Affiliate Program Terms & Conditions

• "Business Day" means any day other than Saturday or Sunday that is not a bank or public holiday;
• "Cancellations Policy" means our cancellations policy which can be found at www.built-environment.org/terms;
• "Commencement Date" means the date of your acceptance;
• "Commission Rate" means the percentage of commission paid on net sales revenue set out in Sub-clause 11.2;
• "Confidential Information" Third-party Cookies are not placed by Us; instead, they are placed by third parties that provide services to Us and/or to you. Third-party Cookies may be used by advertising services to serve up tailored advertising to you on Our Site, or by third parties providing analytics services to Us (these Cookies will work in the same way as analytics Cookies described above).
• "Current Term" means the Term that the Parties may be in at any given time;
• "Direct Referral" means a sale of a Service Package to a customer who has been led to our website through your website where that customer can be tracked directly from your site to ours without any further intermediaries;
• "Intellectual Property Rights" means any rights subsisting in a copyright work, trade mark, patent or design and shall be construed in accordance with the Copyright Designs and Patents Act 1988, Trade Marks Act 1994 and Patents Act 1977;
• "Net Sales Revenue" means the gross sales revenue generated from Direct Referrals, excluding refunds, discounts, chargebacks, taxes, and any other applicable deductions;
  
• "Registered Email Address" means the email address of the Affiliate as provided in your Registration Data;
• "Registration Data" means the information provided by the Affiliate when registering for enrolment in the Program;
• "Service Package" means a particular set of services available from us through our website as defined in Clause 7; and
• "Term" means the term of the Agreement, as defined in Clause 17 of these Terms & Conditions, during which you shall participate in the Program under the terms and conditions set out in the Agreement.

• 2.1 By enrolling in the Program, you agree that, at the time of registration, you will provide accurate and complete Registration Data and that you shall promptly inform us of any changes in your Registration Data.
• 2.2 Upon your acceptance of these Terms & Conditions, subject to our approval and Sub-clause 2.4 below, the Agreement is deemed to be in effect. You will not be sent a signed Affiliate Agreement in hard copy.
• 2.3 We may, at our sole discretion, review your website following your acceptance of these Terms & Conditions. You will be informed within 10 Business Days of the outcome of your application. Following your acceptance of these Terms & Conditions, you will receive further instructions and guidance to allow you to commence marketing our goods and services.
• 2.4 We may, in our sole discretion, choose to reject any application for any reason (and are under no obligation to disclose such reasons). Reasons for which an application may be rejected include, but are not limited to, content on your website that:

• 2.4.1 1 is in any way unlawful, harmful, threatening, obscene, harassing, discriminatory, defamatory, or otherwise objectionable;
• 2.4.2 facilitates or promotes violence, terrorism, or any other criminal activity;
• 2.4.3 is sexually explicit; or

• 2.4.4 infringes or assists or encourages the infringement of any intellectual property rights belonging to any party.

• 3.1 Nothing in these Terms & Conditions shall constitute, or be deemed to create, a partnership between the Parties; nor, except as expressly provided, shall it designate, or be deemed to designate, any Party the agent of any other Party for any purpose.
• 3.2 Subject to any express provisions to the contrary in these Terms & Conditions, you shall have no right or authority to and shall not do any act, enter into any contract, make any representation, give any warranty, incur any liability, assume any obligation, whether express or implied, of any kind on our behalf or bind us in any way.

• 4.1 Your Affiliate Dashboard will contain the requisite materials for a hyperlink to our website. These materials will include the HTML code for the link and/or a selection of graphics files to which the HTML code should be applied.
• 4.2 The HTML code, as it appears in your Affiliate Dashboard, must be copied exactly and not altered in any way. Failure to comply with this condition may result in your receiving no credit for sales of Service Packages that are generated through your website.
• 4.3 Under no circumstances may any of the graphics files provided by us be modified in any way without our prior written authorization. You may not use graphics files of your own to link to our site.
• 4.4 All graphics files that we may provide for use as links may be displayed throughout your website as you deem appropriate, subject to our prior consent (which shall not be unreasonably withheld) and which must be obtained in all cases. We reserve the right to request the alteration or removal of a link from your website.
• 4.5 You are required to assume full responsibility for maintaining all links to our website from your website.

• 5.1 Each Party shall be exclusively responsible for maintaining and updating its own website. Neither Party shall have any obligations to the other Party in relation to the maintenance or content of their website.
• 5.2 Subject to Sub-clause 5.3 of these Terms & Conditions, neither Party may host any content that:
  

• 5.2.1 is in any way unlawful, harmful, threatening, obscene, harassing, discriminatory, defamatory or otherwise objectionable;
• 5.2.2 facilitates or promotes violence, terrorism, or any other criminal activity;
• 5.2.3 is sexually explicit; or
• 5.2.4 infringes or assists or encourages the infringement of any intellectual property rights belonging to any party.

• 5.3 Neither Party shall be under any obligation to pre-screen any content added to their website by third parties; however, in the event that either Party receives from the other a written notification of any content that falls within that described in Sub-clause 5.2 of this Agreement, such content must be removed within 5 Business Days of receipt of such notice.
• 5.4 BEI reserves the right to audit affiliate websites periodically to ensure compliance with these Terms & Conditions. Affiliates failing to comply with these standards may have their accounts suspended or terminated.

• 6.1 As an affiliate, you are free to display pricing and other information relating to our Service Packages. It is your responsibility to keep such information up-to-date through your own efforts; we will not provide pricing information updates to you.
• 6.2 We reserve the right to alter pricing at any time in accordance with our own policies.
• 6.3 Your Responsibilities: As a {Built Environment Institute} Affiliate you agree that:

• 6.3.1 You are responsible for providing us with full and accurate account information and for keeping that information up to date. Such information might include but is not limited to: contact details, payment details, tax information, and any other details we may require. We reserve the right to request additional data regarding all the websites where you promote {Built Environment Institute} and the promotional practices you use. Failure to provide accurate information may result in exclusion from the Program, suspension or termination of your Affiliate account, and forfeiture of any commissions
• 6.3.2 You should not create more than one Affiliate account.
• 6.3.3 You should act in good faith to refer customers in good standing.
• 6.3.4 You cannot refer yourself, and you will not receive a commission on your own accounts. You should not use our Program to refer companies that you own or in which you have shares or other interests.
• 6.3.5 You should not take actions or make recommendations to your referrals that result in a potential revenue loss for {Built Environment Institute}.
• 6.3.6 You should not engage in incentivized programs and business-opportunity sites, using marketing practices that might be unethical or likely to attract customers, not in good standing.
• 6.3.7 You should not use on behalf of your referrals or encourage your referrals to use on their {Built Environment Institute} accounts any copyrighted or third-party material without the proper licenses.
• 6.3.8 You should not copy, alter or modify any icons, buttons, banners, graphics, files or content contained in {Built Environment Institute}’ Links, including but not limited to removing or altering any copyright or trademark notices, without prior written approval from us.
• 6.3.9 You should not engage in any blackhat SEO/spam link building techniques in order to generate more referrals for {Built Environment Institute}.
• 6.3.10 Post ads on offensive, illegal, hateful, pornographic, or otherwise distasteful websites.
• 6.3.11 You agree not to violate any applicable law.
• 6.3.12 If we detect a pattern in your affiliate practices that in our reasonable opinion violates any aspect of the T&C, we reserve the right to suspend or terminate your affiliate account and cancel all outstanding commission payments due.

• 6.4 Affiliate Advertising. Inappropriate ways of advertising include, but are not limited to:

• 6.4.1 Using any illegal or spam method of advertising, e.g. unsolicited email, an unauthorized placing of the link in forums, newsgroups, message boards etc.;
• 6.4.2 Bidding on keywords and phrases containing the {Built Environment Institute} trademark, or variations or misspellings of the trademarked term on Pay per Click or Pay per Impression campaigns on the search engines (Google, Yahoo, MSN, Ask, Bing or others) without our prior approval. You are not allowed to use the {Built Environment Institute} Website(s) as display URL in PPC ads and to direct-link or redirect to the {Built Environment Institute} Website(s);
• 6.4.3 Using non-unique copyright infringing content to promote {Built Environment Institute};
• 6.4.4 Using traffic generated by pay to read, pay to click, banner exchanges, click exchanges, PPV advertising, pop-up/under, or similar methods;
• 6.4.5 Providing cash backs, rewards or any other kind of incentives to obtain the sale without our prior approval;
• 6.4.6 Offering price savings methods, including coupon(s), voucher(s), discount codes, or added value offers without our prior approval;
• 6.4.7 Using our advertising and promotional materials, trademark or name in a way which negatively affects our image;
• 6.4.8 Using iframes or any other techniques or technology that places your affiliate tracking cookie by any means other than an actual click-through;
• 6.4.9 Using link cloaking or masking techniques or technology with the goal to promote {Built Environment Institute} on websites and/or networks not explicitly listed in your affiliate profile and hiding that traffic source;
• 6.4.10 Your website(s) must NOT contain lewd, obscene, illegal or pornographic material or any other material that is deemed to be objectionable. This includes, but is not limited to, bigotry, hatred, pornography, satanic materials, trademark and copyright materials, all content of an adult nature, etc. The designation of any materials as such is subject to our reasonable opinion;
• 6.4.11 Your domain name(s), company name, logo, trademark, product(s), project(s), service(s) must NOT contain keywords and phrases containing the {Built Environment Institute} trademark or any other variations or misspellings confusingly similar to {Built Environment Institute} trademark, name, logo or domain name, without our prior approval;
• 6.4.12 Your domain name(s), company name, logo, trademark, your product(s), project(s), service(s) must NOT contain keywords and phrases that contain or are confusingly similar to third-party trademarks, names, logos or domain names, unless you have been duly authorised by the trademark owner.
• 6.4.13 {Built Environment Institute} shall have the sole right to decide if a promotional method you use is appropriate. The use of any advertising method that we consider inappropriate may result in warning, suspension or termination of your affiliate account and cancellation of all outstanding commission payments due.

• 7.1 We provide services through our website in the form of courses, bundles, and subscriptions. Detailed descriptions for these packages are available at www.built-environment.org.
• 7.2 Affiliates will have access to their Affiliate Dashboard, where they can view all products eligible for commissions, including commission rates and promotional resources.
• 7.3 The Company reserves the right to modify, discontinue, or add Service Packages at its sole discretion. Affiliates will be notified of such changes with a minimum notice period of 10 Business Days.

• Order entry and payment processing.
• Handling cancellations and refunds in compliance with our Cancellation Policy.
• Providing customer support for the Service Packages purchased.

• Click-through rates.
• Conversion rates.
• Commission earnings.

11.1 You will be paid commission at the rates set out in Sub-clause 11.2 on the net sales revenue generated through your website.

11.2 Commission shall be calculated on the following basis:

11.2.1 Sales up to $5,000 per month will attract a commission of 35%.

11.2.2 Sales exceeding $5,000 per month will attract a commission of 40%

11.2.3 Cookies and IP logs will identify customers that have previously been referred through your website. In the event that such customers are identified, sales that do not fall within Sub-clause 11.2.2 will (unless referred directly from another affiliate’s website) attract a commission based on the tiers above.

11.3 Sub-clause 11.2.3 shall apply only until the expiration or removal of our cookies by the customer or for a period of 120 days after the most recent Direct Referral for a particular customer, whichever is earlier.

11.4 In the event that a customer cannot be tracked, no commission will be paid.

11.5 Commission shall be calculated only once we have received payment in full from the customer. Only once payment has been received in full will sales be logged in your Affiliate Dashboard but will be shown as pending for 60 days after the order has been completed (this time period reflects the time limit set out in our Cancellations Policy).

11.6 Commission payouts will be scheduled every 32 days. Every affiliate will receive commissions only for subscriptions that have passed their 60-day limit, which reflects the “money-back guarantee”/refund period described in our Cancellations Policy. The minimum payout amount is $100 of commissions per affiliate.

11.7 Commissions will be sent to the bank account as provided in their Registration Data. Affiliates may request an alternative payment method, but it must be approved by BEI. Existing Built Environment Institute subscribers may get part of their commissions in the form of free courses or Promotional credits added to their accounts, up to the sum of their monthly or yearly subscription fees payable to Built Environment Institute. Any subsequent commissions shall be sent to their approved account, as described above.

11.8 In the event of any refunds issued for any reasons including, but not limited to fraud and where such refunds are not incurred through any fault of ours, you may be contacted to arrange for the repayment of any related commission.

11.9 Any and all commission paid to you shall be based on sales revenue less any tax due; however, you may still be liable to pay tax on your commission. By accepting these Terms & Conditions you hereby acknowledge that you are solely responsible for the payment of tax on any income you may generate through your involvement in the Program.

11.10 Any changes to the Terms & Conditions, including Commission Rates, will require a written notice of at least 30 Calendar Days to Affiliates before taking effect.

12.1 Upon your entry into the Program, we shall grant you a non-exclusive, non-transferable, royalty-free license to use our logos and trademarks (“Trade Marks”) solely for the purpose of establishing links and performing your obligations as an Affiliate under these Terms & Conditions.

12.2 You may only use our Trade Marks in compliance with the content guidelines and ethical standards provided by us and to the extent explicitly authorized under this Agreement.

12.3 Any use of our Trade Marks outside the scope of these Terms & Conditions, including but not limited to promotional campaigns or advertising on third-party platforms, requires prior written consent from us, such consent not to be unreasonably withheld.

12.4 By accepting these Terms & Conditions, you agree that:

12.4.1 Our Trade Marks shall remain the exclusive property of the Built Environment Institute, unless and until we assign those rights to a third party;
12.4.2 Nothing in these Terms & Conditions grants you ownership or other proprietary rights in our Trade Marks; and
12.4.3 You shall not challenge or contest the validity, enforceability, or ownership of our Trade Marks during or after the Term of this Agreement.

12.5 In cases of misuse or breach of Trade Mark usage rights, we reserve the right to terminate this Agreement and pursue legal remedies to prevent further unauthorized use.

13.1 Unless otherwise expressly indicated, we are the sole and exclusive owners of all Intellectual Property Rights (“IPRs”) in:

• 13.1.1 Our website, including all code, text, sound, video, graphics, photographs, and other images that form a part of it;
• 13.1.2 Supporting documentation, including but not limited to site plans, maps, design sketches, and preparatory materials; and
• 13.1.3 All future updates, additions, and alterations to our website and its supporting documentation.

13.2 You are prohibited from reproducing, distributing, or modifying our Intellectual Property without prior written consent.

13.3 Violation of these Intellectual Property Rights may result in immediate termination of your Affiliate account, forfeiture of commissions, and legal action to recover damages.

13.4 By accepting this Agreement, you acknowledge that: 13.4.1 You shall not claim any ownership of our Intellectual Property Rights; and 13.4.2 All Intellectual Property Rights shall remain vested in us or our licensors.

• 14.1.1 Your website and promotional activities comply with all applicable laws, regulations, and these Terms & Conditions;
• 14.1.2 Your website does not and will not contain any content that:

a) Is unlawful, harmful, threatening, obscene, harassing, discriminatory, defamatory, or otherwise objectionable;

b) Facilitates or promotes violence, terrorism, or criminal activity;

c) Contains sexually explicit material; or

d) Infringes upon or encourages infringement of Intellectual Property Rights belonging to third parties or us.

4.1.3 Your website is functional, accessible to users, and does not contain vulnerabilities that could compromise user security.

14.1.4 You have obtained all necessary licenses, permissions, and consents to perform your obligations under this Agreement.

14.1.5 You will not use unsolicited bulk email campaigns, blackhat SEO, spam practices, or any unethical advertising methods to promote our services.

• 14.2.1 Breach of any warranty or representation made by you under these Terms & Conditions;
• 14.2.2 Claims alleging that your website or promotional activities infringe upon Intellectual Property Rights of third parties; and
• 14.2.3 Acts or omissions by you, your employees, agents, or subcontractors in performing your obligations under these Terms & Conditions.

• 15.1 We make no warranty or representation that our website, the Program, or Service Packages sold through the Program will meet your requirements or those of your visitors, that they will be of satisfactory quality, that they will be fit for a particular purpose, that they will not infringe the rights of third parties, that they will be compatible with all systems, that they will be secure and that all information provided will be accurate.
• 15.2 We make no guarantee of any specific results from the use of our website or from enrolment in the Program.
• 15.3 We make no guarantee that our website shall remain functional and accessible to all users of the internet. However, in the event of planned maintenance or unexpected downtime, we will make reasonable efforts to notify Affiliates in advance or as soon as practicable.

• 16.1 We shall not be liable to you for any indirect or consequential loss that you may suffer even if such loss is reasonably foreseeable or if we have been advised of the possibility of such loss being incurred.
• 16.2 Our total liability to you in respect of any breach of our contractual obligations, any breach of warranty, any representation, statement, or tortious act or omission (including negligence) arising under or in connection with these Terms & Conditions or the Agreement shall be limited to $100 or the total amount of Commission paid to you in the 6 months preceding the event giving rise to the liability, whichever is lower.
• 16.3 Notwithstanding any other provision in these Terms & Conditions, our liability to you for death or personal injury resulting from our own negligence or that of our employees, agents, or sub-contractors shall not be limited.

• 17.1 These Terms & Conditions and the Agreement shall come into force and become binding on the Commencement Date and shall continue in force for a period of 12 months from that date (the “Initial Term”). Following the Initial Term, your enrolment in the Program shall be renewed automatically for successive periods of 12 months (each a “Renewal Term”) unless and until terminated in accordance with this Clause 17.
  
• 17.2 Either Party may terminate the Agreement by giving 10 Business Days’ prior written notice to the other:
  

• 17.2.1 at any time where the other Party has committed a material breach of these Terms & Conditions or the Agreement and such breach has remained unremedied 10 Business Days after receiving written notice of that breach; or
  17.2 Either Party may terminate the Agreement by giving 30 Business Days’ prior written notice to the other:17.2.1 at any time where the other Party has committed a material breach of these Terms & Conditions or the Agreement and such breach has remained unremedied 10 Business Days after receiving written notice of that breach; or
• 17.2.2 if the other Party enters into liquidation whether compulsory or voluntary (except for the purposes of bona fide reconstruction or amalgamation with the prior written approval of the other Party), or compounds with or makes any arrangement with its creditors or makes a general assignment for the benefit of its creditors, or if it has a receiver, manager, administrative receiver, or administrator appointed over the whole or substantially the whole of its undertaking or assets, or if it ceases or threatens to cease to carry on its business, or makes any material change in its business, or if it suffers any analogous process under any foreign law.
  17.3 Either Party may request the termination of the Agreement at the end of the Current Term for any reason provided that written notice is given at least 30 Business Days before the end of the Current Term.
  17.4 Upon the termination of the Agreement for any reason, you shall immediately remove the links established under these Terms & Conditions from your website and cease using our Trade Marks.
  17.5 Upon the termination of the Agreement for any reason, all licenses granted under these Terms & Conditions shall also terminate.
  17.6 In the event that we terminate the Agreement in accordance with Sub-clause 17.2.1, any Commission owed to you at that time shall be forfeited, except where required by applicable law.
  17.7 Affiliates whose accounts are terminated may appeal the decision within 10 Business Days of receiving notice of termination by submitting a written explanation. We will review the appeal and provide a final decision within 15 Business Days.

• 18.1.1 at the time of its acquisition was in the public domain; or
• 18.1.2 at a later date comes into the public domain through no fault of the Receiving Party.

• 18.2.1 that all Confidential Information shall be and shall remain at all times the sole and exclusive property of the Supplying Party;
• 18.2.2 that its right to use Confidential Information shall wholly cease upon the termination of the Agreement; and
• 18.2.3 to return to the Supplying Party on termination of the Agreement all material embodying Confidential Information (including information stored on digital media) or any part thereof and all copies thereof, or, at the Supplying Party’s option, to destroy such material and certify that no copies have been retained.

• 22.1 These Terms & Conditions shall embody and set forth the entire agreement and understanding between the Parties and shall supersede all prior oral or written agreements, understandings, or arrangements relating to the Program or the relationship between the Parties. Neither Party shall be entitled to rely on any agreement, understanding, or arrangement not expressly set forth in these Terms & Conditions, save for any representation made fraudulently.
• 22.2 Unless otherwise expressly provided elsewhere in these Terms & Conditions, the Agreement may be varied only by a document signed by both of the Parties. Any changes to these Terms & Conditions, including Commission Rates, will require a written notice of at least 30 Business Days to Affiliates before taking effect.