Affiliate Agreement
Step
1 – Affiliate Agreement >> Step 2 – Application >> Step
3 - Confirmation
(1) Term
of the Agreement : The term of this Agreement will
begin upon our acceptance of your Affiliate 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.
(2) 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 or a new agreement
on this site. Modifications may include, for example, changes
in the scope of available referral fees, fee schedules, payment
procedures and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE
TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT.
YOUR 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.
(3) 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.
(4) 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 website. 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.
(5) Unsolicited
Email : Business Mailing has a zero tolerance
policy for unsolicited email (spam). Any Affiliate accused
of spamming will be immediately suspended whilst Business
Mailing, in their sole discretion, determines if the validity
of the spam complaint. Valid spam complaints will result
in the immediate termination of your account and forfeiture
of any commissions owed you.
(6) Miscellaneous
: This Agreement will be governed by the
laws of the United Kingdom , without reference to rules governing
choice of laws. Any action relating to this Agreement must
be brought in courts located in London , England and you
irrevocably consent to the jurisdiction of such courts. 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.
(7) Payments : We shall pay 30% of gross revenues for sales of Business Mailing products referred by an affiliate. A commission will only be credited to an affiliate after the customer has made full payment to Business Mailing. If customer later requests a refund or a chargeback is issued by the credit card holder whose credit card was used to pay for that customer's account, any commissions that were credited will be deducted from the next monthly payment. If there is no next monthly payment, the affiliate will be billed and hereby agrees to be bound by law to reimburse Business Mailing in full for any such commissions. Payments will be issued via bank transfer. Affiliates must have accumulated commissions of at least £500 for a given payment period before payment will be issued. If commissions are less than £500 for a given month, the commissions will be held over till the next month. This will continue until the commissions accumulate to more than £500. Commissions shall be paid monthly on the 15th day of each month or the first working day following the 15th if the 15th day falls on a weekend or public/bank holiday. Please note that 30% commission will only be offered for a probationary period of 14 days. If your account is not utilised to an acceptable level within this period then we reserve the right to reduce the commission or withdraw the reseller account completely. Please note payments will not be made until at least 3 unique orders (e.g. placed by separate clients) are made, regardless of the account balance.
(8) Linking
: We will provide you with links, including
URL addresses and appropriate graphics (the Link Materials),
with which you may link your website to our website. Details
on accessing these Link Materials are set out in the Affiliate
Network Description below. If you are an approved Affiliate,
we grant you a non-exclusive limited license solely to reproduce
and use these Link Materials, including our trademarks to
the extent they are incorporated into these Link Materials,
only while you are an Affiliate and only in accordance with
the terms and conditions of this Agreement. You agree to
display the Link Materials appropriately on your website
and to respect our trademarks, service marks, and other rights
in the Link Materials. You will use only these Link Materials
to link your website to ours, and you will not alter the
look or feel of these Link Materials or of our Web site in
any way. You will use reasonable efforts to update to new
versions of Link Materials as we make them available.
(9) Tracking
: Business Mailing will be solely responsible
for tracking sales using special software that communicates
with the specially encoded URLs assigned to affiliates. We
will endeavor to do its best and ensure accurate tracking
of referrals made by affiliates. Affiliates will themselves
be solely responsible for ensuring that these special URLs
are formatted properly, a necessary prerequisite to accurate
tracking of referral sales. Notwithstanding the above statement
of responsibility by Business Mailing Software to track sales,
affiliates hereby acknowledge and accept that the tracking
system employed by Business Mailing is not 100% fail-safe
and that there may on occasion be instances of referral sales
made that are not credited to an affiliate for any of the
following possible reasons:
- Failure by the affiliate to use the proper format of
the specially assigned URL in promotions, web page links,
banner ads, and so on deliberate or accidental actions
by customers to circumvent an affiliate's special URL so
that our software is unable to accurately track that sale.
- Bugs, glitches or crashes of the tracking software that
render it unable to accurately track sales for a period
of time.
- Acts of nature that causes irretrievable data loss on
the computers and back-up disk media.
We will pay referral fees on Business Mailing products after
the customer has re-entered our site through the use of a
cookie placed on the end user computer. If, through no fault
of ours, the cookie is removed or not allowed by the end
user, that customer's purchase may be tracked only if customer
enters our site directly through a link from your site. The
cookie may expire at the end of 180 days or a time period
determined solely by Business Mailing, or if another affiliate
refers the customer to our site before ordering, but after
a previous referral.
(10) Relationships
and Responsibilities : You will be solely
responsible for the development, operation, and maintenance
of your site and for all materials that appear on your site.
For example, you will be solely responsible for:
- The technical operation of your site and all related
equipment.
- The accuracy and appropriateness of materials posted
on your site (including, among other things, all product-related
materials).
- Ensuring that materials posted on your site do not violate
or infringe upon the rights of any third party (including,
for example, copyrights, trademarks, privacy, or other
personal or proprietary rights).
- Ensuring that materials posted on your site are not libelous
or otherwise illegal.
We disclaim all liability for these matters. Further, you
will indemnify and hold us harmless from all claims, damages,
and expenses (including, without limitation, attorneys' fees)
relating to the development, operation, maintenance, and
contents of your site.
(11) Relationship
of Parties : Business Mailing and your
company are independent contractors, and nothing in this
Agreement will create any partnership, joint venture, agency,
franchise, sales representative, or employment relationship
between the parties. You will have no authority to make or
accept any offers or representations on our behalf. You will
not make any statement, whether on your site or otherwise,
that reasonably would contradict anything in this agreement.
(By clicking the button above, you are agreeing to
the entire agreement. Please make sure you read the specifics
of this agreement before clicking on the link above)
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