Affiliate Program Terms & Conditions
(1) These Terms & Conditions apply to participants in the AGILEPM HUB Partners Affiliate Program (the "Program").
(2) In these Terms & Conditions, "Company", "we", "us", and "our" means AGILEPM HUB, the brand owned and operated by AGILEPM HUB, a business registered in Hong Kong.
(3) In these Terms & Conditions, "Affiliate", "you" and "your" means the individual or organisation that is applying to become a participant in the Program and who will accept these Terms & Conditions upon joining the same.
(4) By accepting these Terms & Conditions you agree to be bound by them and shall enter into a binding agreement with us (the "Agreement").
1. Definitions and Interpretation
- 1.1 In these Terms & Conditions the following terms shall have the following meanings:
- "Business Day" means a day (other than Saturday, Sunday, or Hong Kong public holidays) when banks in Hong Kong are open for business;
- "Cancellations Policy" means our cancellations policy which can be found at agilepmhub.com/terms;
- "Commencement Date" means the date of your acceptance;
- "Commission Rate" means 5%;
- "Confidential Information" means any non-public information disclosed by one Party to the other in connection with the Program, including commercial, technical, operational, customer, pricing, and performance information, excluding information that is publicly available through no breach of this Agreement.
- "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 all intellectual property rights including copyright, trademarks, patents, designs, database rights, and similar rights anywhere in the world;
- “Net Sales Revenue” means the amount actually paid by the customer excluding VAT/GST/sales tax (if applicable), and excluding refunds, chargebacks, and payment processing reversals.
- "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. Enrolment in the Program
- 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 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.
- 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 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. Company / Affiliate Relationship
- 3.1 Nothing in these Terms & Conditions shall constitute or be deemed to create a partnership, employment relationship, or joint venture between the Parties.
- 3.2 You have no right or authority to act on our behalf. You must not enter into any contract, make any representation, give any warranty, incur liability, or assume obligations for us.
4. Website Links
- 4.1 Your Affiliate Dashboard will contain the required affiliate link(s) and may include approved promotional materials.
- 4.2 You must not alter affiliate tracking links in a way that prevents accurate tracking. If a sale cannot be tracked, no commission is payable.
- 4.3 You may not modify any graphics files or creative assets provided by us without prior written authorisation.
- 4.4 We reserve the right to request alteration or removal of a link or placement that we reasonably consider misleading, non-compliant, or harmful to our brand.
- 4.5 You are responsible for maintaining your links and ensuring they function correctly.
5. Site Maintenance and Content
- 5.1 Each Party is responsible for maintaining and updating its own website and channels.
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5.2 S
You must not host or distribute content that is unlawful, harmful, harassing, discriminatory, defamatory, sexually explicit, promotes criminal activity, or infringes third-party rights.
- 5.3 If either Party notifies the other in writing of content that breaches Clause 5.2, such content must be removed within 5 Business Days of notice.
6. Display of Company Information and Affiliate Responsibilities
- 6.1 You may display pricing and other information relating to our Service Packages, but it is your responsibility to keep such information accurate and up to date
- 6.2 We reserve the right to alter pricing and offerings at any time.
- 6.3 Your Responsibilities: As a AGILEPM HUB Affiliate you agree that:
- 6.3.1 You will provide accurate account and payment details and keep them up to date.
- 6.3.2 You will not create more than one Affiliate account.
- 6.3.3 You will act in good faith to refer customers in good standing.
- 6.3.4 You may not refer yourself and will not receive commission on your own purchases or purchases made by entities you own or control.
- 6.3.5 You will not engage in deceptive, fraudulent, or unethical practices.
- 6.3.6 You will not use copyrighted or third-party materials without proper licences.
- 6.3.7 You will not copy, alter, or modify our affiliate links or creative assets without prior written approval
- 6.3.8 You will not use blackhat SEO/spam link building to generate referrals.
- 6.3.9 You will not promote AGILEPM HUB on offensive, illegal, hateful, pornographic, or otherwise distasteful websites.
- 6.3.10 You agree not to violate any applicable law, regulations, or advertising standards.
- 6.3.11 If we reasonably believe your practices violate these Terms, we may suspend or terminate your affiliate account and cancel unpaid commissions.
- 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 Spam or unsolicited bulk email, or unauthorised link posting;
- 6.4.2 Bidding on keywords containing AGILEPM HUB trademarks (or confusing variations/misspellings) in PPC campaigns without our prior approval; or direct-linking PPC ads to our site as display URL without approval. ;
- 6.4.3 Cookie stuffing, forced clicks, iframes, or any method that drops tracking cookies without a genuine user click;
- 6.4.4 Link cloaking/masking intended to hide traffic sources not disclosed in your affiliate profile;
- 6.4.5 Offering coupons/discount codes/rebates or incentives without our written approval;
- 6.4.6 Using our brand, trademarks, or materials in a way that harms our reputation ;
- 6.4.7 Registering domains/social handles confusingly similar to AGILEPM HUB or third-party trademarks.
7. Service Packages and Eligibility
- 7.1 We provide services through our website in courses and bundles (and other learning products as made available from time to time).
- 7.2 All Service Packages sold on AGILEPM HUB are eligible for commission, including ITIL® courses, subject to tracking, refund/chargeback, fraud controls, and compliance with these Terms.
8. Customer Referral Requirements
- 8.1 Terms & conditions relating to the referral of customers to us via links on your website can be found on our website at agilepmhub.com/affiliate-program-terms.
- 8.2 We reserve the right to alter such terms & conditions at any time and will provide 10 Business Days’ written notice to you of any such alteration.
9. Orders
- 9.1 We will use reasonable endeavours to process and fulfil orders placed by referred customers.
- 9.2 We reserve the right to reject orders that do not comply with our policies, fraud controls, or customer requirements. .
- 9.3 We are responsible for order entry, payment processing, fulfilment, cancellations, refunds, and customer support. You will have no authority to provide support or make commitments on our behalf .
10. Affiliate Sales Reporting
- 10.1 We track origin, Service Package selected, and revenue generated.
- 10.2 Reports will be available in your Affiliate Dashboard. We may alter the form/content of reports without notice.
11. Commission and Referral Fees
- 11.1 You will be paid commission at the Commission Rate on Net Sales Revenue from sales generated through tracked referrals.
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11.2 Commission Rate: 5% of Net Sales Revenue.
- 11.3 Cookie duration: 60 days from the customer’s first tracked click, subject to the platform’s standard attribution rules (typically last-click).
- 11.4 If a customer cannot be tracked (e.g., cookies deleted, browser restrictions, ad blockers, device switching, broken links), no commission will be paid.
- 11.5 Commission is recorded as “Pending” once we receive payment in full.
- 11.6 Pending/lock period: commissions remain pending for 30 days after purchase to account for refunds/chargebacks per the Cancellation Policy. After this period, commissions become “Approved” unless reversed.
- 11.7 Payout schedule: payouts are processed on or around the 20th of each calendar month for Approved commissions.
- 11.8 Minimum payout threshold: USD 50 (or equivalent). Amounts below this threshold roll over to the next payout period. .
- 11.9 Payouts will be sent to the PayPal email address or bank account provided in your Registration Data. You are responsible for any payment provider fees. .
- 11.10 If any purchase is refunded, cancelled, charged back, or deemed fraudulent, related commissions are void and may be deducted from future payouts.
- 11.11 Taxes: Commission is calculated on Net Sales Revenue. You are solely responsible for declaring and paying any taxes on your affiliate income.
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11.12 We reserve the right to modify Commission Rates with 10 Business Days’ written notice. You may opt out within the notice period and will be paid Approved commission due (subject to these Terms).
12. Trade Marks
- 12.1 We grant you a non-exclusive, non-transferable, royalty-free licence to use our logos and trademarks solely to promote our Service Packages under this Program.
- 12.2 You may use our trademarks only as required to establish links and perform your obligations under these Terms. .
- 12.3 You must not use our trademarks in a way that implies you are our employee, agent, or official representative .
- 12.4 Our trademarks remain our property and you must not contest their validity.
13. Intellectual Property
- 13.1 We are the sole owners of all Intellectual Property Rights in our website and materials unless stated otherwise. .
- 13.2 All future updates, additions, and alterations to our website and materials remain our Intellectual Property.
14. Affiliate Warranties and Indemnity
- 14.1 You warrant that your promotional channels will comply with these Terms and applicable law.
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14.2 You agree to indemnify us for losses arising from your breach, unlawful promotion, IP infringement, or misconduct.
15. Disclaimers
- 15.1 We make no warranty that the Program or Service Packages will meet your requirements or that any specific results will be achieved.
- 15.2 We do not guarantee any minimum earnings, conversions, or traffic.
- 15.3 We do not guarantee uninterrupted access to our website.
16. Liability
- 16.1 We are not liable for indirect or consequential loss.
- 16.2 Our total liability to you under this Agreement is limited to USD 100 (or equivalent), except where liability cannot legally be limited.
- 16.3 Nothing limits liability for death or personal injury caused by negligence where such limitation is unlawful.
17. Term and Termination
- 17.1 This Agreement starts on the Commencement Date and continues for 12 months (Initial Term), renewing automatically for successive 12-month terms unless terminated..
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17.2 Either Party may terminate with 10 Business Days’ notice for material breach not remedied within 10 Business Days after written notice.
- 17.3 Either Party may terminate at the end of the Current Term for any reason by giving at least 10 Business Days’ notice.
- 17.4 On termination, you must remove affiliate links and stop using our trademarks and materials.
- 17.5 If we terminate due to fraud or serious breach, we may withhold unpaid commissions.
18. Confidentiality
- 18.1 Each Party must keep the other’s Confidential Information confidential and use it only to perform obligations under this Agreement.
- 18.2 Confidentiality obligations continue for 2 years after termination.
19. Force Majeure
Neither Party is liable for delay/failure due to events beyond reasonable control.
20. Severance
If any provision is unenforceable, the remaining provisions remain valid.
21. Notices
Notices must be in writing and may be sent by email to the other Party’s Registered Email Address.
22. Entire Agreement
These Terms embody the entire agreement between the Parties regarding the Program and supersede prior discussions.
23. General
No waiver, non-exclusivity, and non-assignment apply unless agreed in writing.
24. Governing Law and Jurisdiction
These Terms are governed by the laws of Hong Kong. Any dispute falls within the jurisdiction of the courts of Hong Kong.
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