Close Window

 

By proceeding with the affiliate program application process, you agree to accept the terms and conditions established in this document and by our third party affiliate program services provider(s). By doing so, you agree as "Affiliate," to have the opportunity to qualify on a monthly and quarterly basis for various commissions and bonuses as set forth in these terms and conditions. You also agree that you are at least 18 years of age or older and able and willing to legally enter into this agreement, according to your federal, state, and local laws. You also agree that any violation of law shall instantly null and void this agreement.

As you are completing the application online, you are also bound by the Medical Career Prep's disclaimer:

BY ACCESSING WEBSITES, NETWORKS, AND COMPUTER SYSTEMS OPERATED BY MEDICAL CAREER PREP, YOU (THE USER(S)) AGREE TO ASSUME ALL LIABILITY FOR YOUR ACCESS TO AND YOUR USE OF ANY AND ALL SERVICES OR CONTENT AS IT IS MADE AVAILABLE TO YOU, INCLUDING AGREEMENT TO THE TERMS OF THIS DISCLAIMER. MEDICAL CAREER PREP AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, PARTNER COMPANIES AND ACADEMIC INSTITUTIONS, LICENSORS, STUDENTS, OTHER USERS, SUBSIDIARIES, SISTER AND PARENT COMPANIES ("MEDICAL CAREER PREP PARTIES") WILL NOT BE LIABLE FOR ANY DAMAGES (INDIVIDUALLY, JOINTLY, OR SEVERALLY) TO YOU OR ANY OTHER PERSON(S) OR ORGANIZATION(S) AS A RESULT OF YOUR ACCESS TO AND/OR USE OF ANY AND/OR ALL SERVICES AND/OR CONTENT PROVIDED BY MEDICAL CAREER PREP. MEDICAL CAREER PREP ASSUMES NO LIABILITY FOR AND TRANSFERS TOTAL LIABILITY TO YOU FOR ANY FORM(S) OF DAMAGE(S) THAT MAY CONCEIVABLY ARISE FROM YOUR CHOICE TO ACCESS SERVICES AND/OR CONTENT "AS IS" ACCESSIBLE VIA MEDICAL CAREER PREP OPERATED WEBSITES, NETWORKS, AND/OR COMPUTER SYSTEMS OR DEVICES, EVEN IF ANY OF THE AFOREMENTIONED MEDICAL CAREER PREP PARTIES COULD HAVE FORSEEN AND/OR HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY AND/OR ALL POSSIBLE DAMAGES (INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, CIRCUMVENTIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER FORM THAT COULD BE CLAIMED, WHICH INCLUDES: WITHOUT LIMITATION, LOST SAVINGS, LOST PROFITS, LOST INCOME, LOST TIME, TORT, CONTRACT, OR ANY REMAINING CONVCIEVABLE THEORY OF LIABILITY, WHETHER OR NOT CHARACTERIZED IN TERMS OF NEGLIGENCE, ABUSE, OR ANY OTHER CONCEIVABLE MANNER OF CHARACTERIZATION.) IF ANY RELEVANT AUTHORITY DEEMS THERE BE ANY GAPS OR EXCEPTIONS TO ANY PORTION OF THIS DISCLAIMER OR HOLDS ANY PORTION HEREIN TO BE UNENFORCEABLE THEN, ANY AND ALL REMAINING LIABILITY FOUND TO BELONG TO MEDICAL CAREER PREP PARTIES SHOULD IMMEDIATELY BE TRANSFERED TO THE USER EFFECTIVE FROM THE INSTANT THE USER(S) AGREED TO THIS AGREEMENT BY ACCESSING ANY WEBSITES, NETWORKS, AND COMPUTER SYSTEMS OPERATED BY MEDICAL CAREER PREP. THE USER(S) AGREE(S) TO DISMISS ANY AND ALL OTHER CLAIMS THAT HAVE ALREADY ARISEN OR MAY ARISE, AND THE USER(S) AGREE(S) TO BE HELD ACCOUNTABLE AND RESPONSIBLE FOR TO ANSWER TO ANY AND ALL OTHER CLAIMS FROM ANY AND ALL THIRD-PARTIES THAT MAY SEEK ANY FORM OF DAMAGES, RESULTING FROM THE USER(S) ACCESS. THIS DISCLAIMER MAY BE AMENDED BY ANY MEDICAL CAREER PREP PARTIES AT ANY TIME WITH FULL LIABILITY FOR NEW AMENDMENTS AUTOMATICALLY BEING TRANSFERING TO THE USER(S). ALL RELEVANT AUTHORITIES MUST RESPECT AND ENFORCE THIS DISCLAIMER. IF THERE BE ANY FAILING HEREIN NOT ALREADY REMEDIED THROUGH PRIOR PROVISIONS, MEDICAL CAREER PREP PARTIES ARE HEREBY GRANTED THE GREATEST LENIENCY PERMITTED BY LAW THAT MIGHT RESULT FROM ANY CIRCUMSTANCE, CLAIM, OR INFRACTION OF LAW.

WHEREAS Medical Career Prep has established a background as a proprietary school offering medical billing and medical coding online learning courses and you (Affiliate) wishes to promote such courses throughout the United States,

NOW THEREFORE, you agree to the Affiliate Terms and Conditions as follows:

SECTION 1. DESCRIPTION OF SERVICES

(A) Affiliate will have the non-exclusive right to represent Medical Career Prep and to market and promote Medical Career Prep's medical billing and medical coding training programs throughout the United States.

(i) Affiliate will provide the following services:

(a) Affiliate will be responsible for marketing and promoting the Medical Career Prep medical billing and medical coding training courses. Any publication and/or distribution of printed material in the promotion of the Medical Career Prep training courses shall first be approved by Medical Career Prep. The Medical Career Prep name and logo, promotional materials, and information may be used with the approval of Medical Career Prep during the term of this agreement.

(b) Affiliate will collect and convey to Medical Career Prep complete contact information on each prospective student that it wishes to refer to Medical Career Prep. All marketing contact information will be provided to Medical Career Prep in an electronic format as frequently as referrals are generated. Contact information will include the correct name and at least two of the following contact methods: physical address, telephone number and e-mail address.

(c) Affiliate will be financially responsible for all marketing, advertising, administrative and other expenses relating to its marketing efforts.

(d) Affiliate will be responsible to qualify for affiliate status and pay on a month-by-month basis. Affiliate will qualify for affiliate status and pay when at least three (3) affiliate referrals (as recorded in Medical Career Prep's data) enroll in a qualifying Medical Career Prep training program during a given month. Affiliates are paid commissions according to our third party affiliate program services provider(s) and will be accordingly. Affiliate program services provider terms supercede all terms as outlined in this agreement.

(ii) Medical Career Prep will provide the following services:

(a) Medical Career Prep will mail marketing and enrollment materials to prospective students referred by Affiliate and use its best efforts to convert referrals to enrollments.

(b) Medical Career Prep will track all Affiliate referrals through its database and/or records and provide monthly summaries of enrollment activity to Affiliate each month that Affiliate qualifies for affiliate status and pay by meeting minimum enrollment activity levels as described above in this Section.

(c) Medical Career Prep shall be responsible for all student training and support for students referred by Affiliate.

(d) Medical Career Prep shall have the sole right and responsibility for processing all enrollments from referrals generated by Affiliate.

(e) Medical Career Prep is responsible for purchasing and shipping appropriate reference materials and software to newly enrolled students in accordance with Medical Career Prep shipping policies.

SECTION 2. MINIMUM QUALIFICATIONS

Affiliate status and pay is conditional to Affiliate's ability to meet minimum levels of monthly enrollment activity established by Medical Career Prep. Currently, Affiliate will qualify for affiliate status and pay when affiliate referrals (as recorded in Medical Career Prep's or third party affiliate management system's data) enroll (new enrollments) in a qualifying Medical Career Prep training program during a given month.

If enrolling student selects to make monthly payments, affiliate will be given qualification credit based on actual enrollment date, and subsequent monthly payments by the student to Medical Career Prep will NOT newly affect affiliate qualifications. Medical Career Prep reserves the right to change minimum qualifications for affiliate status and pay individually or collectively.

SECTION 3. STANDARD COMMISSIONS

Medical Career Prep agrees to pay qualifying affiliates a commission percentage or lump sum of the net revenue received by Medical Career Prep from each prospective student referred by Affiliate that subsequently enrolled in a Medical Career Prep qualified training program during any given month if: (a) the student can be verified as a referral from Affiliate or comes to Medical Career Prep through a qualifying link from an authorized marketing website owned or controlled by Affiliate; (b) the enrolling student accepts shipment and remits full payment to Medical Career Prep for all enrollment and shipping charges; (c) the student does not subsequently return or cancel the enrollment; (d) Affiliate has not already received a referral fee or commission in connection with the enrollment; and (e) the student resides in the fifty (50) United States.

Qualified training programs include the medical billing and medical coding training programs and individual courses.

Medical Career Prep shall pay commissions due to Affiliate on a monthly basis within twenty (20) days of the end of each calendar month. Pay schedule terms and amounts as stated in this agreement are superceded by the terms of any third party affiliate management system with which affiliate signs up with.

Where a conflict exists between two affiliates and a single prospective student is referred by more than one affiliate, credit will be given to the affiliate whose referral was received by Medical Career Prep first. No affiliate credit shall be given for referrals that have been referred from another source or that already exist as contacts in the Medical Career Prep database, unless student manually enters affiliate number during the enrollment process. Referral information collected by student during enrollment process shall supercede any previous referral source information.

Affiliate shall be solely responsible for all payments due to any individual or organization which may perform work on behalf of the Affiliate or with whom Affiliate arranges to share commissions. Medical Career Prep shall have no direct or implied relationship with any individual or entity associated with Affiliate, nor any responsibility to provide service to these independent entities.

SECTION 4. QUARTERLY BONUS

If Affiliate has referred at least 20 paid/active enrollments during the previous financial quarter, as determined by Medical Career Prep, Medical Career Prep agrees to pay Affiliate a quarterly bonus to Affiliate in addition to any standard commission already paid to Affiliate. Currently, the quarterly bonus is calculated as ten percent [20%] of the total standard commission amount paid to Affiliate during the previous financial quarter, as determined by Medical Career Prep. Quarterly bonuses shall be paid within twenty (20) days of quarter-end as determined by Medical Career Prep. Medical Career Prep reserves the right to change the amount and or methods of determining any quarterly or other bonus and shall reasonably attempt to notify Affiliate of any such changes or through posting any changes online under the affiliate section of www.onlinecareeradvancement.com/mcp. The quarterly bonus only applies to affiliate campaigns directly managed by Medical Career Prep if applicable. Third party affiliate program management systems do not apply.

SECTION 5. TERM OF AGREEMENT

The initial term of this agreement is through the quarter end of the financial quarter in which it is initially accepted by Affiliate.

SECTION 6. EXTENSION OF TERM

The term of this agreement shall automatically renew for one additional quarter on a quarterly basis without additional action by Affiliate. Medical Career Prep reserves the right to change the term and/or conditions of this agreement and shall reasonably attempt to notify Affiliate of any such changes or through posting any changes online under the affiliate section of www.onlinecareeradvancement.com/mcp.

SECTION 7. TERMINATION

This agreement may be terminated by Medical Career Prep or Affiliate for any reason and at any time after a reasonable attempt to give thirty (30) days email notice to the other party has been made. Affiliate should send email terminations notice to "Medical Career Prep - Affiliate Termination" to support@onlinecareeradvancement.com. All email notices will be confirmed for authenticity. All email notices must be received from the email address on record with Medical Career Prep.

SECTION 8. OWNERSHIP/INTELLECTUAL PROPERTY

All content and improvements to Medical Career Prep's marketing and course materials are the sole property of Medical Career Prep. This shall apply with respect to Medical Career Prep's copyrightable works, ideas, discoveries, inventions, applications for patents, and patents, any improvements, further inventions or improvements, and any new items discovered or developed by Medical Career Prep during the term of this Agreement. Affiliate shall sign all documents necessary to perfect the rights of Medical Career Prep in such intellectual property, but will not be liable for any costs associated with perfecting the rights of Medical Career Prep in said property.

SECTION 9. EXPENSE REIMBURSEMENT

Affiliate shall pay all "out-of-pocket" expenses related to its marketing efforts (see paragraph 1, "Description of Services" above), and shall not be entitled to reimbursement from Medical Career Prep.

SECTION 10. RELATIONSHIP OF PARTIES

This Agreement does not constitute either party an agent, legal representative, joint venture partner, partner, or employee of the other for any purpose whatsoever and, neither party is in any way authorized to make any contract, agreement, warranty or representation or to create any obligations, express or implied, on behalf of the other party hereto.

SECTION 11. GOVERNING POLICIES AND PROCEDURES

All Medical Career Prep rules, policies, and operating procedures concerning customer orders and returns, customer service, customer data, and product sales will apply to students and prospects referred by Affiliate.

SECTION 12. LEGAL REQUIREMENTS

Affiliate and Medical Career Prep agree to obtain and maintain all permits, licenses and consents (governmental and otherwise) that are necessary or advisable for providing the services described in Section 1 above and further, in providing the services described in Section I above, to comply with all applicable legal requirements.

SECTION 13. INDEMNIFICATION

( a) Medical Career Prep agrees to indemnify Affiliate, together with the officers, directors and employees of Affiliate, and defend and hold them harmless from and against all claims, losses, causes of action, liabilities, damages and expenses (including, without limitation, reasonable attorneys" fees) directly arising from, incurred as a consequence of or otherwise directly attributable to the gross negligence of Medical Career Prep in providing the Services.

(b) Affiliate agrees to indemnify Medical Career Prep, together with the officers, Directors, and employees of Medical Career Prep, and defend and hold them harmless from and against all claims, losses, causes of action, liabilities, damages and expenses (including, without limitation, reasonable attorneys" fees) directly arising from, incurred as a consequence of or otherwise directly attributable to the gross negligence of Affiliate in connection with the Services being provided in this Agreement.

SECTION 14. ASSlGNMENT

Neither party's obligation under this Agreement may be assigned or transferred to any other person, firm, or corporation without the prior written consent of the other party, provided that Medical Career Prep's approval of Affiliate's transfer or assignment shall be based upon Medical Career Prep's determination, in its reasonable discretion, that Affiliate's transferee or assignee has the requisite experience, resources, and financial stability to fulfill the obligations of Affiliate under this Agreement, and that the transfer will not create a conflict of interest with Medical Career Prep's corporate goals. Medical Career Prep may, however, assign this Agreement without consent of Affiliate in connection with a merger, consolidation, acquisition or sale of substantially all of its assets or stock, or substantially all of the assets of the division of its business providing distance-learning courses in medical billing.

Close Window

SECTION 15. CONFIDENTIALITY

Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties agrees that all information including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists and pricing and sales information, concerning either party, or any of their respective affiliates, provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly by the party receiving such information for its own business purposes or for any other purpose, except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its affiliates. Notwithstanding the foregoing, each party is hereby authorized to deliver a copy of any such information (a) to any person pursuant to a subpoena issued by any court or administrative agency, (b) to its accountants, attorneys or other agents (including employees and investors on a need to know basis) on a confidential basis and (c) otherwise as required by applicable law, rule, regulation or legal process including, without limitation, the Securities Act of 1933, as amended, and the rules and regulations promulgated thereunder, and the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder.

SECTION 16. SURVIVAL

The confidentiality provisions of this Agreement shall remain in full force and effect after the termination of this Agreement.

SECTION 17. NOTICES

If applicable, all notices required and permitted under this Agreement shall be in writing and shall be delivered in person or deposited in the mail, postage prepaid to the current mailing address, or by other means expressly contained in this agreement. Such address may be changed from time to time by either party. Changing party should provide written notice to the other in the manner set forth above. To receive payments of commission or other bonuses, Affiliate must maintain a current, up-to-date mailing address with Medical Career Prep. Medical Career Prep does not guarantee delivery of checks, if applicable, to Affiliates who fail to provide it with accurate, current mail-to address information.

SECTION 18. ENTIRE AGREEMENT

This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.

SECTION 19. AMENDMENT

This Agreement may be modified or amended by Medical Career Prep if the amendment is made in writing and a reasonable attempt to notify Affiliate of any changes is made by Medical Career Prep, including posting modifications or amendments in writing under the affiliate sections of www.onlinecareeradvancement.com/mcp.

SECTION 20. SEVERABILITY

If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable then such provision shall be deemed to be written construed and enforced as so limited.

SECTION 21. WAIVER OF CONTRACTUAL RIGHT

The failure of either party to enforce any provision of the Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

SECTION 22. APPLICABLE LAW

This Agreement shall be governed by the laws of the United States of America.

SECTION 23. COUNTERPARTS

This Agreement may be signed by facsimile and in any number of counterparts with the same effect as if the signatures upon any counterpart were upon the same instrument. All signed counterparts shall be deemed to be an original.