AFFILIATE TERMS AND CONDITIONS
This Agreement contains the complete terms and conditions that apply to your participation as a member of the Affiliate Compare program operated by Affiliate Compare (hereinafter, "AFFILIATE COMPARE ," "we" or "us). As used in this Agreement, "you" or "your" means the applicant/participating member.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND AFFILIATE COMPARE.
As the owner/operator of an affiliate website of AFFILIATE COMPARE ("Affiliate Site"), you may use any form of promotion you choose, consistent with the terms of this Agreement. You may use banner advertisements, button links, text links and/or creatives provided to us (the "Links"), however, you CANNOT SPAM. Any activity by you or on your behalf that we determine or reasonably suspect to be the result of an unsolicited e-mail Network will result in your immediate termination from the Affiliate Compare program and your forfeiting of monies otherwise due you hereunder.
Allowable promotional links may contain AFFILIATE COMPARE's trade names, service marks, and/or logos for display on your Affiliate Site. Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access and download such Links and other designated promotional materials for placement on your Affiliate Site for the sole and exclusive purpose of promoting websites within the AFFILIATE COMPARE program.
In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Link or Links.
Affiliate Compare will provide details of campaign payouts within your user area, these are subject to change and are specified individually by the campaign owners. A commission will only be paid if the visitor to your or our site can be tracked by the system from the time of the Link to the time of the sale and your siteID is included within that link. No commission will be paid if the visitor's payment to our site cannot be tracked directly to your site by our system or if full payment for services is not made to the campaign owner by the user.
Commissions due and owing to you will be paid to you, if you are over the £50 threshold, after 60 days.
You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. AFFILIATE COMPARE shall have no responsibility for the development, operation and maintenance of your site and for all materials that appear on your site. You shall also be responsible for ensuring that materials posted on your site do not violate or infringe upon any laws or the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are not libellous or otherwise illegal. You must have express permission to use another party's copyrighted or other proprietary material. AFFILIATE COMPARE will not be responsible if you use another party's copyrighted or other proprietary material in violation of the law. In addition to the foregoing, we will immediately terminate your participation in the program if we believe you have engaged in any of the following:
You will also be solely responsible for conducting your campaign promotions of AFFILIATE COMPARE's clients. In your promotional efforts you agree to adhere to standard Privacy Policies and follow guidelines laid down in the 2003 Anti Spam Act which is in force. Failure to comply and/or violations of internet user's privacy will result in your immediate termination and forfeit of all funds owing.
The term of this Agreement will begin upon our acceptance of your Affiliate Compare 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 notice of termination. Notice by e-mail, to your e-mail address in our records, is considered sufficient notice for us to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any commission payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not cancelled or returned. AFFILIATE COMPARE reserves the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
AFFILIATE COMPARE may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our site of a change notice of a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Compare rules. All such modifications shall take effect immediately after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Compare program, following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change.
You and AFFILIATE COMPARE are independent, 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 Section. You are not an agent of the AFFILIATE COMPARE and AFFILIATE COMPARE expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.
DISCLAIMER OF LIABILITY
LIMITED RIGHT TO USE
EDITING, DELETING AND MODIFICATION:
AFFILIATE COMPARE SERVICE & AVAILABILITY
AFFILIATE COMPARE TRACKING
AFFILIATE COMPARE SALES
COMMISSION AND COOKIES
Any account holder that is found to have re-written url links or included affiliate compare results on any site not listed in the admin panel of Affiliate Compare will have their account set to in-active and their account closed.
AFFILIATE COMPARE make no express or implied warranties or representations with respect to the Affiliate Network or any AFFILIATE COMPARE services or other items sold through the Network (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the
AFFILIATE COMPARE may disclose to you certain information as a result of your participation as part of the program, which information we consider to be confidential (herein referred to as "Confidential Information"). For purpose of this Agreement, the term "Confidential Information" shall include, but not be limited to
You hereby agree to indemnify, defend and hold harmless AFFILIATE COMPARE, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "losses"), insofar as such losses (or actions in respect thereof) arise out of or are based on
Terminated accounts cannot later apply to Affiliate Compare without our express written consent. This Agreement will be governed by the laws of the UK, 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 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. The sole and exclusive venue for any action arising under this Agreement will be the state and federal courts for the UK, and you hereby submit to the jurisdiction and venue of such courts.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND AFFILIATE COMPARE. BY SIGNIN-UP TO THIS AFFILIATE SERVICE YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE SERVICE AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS THEREOF.