Affiliate Legal Policy

An affiliate is an individual or company who agrees to market or promote products of 10MS Limited in exchange for a commission amount. ‘Commission’ or ‘Affiliate Commission’ means an amount payable to the affiliates for each Customer Transaction through their affiliate links.

Affiliate Acceptance

Once an individual or a business becomes an Affiliate of 10MS Limited, he/she must accept and comply with the Affiliate Legal Policies. Failure to comply with the policies or any breach of policies shall result in discontinuation of the affiliate partnership between 10MS Limited and the affiliate.

Sales Commission Policy
  1. In consideration for the Affiliate’s performance of its obligations and as good and valuable consideration, the Company shall pay to the Affiliate, a commission on the Net Sales amount, at such rates as shall be specified by 15% by the Company to the Affiliate (“Commission”). The Commission is inclusive of VAT, where applicable, and shall be subject to levy and deduction of all applicable taxes (including without limitation withholding taxes and VAT). The rate(s) applicable to the Commission may be revised at any time at the sole discretion of the Company, subject to prior website notice being provided to the Affiliate to such change.
  2. The Parties hereby agree, acknowledge and confirm that Commission shall not be payable against Net Sales of any Products against which were part of a transaction against which any form of fraudulent activity has been suspected or found by the Company,
  3. Commission payments shall be disbursed to the affiliates thrice (3 times) in a calendar month with a digital invoice being published by the company within 3 days of each disbursement. Remaining commission amounts being displayed in the Affiliate Dashboard shall be settled in the next commission disbursement. Commission payments shall be made in Bangladeshi Taka (BDT.)
  4. Affiliates will be eligible for commission in the following structure.

    1. If an affiliate has lifetime sales value ranging from BDT 0 to BDT 29,999 he/she will be entitled to 15% commission.
    2. If an affiliate has lifetime sales value ranging from BDT 30,000 to BDT 149,999 he/she will be entitled to 16% commission.
    3. If an affiliate has lifetime sales value ranging from BDT 150,000 to BDT 599,999 he/she will be entitled to 17% commission.
    4. If an affiliate has lifetime sales value ranging from BDT 600,000 to BDT 29,99,999 he/she will be entitled to 18% commission.
    5. If an affiliate has lifetime sales value ranging from BDT 30,000,000 or above, he/she will be entitled to 20% commission.
    6. Affiliates will be eligible for 3% commission on the purchased sales value if an user has registered to 10MS Limited website from the affiliate link and then purchased a paid course from any other channel or directly from the website.
    7. Internal Instructors shall be eligible to receive a commission of up to 20% on each unit of sales as agreed upon through negotiations.
    8. The Company shall also provide the Affiliate with access to a dashboard on the Channel, which shall allow the Affiliate to view historical data on (a) how many times Customers have visited the Channels by Clicking the Hyperlink; (b) how many orders were placed by the Customers as a result of the Promotion; (c) how much sales revenue was generated to calculate the Net Sales; and (d) Customer conversion rates; (e) A sales record that includes the date of purchase, product name, sales value, and commission earned.
  5. Affiliate Sales Tracking through CookiesCookie tracking essentially means, if a potential customer clicks on the link provided by an affiliate, the affiliate will be eligible for commission if the user buys the course using the given link within the cookie period. The following criterias will be applicable for sales tracking through cookies-

    1. Web browser will track cookies for 7 days starting from when the link was first clicked.
    2. A sale will be attributed to an affiliate if the last clicked link from the user is that of the affiliate.
    3. A sale will not be attributed to an affiliate if the last clicked link from the user is that of any other active sales channel of 10MS Limited i.e Media Buying, Telesales and Corporate Sales even if the first click was an affiliate link.
  6. Grievance Refund PolicyFollowing are the policies for payment to be made to an affiliate whose commission has not been added to the dashboard for a technical reason.

    1. If an affiliate claims that he/she has sold from his/her affiliate link, we will pay his/her due commission for the said transaction only if he/she can provide us with the following information
      1. The transaction ID for the given transaction.
      2. The name of the customer.
      3. A screenshot/screenrecord/voice record/testimonial of the customer where it is clear to us that the customer has bought from the affiliate.
    2. If we can verify that the affiliate has fraudulently retrieved the necessary information to avail commission, we will not pay the commission amount.

Banning Policy

An affiliate shall be banned and partnership between an affiliate and 10MS Limited shall be terminated instantly:

  1. If an affiliate spams affiliate links in different platform
  2. If an affiliate uses platforms e.g. groups, pages, websites that claims to be owned by 10MS Limited officially.
  3. If an affiliate spreads misinformation about 10MS Limited.
  4. If an affiliate causes disruption or conflict in the Affiliate Community.
  5. If an affiliate verbally or physically harasses other affiliates.
  6. If an affiliate verbally or physically harasses 10MS Limited official employees.
  7. If any affiliate engages in activities that are deemed illegal by national and international law
  8. If an affiliate provides cashback to customers from personal funds.
  9. If an affiliate provides any content, strategic level plans and data which are deemed confidential to competitors.
  10. If an affiliate uses customer leads generated from 10MS Limited and gives it to competitors.
  11. If an affiliate has been proven of theft charges during their visit to the office.
  12. Other than the said reasons, 10MS Limited holds the right to ban any affiliate under circumstances that we see fit.
  13. If an affiliate uses platforms with the name '10MS'.

Non-Disparagement

An affiliate shall agree to forbear from making, causing to be made, publishing, ratifying or endorsing any and all disparaging remarks, derogatory statements or comments made towards the Company with regards to or otherwise degrading the Company’s reputation in the business or industry. Further, the affiliate shall hereto agree to forbear from making any public or non-confidential statement with respect to any claim or complaint against the Company without the consent of each of the Company, to be given in advance of any such statement.

Further the affiliate shall also agree that he or she will not make or publish any statement critical of the Company, its affiliates and their respective executive officers and directors, or in any way adversely affecting or otherwise maligning the business or reputation of the Company, its affiliates and subsidiaries and their partners.

Non-Defamation

The affiliate will refrain from, either directly or indirectly, hereafter making any defamatory comments of any type or nature whatsoever to anyone about the Company (and with regard to the Company and/or its subsidiaries, its employees, officers, directors, agents, consultants, affiliates, investors, or business partners, any product or service being sold, developed or provided by the Company and/or any Group Company).

Confidentiality:

All Confidential Information of 10MS Limited which might come into the affiliates’ possession during the continuance of his/her tenure with the Company shall be used solely for the business and in the interests of the Company. The Confidential Information:

  1. shall not be otherwise disclosed, divulged or made public by the affiliate, whether in writing or orally
  2. shall not be divulged or communicated to any person, company, business entity or other organization.
  3. shall not be used for the affiliate’s own purposes or for any purposes other than those of the Company; or The affiliate shall not through any failure to exercise due care and diligence, permit or cause any unauthorized disclosure of any Confidential Information.
  4. For the purposes of this clause, “Confidential Information” means information relating to the methodologies, organization, business, products, affairs and finances of the Company or its customers which comes to the affiliate’s knowledge during his/her employment and/or for the time being confidential to it or treated by it as such and trade secrets (including, without limitation, technical data and know-how) relating to the business of the Company, any associated company and/or subsidiary or any of the customers or Potential Customers or suppliers of the Company, associated company and/or subsidiary.

    For an avoidance of any doubts, Confidential Information shall also include but be not limited to

    1. financial and accounting records of the Company,
    2. information of customers, contractors and suppliers of the Company,
    3. information pertaining to the past and present employees of the Company;
    4. plans, designs, specifications, ideas, discoveries, improvements, innovations, concepts and other developments, trade secrets, techniques, methods, know-how, technical and non-technical data, computer programs, computer architecture, mathematical models, drawings, trademarks, copyrights, data, formulae, drawings, diagrams, specifications, processes, products, equipment, methodologies, algorithms, methods of analysis, data modeling procedures, business, financial, promotional or manpower plans and all other matters and information which are legally protected or recognised as forms of property, whether or not patentable or reduced to practice or to writing.

Warrants

  1. Affiliates are not 10MS Limited Employees. However, they’re partners to 10MS Limited who promote our brand independently.
  2. 10MS Limited will not be held responsible for any misconduct from the affiliates’ end.
  3. 10MS Limited will not be responsible for any promotional effort from the affiliates’ end.