|
Our Affiliate Program allow you to participate in our business and also increase range of your offered products.
Agreement Terms:
Affiliate – person or company who owns website with link to water4fish.co.uk (Company) registered in Company affiliate program.
Company – Water4Fish-Group of RM Development
1.GENERAL
This Agreement establish the relationship between Affiliate and Company. In becoming an Affiliate, You agree to accede to all of these terms.
The agreement between Affiliate and Company is provided on the following terms and conditions, acceptance of which creates legal obligations. Signing up to this program indicates acceptance of these terms and conditions.
2. BASIS OF THE AGREEMENT.
The Company will provide the Affiliate with links from your website to the Water4Fish site upon the terms of this Agreement. Subject to the terms of this Agreement, the Company will pay Affiliate commission of 3% of net sales. (The Company will not provide commissions from VAT and returns/refunds). This commission rate may be varied by the Company from time to time.
3. LINKS TRACKING.
The Company provide unique tracked links to Affiliate website to enable accurate tracking of commissions. The Company will provide to Affiliate, at the Company’s cost, a small graphic image or text identifying You as an affiliate to enable You to incorporate link. You shall incorporate and maintain links within your website at your own cost.
4. RESPONSIBILITY OF THE COMPANY
The Company is responsible for the quality, content and supply of all customer orders. The Company is responsible, at its cost, for processing all aspects of Customer orders, including receiving, filing, shipping and handling, collecting payment, tracking, insurance and transaction security. All referred customer orders shall be placed directly with the Company and the Company inform the customer in Term and Conditions of Sale that the Company alone is responsible for all aspects of the sale. You are not involved in any part of the transaction between Company and Customer.
5. LICENCES
Subject to the licence granted to You under this agreement, the Company reserves all of its right, title and interest in its copyright, trademark, design and other intellectual property rights of the Company service marks, logos and other distinctive brand features of the Company ("the Marks"). The Company grants to You, during the duration of this Agreement: a non-exclusive, royalty-free, world-wide licence to use, transmit, reproduce and display the Marks, as supplied to Affiliate by the Company, on your Site for the purpose of enabling link; provided, however, that any promotional or other materials containing the Marks will be subject to the Company prior approval. All goodwill arising in the Marks out of any use of any of the Marks by Affiliate will inure solely to the benefit of the Company.
6. COMMISSION PAYMENTS
The Company will create, following the completion of each quarter during the term of this Agreement, a report (the "Sales Report") detailing: the total referred revenue for the proceeding quarter; and the total Commission payable by the Company for that period based on the agreed commission paid on resultant sales. The Company shall pay You the Commission due for each period within 60 days of the end of the period subject to a minimum commission payment of £50. Smaller amounts will be carried forward to the next period until the minimum £50 payment is reached. Payment will be made by Sterling Cheque to the address supplied by Affiliate and it is Affiliate responsibility to ensure that these details are proper.
7. AFFILIATE RESPONSIBILITY FOR AFFILIATE SITE
For the duration of this Agreement, Affiliate agrees that Affiliate site: will comply with all applicable laws and regulations; will not infringe any intellectual property rights of a third party; will not libel, defame, cause injury to, invade the privacy of or otherwise infringe or violate the rights of any person or third party; will not contain any defamatory, pornographic or unlawful content; or will not link directly to any material which is in breach of the provisions of this Agreement. If at any time during the Term any part of Affiliate site is not in accordance with the provisions of this Agreement, then Affiliate shall remove the offending part of the content of Affiliate Site.
8. AMENDMENT OF THIS AGREEMENT
We reserve the right to amend the provisions of this Agreement at any time. It is your responsibility to check whether this Agreement has been updated or change. Affiliate continued use of the Service after any amendments to the provisions of this Agreement shall be deemed to be your binding acceptance of such amendments.
9. WARRANTY AND COMPENSATION.
Each party to this Agreement represents and warrants to the other that it has, and will retain during the Term all right, title and authority to enter into this Agreement, to grant to the other party the rights and licences granted in this Agreement, and to perform all of its obligations under this Agreement. Affiliate shall fully indemnify and keep fully indemnified the Company (and its directors, employees and agents) on demand against any liability, damage, expense, loss, claim or cost suffered by the Company as a result of any breach by Affiliate of obligations under this Agreement.
10. LIMITATION OF LIABILITY
Nothing in this Agreement shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their servants, agents or employees. Neither party shall be liable to the other for any indirect, consequential or special damages arising out of or in connection with this Agreement.
11. MISCELLANEOUS
Either party may terminate this Agreement on seven days notice by e-mail to the other without prejudice to its other rights and remedies. Such notice will be deemed to have been received six days after posting unless the sending party receives a communication that the notice was undeliverable. Any failure by either party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. You may not assign your rights or delegate your duties under this Agreement. Nothing in this Agreement shall be deemed to create a relationship of joint venture, principal-agent or partnership relationship between Affiliate and the Company, and neither party shall hold itself out in its advertising or in any other manner that would indicate or imply any such relationship with the other. This Agreement constitutes the entire agreement between the parties with respect to the subject matter. All prior agreements, understandings, negotiations or representations, whether oral or in writing, relating to the subject matter are superseded and cancelled in their entirety. If any provision of this Agreement is adjudged to be invalid, void, or unenforceable, the parties agree that the remaining provisions hereof will not be affected thereby, that the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the parties, and this Agreement will in any event remain valid and enforceable.
11. GOVERNING LAW AND JURISDICTION
Each arrangement made concerning this Agreement shall be deemed to have been carried out in the United Kingdom. This Agreement shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the courts of England.
|
