The conditions of use for the affiliated users described in this document (hereinafter, “Conditions for Affiliates”) constitute a contract that regulates the relationship between PlaybookX Sdn Bhd. (hereinafter, “PlaybookX” or “us” or “we”) and the affiliates (hereinafter, the “Affiliates”). Affiliates are users who earn commissions for the sales of our Courses (defined here) generated from their website in accordance with the PlaybookX affiliate program (hereinafter, “Affiliate Program”) described in this document.
1. Enrollment in the Affiliate Program
- To be part of our Affiliate Program, you must create an account on our website, www.eduplay.com.my.
- Once you have created an account, you must send us an application to apply to our Affiliate Program (hereinafter, the “Application”). In the Application you must identify the website or social media platform where you intend to advertise the PlaybookX content and you must provide us with your contact information, which must be true, complete and updated. The Application that you will need to fill out and send to us is available on become an affiliate page.
- If we decide to accept your Application you will receive a confirmation email. We reserve the right to accept or reject any Application for whatever reason we deem appropriate. Among other reasons, we may reject your Application if the information you have provided is incorrect, incomplete and/or out of date. We may also reject your Application if your website contains images, illustrations, photographs, videos, sounds, text, comments, information, data, graphics, news, articles, etc. (hereinafter “Content”) that are illegal, defamatory, injurious, slanderous, obscene, pornographic, abusive, offensive, infringing on any rights of third parties, disclosing data of third parties, containing threats, and/or of any other nature that we deem inappropriate or objectionable. Further, we can also reject your Application if you or your website discriminate, break any laws or any of the conditions of use published by us, or if you infringe any third parties’ intellectual and/or industrial property rights. We can also reject your Application should your website not be related to our Courses categories and/ or if your website does not have the minimum number of followers that we consider appropriate for a successful collaboration.
- If we accept your Application, we will send you a welcome email so that you can access the Affiliate Panel (hereinafter, the “Center”). From the panel you will be able to download banners, text and other types of links, articles, reference sources (hereinafter, “Promotional Materials”) and generate the affiliate promotional URLs. You will also be able to access your reports detailing the sum of the commissions owed to you. It is your responsibility to keep secret all your information, such as your username and password.
- You must ensure that your data, including your email address, is complete and always up to date. We may send you communications to the email address associated with your account. We will understand that you have received all notifications that we have sent to the email address associated with your account, even if you have changed your email address. Therefore, if you change your email address you must notify us as soon as possible.
2. Affiliates’ Obligations
As a member of our Affiliate Program, you agree to:
- Insert links, banners, and other means of linking (hereinafter, “Links”) in accordance with the established specifications. On your panel you will be able to download some technical materials, including links, advertisements such as banners and other advertising content, and any documents related to the above (altogether, “Reference Materials”). When third parties click on the Links to buy any of our Courses, you will receive a commission in accordance with the conditions established in the “Affiliate Commissions” section of this document.
- Be responsible for the maintenance and updating of your website. We will notify you by email of all changes regarding our Links and/or Reference Materials for you to update on your website. You will be solely responsible for updating the Links and/or Reference Materials on your website so that they are consistent with our Courses.
- Comply with current applicable legislation, including legislation related to copyright and industrial property. We are not liable for any infringements of copyright and/or industrial property of third parties nor for any other violation of any law on your part.
- Abstain from requesting, inducing, influencing or encouraging any of the teachers of our Courses, either directly or indirectly, in your name or in the name of another person and/or entity, to share their Course on your website and/or to terminate or breach their contract with us. If you are both an Affiliate and a teacher, you agree not to upload your Courses to your website and/or third party websites.
3. Affiliates’ Responsibilities
As a member of our Affiliate Program, you accept:
- That we monitor your website at any time to determine if you are complying with the Conditions for Affiliates. If, in our opinion, we determine that you are failing to comply with them, we will notify you of the changes that we believe you should implement in order to continue to comply with your obligations. If we inform you that you must remove any Content from your website, you must remove it within a period not exceeding 24 hours from the date you receive our notification.
- That you may not advertise or promote our Courses through paid advertisements without the express authorization of PlaybookX. If you want to place paid advertisements, you must send an email to our affiliates’ manager at firstname.lastname@example.org and explain your business strategy. Once we have studied your strategy, we will contact you to let you know whether or not we allow you to place the paid advertisement that you have explained to us.
- That you cannot make any use, be it total or partial, of the PlaybookX trademarks, or of any denomination and/or logo identical or similar to that protected by the PlaybookX trademarks, for any kind of products and services, whether they are identical or similar. Any full or partial use of any other industrial and/or intellectual property rights owned by PlaybookX is also prohibited.
Any use or exploitation of any industrial and/or intellectual property rights owned by PlaybookX will require prior written authorization from us. Specifically, the user is prohibited from reproducing, distributing, publicly communicating (including the right of making available to the public), fixing, transforming and, in any other way, exploiting any content owned by PlaybookX without our prior written authorization.
The provisions of this point (d) are applicable without prejudice to the provisions of point (h) of this same section and in the “Licenses” section.
- Be solely responsible for the Content of your website. You may not promote our Courses on web pages that contain illegal, defamatory, injurious, libelous, obscene, pornographic, abusive, or offensive content that infringes any third party’s right or that contains any other Content that we consider unacceptable.
- Do not copy our website, apps, or social media. Neither your website nor any other means of communication of yours can copy and/or resemble the interface, appearance and/or image of our website, apps or any of our social media. You also may not use the texts that we use on our website unless it is to describe our Courses or their content. You may not create the impression that your website is part of or associated to ours.
- Be solely responsible for your use of the Content that you obtain from us. You may create your own Promotional Materials using our website as a reference. You may also use images of the Courses or part of the texts you find on our website to create your Promotional Materials, always marking them with the PlaybookX logo. This does not mean that you may download, copy and/or use the Courses or any of their Content to share them on your website.
- Do not publish or use Links that carry viruses, Trojan horses, worms, time bombs, damaged files, malware, spyware, or any other software of this type that could damage the functioning of the computer or the property of third parties.
- Be honest with third parties regarding your relationship with us. Accordingly, you must not deceive or embellish your relationship with us, or imply any relationship or affiliation between you and PlaybookX that exceeds what is expressly defined by these Conditions for Affiliates. You may not present yourself as an agent or employee of PlaybookX or declare that you have the power to hold PlaybookX legally liable under the terms of a contract.
- Do not use a browser extension to advertise our Courses without our prior written consent. All coupon codes available on the extension must be previously approved by PlaybookX. You also agree that your browser extension does not allow users to upload new coupons to the extension source.
- Be careful whom you do business with. You may not use marketing practices that might attract fake customers. We, at our sole and exclusive discretion, will determine whether a person is a fake customer or not.
4. Commissions for Affiliates
- The commissions you generate while you hold the status of Affiliate will be calculated in the manner established in the following points of this section. These commissions will be payable as long as there is no legal impediment and you have not breached the Conditions for Affiliates or any other regulations and/or policies published by us
- The Affiliate’s commission is set up in your account. The commissions owed to you are calculated depending on the number of clients you have attracted, that is, the number of users who pay for a Course they have accessed using your Links and/or Reference Materials. We reserve the right to accept users as customers or not to do so.
- Affiliates commissions will be paid out monthly. The payment will be disbursed through bank transfer. Should we close your account due to a violation of these Affiliate Terms or any other PlaybookX terms, regulations and/or policy, we reserve the right to withhold all future payments due to you. To receive payments, you must complete your profile with your bank account and your tax details.
- Affiliates are solely responsible for ensuring that they can receive payments from PlaybookX. Further, Affiliates will be responsible for the charges, duties, taxes, exchange rates, surcharges and other charges that you may incur when receiving commission payments. If you do not know if some of the aforementioned expenses apply to you, please check with your bank.
- If we deem that the payment of commissions is illegal under any applicable law in a specific territory, we reserve the right not to pay you the commissions earned for sales in that territory.
- We may withhold payment of your commissions for a reasonable period of time in order to verify that you are being paid the correct amounts.
- PlaybookX reserves the right to withhold payments due to you if there has been no substantial activity on your account for 2 years.
You grant us a license to use your image, your name, your brand and/or any other rights over images, industrial and/or intellectual property that belong to you so that we may use it in our advertising, marketing and/or promotions, but we are not required to do so. We can make use of these on any format and any channel and/or media (currently known or any other that may be developed in the future), be it digital, printed and/or any other analog.
This license is non-exclusive, transferable, global, fully paid, royalty-free, it is granted for the maximum time established in the current applicable legislation and it affords the power to sub-license. The license to utilize or use your image rights will be revocable or not according to the provisions by the pertinent national legislation, but in any case, the request for revocation of the use of the affiliate’s image rights, should it be legally possible, must be notified to PlaybookX Sdn Bhd. in writing to the email address provided for this purpose TWO MONTHS before the effective date of cessation of the use of image rights.
- We grant you a sole and exclusive license to use images of the Courses or part of the texts that you find on our website, as well as our brand, to promote our Courses on your website, as established in point (h) of the section “Affiliates’ Responsibilities.”
- Both you and we shall retain all image, intellectual property and/or industrial property rights that we hold on any material and/or Content. Further, both you and we agree not to use the materials of the other party in a manner that is degrading and/or harmful to them in any way.
6. Disclaimer of Warranty
PlaybookX and its subsidiaries, affiliates, officers, employees, members, agents, managers, shareholders, directors, suppliers and their respective successors and assignees, the entities that provide information, content or services for the PlaybookX Services, the Course teachers and staff (collectively referred to as “PlaybookX Parties”) do not offer specific guarantees on the Affiliate Program other than those expressly set forth in these Conditions for Affiliates. You expressly acknowledge and accept the risk and responsibility of being part of the Affiliate Program.
THE AFFILIATE PROGRAM IS PRESENTED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT OF THE LAW, EXCEPT TO THE EXTENT THAT SUCH IMPLIED WARRANTY CANNOT BE DISCLAIMED UNDER THE APPLICABLE LAW. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR THE USE AND FOR YOUR PARTICIPATION IN THE AFFILIATE PROGRAM.
FURTHER, PLAYBOOKX AND THE PLAYBOOKX PARTIES DO NOT WARRANT THAT THE AFFILIATE PROGRAM (A) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT IT WILL MEET THE DESIRED OBJECTIVES, (B) WILL NOT BE INTERRUPTED, BUT NEITHER DO WE GUARANTEE THAT IT BE UNINTERRUPTED, SAFE, OR FREE OF ERRORS, OR THAT ANY ERRORS WILL BE
CORRECTED (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND/OR (D) WILL BE ACCURATE, COMPLETE, CURRENT, ERROR- FREE, COMPLETELY SAFE OR RELIABLE. WE ALSO DO NOT GUARANTEE THAT IT WILL ALWAYS BE AVAILABLE.
YOUR PARTICIPATION IN THE AFFILIATE PROGRAM IS AT YOUR OWN RISK. ACCESS OR DOWNLOADING OF INFORMATION, PROMOTIONAL MATERIALS OR DATA THROUGH OUR SERVICES IS AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING ITS COMPUTER SYSTEM) OR LOSS OF DATA ISSUING FROM YOUR PARTICIPATION IN THE AFFILIATE PROGRAM AND THE DOWNLOAD AND/OR USE OF COURSES, PROMOTIONAL MATERIALS, REFERENCE MATERIALS, LINKS AND/OR ANY OTHER TYPE OF CONTENT.
You also bear the risk of bodily injury, including death or damage to personal property, from your participation in the Affiliate Program.
7. Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER PLAYBOOKX NOR THE PLAYBOOKX PARTIES SHALL BE LIABLE FOR LOSSES OR DAMAGES, BE THEY REAL OR CONSEQUENTIAL, DERIVED OR RELATED TO THESE CONDITIONS FOR AFFILIATES, OR THE USE (OR USE BY THIRD PARTIES) OR IMPOSSIBILITY OF USE OF THE SERVICES, OR YOUR PLACEMENT OF THE CONTENT THROUGH OUR SERVICES, OR YOUR CONFIDENCE IN THE INFORMATION OBTAINED THROUGH OUR SERVICES, WHETHER YOUR CLAIM IS BASED ON A CONTRACT, TORT, STATUTORY LAW OR OTHER TYPE OF LAW.
IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PLAYBOOKX NOR THE PLAYBOOKX PARTIES SHALL HAVE ANY LIABILITY FOR CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER THEY ARE PREVISIBLE OR NON- PREVISIBLE, AND BE IT BECAUSE PLAYBOOKX OR ANY OF THE PLAYBOOKX PARTIES HAS OR HAS NOT BEEN NEGLIGENT OR OTHERWISE GUILTY (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOST PROFIT, LOSS OF DATA, OR INTERRUPTION IN THE AVAILABILITY OF DATA). YOU ACCEPT, UNDERSTAND AND AGREE THAT THIS DISCLAIMER OF LIABILITY AND RISK INCLUDES YOU AND YOUR DESCENDANTS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNEES.
IF APPROPRIATE, YOU WAIVE SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH IS ESTABLISHED IN THE CORRESPONDING PART: “A GENERAL RELEASE
DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR BY HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
All previous limitations to the liability of PlaybookX and/or the PlaybookX Parties toward you will apply regardless of whether PlaybookX and/or the PlaybookX Parties have been warned or should have been warned of the possibility of the occurrence of such losses.
Some laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
You agree to defend, hold harmless and indemnify PlaybookX and the PlaybookX Parties against any third-party claim, action or demand that arises or is otherwise related to your use of the Affiliate Program, as well as for your breach of the Affiliate Terms, including all liability or expense arising from all claims, losses, damages (actual and resulting), legal actions, trials, litigation costs and attorneys’ fees of any kind and nature. In such event, PlaybookX and the PlaybookX Parties will provide you with written notice of such claim, demand or action.
PlaybookX may terminate this contract with you at any time and for any reason by written notification. Written notification may be sent by post, email or fax. Among other reasons, the breach of any condition established in this document by you will suppose a violation of the Conditions for Affiliates and sufficient reason to cancel your Affiliate status.
As an Affiliate, you can also terminate this contract by written notification to PlaybookX. If you stop being an Affiliate, you will not be able to continue using the Links, the Promotional Materials or the Reference Materials, and you must remove from your website the images of the Courses or part of texts that you have obtained from our website, and/or any other PlaybookX promotional material.
The contract will be dissolved by sending an email notification to the address email@example.com. Your Affiliate status will be canceled within 30 days from receipt of notification by PlaybookX. The amounts due, if they exist and are payable, will be paid within 30 days from your notification.
Playbookx reserves the right to remove, modify or replace any part of these Affiliate Terms. We also reserve the right to change Affiliate commissions, payment procedure and/or Promotional Materials, Links and/or Reference Materials.
If we modify the Affiliate Terms, any other policies or regulations published by PlaybookX in relation to the Affiliate program, we will make reasonable efforts to notify you. If you continue to be an Affiliate after the changes are published, that is, if you decide not to end the contract in the manner established in the “Termination” section of these Affiliate Terms, it will mean that you accept them.
These Conditions for Affiliates constitute the contract between you and us. You guarantee that these Conditions for Affiliates represent a legal, valid and binding obligation on your part. Further, you guarantee that you are at least 18 years old and that you can accept and be bound by these Conditions for Affiliates, as well as to comply with them.
You and we will be considered independent contractors inside the purview of these Conditions for Affiliates. No provision contained in these Conditions for Affiliates shall be construed to create a partnership, joint venture, employment, agency, fiduciary or other similar relationship. You may not make any statements, either on your website or anywhere else, that contradict the provisions of this paragraph.
No terms put forth in these Conditions will prevent us from filing with any court the pertinent actions for breach of our intellectual and/or industrial property rights.
These Conditions will be governed and interpreted in accordance with the federal laws (Malaysia). These terms shall not limit any consumer protection to which you may be entitled under the legislation in force in your country of residence.
You agree that the federal laws (Malaysia) apply to any conflict arising from or relating to these Conditions or the Courses and/or Services. Further, you agree to submit to the exclusive jurisdiction of the federal or state courts of the County (Kuala Lumpur, Malaysia) to resolve the claims derived from these Conditions or the Courses and/or Services, or related to them.
Failure to exercise or enforce a right or provision of the Conditions for Affiliates on our part will not constitute a waiver of said right or provision. If a competent jurisdiction court determines that any of the provisions of the Conditions for Affiliates is invalid, the parties agree that the court should seek to give effect to the intentions of the parties as reflected in the text of the Conditions for Affiliates, remaining the provisions of the Conditions for Affiliates not invalidated are in force.
PlaybookX may assign its rights and obligations stipulated in the Conditions for Affiliates to any party, at any time and without prior notice.
All rights external to PlaybookX not expressly mentioned are reserved.