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Affiliate / Partner Agreement
Please read the agreement document below before
registering.
I accept these terms
and wish to register
1. Term of the Agreements
The term of this Agreement will begin upon our acceptance of your Affiliate
/ Partner 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. You
are only eligible to earn referral fees on sales occurring during the
term.
Cause for terminations include:
"Use of unsolicited email / spam to promote the CustomisedPhoneCovers.com
service or program
If you use spam to promote the service you will be notified that your
account has been terminated.
We will pay UK Pounds £2 at our current retail price of £14.95, inclusive of 17.5% VAT after full payment of any sales contract or order. If you or I terminate your account 'without cause' then you will have the opportunity to cash-out, i.e. any and all commissions outstanding during the agreements term will be paid. If the amount owing is below the standard minimum payment level of £50 this will be subject to a cheque processing fee of £10.
1.1 Privacy
To protect your privacy at any time an affiliate may opt-out of receiving
any promotional messages from the company i.e. newsletters and sales
promotions. You can unsubscribe from affiliate communications at any
time by sending an email request to sales@CustomisedPhoneCovers.com
1.2 Mediation
Any problems or discrepancies over due commissions will be dealt with
within 7 days of an email notification to the company. All such matters
will be handled by Max Manners. Queries can be raised via email to max@CustomisedPhoneCovers.com
or by post to -
Mr. M Manners
A.R.T.S. Ltd
153 Marine Drive
Rottingdean
Brighton
East Sussex
BN2 8AA
UK
1.3 Tracking
Visitors are tracked using our software which enables you to inspect
our reportage for sales made via the link with your site.
1.4 Reporting
Affiliates will be able to access sales through their affiliate administration
panel. Access details will be supplied upon acceptance of your application.
Statistics are available subject to server performance in real time
providing banner impressions.
1.5 International Affiliates
International affiliates are welcome to join the program. All payments
made will be in Pounds sterling on a monthly basis. International affiliates
who would prefer a higher minimum check payment to reduce their bank
costs are welcome to discuss reviewed limits by contacting max@CustomisedPhoneCovers.com
1.6 Predatory Advertising
Affiliates agree not to use predatory advertising methods designed to
generate traffic from sites they have not contracted with for the online
promotion of our products, services and affiliate program.
Affiliate agrees not to use any predatory advertising methods in the promotion of our products, services or affiliate program.
Predatory advertising is defined as any method that creates or overlays links or banners on web sites, spawns browser windows, or any method invented to generate traffic from a web site without that web site owner's expressed, written permission.
Examples include, but are not limited to, keyword parsing browser "plugins" such as Top Text and Surf+, banner replacement technology such as Gator, and browser spawning technology that is not web site dependent.
Participation in predatory advertising programs will be cause for affiliate's immediate termination.
2. Commission Payments
We will pay 10% commission (UK Pounds £1.49 at our current retail
price of £14.95, inclusive of 17.5% VAT) after full payment of
any sales contract or order. We do not pay any commission related to
the charge for Postage & Packing. Payments will be made every 30
days sent in the form of a cheque payable in sterling to the 'Payee'
as described in the affiliate application form. You are held responsible
for your own tax liabilities in relation to this payment.
The minimum payment level is UK Pounds £50. Accounts owing under
this figure will be carried forward to the next sales period until commissions
have accumulated to the UK Pounds £50 threshold. Commissions against
sales that are rejected upon credit card authorisation or otherwise
refunded, or charge backs will be deducted from your following commission
payment.
3. Modification
We may modify any of the Terms and Conditions contained in this Agreement,
at any time and in our sole discretion, by posting a change notice all
affiliates who have not opted out of receiving email notifications will
also receive an email notification.
Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules.
Any changes, or modifications made will be in 'good faith', the agreement will not be altered to purposely avoid paying affiliates due commissions.
Any substantive changes i.e. change of commissions will be made with at least 14 days notice by email and onsite update of agreement.
Notification of all changes will also be broadcast in an email message to all affiliates providing you have not opted out of receiving further communications from us.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOU'RE CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
4. Limitation of Liability
We 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 referral
fees paid, or payable to you under to this Agreement.
5. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS
TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY
OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM
THOSE CONTAINED IN THIS AGREEMENT, OR OPERATE WEB SITES THAT ARE SIMILAR
TO, OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED
THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING
ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH
IN THIS AGREEMENT.
6. Miscellaneous
This agreement certifies that the CustomisedPhoneCovers service and
products meets the legal requirements of the United Kingdom.
This Agreement will be governed by the laws of the
United Kingdom, without reference to rules governing choice of laws.
You may not assign this Agreement, by operation of law or otherwise,
without our prior written consent. Subject to that restriction, this
Agreement will be binding on, inure to the benefit of and be enforceable
against the parties and their respective successors and assigns. Our
failure to enforce your strict performance of any provision of this
Agreement will not constitute a waiver of our right to subsequently
enforce such provision or any other provision of this Agreement.
I accept these terms and wish to register