Affiliate Terms & Conditions
Affiliates agree to these Terms & Conditions (T&C) when they participate in College OpenSource (COS).
COS and the Affiliate agree to work together to further each other’s commercial objectives, including acquisition of clients, marketing and promotion of the Affiliates and COS.
Rights to customers:
The Affiliates acquire the rights to work with consulting clients (students, families and other individuals) who contact them through COS properties with no restrictions besides the promise to adhere to the Independent Educational Consulting Association (IECA) Principles of Good Practice (at www.IECAonline.com).
COS has the rights to any membership or subscription lists generated online or through social media and web relationships.
COS explicitly does not have the right to refer any clients or potential clients who are in communication with the Affiliate, to other parties such as other Affiliates, without the written consent of the Affiliate.
Rights to content
The Affiliate agrees that COS will work to distribute and disseminate information, including text, videos, live presentations and other forms of information and content, through outlets owned or controlled by COS, such as its own website, Instagram, LinkedIn, Facebook, and other social media and websites.
The Affiliate has rights at all times to refuse distribution and dissemination for either individual items of information or all the information they generate and may also refuse a particular outlet (e.g. no use of Facebook). An Affiliate’s withholding of consent for an individual items does not affect the rights to distribute other items.
If an Affiliate asks for an individual piece of information that has already been distributed to be removed after the fact, COS will not assume any liability connected to this piece and will comply with the request promptly allowing for reasonable operational delays.
The Affiliate will continue to own and control the rights to its content. This agreement does not limit, affect or apply any conditions to Affiliate rights to its own content.
COS is not liable for any damages resulting from Affiliate information distributed. Likewise, the Affiliates are not liable for any damages resulting from COS information that is posted in the outlets.
COS use of Affiliate Trademarks or Logos will be negotiated between the parties on a case-by-case basis and they will be used only with Affiliate consent, with no limitations. If that consent is withdrawn, COS will act promptly to cease using the Trademark or Logo.
When COS grants use of its own proprietary content by an Affiliate, this content may be used privately with any clients but publication of more than an excerpt outside of COS must be approved in writing.
The Affiliate has the right to terminate its participation in the Agreement with no notice period and for any reason as long as it is communicated in writing and delivered electronically via email or by mail (not through other means).
COS will comply operationally with any such written request, including the removal of marketing materials connected to the Affiliate but not including information, including text, videos, live presentations and other forms of information and content, that has already been distributed and disseminated prior to receiving the termination. COS will be given a reasonable grace period to remove any marketing materials in light of operational requirements, but no longer than 30 days.
If COS wishes to terminate this Agreement, it must provide 30 days notice in writing to the Affiliate unless COS determines that the Affiliate has substantively violated the Policy applying to relationships with customers (the IECA Principles of Good Practice) and communicated this violation to the Affiliate. COS is not required to explain the reason for determining that the Policy has been violated by the Affiliate.
This Agreement does not represent consent by either COS or the Affiliate to make fee or licensing payments to the other party.
Any marketing, advertising or licensing revenues collected by COS are its own.
If the Affiliate wishes to agree to monetary terms connected to any content it produces, it must communicate in advance with COS to establish terms. Such terms will exist as an exception and will not void these Terms & Conditions.
Any commercial damages sought by either COS or the Affiliate from each other will not exceed $100. COS and the Affiliate agree to first conduct informal negotiations to resolve a Dispute over not less than 3 months.
The Affiliates are not liable for any data breaches related to COS information, including memberships.
When an Affiliate joins COS, COS will notify the Affiliate of the Terms & Conditions, implicitly granting consent.
COS will notify the Affiliate of any substantive changes to the Terms & Conditions.