Affiliate Program Terms & Conditions

(1) These Terms & Conditions apply to participants in the Hypetrain Academy Partners Affiliate Program (the "Program").
(2) In these Terms & Conditions, "Company", "Hypetrain Academy", "Hypetrain", "we", "us", and "our" means Hypetrainthe brand owned and operated by Welmi Inc., a company registered in Delaware (e.g. the USA) with a registered office at 651 N Broad St, Suite 206, Middletown, 19709, USA, under the company number 7344530.
(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.
The Program may have additional terms and conditions on pages dedicated to the Hypetrain Academy Affiliate Program within our Hypetrain Academy website, and these additional terms and conditions are incorporated into and are regarded as part of this Agreement.
(5) By submitting an application or participating in the Program you accept these Terms & Conditions, and 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 any day other than Saturday or Sunday that is not a bank or public holiday;
  • "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" means  means any nonpublic information directly or indirectly disclosed by disclosing Party to the receiving Party or accessible to the receiving Party pursuant to this Agreement that is designated as confidential or that, given the nature of the information or the circumstances surrounding its disclosure, reasonably should be considered as confidential, including without limitation technical data, trade secrets, know-how, research, processes, designs, drawings, product designs and architecture, marketing plans, pricing and cost information, marketing and promotional activities, business plans, customer and supplier information, employee and user information, financial or business information, and any third party information that the disclosing Party is required to maintain as confidential; 
  • "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 or your other facilities (together, the “your website”) where that customer can be tracked directly from your website to ours without any further intermediaries;
  • "Hypetrain Academy website/our website" means the Company website accessible at
  • "Hypetrain Materials" means the Intellectual Property Rights of Hypetrain and the content as provided to the Affiliate under this Agreement and such other information from time to time owned or used by Hypetrain or embodied or included in Hypetrain websites or made available by Hypetrain to the Affiliate (e.g. rates and availability).
  • "Intellectual Property Right(s)" means any patent, copyright, inventions, database rights, design right, registered design, trademark, trade name, brand, logos, service mark, know-how, utility model, unregistered design or, where relevant, any application for any such right, know-how, trade or business name, domain name or other similar right or obligation whether registered or unregistered or other industrial or intellectual property right subsisting in any territory or jurisdiction in the world.
  • "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 enrollment 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. Enrollment in the Program

2.1. To enroll in the Program you shall submit an Affiliate Program application on our Hypetrain Academy website. 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. Following your acceptance of these Terms & Conditions, you will receive further instructions and guidance to allow you to commence marketing our goods.
2.4. We may, in our sole discretion, choose to accept or 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 or the activity you perform that:
2.4.1. is in any way illegal, prohibited, sanctioned, 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 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.
3.3. Unless agreed otherwise in writing by Us or save as set out otherwise in this Agreement, the Affiliate shall not publish anywhere on the Affiliate website(s) any statement, either express or implied, that the website is part of, endorsed by, or an official website of the Hypetrain or the Company.
The Affiliate shall not issue a press release or public announcement that refer to Hypetrain, without the Hypetrain’s express consent.

4. Website Links

4.1. In your Affiliate Dashboard will be 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 authorisation. 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) 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 to maintain all links to our website from your website.

5. Site Maintenance; Content and Promotion

5.1. Each Party shall be exclusively responsible for maintaining and updating its own website. Subject to the provisions of this Clause 5 and Clause 14 below, 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. The Federal Trade Commission has issued guidelines (available regarding online advertising in general, and requiring individuals providing endorsements and testimonials to clearly and conspicuously disclose that they have been (or will be) paid to advertise a product. You agree to be compliant with these and all other applicable Federal Trade Commission regulations, as well as all other applicable laws and regulations in the countries where the Links are intended to be used.
You agree not and shall not, unless explicitly permitted by us, to (i) publish content, including promotional, that include the words “free”, “no cost”, “no charge”, or anything like that; (ii) send unsolicited e-mail that mention Hypetrain; (iii) use bots in sending content, including promotional, community sites, message boards, chat communities, or social networks to promote Hypetrain; (iv) place ads or promotional content on any online auction platform (i.e., eBay, Amazon, etc.), and (iv) interfere with ours tracking link.
You agree and shall not make any representations, warranties or other statements concerning Hypetrain or any of ours respective products or services, except as expressly authorized in this Agreement.
If the Affiliate fails to comply with the requirements specified in this Section 5, we shall have the right to withhold the payment for commission which is due to the Affiliate.

6. Display of Company Information

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 Hypetrain Academy 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 Hypetrain Academy 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 Hypetrain Academy.
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 Hypetrain Academy 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 Hypetrain Academy’ 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 black hat SEO or spam link building techniques in order to generate more referrals for Hypetrain Academy.
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 these Terms & Conditions or Program specifications, 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 Hypetrain Academy or Hypetrain 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 Hypetrain Academy Website(s) as display URL in PPC ads and to direct-link or redirect to the Hypetrain Academy Website(s);
6.4.3. Using non-unique copyright infringing content to promote Hypetrain Academy;
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 Hypetrain Academy 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 Hypetrain Academy or Hypetrain trademark or any other variations or misspellings confusingly similar to Hypetrain 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. Hypetrain Academy 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. Service Packages

We provide digital products and services through our Hypetrain Academy website in courses, plans, and bundles. Descriptions for these packages are available at In your Affiliate Dashboard, you will be able to view all the digital products and services that you will get commission for.

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
8.2. We reserve the right to alter such terms & conditions at any time and may provide 10 Business Days’ written notice to you of any substantial alteration.
8.3. We will count each qualified customer as attributed to the Affiliate's commission calculation. A qualified customer (the "customer(s)") means an individual person who:

    (i) accesses the Program via the Website Link as specified in section 4 above;

    (ii) is not a computer generated user, such as a robot, spider, computer script or other automated, artificial or fraudulent method to appear like an individual, real live person;
    (iii) is not using pre-populated fields;
    (iv) completes all the information required by us, have made a payment for the Service Package(s), and from whom we have received payment in full; and
    (v) is not later determined by us to be fraudulent, infringing, unqualified or a duplicate.

9. Orders

9.1. We undertake to use our best and reasonable endeavours to process and fulfil all orders for Service Packages placed by referred customers generated by affiliates.
9.2. We reserve the right to reject any orders that do not comply with the customer referral requirements detailed in Clause 8 of these Terms & Conditions.
9.3. It shall be our full responsibility to ensure that all orders are completed and that the provision of services is undertaken in accordance with our Terms and Conditions. We shall be responsible for order entry, payment processing, cancellations and all subsequent customer service. You shall have no further involvement with the customer or the completion of the transaction and all customers will be made aware of the same.

10. Affiliate Sales Reporting

10.1. We will track the following elements of all sales:
10.1.1. origin;
10.1.2. Service Package selected; and
10.1.3. revenue generated.
10.2. Full reports of all sales generated through the links on your website will be available in your Affiliate Dashboard. We reserve the right to alter the form and content of such reports without notice.

11. Commission and Referral Fees

11.1. You will be paid commission at the rates set out in Sub-clause 11.2 on the net profits of sales of Service Packages generated through your website.
11.2. Commission shall be calculated on the following basis:
11.2.1. All sales that result from Direct Referrals will attract a Commission Rate of ten percent (10%).
11.2.2. In the event that a customer resulting from a Direct Referral renews a Service Package upon the initial sale for which you earned Commission, such a renewal will attract a commission of ten percent (10%). Where a customer does not renew a Service Package at the end of that package’s original term but reactivates that Service Package at a later time, Sub-clause 11.2.3 shall apply.
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 of ten percent (10%).
. Notwithstanding Sub-clause 11.2.1-11.2.3 above, a particular Commission Rate applicable to you will be determined by us and will be avaliable and displayed in your Affiliate Dashboard. You acknowledge and agree that a Commission Rate applicable to you may (i) range from 10% to 80%, or (ii) be equal to 0% by prior mutual agreement with you (for example, if you collaborate with us as an ambassador under special arrangements). In addition, you acknowledge and agree that your futher active participation in the Program, once you have registered and your specific Commission Rate (percentage) has been recorded in your Affiliate Dashboard, indicates your agreement to such Commission Rate and will be considered an agreed condition under the Program. 
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 30 days set on the system 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 30 days set on the system days after the order has been completed.
11.6. Commission payouts will be scheduled for the preceding month and are due within thirty (30) business days from the end of the preceding month. Every Affiliate will receive commissions only for sales of Service Packages that have passed their 30-day limit, which reflects the “money-back guarantee”/refund period. Commission is paid in USD, unless specifically provided otherwise.
11.7. Commissions will be sent to the Affiliate's Stripe account or payment account opened by other payment provider per our instruction for the Affiliate, or bank account as provided in their Registration Data. We are not liable for any errors or delays in the processing of payments that are as a result of systems or processes operated by payment providers. The party receiving payment will be responsible for any bank charges assessed by the recipient's bank. 
Payment processing services for Affiliate may be provided by Stripe and are subject to the Stripe Connected Account Agreement [], which includes the Stripe Terms of Service [] (collectively, the “Stripe Services Agreement”). By agreeing to these Terms & Conditions, the Parties agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of the Hypetrain enabling payment processing services through Stripe, the Affiliate agrees to provide the Hypetrain accurate and complete information about them and their business, and the Affiliate authorizes the Hypetrain to share it and transaction information related to their use of the payment processing services provided by Stripe. Affiliate shall use Stripe to receive payments (payouts) under the Program, unless specifically provided otherwise. The Stripe Recipient Agreement [] applies to Affiliate’s receipt of such payouts. To receive payouts from us under the Program, the Affiliate shall provide Hypetrain accurate and complete information about it and its business and undergo an onboarding / verification with Stripe if so required, and Affiliate authorize the Hypetrain to share above-mentioned information and transaction information related to Affiliate’s payout with Stripe.
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. We reserve the right to modify our Commission Rates at any time and at our sole discretion. You will be given 10 Business Days’ prior written notice (the “Notice Period”) of any such change. You will be given the option to opt out of the Program within the Notice Period and will, on the exercise of that option, be paid any Commission due to you, notwithstanding the total commission earnings requirement set out in Sub-clause 11.6 above.

12. Trade Marks

12.1. Upon your entry into the Program, we shall grant to you a non-exclusive, non-transferrable, royalty-free licence to use our logos and trademarks (our “Trade Marks”).
12.2. You may use our Trade Marks only to the extent required to establish links and perform your obligations as an Affiliate under these Terms & Conditions.
12.3. In the event that you wish to use our Trade Marks for any purposes outside of these Terms & Conditions you must not do so without prior written consent, such consent not to be unreasonably withheld.
12.4. By accepting these Terms & Conditions you hereby agree that:
12.4.1. our Trade Marks shall remain the property of Hypetrain, unless and until we assign those marks to a third party;
12.4.2. nothing in these Terms & Conditions shall be deemed to confer any ownership rights in our Trade Marks on you; and
12.4.3. you shall not contest the validity of our trade marks.

13. Intellectual Property

13.1. The Affiliate acknowledges that the Company and/or its licensors shall retain ownership of all rights, title and interest in and to all Intellectual Property Rights (“IPRs”) of Hypetrain or embodied in our website, including (but not exclusively) the Hypetrain logo and our content.
13.2. We are the sole and exclusive owners of all IPRs in our website including, but not limited to: all code, text, sound, video, graphics, images, photographs, course materials, and other materials that form a part of our site, platform, or services. We shall also be the sole and exclusive owners of all IPRs which may subsist in any supporting documentation which shall include, but not be limited to, site plans, maps, design sketches and other preparatory material.
13.3. We shall be the sole and exclusive owners of all IPRs which may subsist in all future updates, additions, and alterations to our website, platform, or services such material including any supporting documentation, advertising, marketing or promotional materials.
13.4. The Affiliate shall not (directly or indirectly) disclose, integrate, include, use, combine, exploit, incorporate or otherwise make the Hypetrain Materials (or any part thereof) available (a) with its own content and/or the content of any Hypetrain Competitor, or (b) to or for the benefit of (i) itself (save for enabling the participation in the Program in accordance with the terms of this Agreement), or (ii) any third party (including any Hypetrain Competitor) (whether for the promotion of, marketing of, reference to, promotion of, advertising of or otherwise in the interest of or to such party), or (c) for any other purpose or in any other manner and/or on or through third party platforms except as expressly provided for in this Agreement. The Affiliate shall not amend, alter, modify, distort, create derivative and/or new works based on and/or derived from the Hypetrain Materials and the Hypetrain Materials shall not include a (direct or indirect) link, reference, click-through or reference to (the website of) a Hypetrain Competitor. Upon termination or expiration of this Agreement, the Affiliate shall destroy, delete or upon first request of Hypetrain return all Hypetrain Materials (including all hard and soft copies).

14. Affiliate Warranties and Indemnity

14.1. In accepting these Terms & Conditions you hereby represent and warrant that:
14.1.1. The content on Affiliate's website, and/or the technology used by Affiliate in connection with Affiliate's website and/or the means by which users access Affiliate's website:
  • (a) does not and will not contain any content that (i) is in any way unlawful, harmful, threatening, obscene, harassing, discriminatory, defamatory or otherwise objectionable; (ii) facilitates or promotes violence, terrorism, or any other criminal activity; or (iii) is sexually explicit, violates public policy and morals;
  • (b) are owned, validly licensed for use by Affiliate or in the public domain;
  • (c) do not constitute defamation, libel, obscenity;
  • (d) do not violate applicable law or regulations;
  • (e) do not infringe or violate any copyright, patent, trademark or other similar intellectual property right, or otherwise violate or breach any duty toward, or rights of any person or entity, including without limitation, rights of privacy and publicity; and
  • (f) do not result in any consumer fraud, product liability, breach of contract to which Affiliate is a party or cause injury to any third party; 
14.1.2. Your website is and shall remain functional and, subject to the provisions of Clause 19 of these Terms & Conditions, reasonable downtime for maintenance or third-party access restrictions, accessible to all users of the internet;
14.1.3. All necessary authorities, consents and approvals have been obtained in respect of your obligations under these Terms & Conditions and will remain valid and effective throughout the Term;
14.1.4. Your obligations under these Terms & Conditions shall constitute legal, valid and binding obligations on you. Such obligations shall be direct, unconditional and general obligations;
14.1.5. You will not refer to us in any way in any unsolicited bulk email campaigns or other spamming practices that you may conduct;
14.1.6. You have the full legal power and authority to enter into this Agreement and that the terms of this Agreement do not violate any obligation or duty to which you are bound, whether arising out of contract, operation of law, or otherwise;
 You are an independent contractor for all purposes, and will be responsible and liable for your own taxes, social contributions and all other tax related matters; and
14.1.8. You hold and have complied with all permits, licenses and other governmental authorizations necessary for conducting, carrying out and continuing your operations and business.
14.2. By accepting these Terms & Conditions you agree that you shall indemnify us in full against all liability, loss, damages, costs and expenses (including legal expenses) awarded against or incurred or paid by us as a result of, or in connection with:
14.2.1. breach of any warranty given by you in relation to your website;
14.2.2. any claim that your website or your activity infringes the patent, copyright, trade mark or other intellectual property rights of any other person, except to the extent that the claim arises from compliance with any terms stipulated by us; and
14.2.3. any act or omission by you or your employees, agents or sub-contractors in performing your obligations under these Terms & Conditions.
14.3. The Affiliate hereby agrees and acknowledges that for the Term of this Agreement and continuing thereafter:
(i) Any logo(s) used on the Affiliate website(s) (including all other websites owned, controlled or hosted by the Affiliate) shall be distinctly different to the Hypetrain logo (save for any logo that may be provided by Company for use by the Affiliate under or pursuant to this Agreement); and 
(ii) the Affiliate shall not in any way imitate or copy the Hypetrain Website, products or services (in general or in respect of certain (new) features, look-and-feel, pages, form, composition or aspects).

15. Disclaimers

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 or customers, 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. We provide the Service Packages and our services on an "as is" and "as available" basis.
15.2. We make no guarantee of any specific results from the use of our website or from enrollment in the Program.
15.3. We make no guarantee that our website shall remain functional and accessible to all users (customers) of the internet.

16. Liability

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 entire 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 $10.
16.3. Notwithstanding any other provision in these Terms & Conditions, our liability to you for death or injury resulting from our own negligence or that of our employees, agents or sub-contractors shall not be limited.

17. Term and Termination

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 enrollment 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. The Initial Term and the Renewal Term(s) shall form the term of this Agreement (the "Term").
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 when the other Party has committed a material breach of these Terms & Conditions or the Agreement and such breach has remained uncured 5 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 10 Business Days before the end of the Current Term.
17.4. Upon the termination of the Agreement for any reason, you shall remove the links established under these Terms & Conditions.
17.5. Upon the termination of the Agreement for any reason, all licenses granted 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.
17.7. We reserve the right to determine which Affiliates are qualified to participate in our Program within the Hypetrain Academy, as well as modify, add to or change eligibility requirements from time to time at our sole discretion. We reserve the right to immediately terminate this Agreement and your participation in the Program, if you fall into one of the fraudulent or illegal activities, or your practices are determined by us as violative, deceptive, misleading or prohibited during the Term.

18. Confidentiality

18.1. Each Party (a “Receiving Party”) shall keep the Confidential Information belonging to the other Party (a “Supplying Party”) confidential and secret and shall not use or disclose or make the Confidential Information available, directly or indirectly, to any person other than its officers and employees who need the Confidential Information to enable the Receiving Party to perform its obligations under these Terms & Conditions and provided that such officers and employees are also obliged to keep such Confidential Information confidential and secret. The foregoing obligations shall not apply to any information acquired by the Receiving Party which:
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. Each Party hereby agrees and undertakes:
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.

19. Force Majeure

Neither Party to these Terms & Conditions shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to, power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.

20. Severance

The Parties agree that in the event that one or more of the provisions of these Terms & Conditions is found to be unlawful, invalid, or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms & Conditions. The remainder of the Terms & Conditions shall be valid and enforceable.

21. Notice

Unless otherwise stated in these Terms & Conditions, the Parties agree that all notices to be served under the Agreement shall be in writing and may be sent by email to the other Party’s Registered Email Address.

22. Entire Agreement; Modifications

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 modified only by a document signed by both of the Parties.

23. Waiver; Exclusivity; Assignment

23.1. No Waiver - The Parties shall agree that no failure by either Party to enforce the performance of any provision in these Terms & Conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms & Conditions. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
23.2. Non-exclusivity - The relationship between the Parties shall be and shall remain non-exclusive. Both parties are free to enter into similar relationships with other parties.
23.3. Non-assignment - You may not assign any or all of your rights or obligations under these Terms & Conditions or the Agreement without our prior written consent, such consent not to be unreasonably withheld.

24. General

24.1. These Terms & Conditions and the Agreement shall be governed by the laws of the State of Delaware in the United States, without regard to its conflict of laws principles.
24.2. Any dispute between the Parties relating to the Agreement shall be fall within the jurisdiction of the courts of the State of Delaware.
24.3. In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.