will secure 5 e-mail addresses in the following
format, yourname@ipilotweb.com or yourname@epilotweb.com.
The Affiliate Union
The Affiliate Union is a loose collaboration of affiliates (web publishers),
affiliate marketers, merchants and affiliate solution providers. Together,
they are working to establish a "certification standard" to reduce
fraud and deception against affiliates by some online merchants. This group,
based upon the "open standards committee" tradition of the Internet,
has charged itself with:
• Developing this certification standard
• Establishing an infrastructure for the review, certification and de-certification
of merchants under that standard
• The promotion of that standard as a "must have" before joining
an affiliate program.
The Affiliate Union has developed a set of standards that are acceptable to
both Affiliates and merchants and speak to the needs of both parties. At their
site, you can view drafts of agreements and clauses to use in your Affiliate
Agreement. Plus - you'll find links to individuals and companies you may be
able to hire or call on to help you complete your agreement.
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