GetCourse Affiliate Program 

Provisions of this Affiliate Program (“Affiliate Program") comprise the offer of GetCourse Kazakhstan LLP to conclude a contract based on the conditions set forth below, for GetCourse customer engagement services aimed at signing the GetCourse Software License Agreements. 

The Affiliate Program is designed for legal entities, individual entrepreneurs and private customers. Any person accepting the Affiliate Program, and complying with the requirements set forth in the Offer, will be further referred to as "Partner".

1.Terms and definitions

1.1.GetCourse Platform (The Platform) means the Getcourse 2.0 software presented in objective form as a set of data and commands, which includes the original text, databases, audiovisual works, other intellectual property objects protected by law, as well as all the documentation regulating its use. Address of the Platform on the Internet is https://getcourse.io

1.2.License Agreement means the agreement (offer) being signed (accepted) between GetCourse and the Customers, on the basis of which GetCourse authorizes the Customers to use the Platform. Text of the License Agreement is posted by GetCourse on the Internet at https://getcourse.io/legal

1.3.First-level Customer (the Customer) means an individual entrepreneur, a private person or a legal entity which may have signed the License Agreement.

1.4.Second-level Customer means an individual entrepreneur, a private person or a legal entity which may have signed the License Agreement upon the Customer's recommendation with the use of the Partner Code.

1.5.Engagement facilities mean the Internet resources, retail outlets and other service facilities being used by the Partner, with the aid of which it may act in order to promote the Platform among the potential Customers of GetCourse, and also provide such Customers with the Partner Code for subsequent Registration on the Platform.

1.6.Partner Code means the unique combination of alphabetical and/or numeric values (including the referral link placed in the Engagement Facilities) provided by GetCourse to the Partner in the manner prescribed in the Offer, and allowing GetCourse to authenticate the person who has applied thereto as a Customer, in order to receive GetCourse Services, unambiguously.

1.7.Personal Account means a personalized section of the GetCourse Platform, the access to which is provided upon entering the authentication data: login (user name) and password (access code). Access to the Personal Account is provided after registration on the Platform.

2.Procedure for joining the Affiliate Program (acceptance of the Affiliate Program)

2.1.the Partner interested in signing the contract aimed at promoting the Platform among the Customers, is entitled to accept the terms of the Affiliate Program (acceptance) by acting in a certain way.

2.2.For acceptance of the Affiliate Program, the Partner must act as follows:

2.2.1.familiarize himself with the terms and conditions set forth in the Affiliate Program;

2.2.2.complete the form and check-box in special section, in order to confirm that he has agreed with the terms and conditions specified in the Affiliate Program.

GetCourse may, at any time, amend the text of the Affiliate Program unilaterally, and such amendments may include the amount of remuneration, by publishing the new version thereof at http://getcourse.io/termsaffiliate

For the above reason, the Partner must visit the specified address at least once a month, in order to familiarize himself with the latest version of its text. Acceptance of this Affiliate Program by the Partner means that he has agreed to receive promotional mailing (messages and notifications) from GetCourse. Such messages and notifications will be mailed to the email address and mobile phone number specified by the Partner during registration, as well as by means of special programs (messengers).

3.Subject of the Affiliate Program

3.1.In accordance with the Affiliate Program, the Partner undertakes to provide GetCourse with GetCourse Platform promotion services, as well as to provide other services («Services») aimed at raising Customer awareness of the Platform for the purposes of signing the License Agreements. In consideration for the services rendered, GetCourse will pay a remuneration to the Partner.

3.2.In the context of this Affiliate Program, «promotion of the Platform» implies that the Partner using the Engagement Facilities will be acting as follows:

3.2.1.searching for prospective Customers willing to sign the License agreement with the Right Holder;

3.2.2.holding initial negotiations with the Customers, advising the Customers in respect of the procedure for signing the License Agreement, and the terms of validity thereof;

3.2.3.providing the Customers with the Partner Code for the purpose of registering the Personal Account on the GetCourse Platform.

3.3.The Services will be considered duly provided by the Partner if the Customer has successfully registered a Personal Account using the Partner Code, signed the License Agreement with such Customer, and when GetCourse settlement account has been credited with funds paid by the Customer in consideration for being granted the appropriate right to use the Platform, on the basis of the tariffs set by GetCourse: «Start», «Amateur», «Professional», «Expert», «Producer», «Guru», «Commander».

3.4.The Customers with whom GetCourse has signed the License Agreement with the use of the Partner Code will be included in the Customer List in the manner prescribed in clause 6.1 of the Affiliate Program. In the course of any exchange of information and Customer data between the Parties under the Affiliate Program (including the information and data included in the Customer List) the Parties shall use the Customer Identifier (hereinafter the «Customer Identifier») assigned thereto in the GetCourse System for identification purposes.

3.5.The Parties have agreed that, by the time of signing the License Agreement, the tariff plans posted on the website at {link to the relevant pricing on the website} will apply to the Customer.

4.Partner's remuneration and settlement procedure

4.1.In consideration for the Services rendered, GetCourse will pay remuneration to the Partner as follows:

4.1.1.40% of the amount of the Customer's first payment to GetCourse on account of remuneration under the License Agreement on the basis of the GetCourse rates specified in clause 3.3 of the Affiliate Program.

4.1.2.20% of the amount of each subsequent payment of the Customer to GetCourse on account of remuneration under the License Agreement on the basis of the GetCourse rates specified in clause 3.3. the Affiliate Program for renewal of the license by the Customer.

4.1.3.10% of the first payment made by the Second-level Customer to GetCourse on account of remuneration under the License Agreement on the basis of the GetCourse tariffs specified in clause 3.3 of the Affiliate Program.

4.1.4.5% of the amount of each subsequent payment of the Second-level Customer to GetCourse on account of remuneration under the License Agreement on the basis of the GetCourse rates specified in clause 3.3. the Affiliate Program.

4.2.GetCourse has the right to establish an individual procedure for calculating the remuneration unilaterally, as well as the amount of remuneration payable to the Partner, by reflecting such conditions in the Personal Account, of which GetCourse shall notify the Partner via e-mail or other communication channels as may be agreed by the Parties. Partner's remuneration cannot be less than the amount of remuneration specified in this paragraph.

4.3.When calculating the Partner's remuneration, the Customer's payments to GetCourse only will be taken into account as payment of remuneration under the License Agreement on the basis of the GetCourse tariffs specified in clause 3.3. the Affiliate Program. No other payments by the Customer to GetCourse will be included in the Partner's services, nor be taken into account when calculating the remuneration.

4.4.GetCourse will make transfer of the Partner's remuneration on the basis of the invoice issued by the Partner.

4.5.Any costs the Partner may incur in connection with his actions provided for by the Affiliate Program will be included in the Partner's remuneration, and are not subject to additional compensation by GetCourse.

4.6.Upon termination of the License Agreement for provision of the Services, signed between the Customer and GetCourse, for any reason (also upon termination or expiration of the Affiliate Program for provision of the services), payment of the Partner remuneration under the Affiliate Program in respect of such Customer will be revoked.

4.7.The Partner's right to receive the remuneration shall arise in case of payment under the License Agreement signed between GetCourse and the Customer using the Partner Code, and terminate after 24 (twenty-four) calendar months from the date of the Customer's engagement into the Program. The period specified in this paragraph may be changed by GetCourse unilaterally, yet it cannot be not less than 24 (twenty-four) months, by notifying the Partner via e-mail or other communication channels.

4.8.At the same time, if the amount of remuneration is less than 50 EUR, remuneration will not be paid, and the amount indicated in the report must be paid along with the remuneration calculated in the forthcoming reporting period.

5. Obligations of the Parties 

5.1. The Partner will be obliged

5.1.1.to provide GetCourse with the Services properly and within the scope specified in the Affiliate Program, and abstain from distributing the Affiliate Code in the Engagement Facilities containing any materials that may:

5.1.1.1.violate intellectual rights of third parties or constitute a violation of obligations before third parties (including the confidentiality obligations);

5.1.1.2.be of illegal nature or may promote any form of illegal activity or facilitate implementation of such;

5.1.1.3.provide training or know-how that violates any applicable federal, state, local or international laws or regulations;

5.1.1.4.are of discriminatory or defamatory nature, and may cause harm to any person or group of persons;

5.1.1.5.contain malicious computer programs ("viruses"). 

5.1.2.Not to use contextual advertising in Google AdWords, in order to promote the Platform) for brand queries (for example, getcourse and any other expressions which may contain such words), as well as for other queries being part of the semantic core and for which GetCourse itself makes advertising.

5.1.3.Not to use social media advertising intended for GetCourse communities (groups, pages, etc.), to promote the Platform.

5.1.4.Use the GetCourse brand name as part of fulfillment of its obligations under the Affiliate Program only. If GetCourse considers that use of its brand name goes beyond the scope of the Contract, it has the right to deny further use of the brand name at any time, by notifying the Partner respectfully in writing.

5.1.5.Not to make any negative references about GetCourse and the Platform publicly (whether in a blog, on a website, at a conference, at a webinar, in any materials of free or restricted access on the Internet), as well as not to do anything that may damage GetCourse's business reputation, reduce GetCourse Platform credibility level or mislead Customers in terms of GetCourse's activities.

5.1.6.Immediately notify GetCourse, upon request, of all information about progress in provision of the Services under the Affiliate Program.

5.1.7.Independently track up-to-date information and documents concerning the procedure and conditions of provision of GetCourse Services to Customers, which are posted by GetCourse on the website https://getcourse.io, and communicate them to the Customers in a timely manner, as well as contribute to raising GetCourse and GetCourse Platform credibility level for the Customers.

5.1.8.In case of any situations or actions violating the legitimate rights and interests of GetCourse, or any activities detrimental to its reputation, duly notify GetCourse, and provide possible cooperation in order to indemnify GetCourse against such situations or actions.

5.1.9. Not to attract as a Customer affiliated persons or projects in which the Partner has equity or beneficial interest.  The remuneration for attracting such a Customer is not accrued and is not payable to the Partner.

5.2. GetCourse is obliged to:

5.2.1.Pay remuneration to the Partner for the Services rendered in accordance with the procedure provided for in Section 4 of the Agreement.

5.2.2.Send the Partner Code to the Partner's email address, no later than 3 (three) business days from the date of acceptance of the Affiliate Program.

5.2.3.Post on web-site https://getcourse.io, in a timely manner, the information and documents relating to the procedure and conditions for providing the Customers with access to the Platform.

5.2.4.Independently determine the commercial terms of cooperation under the License Agreement and coordinate them with the Customers, taking into account GetCourse's interests. GetCourse will resolve whether to sign the License Agreement with the Customer, at own discretion, the Partner not being involved.

5.2.5.Provide GetCourse Services to Customers in the manner and based on the terms and conditions established by the License Agreement, as well as to terminate the License Agreement with a Customer unilaterally on the grounds provided for in such agreement. Information about the Customers whose License Agreements were terminated by GetCourse during the Reporting Period will be communicated to the Partner in accordance with the procedure established in clause 6.1 of the Affiliate Program.

6. Procedure for provision of the services

No later than 5 (five) business days from the date of receipt of the notification from the Partner about payment of remuneration thereto, GetCourse will execute and send the following documents using the Personal Account, to the Partner, to the email address or via other communication channels agreed by the Parties:

• Report about the Customers with whom GetCourse has either signed and/or terminated the License Agreement, indicating the Customer's name and/or ID, date of signing the License Agreement, concerning the Customer during the Reporting Period, the Partner's applicable remuneration rate in accordance with clause 4.1 of the Affiliate Program;

7. Responsibilities of the parties

7.1.For non-fulfillment or improper fulfillment of their obligations under the Affiliate Program, the Parties will bear responsibility in accordance with legislation of the Republic of Kazakhstan. 

7.2.The Partner is liable to GetCourse for violation of the obligations stipulated by the Affiliate Program, and is also obliged to reimburse GetCourse with all losses caused by such violation.

7.3.GetCourse is not liable for disputes and disagreements that have arisen between the Partner and Customer in relation to the Services provided, as well as in all cases when such disputes and disagreements are not in any way related to the subject of the Affiliate Program.

7.4.In case of termination of the Affiliate Program on the grounds specified in clauses 8.2 and 10.4 of the Affiliate Program, the Partner will not have the right to receive the remuneration, and the Right Holder will revoke any and all remuneration payments provided for by the Affiliate Program.

7.5.Any Party will not be liable for partial or total non-fulfillment of the obligations under the Affiliate Program, if such non-fulfillment resulted from force majeure circumstances such as Acts of God, which could have neither foreseen nor prevented by reasonable measures of the Party. Such circumstances and Acts of God include natural disasters, accidents, floods, earthquakes, epidemics, fires, mass riots, strikes, revolutions, military actions, introduction of legislative acts, governmental resolutions and orders of state bodies directly or indirectly prohibiting any of the activities specified in the Affiliate Program, as well as any other circumstances going beyond reasonable control of the Parties, ad preventing proper fulfillment of their respective obligations thereunder.

7.6.In the event of these circumstances, the final dates of fulfillment of the obligations under the Affiliate Program will be proportionately postponed for the period of duration of the relevant circumstance.

7.7.Any Party that is unable to fulfill its obligations due to occurrence of force majeure circumstances must do anything it can in order to notify the other Party of occurrence of such circumstances, either by e-mail, by means of ordinary mail or courier service.

7.8.The Parties' performance of their obligations under the Affiliate Program shall be resumed immediately upon termination of force majeure circumstances.

8. Validity of the Affiliate Program

8.1.The Affiliate Program takes effect from the date of its acceptance by the Partner and is valid for 2 years.

8.2.The Right Holder has the right to terminate the Affiliate Program unilaterally in case of violation by the Partner of its obligations under clauses 5.1.1-5.1.6 of the Affiliate Program.

8.3. If 30 (thirty) calendar days before expiration of the Affiliate Program's validity, none of the Parties demands termination of its validity in writing, the Affiliate Program is considered extended on the basis of the same conditions for the forthcoming year, and the number of extensions of the Affiliate Program for a new period is not limited.

8.4.The Affiliate Program may be terminated in the cases provided for by law of the Republic of Kazakhstan. At the same time, the Party initiating such termination is obliged to give a notification to the other Party no later than 10 (ten) calendar days before the expected date of termination of the Affiliate Program.

9.Confidentiality clause

9.1The Parties undertake not to disclose the information received thereby during the period of implementation of the Affiliate Program, and such information is confidential for both of the Parties. "Confidential information" in the Affiliate Program means information that is not publicly available, disclosure of which may result in losses, and/or affect business reputation of any of the Parties, and includes:

9.1.1.information about the Customers and any settlements with the Customers within the framework of the Affiliate Program for provision of the services;

9.1.2.information about the Right Holder's tariff policy, and the amount of the Partner's remuneration.

9.2.The fact of joining the Affiliate Program and the subject of the Affiliate Program are not deemed confidential.

9.3.The Parties are obliged not to disclose Confidential Information, as well as to perform all necessary actions aimed at preventing its disclosure to third parties other than to the Parties's responsible persons authorized to receive and disclose such information on behalf of each of the Parties in connection with fulfillment of the obligations under the Affiliate Program.

9.4.Confidential information may be provided to third parties only in accordance with the procedure established by the legislation of the Republic of Kazakhstan; at the same time, the Partner is obliged to notify the Right Holder in this regard immediately.

9.5.In case of termination of the Affiliate Program, the Parties undertake neither to disclose nor use Confidential Information for their own benefit and/or for the benefit of third parties, within 2 (two) years from the date of termination of the Affiliate Program.

10. Partner's anti-corruption obligations 

10.1.the Partner guarantees that it complies with, and undertakes to comply with, anti-bribery and corruption legislation of the Republic of Kazakhstan applicable to the Affiliate Program.

10.2.The Partner, as well as its respective officers, employees, shareholders, representatives or agents ("Representatives"), hereby undertake, neither directly nor indirectly, in private business or in relations with the public sector, neither to offer, pay nor agree to offer or pay (either independently or in a secret deal with any others persons) any amounts, nor transfer valuables as gift, nor provide other benefits in respect of any issues that constitute the subject of this Affiliate Program, if such an offer, gift or agreement:

10.2.1.would violate any anti-bribery or anti-corruption laws or regulations applicable to the Partner or to the Right Holder (or which would have been applicable if the Right Holder had made such an offer, donated valuables or entered into such an agreement);

10.2.2.are intended to exert influence, or influence or represent a reward to any person for actions in violation of his duties, principles of integrity, impartiality or trust, or which in one way or another it would be inappropriate for the recipient to accept;

10.2.3.are done for the benefit of, or directly to, a public official with the intention of influencing him, gaining or retaining an advantage in doing business; or 

10.2.4.would have reasonably been deemed otherwise unethical, illegal or improper.

10.3.The Partner undertakes to notify the Right Holder of any violation of the above clause independently or through its Representatives, and never hesitate to provide any information reasonably requested by the Right Holder in connection with such violation.

10.4.Without prejudice to the provisions of clause 8.2, if the Right Holder has reason to believe that there has been a violation of this clause 10, the Right Holder has the right to terminate this the Affiliate Program forthwith, by giving a written notification thereof to the Partner.

11. Final provisions

11.1.In all other respects not specified by the Affiliate Program, the Parties shall be guided by the applicable legislation of the Republic of Kazakhstan.

11.2.In case of disputes arising under the Affiliate Program, the Parties will take all measures to resolve them on a mutually accepted basis by means of mutual negotiations.

11.3.in case if form of the legal entity's incorporation changes, or a liquidation procedure is initiated by one of the Parties, such Party undertakes to notify the other Party of that within 10 (ten) business days prior to the date when the legal entity's status changes, or within 10 (ten) business days from the date of commencement of the liquidation procedure.

11.4.If legal entity's status of one of the Parties changes, the rights and obligations under the Affiliate Program shall be transferred to legal successor of such Party, determined in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

12. Rightholder's legal entity and addresses 

GetCourse Kazakhstan LLP
BIN: 220340029013

Location: Kazakhstan, Almaty city, Bostandyk district, Nursultan Nazarbayev Avenue, house 189/2, sq. 1, postal code 050013

E-mail: support@getcourse.io