Walen School’s Terms and Conditions of Use
Welcome to Walen School’s Independent Affiliate Program!
These Terms & Conditions shall only be considered as valid in the original English version, any translated versions might not be correctly translated since we may use an automated translation service for various languages. We accept no liability for mistakes in translations.
If you join the Walen School affiliate program as an independent associate you agree to comply with the following Terms & Conditions of Use.
Every Independent Affiliate and user of our services must fully read this legal disclaimer, understand, and agree to the legal terms stipulated.
1. EARNINGS DISCLAIMER
Every effort is made to accurately represent the services provided. Walen School provides absolutely no guarantee that you will earn any money or achieve any financial goal using our affiliate program, any examples or demonstrations provided are in no way a guarantee or assurance that an individual will make financial gains of any kind. The potential for earnings is totally dependent on the person using our website, services, method and skillful use of the DCS (dynamic commission system). Walen School and the websites it operates do not provide or recommend any "get rich quick schemes" or "make money quickly schemes”.
Your actual level of success in obtaining high earnings will depend on the time you devote to develop your business, your own financial resources, your business experience, skills, “know how” and your own knowledge. All these factors vary from one individual to another. We cannot guarantee the level of earnings you may obtain or your financial success or your income level or any other outcome you desire.
Walen School does not assume any responsibility in any way for actions or behavior of Walen Independent Affiliates.
Content and functionality included in our services, website and marketing materials may contain information that include or are based on forward-looking statements. Forward-looking statements indicate our forecasts or expectations of future events. You can identify these statements by the fact that they do not relate strictly to current or historical facts. They also use words such as "Expect", "Anticipate", "Believe", "Estimate", "Project", "May", "Possible", "Plan", "Intend" and other words, phrases and terms of similar meaning in relation with descriptions of potential or possible income, earnings or other financial performance.
No guarantees are given by Walen School that you will achieve any financial results whatsoever. Your results will most likely vary from other people’s.
You must do your own independent research prior to engaging in any kind of business activity when you have expectations of specific results.
Walen School is a brand that is wholly owned by Walen Education Co. Ltd. (hereinafter referred to as “Walen School”). Walen School’s website (www.walenschool.com) is a website providing online education.
Walen and any of our subsidiaries, do not guarantee or represent that any “Independent Affiliate", will be making profits. For clarification purposes an Independent Affiliate is someone who promotes Walen School and is receiving commissions from referrals to our services through our DCS affiliate program.
We reserve the right at our own discretion to modify accounts, suspend or terminate the access to our services if we determine an affiliate is acting or behaving in an inappropriate manner or is in violation of our Terms & Conditions of Use. This may happen without any notice given. Furthermore, as a result of account termination no refunds will be issued and unpaid commissions will be forfeited by the terminated affiliate.
You agree that Walen School shall have the non-exclusive right and license to use your name and image to promote our business. You also agree that Walen School may identify you as a Walen School affiliate and inform other potential customers that you are independently associated with Walen School. You may be identified you as such in the various forms of online and offline publicity.
Affiliates will not make purchases from Walen School which are above their financial ability so as not to cause financial problems for themselves or their families. Walen School does not hold any liability over the affiliate's financial responsibilities. We discourage anyone from making a purchase priced beyond their financial means.
You agree to refrain from copying, duplicating, and/or soliciting information, materials, and other properties owned by Walen School, or any of the products and services we provide unless we grant YOU prior written approval and consent.
2. BASIS OF COOPERATION
Active Affiliates of Walen School may choose to participate in promotional activities and receive certain bonuses, commissions and rewards based on their position in the company’s structure as well as their personal business performance.
3. INDEPENDENT AFFILIATE STATUS
Walen School reserves the right to decline any registration of an independent affiliate for any reason, at its sole discretion.
The Independent Affiliate uses his/her best effort to promote services of Walen School to consumers pursuant to the agreement contained within the Terms and Conditions. In doing so, Independent Affiliates will maintain high standards of honesty, integrity and good business ethics when dealing with consumers, Walen School or other Independent Affiliates. If Independent Affiliates fail to register their account accurately this may result in withdrawal delays or in termination of the account depending on the severity of the false information provided.
Natural persons must be mature and able to handle their own affairs and enter into formal agreements independently, without any mental impairment. People unable to act on their own (e.g. when under psychiatric care or in custody) are not allowed to become Independent Affiliates. Should any of these conditions arise after a registration is made – e.g. treatment, imprisonment, etc. – the Affiliate’s position will be temporarily suspended
An initial purchase is required to become an Independent Affiliate and user of DCS. As an Independent Affiliate, you agree to authorize the company to accept data that you enter in your profile section for withdrawal and deposit transactions. Any automatic, recurring, billing of the membership fee (if any) is not refundable and will not be prorated. You authorize Walen School to initiate debit entries from the E-wallet in your account for the purchases made on the Site.
Independent Affiliates are Independent Contractors responsible for determining their own activities without direction or control by Walen School. They are not franchisees, joint venture, legal business partners, employees or agents of Walen School and are prohibited from stating or implying that, whether orally, in writing or otherwise. Independent Affiliates have no authority to bind Walen School to any obligation whatsoever. Walen School is not responsible for payment or co-payment of any employee benefits, taxes or other obligations of Independent Affiliates. Independent Affiliates are responsible for liability, health disability and worker's compensation insurance and any other requirements that apply in their own territory and jurisdiction. Independent Affiliates set their own hours and determine how to conduct business, subject to Terms & Conditions.
Independent Associates earnings come from commissions ONLY. Walen School does NOT offer any investment products, advice or services. There is NOT any investment made on our platform, site or within our systems. Purchase of education is NOT a financial investment and there is not any kind of return on investment offered.
4. LEGAL AGE
Independent Affiliates must be of legal working age in the state / province / country of their residence. As a rule of thumb legal working age of majority of countries is considered 14-16 years old. Please follow your country of residence legal requirements regarding working age when joining Walen School as an Independent Affiliate.
5. YOUR RESPONSIBILITIES
Affiliates MUST treat their DCS account and data therein confidentially. The username and password must NOT be disclosed to anyone. It is recommended that passwords are changed periodically. Walen School assumes no responsibility for any losses or other problems arising from the affiliate’s password getting into the hands of an unauthorized third person.
The basis for the relationship between Walen School and its Independent Affiliate(s) is the Terms & Conditions of Use. Independent Affiliate(s) understand that they will act as an independent market player at their own risk and will act responsibly when participating in the system and/or referring new Independent Affiliates to the system. Independent Affiliates are responsible for their own acts, statements and behavior and no responsibility for their acts, statements and behavior may be passed over to Walen School. By accepting the Terms & Conditions of Use Affiliates agree to automatically enter into a cooperation agreement with Walen School.
6. FAKE ACCOUNTS
A person may not apply as an Independent Affiliate using a fictitious or assumed names. If it turns out that an Independent Affiliate is actively building two separate (cross-line) businesses under false or fictitious names, Walen School will take steps to terminate all accounts involved and commission will be forfeited.
7. DOUBLE ACCOUNTS
It is Walen School’s policy that only one account per user is allowed, if it is discovered that an Independent Affiliate has signed up with more than one account, all accounts in question will be suspended immediately and be subject to possible termination based to the discretion of the compliance team. The design of the DCS system does not give double account holders any advantage over the single account holders, however because of lack of initial understanding some users may not realize that this is the case and may engage in this forbidden practice.
8. DOUBLE SPONSORING
Double sponsoring is not allowed. Double sponsoring happens when a natural person (or legal entity) intends to register as a new Independent Affiliate with Walen School although they are already a registered Independent Affiliate. Using the name of someone’s spouse, other family member, corporate structure, the name of a company or association or using different identification documents or resorting to any other misleading practice to circumvent the “no double sponsoring” rule are also not allowed. Similarly, no Independent Affiliate is allowed to entice or encourage any other Independent Affiliate to change sponsors and register under him/her using any of the above unethical methods.
As an Independent Affiliate you are not allowed to promote or try to recruit Walen School Independent Affiliates to other businesses, especially, but not limited to those similar in nature. As part of the requirements to receive commissions from Level 5 Emerald or higher in the marketing plan, you agree not to be involved or engaged in any other similar business model.
10. CROSS SPONSORING
An Independent Affiliate may not sponsor, or attempt to sponsor, any non personally sponsored Independent Affiliates to any other company with a similar business model. In addition, no Independent Affiliate may participate in any action that causes another Independent Affiliate to be sponsored through someone else into another company with a similar business model.
As Independent Contractors, Independent Affiliates will not be treated as franchisees, owners, employees or agents of Walen School for tax purposes including, but not limited to creation of any employer/employee relationship or any type of joint venture or joint ownership. Independent Affiliates are not classed as employees from an industrial or taxation point of view. It is the Independent Affiliates’ sole responsibility to comply with all taxation and legal regulations and obligations in their own territory and jurisdiction. Walen School will deduct all the relevant taxes from commissions as required by the local jurisdiction of its operations. Walen School will not deduct any taxes or duties from an Independent Affiliates’ bonuses and other remuneration, except when the School is obliged under law to do so. Walen School will not be held responsible for any non-compliance with prevailing tax regulations and legal requirements on the part of its Independent Affiliates.
Independent Affiliates are not representatives or agents of Walen School and they may not hold themselves out to be as such. Independent Affiliates may not enter into any agreement with third parties, create expenses, make commitments or open accounts on behalf of Walen School. Independent Affiliates are free to decide how and when they run their own Walen School business and to set their own specific goals and agendas as long as they remain within the framework and the spirit of the Terms as well as legal requirements and generally accepted codes of conduct.
All expenses incurred during the course of expanding their own Walen School Independent Affiliate business (e.g. travel, food, accommodation, business and administration costs, telephone and telecommunication, training, etc.) are to be borne by the Independent Affiliates. All independent Affiliates are responsible for their taxes in accordance with their tax residence jurisdiction.
12. COMPLIANCE WITHIN YOUR COUNTRY OF RESIDENCE
Independent Affiliates must comply with their respective country and local statutes, regulations and ordinances concerning the operation of their business. Independent Affiliates are responsible for their own managerial decisions and expenditures including all estimated income and self-employment taxes. It is your sole responsibility to ensure you follow the laws of your country.
13. INCOME CLAIMS
Independent Affiliates must truthfully and fairly describe the Walen School Compensation Plan. No past, potential or actual income claims may be made to prospective Independent Affiliates, nor may Independent Affiliates use their own incomes as indications of the success assured to others. Remuneration may not be used as marketing materials. Independent Affiliates may not guarantee commissions to prospects. This would be considered enticement and is in breach of our Terms & Conditions of Use.
14. TRANSFER OF SPONSORSHIP LINES
Walen School does not permit the transfer of sponsors. Walen DCS is a business of creating relationships. Once an Independent Affiliate is sponsored, Walen School provides maximum protection of that relationship for the benefit of all Walen School’s Independent Affiliates.
15. VOLUNTARY RESIGNATION
Independent Affiliates are free to ask for the termination of their positions, if they wish to end their association with Walen School. This, however, will result in Independent Affiliates becoming ineligible to receive commissions as their positions will be cancelled. An Independent Affiliate who resigns or terminates their Independent Affiliate status may re-apply as Independent Affiliate six (6) months after resignation under their old sponsor or a new sponsor.
Walen School has the right, in its sole discretion, to suspend or terminate any Independent Affiliate account and/or access to the Walen School website and/or Walen School DCS back office. In such an event, all e-wallet balances, board wallet balances and reward points will be subject to suspension or forfeiting. Independent Affiliates may be suspended for violating the terms of his or her Agreement, which includes these Terms & Conditions of Use. When a decision is made to suspend an Independent Affiliate, Walen School will inform the Independent Affiliate in writing that the suspension has occurred, with or without the reason for the suspension and the steps necessary to remove such suspension (if any).
The suspension notice will be sent to the Independent Affiliate’s email address on file pursuant to the provisions contained in the Terms & Conditions of Use. Such suspension may or may not lead to termination of the Independent Affiliate account as so determined by Walen School at its sole discretion. If the Independent Affiliate wishes to appeal, Walen School must receive such appeal in writing within fifteen (15) days from the date of the suspension notice. Walen School will review and consider the suspension and notify the Independent Affiliate in writing of its decision within thirty (30) days from the date of the suspension notice. The decision of Walen School will be final and subject to no further review. Walen School may take certain action during the suspension period, including, but not limited to, the following:
Prohibiting the Independent Affiliate from holding himself or herself as an Independent Affiliate or using any of Walen School's proprietary marks and/or materials
Withholding commissions and bonuses that are due the Independent Affiliate during the suspension period
Prohibiting the Independent Affiliate from purchasing services and products from Walen School; and/or
Prohibiting the Independent Affiliate from sponsoring new Independent Affiliates, contacting current Independent Affiliates or attending meetings of Independent Affiliates.
If Walen School, at its sole discretion, determines that the violation which caused the suspension is continuing, and has not satisfactorily been resolved or a new violation involving the suspended Independent Affiliate has occurred, the suspended Independent Affiliate account will be terminated.
Independent Affiliates may be immediately terminated for violating the terms of their agreement, which includes Terms & Conditions of Use upon written notice. Walen School at its sole discretion may terminate a violating Independent Affiliate without placing the Independent Affiliate on suspension. When the decision is made to terminate an Independent Affiliate, Walen School will inform the Independent Affiliate in writing of the termination and termination notice will be sent to the Independent Affiliate’s email address on file pursuant to the provisions contained in the Terms & Conditions of Use.
If for any reason multiple account registrations have been brought to the attention of Walen School, all accounts will be subject to suspension and possible termination. Walen School may also terminate any membership to comply with applicable laws, protect its property or the property of others, ensure the safety of Walen School and others or if Walen School reasonably determines that a registrant has or is likely to engage in any activity that violates these T&C.
18. EFFECT OF TERMINATION
Immediately upon termination, the terminated Independent Affiliate:
Must remove and permanently discontinue the use of the trademarks, service marks, trade names and any signs, labels, stationary or advertising referring to or relating to any product, plan or program of Walen School.
Must cease representing themselves as an Independent Affiliate of Walen School.
Loses all rights to his or her Independent Affiliate position in the Compensation Plan and to all future commissions.
Must take all action reasonably required by Walen School relating to protection of Walen School's confidential information. Walen School has the right to offset any amounts owed by Independent Affiliates to Walen School including, without limitation, any indemnity obligation agreed to in T&C from commissions or other compensation due to the Independent Affiliate.
19. REAPPLICATION AFTER TERMINATION
The acceptance of any reapplication of a terminated Independent Affiliate or the application of any family member of a terminated Independent Affiliate shall be at the sole discretion of Walen School and can be denied without giving a reason.
If an Independent Affiliate wishes to appeal the termination, Walen School must receive the appeal in writing within fifteen (15) days from the date of notice of termination. If no appeal is received within the fifteen (15) days period, the termination will automatically be deemed final. If an Independent Affiliate files a timely notice of appeal, Walen School will review the appeal and notify the Independent Affiliate of its decision within ten (10) days after receipt of the appeal. The decision of Walen School will be final and subject to no further review. In the event the termination is not rescinded, the termination will remain effective as of the date stated in the original termination notice. All appeals should be submitted to the Compliance Department of Walen School. All appeals must be clearly written and include all account holder required information for the appeal to be reviewed. Missing pertinent data will result in the appeal being denied.
21. CONDITIONS OF DCS ACCOUNT TRANSFERABILITY BY SALE
Independent Affiliates may not sell or transfer his or her Independent Affiliate DCS account (or rights thereto) without the prior written approval of Walen School and compliance with the following conditions:
Walen School possesses the right of first refusal with respect to any sale or transfer of any Independent Affiliate DCS account. An Independent Affiliate wishing to sell or transfer his or her Independent Affiliate entity must first provide Walen School with the right and option to make such a purchase or receive such transfer in writing on the same terms and conditions as any outstanding or intended offer. Transferor is required to fill out a Transfer of Ownership form and submit it to the Compliance Department of Walen School. Walen School will advise the Independent Affiliate within fifteen (15) business days after receipt of such notice of its decision to accept or reject the offer. If Walen School fails to respond within the fifteen (15) day period or declines such offer, the Independent Affiliate may make the same offer with a detailed explanation of the circumstances. If the second (2nd) request is denied. No further request will be taken into consideration.
The selling Independent Affiliate must provide Walen School with a copy of all documents which detail the transfer, including, without limitation, the name of the purchaser, the fully filled out Transfer of Ownership form and required supporting documentation; and
An office administration transfer fee of 950 USD or 10% of the monthly earnings of the account will be charged by Walen School.
Transfer documents must contain a contract made by the selling Independent Affiliate party for the benefit of the proposed purchaser not to compete with the purchaser or attempt to divert or sponsor any existing Independent Affiliates for a period of two (2) years from the date of the sale or transfer; and
Upon a sale, transfer or assignment being approved in writing by Walen School, the buying Independent Affiliate must assume the position and terms of agreement of the selling Independent Affiliate and must execute a current agreement and all such other documents as required by Walen School; and
Walen School reserves the right, at its sole discretion, to stipulate additional terms and conditions prior to approval of any proposed sale or transfer. Walen School reserves the right to disapprove any sale or transfer.
22. CIRCUMVENTION OF POLICIES
If it is determined, at Walen School's sole discretion, that an Independent Affiliate entity was transferred in an effort to circumvent compliance with the Agreement, the Policies and Procedures, Terms & Conditions of Use, the transfer will be declared null and void. The Independent Affiliate entity will revert back to the transferring Independent Affiliate, who will be treated as if the transfer had never occurred from the reversion day forward. If necessary and at Walen School's sole discretion, appropriate action, including, without limitation, termination, may be taken against the transferring Independent Affiliate to ensure compliance with the Policies and Procedures and Terms & Conditions.
Notwithstanding any other provision of this Section, upon the death of an Independent Affiliate, the Independent Affiliate account will pass to his or her successors in interest as provided by law. However, Walen School will not recognize such a transfer until the successor in interest has executed a current Agreement and submitted certified copies of the death certificate, Will, Trust or other instrument required by Walen School. The successor will thereafter be entitled to all the rights and be subject to all the obligations of an Independent Affiliate. All documents submitted may be subject to notarization for acceptance before processing such changes. All changes will be made through the compliance department. Walen School has the right to refuse such changes if Walen School feels the documentation is not a true notarized decree, or documents have been altered in any way.
24. RE-ENTRY / RE-APPLY
Any Independent Affiliate who transfers his or her Independent Affiliate Account must wait for twenty four (24) months after the effective date of such a transfer before becoming eligible to reapply to become an Independent Affiliate.
25. CONFIDENTIALITY AGREEMENT
During the term of the Agreement, Walen School may supply to Independent Affiliates confidential information, including, but not limited to genealogical and downline reports, customer lists, customer information developed by Walen School or developed for and on behalf of Walen School by Independent Affiliates (including, but not limited to, credit data, customer and Independent Affiliate profiles and product purchase information), Independent Affiliate lists, business reports, commission or sales reports and such other financial and business information which Walen School may designate as confidential. All such information (whether in written or electronic format) is proprietary and confidential to Walen School and is transmitted to Independent Affiliates in strictest confidence on a "need to know" basis for use solely in Independent Affiliates business with Walen School. Independent Affiliates must use their best efforts to keep such information confidential and must not disclose any such information to any third party, or use this information for any non-Walen School activity directly or indirectly while being an Independent Affiliate and thereafter.
Independent Affiliates must not use the information to compete with Walen School or for any purpose other than promoting Walen School's program and its services. Upon expiration, or termination of the agreement of expiration of business activity, Independent Affiliates must discontinue the use of such confidential information.
26. COPYRIGHT RESTRICTIONS
With respect to products and services purchased from Walen School, Independent Affiliates must abide by copyright protections.
27. VENDOR AND TEACHER CONFIDENTIALITY
Walen School's business relationships with its vendors, suppliers, coaches, instructors and teachers are strictly confidential. Independent Affiliates must not contact, directly or indirectly, or speak to, or communicate with vendors, suppliers, coaches, instructors or teacher of Walen School except at Walen School arranged interactions such as lessons or other interactions or events.
28. PERMISSION OF MARKETING AND ADVERTISING USE
All students and Independent Affiliates of Walen School give full permission to Walen School and companies owned by Walen School or affiliated with Walen school to use their image and personal information such as age, nationality, learning achievements, skills gained, personal progress etc. for marketing and advertising purposes.
Walen School name, trademarks, service marks and copyrighted materials are owned by Walen School. The use of such marks and materials must be in strict compliance with our policies. Independent Affiliates may advertise using our trademarks if they strictly follow our guidelines. Walen School holds the right to terminate the Independent Affiliate account, including any Rewards attached to the account in case of violating our trademarks and copyrights.
30. USE OF “WALEN SCHOOL” NAME
Independent Affiliates may use the name of Walen School only in the following format: "Independent Affiliate of Walen School". The use of Walen School name “Walen School” may only be used with the preceding title labelled “Independent”. We ask that Independent Affiliates promote their businesses using their own unique names that do not mislead or interfere with the public perception of their position in Walen School.
31. STATIONERY AND BUSINESS CARDS
Independent Affiliates are not permitted to "create" their own stationery, business cards or letterhead graphics, if Walen School's trade name or trademarks are used. Only the approved Walen School's graphics version and wording are permitted; business cards may be ordered using the online/stationery order form when this feature becomes available.
32. ELECTRONIC ADVERTISING
Independent Affiliates may not advertise or promote their Independent Affiliate business with Walen School as to give the impression that they are corporate representatives of Walen School and not solely Independent Affiliates. All materials found to be in breach of any prohibited advertising, such as websites, unauthorized Facebook groups, YouTube channels etc. may result in suspension or termination of your DCS account with Walen School.
No endorsements by Walen School officers or administrators or third party may be asserted, except as expressly communicated in Walen School literature and communications. Independent Affiliates may not represent or imply, directly or indirectly, that Walen School's programs, products or services have been approved or endorsed by any governmental agency. Walen School does not support the use of its logos, Walen School names, product names, or images of Walen School products by other parties in marketing, promotional or advertising materials as their use may create the perception that Walen School endorses or sponsors the product service or promotion.
Independent Affiliates may not produce or reproduce for sale or personal use products sold by Walen School or any Walen School produced literature, audio or video material, presentations, events or speeches, including conference calls. Video and/or audio taping of Walen School meetings and conferences is strictly prohibited.
35. INDEPENDENT COMMUNICATIONS
Independent Affiliates, as Independent Contractors, are encouraged to distribute information and direction to their respective Downlines. However Independent Affiliates must identify and distinguish between personal communications and the official communications of Walen School. Reproducing official communications in any form constitutes a breach of the Walen School’s Terms and accounts will be subject to suspension or possible termination.
36. E-MAIL: ELECTRONIC NOTIFICATION
When you are approved as an Independent Affiliate with Walen School, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products, services, crowdfunding or other records or correspondence from Walen School. You consent to receive notices electronically by way of transmitting the notice to you by email using the email address you have registered with Walen School.
37. BASIS FOR COMMISSIONS
Every account must have a unique KYC (Know Your Customer), a unique valid email address and proper verification details unique to the account holder. Commissions and other compensation cannot be paid until the KYC documents have been approved and accepted by Walen School. Commissions are paid ONLY on the referral sales of Walen School services and products. No commissions are paid on the purchase of sales or marketing materials.
38. OFFSET OF REMUNERATIONS (COMMISSIONS) AFTER REFUNDS
Any commissions or bonuses earned and paid on refunds is the obligation of and must be repaid to Walen School by Independent Affiliates earning such commissions. Walen School has the right to offset such amounts against future commissions and other compensation paid or owed to such Independent Affiliates who received commissions.
39. PAYMENT OF BONUSES AND COMMISSIONS
In order for any Independent Affiliate to receive any bonuses or commissions from the Walen School, the Independent Affiliate must be "Active" and in "Good Standing". "Active" refers to business activity based on package purchased and business time duration of such a package. "Good Standing" refers to an Independent Affiliate that does not owe any money to Walen School and is not suspended or terminated.
Payouts of commissions and bonuses are made in USD or the equivalent amount after conversion into local currencies or USDC and USDT cryptocurrencies, transfer fees will be deducted from the due amount of commissions.
41. PAYMENT OPTIONS
Walen School accepts payments for our online teaching in a variety of ways including, but not exclusively, by approved crypto currencies. Only purchases of school credit packages for online courses qualify for becoming an Independent Affiliate. Walen School must receive the full net amount of the selected package after fees to complete a purchase of school credits for a selected package.
If an underpayment is made, the order will not be processed until the full amount is received by Walen School. If an overpayment is made, Walen School will process the order and issue a credit to an Independent Affiliate's account, which will automatically refund on the next commission paid to an Independent Affiliate.
Unsolicited e-mailing (SPAMMING) is prohibited. Walen School prohibits the marketing practice commonly referred to as "Spam". All messages that originate from you as an Independent Affiliate must comply with all applicable laws in your jurisdiction as well as with general spam regulations. In the event of any validated report of "Spam" by you, Walen School may, at its sole discretion and without prior notice, terminate or suspend your Independent Affiliate account, and in the case of termination, you will forfeit any unpaid and future commissions and bonuses.
Walen School defines "Spam" as:
Electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient;
Messages posted to forums and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups or forums, or posted in excessive volume;
Solicitations posted in forums, on walls, private messaging or chat rooms, or to groups or individuals via Chat or "Instant Messaging" system; Walen School will evaluate each validated abuse incident on a case-by-case basis and will, at its sole discretion and with or without notice, suspend your account and/or terminate it, with forfeiture of any unpaid and future commissions and bonuses.
Note that you agree and accept that Walen School will not be liable for any damages incurred in relation to e-mails, or other online messages sent out by you as an Independent Affiliate. Any Independent Affiliates are required to be responsible for their own communications and their conformance to these Terms & Conditions of Use for Independent Affiliates.
43. REFUND POLICY FOR NON AFFILIATES
For all purchases of School Credits by Non Affiliates (learn only category) Walen School offers a 14 day, 100% Money Back guarantee for all unused School Credits (SC). SC that have already been used do not qualify for a refund. The 14 days, 100% Money Back Guarantee, starts from the date of purchase, includes weekends and holidays, and only applies to the initial purchase of School Credits and not subsequent repurchases. Transfer fees will be deducted from the refund amount. Please note that network fees will apply to any blockchain transactions.
After 14 days, your purchase of School Credits is no longer refundable.
44. REFUND POLICY FOR AFFILIATES
Due to the nature of the DCS (Dynamic Commission System) and how it distributes team commissions within the network, refunds of purchased School Credits made by Independent Affiliates are not possible. As a result Walen School cannot offer any refunds or chargebacks. Please consider this carefully before making a purchase.
Walen School’s policy is that by gaining access to the DCS as a registered Independent Affiliate, you forfeit any entitlement to a refund. As such the Independent Affiliate agrees to irrevocably waive their right to any refund.
45. INDEMNITY AGREEMENT
Each and every Independent Affiliate agrees to indemnify and hold harmless Walen School, its owners, shareholders, officers, directors, employees, agents and successors in interest from and against any claim, demand, liability, loss, cost or expense including, but not limited to, court costs and attorneys' fees, asserted against or suffered or incurred by any of them, directly or indirectly arising out of or in any way related to or connected with allegedly or otherwise, the Independent Affiliate’s:
Activities as an Independent Affiliate; Breach of the terms of the Agreement; and/or Violation of or failure to comply with any applicable local laws or regulation.
Walen School reserves the right to assume the exclusive defence of any claim for which we are entitled to indemnification under this section. In such an event, you shall provide Walen School with such cooperation as is reasonably requested by Walen School.
46. PROCESSING CHARGES
Walen School reserves the right to issue a processing charge for non standard requests demanding increased participation of admin and compliance staff.
47. PROMOTION OF OTHER COMPANIES’ SERVICES OR PRODUCTS
Independent Affiliates may not promote or sell another companies’ services at functions organized to feature Walen School and its products or services. Independent Affiliates are not restricted from selling the services and products of other companies, however promotion of any other companies' services, products and/or business programs to Walen School Affiliates is strictly prohibited.
Independent Affiliates may not promote or entice new Independent Affiliates by providing false projections to lure Independent Affiliates to be a part of Walen School’s affiliate business. This is grounds for immediate suspension and possible termination.
49. MOBILE SERVICES
The web-based platform offered by Walen School is available via your mobile phone, including the ability to receive and reply to messages and the ability to browse the Walen School website and specific applications produced for usage and benefit of the Walen School Independent Affiliates. Walen School does not charge you extra for these services, however, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost.
By accessing and using the Walen School website via your mobile phone, you agree that we may communicate with you regarding Walen School, the Walen School website and other services and products by SMS, MMS, text message or other electronic means to your mobile phone and that certain information about your usage of mobile services may be communicated to us. In the event you change or deactivate your mobile phone number, you agree to promptly update your Walen School membership account information to ensure that your messages are not sent to a person that might have acquired your old number.
50. KYC / AML – KNOW YOUR CLIENT
Due to the protection of Walen School, all Independent Affiliates must be compliant with applicable regulations and laws. Walen School can at any time, at its own discretion, ask the Independent Affiliate to provide documents to verify the Independent Affiliate’s identity. These documents are a government issued photo ID, a copy of the Independent Affiliate’s passport and a selfie or short selfie video, along with proof of address to ensure residency of the country on ID. This request is called (“KYC Request first level”). If a KYC is not approved, the Independent Affiliate will only be allowed to withdraw an accumulated e-wallet balance up to 1,000 USD, the Independent Affiliate will not be able to withdraw any higher amounts of money from their Walen DCS Account until the Independent Affiliate has provided acceptable documents. Any applicable costs related to the KYC application shall be paid directly by the Independent Affiliates.
51. AVAILABILITY, VIRUSES, WARRANTY DISCLAIMER AND SECURITY BREACHES
Due to the nature of the internet and computer systems, Walen School cannot be held liable for the continuous availability of the website. Although Walen School makes every endeavor to keep the website accessible and free from viruses, Walen School cannot make any guarantee that it is virus-free. You shall, for your own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.
The Walen School website may be unavailable from time to time for maintenance or other reasons. Walen School assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications or content.
Walen School is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers of any of the before mentioned, computer or mobile phone equipment, software, on account of technical problems or traffic congestions on the internet or at the Walen School website, including injury or damage to User's or to any other person's computer, cell phone or other hardware or software, related to or resulting from using or downloading materials in connection with the Walen School website.
All information and services included in or available through the Walen School website are provided "as is" and "as available" for your personal, non-commercial use. Neither Walen School nor any of its employees, agents, content providers, service providers, or licensors, makes any warranty of any kind regarding the website and/or the content contained therein, the products or services available on or through the website, the results that may be obtained from using the website and/or offered through the Walen School website.
Walen School disclaims all warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Walen School expressly disclaims all warranties that the content of the website is accurate, reliable or correct; that the website will be available at any particular time or location, will be uninterrupted, timely, secure or error-free; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Your use of the Walen School website is solely at your risk.
You download or otherwise obtain content, material data or software (including any mobile user) from or through the Walen School website or service at your own discretion and risk and you will be solely responsible for your use thereof and any damages to your cell phone or computer system, loss of data or other harm of any kind that may result.
Walen School shall comply with all applicable laws regarding the notification of individuals in the event of an unauthorized release of personal data. Within 24 hours of discovering any breach of Walen School's security, Walen School shall notify Independent Affiliates of the security breach by e-mail. Independent Affiliates agree not to hold Walen School responsible for any unauthorized data breaches and its results. Walen School shall not be held liable in any way for any of the effects of an unauthorized data breach.
52. LIMITATION OF LIABILITY
Walen School shall not be liable for, and each Independent Affiliate releases Walen School from and waives all claims for, any loss of profits, indirect, direct, special or consequential damages or any other loss incurred or suffered by an Independent Affiliate as a result of:
the breach by an Independent Affiliate of the Agreement and/or the Terms & Conditions of Use and/or the Policies and Procedures; the operation of Independent Affiliate’s business; any incorrect or wrong data or information provided by an Independent Affiliate; or the failure to provide any information or data necessary for Walen School to operate its business, including, without limitation, the enrollment and acceptance of an Independent Affiliate into the Compensation Plan or the payment of commissions and bonuses.
Walen School requires all Independent Affiliates to keep complete and accurate records of all their business dealings for future reference for tax purposes and other necessary requirements in accordance with laws in your legal jurisdiction.
54. FORCE MAJEURE
Walen School shall not be responsible for delays or failure in performance caused by circumstances beyond Walen School’s control, such as, but not limited to: fire, flood, earthquake, storm, power outages, labor difficulties, strikes, war, government decrees, or pandemics.
It is the obligation of every Independent Affiliate to abide by and maintain the integrity of the Policies and Procedures and Terms & Conditions of Use. If an Independent Affiliate observes another Independent Affiliate committing a violation, he or she should discuss the violation directly with the violating Independent Affiliate. If the Independent Affiliate wishes to report such violation to Walen School, he or she must detail violations in writing only and mark the correspondence “Attention: Legal Department" or “Attention : Compliance Department”.
Walen School reserves the right to amend the Agreement, Policies and Procedures, Terms & Conditions of Use, its prices, product and service availability and the Compensation Plan at any time without prior notice as it deems appropriate. By entering into the Affiliate Agreement, an Independent Affiliate agrees to abide by all amendments or modifications that Walen School elects to make. Amendments are effective and binding upon submission to the Walen School’s website. Amendments take precedent over previous Agreement, Policies and Procedures, Terms & Conditions of Use, prices, product and service availability and the Compensation Plan. The continuation of an Independent Affiliate business with Walen School constitutes acceptance of all amendments.
57. NON-WAIVER PROVISION
No obligation or provision herein, and no custom or practice of the parties at variance with these Policies and Procedures, shall constitute a waiver of Walen School's right to demand exact compliance with these Policies and Procedures. Walen School's waiver of any particular default by an Independent Affiliate shall not affect or impair Walen School's rights with respect to any subsequent default, nor shall it affect in any way the rights or obligations of any other Independent Affiliate. No delay or omissions by Walen School to exercise any right arising from a default effect or impair Walen School's rights as to that or any subsequent or future default. Waiver by Walen School can be affected only in writing by an authorized officer of Walen School.
58. GOVERNING LAW
The Agreement and these Policies and Procedures shall be governed by the extensive laws of The Kingdom of Thailand.
59. STATUTES OF LIMITATIONS
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to these Terms & Conditions of Use for Affiliates must be filed within three (3) months after such claim or cause of action arose or be forever barred.
60. GDPR REGULATIONS
On May 25, 2018, the General Data Protection Regulation came into effect across European Union (EU) member states, impacting any organization that processes personal data of EU individuals. GDPR represents a strengthening and harmonizing of existing data privacy rights for individuals in the European Union.
Walen School is committed to protecting personal data of our EU employees, contractors, Affiliates, third-party Suppliers and vendors, regardless of where that data is processed. We have an extensive security program and an established set of policies in place across our Walen School departments to ensure that personal data of EU individuals is processed accordingly and fully protected in our systems. European user data is stored in an encrypted format on the AWS servers to ensure the highest level of data protection.
The following portions of our Terms apply specifically to European users and are designed to comply with GDPR regulations.
Information specifics: Walen School specifically gathers the following information from users: IP Addresses, Browser information, User agent information, Cookie information (Persistent and Session Cookies) Users who create accounts are asked to provide: Name, Address, Phone Number, Date of Birth, Email Address, ID Documents for KYC/AML procedures
Additional information that may be requested: • Cryptocurrency address information • Additional KYC information • Banking information
When processing the personal data of EU individuals, we: • Ensure there is a legitimate business reason to collect the data; • Ensure we have consent to collect and use the data (where required); • Limit collection, storage and usage of the data only to the extent for which there is a business reason and consent.
Removal of your Information: We understand and respect any Affiliate that wishes to remove their personal data from our business records and close their account. You can request that in writing and request for some or all of your data to be removed, email Walen School directly at email@example.com
If under any applicable and binding law or rule of any applicable jurisdiction, any provision of the Agreement, including these Terms & Conditions of Use, or any specification, standard or operating procedure which Walen School has prescribed is held to be invalid or unenforceable, Walen School shall have the right to modify the invalid or unenforceable provision, specification, standard or operating procedure or any portion thereof to the extent required to be valid and enforceable, and the Independent Affiliate shall be bound by any such modification. The modification will be effective only in the jurisdiction in which it is required.
62. LIMITATION OF DAMAGES
Walen School and its officers, directors, employees and other representatives, shall not be liable for any claim for loss of profit, incidental, special, consequential or exemplary damages which may arise out of any claim whatsoever relating to Walen School’s performance, non-performance, act or omission with respect to the business relationship or other matters between any independent affiliates and Walen School, whether sounding in contract tort or strict liability.
63. USE OF MATERIALS
All materials included on any of Walen School’s websites and any other content are protected by copyright, trademark and other laws as property of the Walen Education Co. Ltd. and any of its subsidiary entities, unless otherwise noted. Unauthorized use of the logo, branding, or any such Walen School materials violates copyright, trademark and other laws. As an Independent Affiliate or Business Owner, you may download and or print the Walen School approved materials for your personal use only. Copies that you make of the material must bear any copyright, trademark or other proprietary notices located on the Walen School websites, presentations, and or social media which pertain to the material being copied. Any other sale, modification, reproduction, redistribution, publication or retransmission of any information from Walen School in whole or in part without the prior written permission of Walen School is strictly prohibited.
64. FINAL PROVISIONS
No delay or omission by any of the parties in exercising any right under these Terms & Conditions for Affiliates shall operate as a waiver of that or any other right. A waiver or consent given by the other party on any one occasion shall be effective only in that instance and shall not be construed as a bar or waiver of any right on any other occasion.
It is the intent of the parties that neither Terms & Conditions for members, not any covenant in Terms & Conditions for Independent Affiliates, shall be construed against either party pursuant to the common law rule of construction against the drafter. It is the intent of the parties that said rule not be applicable to Terms & Conditions for Independent Affiliates. The parties waive all rights to trial by a court in any action or proceeding instituted in connection with Terms & Conditions for Independent Affiliates.
If any provision of Terms & Conditions for Independent Affiliates shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such provision shall be enforced to the maximum extent permissible so as to give effect to the parties' intentions as reflected in the provision, and all other provisions of Terms & Conditions for Independent Affiliates shall remain in full force and effect. In the event of a dispute arising out of or relating to Terms & Conditions for Independent Affiliates, the prevailing party shall be entitled to an award of attorney's fees and costs.
Terms & Conditions for Independent Affiliates is personal to you and may not be assigned or sub-assigned. This includes but is not limited to, sell, transfer, pledge or give power of attorney to any rights or obligations according to these Terms & Conditions for Independent Affiliates.
In the event that any provision of these Terms & Conditions for Affiliates shall be invalid, illegal or otherwise unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby. Nothing in these Terms & Conditions for Independent Affiliates provides the Independent Affiliates with the right, license, authorization or approval to make binding agreements with any person or entity on behalf of Walen School. Furthermore, a Walen School Independent Affiliate is not authorized to receive or collect money from any person on behalf of Walen School. All payments must be made directly to Walen School.