Last Updated on December 5, 2022

 

The KENYA Airlift Program is offering you an opportunity to become an independent KENYA Airlift Program Affiliate (“Affiliate”), where in you have the opportunity to earn additional money for The KENYA Airlift Program products, services and accounts that you sell. The KENYA Airlift Program reserves the sole and exclusive right to determine the amount of remuneration each Affiliate will receive in exchange for the Affiliate's efforts. Affiliate commission is further discussed herein. See also The KENYA Airlift Program Terms of Service , which apply to you in your role as Affiliate, unless otherwise expressly provided for.  

 

This Affiliate Agreement (“Agreement”) governs Your application for, and any subsequent participation in, The KENYA Airlift Program' Affiliate program. By clicking “I Accept the Terms and Conditions” and submit, You thereby accept the terms of this Agreement, You indicate that You have read and understood this Agreement, and agree that You are bound by its terms.

 

SECTION 1 - PARTIES All references to “The KENYA Airlift Program” herein means and refers to The KENYA Airlift Program Inc, doing business as The KENYA Airlift Program. All references to “You” and “Your” mean and refer to the person or entity who has executed this Agreement. The KENYA Airlift Program and You are each referred to herein as a “ Party, ” and collectively as the “Parties.” You agree to notify us in writing if the legal name of your business or account ownership changes within twenty-four (24) hours of such change and You certify that all such information is truthful and accurate. Notice of such changes should be sent to  affiliates@kenyaairliftprogram.com

 

SECTION 2 - APPLICATION You agree to provide all information requested by The KENYA Airlift Program in connection with Your Affiliate application, and You affirm that all information that You provide is truthful and accurate. You understand and agree that The KENYA Airlift Program retains sole and exclusive discretion to determine whether You qualify for participation in The KENYA Airlift Program' Affiliate program. Not everyone who applies for The KENYA Airlift Program' Affiliate program will qualify to participate.   

 

SECTION 3 - CONSENT TO BE CONTACTED   You expressly consent to be contacted at the email address and the phone number You provide in Your application about Your application and the Affiliate program, including through automated dialing systems, texts and artificial or pre-recorded messages, whether by The KENYA Airlift Program or a third-party on behalf of The KENYA Airlift Program. This consent is a material condition of this Agreement and may not be revoked except in writing by both Parties.

 

SECTION 4 - COMPENSATION    If Your application to become an Affiliate is approved by The KENYA Airlift Program, You will receive a unique Affiliate ID. The Affiliate ID will be incorporated within each URL which You will use to advertise The KENYA Airlift Program. You will have the opportunity to receive a commission for each sale (“Sale”) that is registered using Your Affiliate ID.

 

In the event that a prospect (“Prospect”) has multiple Affiliate cookies (“Cookies”), the most recently-acquired Cookie will determine which Affiliate is credited with a Sale. 

 

Provided that the Sold Account (as defined below) remains in good status within thirty (30) days from the Sale, You will be paid a commission for each Sold Account that generates a payment to The KENYA Airlift Program in a month (“Commission”). Except as otherwise provided herein, Commission payments will be paid on the 1st and  15th of each month following The KENYA Airlift Program  ' receipt of payment for a Sold Account, subject to the other terms of this Agreement. In the event the 1st or  15th of each  month falls on a holiday, Commission payments will be paid on the business day preceding the holiday. All Commission payments are based on the amount of fees received by The KENYA Airlift Program, less sales taxes.

 

Initial approval into The KENYA Airlift Program' Affiliate Program grants you access to promote both the regular and parallel options offerings. You will receive a Commission on these offerings. 

• For the first 0-100 referrals, you will be assigned a Bronze level and earn $25 for each enrolled referral.
• From the next 101-200 referrals, you will be assigned a Silver level and earn $40 for each enrolled referral.
• From the next 201-500 referrals, you will be assigned a Gold level and earn $70 for each enrolled referral.
• From over 500 referrals you will be assigned a Platinum level and earn $100 for each enrolled referral.

 

All Commissions and are paid in US Dollars (USD) equivalent or otherwise in currencies offered by the payment provider. Some payment methods may incur processing fees that may be deducted from Your Commissions or Legacy Bonus payment. Your combined Commission must equal or exceed Fifty Dollars ($50.00) (USD) before You receive a payment from The KENYA Airlift Program. If Your combined Commissions in a 180-day period do not exceed $50.00 (USD) Your Commissions will not be paid and will be forfeited by You to The KENYA Airlift Program.

 

Once a Commission of $50 (USD) or more is earned, You must provide The KENYA Airlift Program a completed payout form, as instructed by The KENYA Airlift Program, as well as any supporting documentation requested by The KENYA Airlift Program or its third-party payment provider. You will be deemed to have permanently waived all rights to Commissions that were earned more than 180 days before submitting a completed payout form or any ancillary supporting documentation that is requested to confirm the information. If you are not a resident of Kenya or US we may withhold tax (including without limitation VAT) where required by applicable law. You are solely responsible for complying with all tax laws in Your respective jurisdiction(s) including, but not limited to, the payment of all required taxes, and filing of all returns and other required documents with, the applicable governing body(ies).

 

Affiliates are not permitted to open a The KENYA Airlift Program account under the name of another person or entity, under a fictitious name, or under any name merely for the purpose of obtaining Commissions or any other compensation. Affiliates may not pay for another person's or entity's account. Affiliates are not permitted to offer cash rebates or other monetary incentives to obtain Sales.

 

Commissions are paid only for transactions that actually occur between The KENYA Airlift Program and a Sale and in which payment is received by The KENYA Airlift Program. If payment for a Sold Account later results in a refund or chargeback before one month Is over, and if a Commission was paid to You for that Sold Account, then the Commission will be deducted from Your future Commissions.  

 

If The KENYA Airlift Program determines, in its sole and exclusive discretion, that any Sale was procured fraudulently or as a result of any violation of this Agreement or applicable law, no Commission will be paid for such Sale and, for past sales, such payment amounts shall be deducted from Your future Commissions, and The KENYA Airlift Program may terminate this Agreement immediately, without notice, and without The KENYA Airlift Program having any liability to You.

 

SECTION 5 - TERM AND TERMINATION  The term of this Agreement will begin the earlier of (i) when You click “I accept the Terms and Conditions” and submit; or (ii) Your participation in the Affiliate program is approved. Your participation in the The KENYA Airlift Program Affiliate program will continue month-to-month until terminated. Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party thirty (30) days' written notice of termination. If, in our sole discretion, You fail, or we suspect that You have failed, to comply with any term or provision of the Agreement or the Terms of Service, or violated any law, whether in connection with Your use of The KENYA Airlift Program or otherwise, The KENYA Airlift Program may take any action that it deems necessary, including without limitation to terminating the Agreement or suspending Your access to the Affiliate website (“Website”) at any time without notice to You. In addition, if, based on our data, you have a dispute rate greater than 2% of your total commissions, we may terminate this Agreement or suspend your access to the Website at any time without notice to You. In such instances as described above, and in our sole discretion, we may terminate our relationship and suspend any accounts owned/controlled by You. For the avoidance of doubt, and without limitation for purposes of the foregoing, any violation of the required disclosure will be deemed a material breach of this Agreement. See Appendix A, Section 2, Disclosure. In the event this Agreement is canceled due to Your breach, You immediately forfeit all Commissions,   This Agreement will terminate automatically if You earn no (zero) Commissions over a 12 month period.

 

If this Agreement is terminated or cancelled, then all provisions that, by their nature, should survive, will survive, including, but not necessarily limited to, all limitations of liability, disclaimers of warranties, indemnity obligations, mandatory arbitration and class action waiver provisions , and exceptions to arbitration. All representations and warranties undertaken by You shall also survive termination or cancellation of this Agreement and/or Your The KENYA Airlift Program account.

 

SECTION 6 - ADDITIONAL REPRESENTATIONS AND WARRANTIES   In addition to Your other representations and warranties herein, You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against You by any governmental agency , or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against You which relate to alleged intentional torts or alleged violation of any consumer protection or advertising laws. If You become the subject of such an investigation, inquiry, prosecution, or lawsuit any time after this Agreement is executed, You are required to notify The KENYA Airlift Program of the same within 24 hours. The KENYA Airlift Program, in its sole and exclusive discretion, may immediately terminate Your participation in The KENYA Airlift Program' Affiliate program,  

 

SECTION 7 - ENTIRE AGREEMENT This Agreement, Appendix A below, along with The KENYA Airlift Program' standard  Terms of Service , represents the entire agreement between the Parties and supersedes any other written or oral agreement between the Parties as pertaining to Your Affiliate application and, if approved, Your rights and responsibilities as an Affiliate.

 

Appendix A

 

 

Additional Terms of the Affiliate Agreement and Advertising Rules

 

These Advertising Rules apply to all activities of Affiliate:

 

1.   General Compliance. Affiliate shall publish or otherwise distribute advertisements in strict compliance with all applicable laws and regulations, including without limitation, laws prohibiting deceptive and misleading advertising and marketing, email marketing laws (including the federal CAN-SPAM Act (15 USC § 7701)), data protection laws (including but not limited to the European Union General Data Protection Regulation, UK Data Protection Act, California Consumer Privacy Act, and Brazilian General Data Protection Regulation), laws governing testimonials (including the FTC's Revised Endorsements and Testimonials Guides (16 CFR Part 255 of the Code of Federal Regulations)), and all guidelines issued by the FTC. Affiliate is solely responsible for ensuring Affiliate's compliance with all laws. Affiliate is prohibited from publishing or otherwise distributing advertisements by telemarketing, in any form to any device. Affiliate shall not offer monetary incentives, such as rewards points, cash, or prizes to Prospects in return for their response to an advertisement. Affiliate may, however, offer Prospects information and materials of tangible value including, but not limited to, website templates, information about website design, and online marketing, for reduced or no charge, but only so long as Affiliate accurately describes and delivers such information and materials to the Prospect.

 

2.Disclosure . _ On any website that Affiliate advertises any of The KENYA Airlift Program service or product, Affiliate must plainly display ( ie , not in a link, or in small font) disclaimer language, such as:

Disclosure:  I am an independent KENYA Airlift Program Affiliate, not an employee. I receive referral payments from The KENYA Airlift Program. The opinions expressed here are my own and are not official statements of The KENYA Airlift Program.

 

3.   Non-Disparagement . Affiliate is not permitted to comment negatively about or disparage the products or services of The KENYA Airlift Program or any other person or entity, including without limitation the products or services of  The KENYA Airlift Program competitor. Affiliate is not permitted to engage in any unlawful or deceptive actions with respect to search engine optimization, including, but not limited to, using any technique that generates paid search results based on any trademarks of The KENYA Airlift Program, any brand name of The KENYA Airlift Program, or based on the trademarks or brand name of any competitor of The KENYA Airlift Program, or any other third party. Affiliate shall not direct link to The KENYA Airlift Program' sales page from any paid advertising. 

 

4.Social   Media   

 If Affiliate advertises on Instagram or YouTube, then each post must comply with   all of the following:

Each post must contain @The KENYA Airlift Program or #The KENYA Airlift Program.

Each post must contain #ad in a clear and conspicuous location before the text of the description and in all events before the “More” button.

Each Instagram post must use Instagram's “Paid Partnership” tool.

Each YouTube post must contain the word “Ad,” “Advertisement,” “Promotion,” or “Paid Partnership” within the video itself in a font size that is clearly recognizable to the viewer and which appears persistently throughout the length of the video in the top right hand portion of the video.

If Affiliate is advertising on other forms of written social media ( eg , Facebook, Twitter), Affiliate must comply with the above disclosure restrictions as applicable to each form of social media. Affiliate must also comply with all rules of each social media platform that Affiliate uses.

 

5.  Income and Business Opportunity Claims . Affiliates are expressly prohibited from making any claims that use of The KENYA Airlift Program will guarantee that the user will make money. If Affiliate's recruiting efforts include claims related to income Affiliate has made from using The KENYA Airlift Program or as an Affiliate, the following guidelines must be adhered to:  

(a) Affiliate's statements must be completely true and accurate and supported by evidence of Affiliate's experience; and

 

(b) Affiliate's statements must be accompanied by the following disclaimer in clear and conspicuous font and placement: “These were my results. Your results will vary based on a variety of factors including your education, effort, and market factors. There is no guarantee You will make any money.”

 

Affiliate is also expressly prohibited from making any express or implied claims that The KENYA Airlift Program is or provides a business opportunity, franchise opportunity, a “business-in-a-box,” or an assisted marketing plan.

 

6.  The KENYA Airlift Program' Trademarks . No logo, tagline, trademark, trade name, or trade dress (collectively, the “The KENYA Airlift Program Trademarks”) owned by The KENYA Airlift Program may be used, copied, or reproduced by any Affiliate except as set forth below. No KENYA Airlift Program intellectual property (or any mark confusingly similar to any KENYA Airlift Program intellectual property) is to be registered as a trademark in any country or registered as a domain name by Affiliate in any way in any country.  

Subject to the restrictions below, approved Affiliates are granted a limited, revocable, non-transferrable, and non-assignable license to use “The KENYA Airlift Program®” trademark, to advertise The KENYA Airlift Program online. Any time Affiliate uses the word “The KENYA Airlift Program” it must be immediately followed by “®”. Affiliate may not use “The KENYA Airlift Program” or other KENYA Airlift Program' trademarks as part of any URL, domain or website name.

 

The KENYA Airlift Program retains exclusive ownership of all The KENYA Airlift Program' Trademarks and other intellectual property and all of its rights therein. Affiliate shall not promote or provide services to any other business or person that is infringing any of The KENYA Airlift Program' intellectual property.

 

7.  Complaint Notification.   Affiliate must notify Company of any complaint received by Affiliate regarding any advertisements within twenty-four (24) hours of receiving such complaint. Notice should be sent to  affiliates@kenyaairliftprogram.com.

 

8.  Independent Contractor . Affiliates are independent contractors of The KENYA Airlift Program. It is the express understanding and intention of the Parties that no relationship of master and servant  nor  principal and agent shall exist between The KENYA Airlift Program and You by virtue of this Agreement. You have no right to act on behalf of or bind The KENYA Airlift Program in any way, nor share in the profits or losses of The KENYA Airlift Program. The only compensation available to You is set forth in this Agreement. You are solely and exclusively responsible and liable for all of Your acts or omissions.

 

9.  NO WARRANTY; NO LEADS . The KENYA Airlift Program does not promise, guarantee or warrant your business success, income, or sales. You understand and acknowledge that The KENYA Airlift Program will not at any time provide sales leads or referrals to You. You understand and agree further that this is not a business opportunity,  a franchise   opportunity, a “business-in-a-box,” or an assisted marketing plan. You are responsible for procuring and paying for any and all materials and resources necessary to operate as an Affiliate as You determine in Your sole discretion.

 

10.  LIMITATION OF LIABILITY . EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL THE KENYA AIRLIFT PROGRAM OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, INCIDENTAL, CONSEQUENTIAL PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE  PRIVACY POLICY  , THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY'S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER THE KENYA AIRLIFT PROGRAM HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.

IN NO EVENT SHALL THE KENYA AIRLIFT PROGRAM' LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO THE KENYA AIRLIFT PROGRAM FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST THE KENYA AIRLIFT PROGRAM OCCURRED OR ONE THOUSAND DOLLARS ($1,000), WHICHEVER IS GREATER.

 

 

11. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION, CLASS ACTION WAIVER, & GOVERNING LAW.

As explained in The KENYA Airlift Program' Terms of Service, any controversy or claim arising out of or related to this Agreement or Your relationship with us that cannot be resolved through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association ( “AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof. The sections of the Terms of Service entitled “DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER,” “THE KENYA AIRLIFT PROGRAM' ADDITIONAL REMEDIES,” and “GOVERNING LAW AND VENUE” are expressly incorporated herein by reference. Please review the Terms of Service for more information.

 

12.  Indemnity . You agree to protect, defend, indemnify and hold harmless The KENYA Airlift Program, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limitation arising out of Your conduct, acts, or omissions related to Your application and/or performance of this Agreement including, but not limited to, any breach of this Agreement. Your indemnity obligation includes, but is not limited to, any third party claim against The KENYA Airlift Program for liability or payments for damages caused by, or other liability relating to, you. This provision expressly survives the termination of this Agreement. 

13.  Severability . In the event any provision of this Agreement is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and the Terms of Service, as modified, shall continue in full force and effect.  

14.  Modification/Amendments . This Agreement and The KENYA Airlift Program' standard  Terms of Service  may be modified by The KENYA Airlift Program at any time, with or without prior notice to You. Amendments or modifications to this Agreement or the Terms of Service will be binding on You when they are sent to You via email, or are posted in the affiliate center. No amendment to this Agreement or the Terms of Service shall be valid unless prepared or signed by The KENYA Airlift Program. Your continued acceptance of Commission payments constitutes Your acceptance to any modifications or amendments to this Agreement and the Terms of Service.