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Terms of Enrollment
and Agreement

This Affiliate Agreement ("Agreement") is between you, either individually or as a representative of your company or institution ("Affiliate") and Global Frontiers, Inc. dba getskilled.com ("getskilled.com"). BY CLICKING ON THE "I AGREE" BUTTON, WHICH YOU HAVE SELECTED AFTER VIEWING THIS AGREEMENT, IT GOES INTO FULL EFFECT (THE "EFFECTIVE DATE") AND YOU AGREE TO THE TERMS OF THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY.

  1. License and Restrictions: getskilled.com grants Affiliate a personal, nonexclusive, nontransferable license to participate in the Affiliate Program ("Program"), which involves the marketing, sales, and promotion of services available at the getskilled.com Website (the "Service"). Affiliate may not sublicense, assign, or transfer its benefits or rights under this Agreement.
     
  2. Term: The Term of this Agreement shall commence on the Effective Date and shall continue for an initial term ("Initial Term") of one year, notwithstanding the provisions of Paragraph 4 hereunder. Following the end of the Initial Term, the Agreement will automatically renew thereafter for an additional period of same duration ("Renewal Terms").
     
  3. Notices: Notices given by getskilled.com to Affiliate will be given by email or by conventional mail, using the contact information provided as part of the Program enrollment process, or to updated addresses provided to getskilled.com by notice given consistent with this provision. Notices given by Affiliate to getskilled.com must be given by email to affiliates@getskilled.com, by conventional mail sent to getskilled.com, P.O. Box 22021, Portland, OR 97269-2021, or by faxed letter sent to +1 (503) 652-9996, or such updated addresses which getskilled.com may provide Affiliate by notice given consistent with this provision.
     
  4. Compensation: The amount owing to the Affiliate for any period ("Commissions") will be based on the percentage of actual net revenue received from customers who utilize the Service after being referred to the Service by Affiliate ("Referred Users"). The actual Commission shall be calculated as follows:
  1. First Year's Commissions (Year 1): 15% of net monthly revenue ("Net Revenue") paid within Referred User's first year of Service.
     
  2. Renewal Commissions (Years 2+): 7.5% of Net Revenue paid within Referred User's second or greater year(s) of Service.

All Commissions are paid "as earned" in U.S dollars, monthly, on the 15th day of each month or the closest business day thereafter ("Payment Date"), provided that the total Commissions for the month exceeds the Minimum Amount. The "Minimum Amount" is defined as $50.00 for Affiliates residing within the United States and Canada, and $100.00 for international Affiliates residing outside of the United States and Canada. If the total Commissions for the month are less than the Minimum Amount, getskilled.com will reserve the payment and continue to accumulate said Commissions until the total Commissions owed exceed the Minimum Amount and will pay Affiliate on the first subsequent monthly Payment Date. getskilled.com may withhold any and all payments to the Affiliate if the Affiliate is in breach of this Agreement.

  1. Termination: Either party may terminate this Agreement at any time. Upon termination, Affiliate shall no longer be entitled to participate in the Program and the licenses granted hereunder shall end; the terms of this Agreement will otherwise remain in effect. Affiliate shall immediately return or destroy all Proprietary Information in the Affiliate's possession and/or in the possession of the Affiliate's agents, servants, and/or employees. Affiliate shall also immediately remove any hyperlinks and materials, over which getskilled.com has a proprietary right, from the Affiliate's Website and/or the Websites of Affiliate's agents.
  1. Affiliate may terminate this Agreement, with our without cause, by sending an email to affiliates@getskilled.com. Within 30 days of termination, and only if Affiliate is not in default of this Agreement, Affiliate shall receive Commissions which were earned as outlined herein since the prior Payment Date.
     
  2. getskilled.com may terminate this Agreement, with or without cause, by notice to Affiliate using the contact information Affiliate has provided. If Affiliate fails to comply with any term or condition of this Agreement, getskilled.com, at its sole discretion, may find Affiliate in breach of this Agreement.
  1. Independent Contractor: Affiliate acknowledges its status as an independent contractor, and in no way is to be construed as an employee of getskilled.com or of any of its associates in any capacity. Neither Affiliate nor its assistants, subcontractors, or employees will hold themselves out as employees of getskilled.com, nor have expectations or entitlement to any employment benefits including but not limited to health, life or disability insurance, retirement or pension plans, paid vacation or sick leave, unemployment compensation or worker's compensation insurance from getskilled.com. Affiliate shall supply, supervise and compensate any assistants, subcontractors, or employees required in the performance of this Agreement at its sole discretion, and in no way will getskilled.com be obligated to pay Affiliate's assistants, subcontractors, employees, agents or assigns directly.
     
  2. Licenses and/or Certifications: Affiliate shall be responsible for obtaining whatever licenses or certifications that may be necessary under applicable law to fulfill the responsibilities of this Agreement.
     
  3. Method of Performance: Affiliate shall have control over and shall be solely responsible for the manner in which it fulfills its responsibilities under this Agreement, and shall be responsible to getskilled.com only to the extent that it abides by getskilled.com's policies for the marketing and sales of getskilled.com's products and services.
     
  4. Income Reporting: getskilled.com will report to federal, state and local government agencies, as required by law, that it has paid Affiliate certain sums for services rendered by Affiliate to getskilled.com, including but not limited to the annual filing of IRS Form 1099 MISC. Affiliate agrees to provide getskilled.com with any and all information necessary for such reporting, such as a Taxpayer Identification number or social security number, immediately upon request. Affiliate also agrees that it will report to federal, state and local government agencies, as required by law, that it has been paid by getskilled.com certain sums for services rendered by Affiliate to getskilled.com, including but not limited to the annual filing of IRS Form 4669.
     
  5. Marketing and Promotion: Affiliate agrees, at its expense, to use its best efforts to actively and effectively advertise, market and promote the Service as widely as possible so as to maximize the benefit to Affiliate and getskilled.com. These efforts will include, but not be limited to, promotional activities such as online advertising, print advertising, newsletters, and hyperlinks from its respective Website(s) to getskilled.com. Affiliate shall not assert any claim or interest in or to any trademark, trade name, copyright, service mark or logo belong or licensed to getskilled.com, or do anything to adversely affect their validity or enforceability. This includes any act or assistance to any act that may infringe, or lead to the infringement of, any software copyright. All marketing, sales, or promotional materials bearing any variation of getskilled.com's name(s), services, and/or service mark(s) shall conform to the policies of getskilled.com for such materials, and Affiliate agrees to present any such materials to getskilled.com for inspection and approval prior to distribution.
     
  6. Offer Code: Affiliate will be issued an Offer Code to facilitate special offers, sales tracking and compensation.
     
  7. Purchase Not Required: Affiliate is NOT required to signup for Service from getskilled.com in order to participate in the Program.
     
  8. Damage Limitation: In no event shall getskilled.com be liable for money damages under this Agreement, including but not limited to special or consequential, direct or indirect, whether or not the possibility of such damages have been disclosed to getskilled.com in advance or could have been reasonably foreseen by getskilled.com. Affiliate indemnifies and holds harmless getskilled.com from all claims, damages, and expenses.
     
  9. Consideration: Affiliate and getskilled.com acknowledge receipt of consideration for their performances under this Agreement.
     
  10. Force Majeure: Affiliate understands that due to factors outside of getskilled.com's control, including but not limited to power failures, technical failures, interruption of service by any telecommunications company, activity on the Internet, acts of God, or any other cause outside getskilled.com's control, Service may be interrupted. Affiliate acknowledges that such interrupts are not a breach of getskilled.com's performance under this Agreement.
     
  11. Acceptable Use Policy: In the event of inappropriate use of Service by Users, getskilled.com, at its sole discretion, may suspend access to the affected account and to the data contained therein. It is further understood that suspended accounts do not generate Net Revenue and are not included in the calculation of Commissions.
     
  12. Non-Waiver: Non-enforcement of any section of this Agreement by getskilled.com does not constitute consent or waiver of that term or section and getskilled.com reserves the right to enforce this Agreement at its sole discretion.
     
  13. Governing Law: This Agreement and the rights and obligations of the parties under it are governed by and interpreted in accordance with the laws of the State of Oregon (without regard to principles of conflicts of law), United States of America.
     
  14. Integration: This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter of this Agreement. There are no agreements, understandings, restrictions, representations, or warranties between the parties other than those in this Agreement or referred to or provided for in this Agreement.
     
  15. Modification: getskilled.com may at its sole option, anytime, modify or append this Agreement by posting the revised Agreement to its Website and agrees that no other notice is required. Affiliate's continued participation in the Program following getskilled.com's posting of such changes will constitute binding acceptance of this change. If any modification is unacceptable to Affiliate, Affiliate's sole remedy is to terminate its participation in the Program. Affiliate is responsible for reviewing information posted on the getskilled.com Website on a regular basis. No other modifications or amendments of any provision(s) of this Agreement will be binding on getskilled.com.
     
  16. Severability: If any term or provision of this Agreement is held to be void or unenforceable, that term or provision will be severed from this Agreement, the balance of the Agreement will survive, and the balance of this Agreement will be reasonably construed to carry out the intent of the parties as evidenced by the terms of this Agreement.
     
  17. Captions: The captions used in this Agreement are for the convenience of the parties only and will not be interpreted to enlarge, contract, or alter the terms and provisions of this Agreement.
     
  18. Limitations to Agency Power: The parties understand that this Agreement is for the purposes of adding customers to the getskilled.com customer base. Within the scope of this Agreement, the parties are independent contractors and not employees, agents, partners, joint ventures, or any other entity possessing joint liability. Neither party has the authority to bind the other, except as required during the course of performance as expressed herein.
     
  19. Attorney Fees: In the event of any suit or action to enforce or interpret any provision of this Agreement, the prevailing party is entitled to recover, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decided.
     
  20. Arbitration: Any controversy, claim or dispute between the parties to this Agreement arising out of or in connection with, or in relation to the interpretation, validity, performance or breach of the Agreement shall, at the request of either party, first be resolved to the exclusion of a court of law by binding arbitration, in Multnomah County, Oregon, in accordance with the rules and policies set by the presiding Arbitration Judge in Multnomah County, Oregon. All parties consent to personal jurisdiction in the State of Oregon.

WHEN YOU SIGNUP, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND, BY CLICKING ON THE BUTTON MARKED "I AGREE", INDICATE YOUR ACCEPTANCE OF ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS IS THE COMPLETE AGREEMENT BETWEEN US AND IT SUPERSEDES ANY OTHER INFORMATION YOU MAY HAVE RECEIVED RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

  

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