Join Our NotePodcasts Rep ProgramThanks for your interest in becoming a Rep for our NotePodcasts collection of study aids. As you know by now, NotePodcasts are audio and text summaries of required reading (such as, The Scarlet Letter) that can be played on an iPod, MP3 player or computer. Almost every student needs a little help with their required reading at some point during the semester, so NotePodcasts are bound to be popular, which means you can earn money by telling your fellow students about them. This is how it works. Simply direct your schoolmates to your personal webpage (such as MySpace, Facebook, or anywhere else) and they can click on a link from there to www.NotePodcasts.com. If they make a purchase, you get credit for it, earning a commission (25%) on the sale. Specifically designed software keeps track of the sales, so there’s no question of where the purchases came from and how much money is due to you. In order to help our NotePodcasts Reps maximize their income, InterLingua Educational Publishing offers marketing and sales support in a number of ways: SERIOUS COMMISSIONS: InterLingua will compensate our Reps at the generous rate of 25% of sales – without question, the highest rate available from any school rep program. Since NotePodcasts sell for $2.99 per download, the Rep will receive 50¢ (well, actually 49.75¢) from each sale of either the audio or text downloads for which they are responsible. It’s important to note that the sale MUST BE MADE via the Rep’s webpage since it’s the only way for the software to properly credit the sale. STRONG MARKETING SUPPORT: To help you drive buyers to www.NotePodcasts.com via your webpage, InterLingua will provide you with the marketing materials you need, including:
INSTRUCTION AND CONSULTATION: To help you start making money, InterLingua’s NotePodcasts Rep Manager will work with you to create a marketing program designed just for you and your school. We’ll send you a form that you can use to survey your school (such as names of the school publications) and once we receive it, the NotePodcasts Rep Manager will work with you to come up with the best ideas for your school. In addition to providing instructions on how to begin, the NotePodcasts Rep Manager will share ideas with you from successful reps, consult with you on a regular basis about sales boosting techniques, and answer any questions you may have about being a NotePodcasts Rep. MARKETING ALLOWANCE: In addition to providing you with the tools you need to get started, InterLingua supports your continued success with a Marketing Allowance. A percentage of every sale is held aside to assist in your marketing activities, such as ads in the school newspaper or on the school website. Suggestions on how to use the funds are welcome, and all spending is coordinated with the NotePodcasts Rep Manager. RELIABLE TRACKING: To insure that each NotePodcasts Rep receives every penny he/she has earned, and to avoid any potential conflict of interest, InterLingua has contracted with one of the nation’s leading affiliate software publishers. The software reports how much each rep has earned on a monthly basis and InterLingua makes payments to the Rep’s via PayPal accounts (which are free for you to set up). LIMITED NUMBER OF REPS AT EACH SCHOOL: Another way InterLingua helps our Reps maximize their earnings is by limiting the number of Reps at each school. Smaller schools will have only one Rep, while larger ones may have several. Our intention is to minimize overlapping and let each Rep earn as much as he/she can. WE’RE HERE TO HELP YOU: Very simply, the more you earn, the more we earn, so we’re here to help you in every way we can. The NotePodcasts Rep Manager is available to you when you have questions, need more posters to hang, new art for your webpage, or whatever. Just call or email, and we’ll get back to you as quickly as possible with the answers you need to help you make more money.
THE AGREEMENT BETWEEN YOU AND US (PLEASE READ)To become a NotePodcasts Rep please read the following carefully, fill out the application, sign it, and send it back to us by fax or snail mail. (Those under 18 years of age must have a parent or guardian sign as well.) If you have any questions before signing up, feel free to contact us at manager@NotePodcasts.com. We’ll review your application and get back to you as quickly as possible. We’ll probably want to speak with you on the phone to explain our expectations and get a sense of how much time and energy you plan to devote to being a NotePodcasts Rep. We’ll also want to look at your webpage, since this is where you’ll be sending your fellow students. Because the NotePodcasts Rep Program sends students – including those under 18 years of age – to the Reps’ webpages, it is essential that the webpages properly represent both InterLingua Educational Publishing and the NotePodcasts brand, that they are in good taste, not violating any laws, nor offending potential buyers with:
It’s completely up to the NotePodcasts Rep Program Manager to decide what are suitable and unsuitable webpages, and we expect that while you’re a NotePodcasts Rep you won’t change your webpage to include any of the above type of material. Once we start working together we would hate to have to end the relationship because you decide to post some unsuitable graphics or text. Another important point is that as a NotePodcasts Rep, you must obey all laws, and not violate any school rules or regulations. Since you are an independent contractor representing InterLingua Publishing and the NotePodcasts brand everything you do must enhance the reputation of the company and the product. So, while you can post flyers on designated public bulletin boards or email your friends, overly aggressive activities, such as SPAMMING or littering the school with flyers, are not permitted. In fact, this is so important to us that violating any law or school rule, or abusing the internet, will mean an end the relationship between us. In the “Welcome Kit” we send to new Reps, we include a CD with logo artwork and other art/text to be used on webpages, self-produced marketing materials, etc. Since keeping a consistent, high quality message across the nation is vital to all our sales, we ask that anything created by a Rep promoting the NotePodcasts products, receives approval from the NotePodcasts Rep Manager before it is used. As any marketing consultant will tell you, a well-orchestrated campaign multiples the effectiveness of each individual element. As mentioned above, we’ll be accumulating a Marketing Allowance for your school based on your sales. How much is spent; where it’s spent; when it’s spent; if it’s spent, and so on, is totally at the discretion of the NotePodcasts Rep Manager, but without a doubt, your input is sought and appreciated. Speaking About MoneyAs mentioned above, InterLingua will pay the NotePodcasts Reps a generous rate of 25% of all sales revenue (excluding taxes) made via the link between the Rep’s webpage and NotePodcasts.com. It can’t be emphasized enough that successfully linking to our website is critical in order to insure that all sales are properly credited to the appropriate Rep. InterLingua has no other method of monitoring sales results and will only accept the information provided by it’s software supplier as the basis for making commission payments. Payments, which are calculated only on the successful conclusion of a sale from the NotePodcasts website, will be made to the NotePodcasts Rep via a PayPal transfer on a once a month basis, within 15 days of the end of the month. We want you to know that InterLingua and the NotePodcasts Rep Manager are here to help you maximize your income, and will do everything we can to assist you. But something may come up, such as you not having enough time to devote to being a NotePodcasts Rep, or perhaps your sales are below what seems appropriate in the estimation of the NotePodcasts Rep Manager for the size of the school and student population. Whatever the reason, since you’re an independent contractor to InterLingua, you can end your relationship for any reason, at any time, and we can do the same. Just send us an email or letter to let us know. No harm done, no ill feelings. In any case, we’ll “cut the link” between the www.NotePodcasts.com website and your webpage, so your classmates won’t be able to order NotePodcasts via your webpage. Obviously, once you are no longer a NotePodcasts Rep you won’t receive commissions on future sales made by students after our relationship officially ends, even if those students have purchased NotePodcasts via your webpage in the past. In fact, we take privacy very seriously, and while we’re collecting, storing and analyzing information about those who come to us via your webpage, other than total sales volume (upon which your commission is based), we can’t share any information with you about those who purchase NotePodcasts via your webpage. Also on the subject of privacy, as an independent contactor of InterLingua, we will be sharing information about our products, business strategies, pricing, promotional activities, and so forth with you. We expect that this Confidential Information, which has been developed by InterLingua at a considerable investment of time and/or money, will be held in strict confidence and won’t be disclosed to anyone without prior consent from the NotePodcasts Rep Manager. We also expect that the Confidential Information won’t be used for any purposes other than to conduct the business of InterLingua. As a NotePodcasts Rep you can’t: offer unapproved incentives, such as discounts, to encourage people to buy; sell or giveaway NotePodcasts in any manner except through a link to www.NotePodcasts.com; or do anything to artificially manipulate sales numbers and/or commission payments. That’s our story. Now the rest is up to you. Oh, wait a second… …A FEW WORDS FROM THE LAWYERSOnce you have been accepted as a NotePodcasts Rep, you have a revocable, non-exclusive, worldwide, royalty-free license for the duration of the term of this Agreement, solely for purposes of facilitating sales from the NotePodcasts.com website via your webpage. Except for the license granted above, you do not obtain any rights under this Agreement in any intellectual property, including, without limitation, intellectual property with respect to the contents of the NotePodcasts products, copyrighted contents on the NotePodcasts.com website, graphical artwork or any other materials supplied to you to assist in your sales efforts, or with respect to the NotePodcasts brand name. Further, you acknowledge and agree that you will: (a) use any data, images, text, or other information obtained by you from InterLingua only in a lawful manner and only in accordance with the terms of this Agreement; (b) not modify or alter any Content that consists of a graphic image, other than to resize it; (c) not sell, redistribute, sublicense or transfer any Content outside the scope of this Agreement; (d) promptly delete any pertinent Content or images from your webpage should your NotePodcasts Rep relationship be terminated or upon instructions by the Company. Identifying Yourself as a NotePodcasts Rep: You may not in any manner misrepresent or embellish the relationship between the InterLingua and you, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement. Compliance with Laws: As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws. Further, you will indemnify and hold InterLingua harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site. Term of the Agreement: The term of this Agreement will begin upon our acceptance of your application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to the NotePodcasts.com Site, and all of the Company’s trademarks, logos, and all other materials provided to you in connection with the Program. You are eligible to earn fees only on sales that occur during the term, and we may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Modification: InterLingua may modify any of the terms and conditions contained in this Agreement at any time and in our sole discretion. NotePodcasts Reps will be informed of any substantive change in the Agreement, and modifications that include a change in the fee schedules will be provided 30 days prior to implementation. Relationship of Parties: As a NotePodcasts Rep you are an independent contractor, and nothing in this Agreement implies any partnership, joint venture, agency, franchise, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on behalf of the Company, and you cannot make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section. Limitation of Liability: InterLingua will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to you under this Agreement. Disclaimers: InterLingua makes no express or implied warranties or representations with respect to the program or any products sold through it. In addition, we make no representation that the operation of the NotePodcasts.com Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. Independent Investigation: You acknowledge that you have read this agreement and agree to all of its terms and conditions. You understand that the NotePodcasts Rep program is a national program and there is no exclusivity of territory; that other NotePodcasts Rep may compete with you; and that the company, through its own marketing activities will be soliciting customers for its NotePodcasts.com website. While InterLingua does not intend to divert sales from a NotePodcasts Rep by selling directly from its own website, that possibility exists. Miscellaneous: This Agreement will be governed by the laws of the United States and the state of California |





