Affiliate Agreement
Bridal-Jewelley.co.uk AFFILIATE AGREEMENT
Terms and Agreement
This Agreement contains the complete terms and conditions that apply
to an individual's and/or entity's participation in the Bridal-Jewellery.co.uk
Affiliate Program (hereafter known as the "Program").
As used in this Agreement, "we" refers to Bridal-Jewellery.co.uk and
"you" refers to the applicant. "Site" refers
to a World Wide Web site and, depending on the context, refers either
to Bridal-Jewellery.co.uks site ("our site" or to the site that you will
link to Bridal-Jewellery.co.uk ("your site").
Enrolment in the Program
You agree that all information in your application is true and accurate
and understand and accept that any false information will result
in the termination of your application. Applications are to be considered
accepted and approved by us upon remittance by you. You will receive
notification to confirm the approval or disapproval of your application.
If your application is terminated for this or any other reason after
it has been accepted, you automatically and immediately forfeit
all commissions earned that have yet to be paid to you from the
time of termination or decline. This is so because the commissions
will have been earned under false pretences and are, therefore,
invalid.
Linking To Our Site
You must use the link provided to you by Bridal-Jewellery.co.uk no substitutions
or alterations are permitted. You are responsible for ensuring that
the link is correct and error free. Any errors resulting in the
"loss" of potential commissions are your sole responsibility
and you will not be compensated for them by Bridal-Jewellery.co.uk in any form.
Unsolicited Email
It is against your affiliate agreement to advertise the "Bridal-Jewellery.co.uk" URL via unsolicited email. Some people may think that
your "spam" email originates from us, damaging our reputation
and causing us administrative problems. DO NOT send unsolicited
email to promote Bridal-Jewellery.co.uk or you will be in violation of your affiliate's
operating agreement and your account will be terminated, forfeiting
all outstanding referral fees.
Order Processing
We will process product orders placed by customers who follow program
specified direct links from your site to our site. We reserve the
right to reject orders that do not comply with any requirements
that we may establish periodically. These requirements will be made
known to you as they are established and full compliance is expected
and required. We will be responsible for all aspects of order processing
and fulfilment. Among other things, we will prepare order forms,
process payments, cancellations, and refunds, and handle customer
service. We will track sales made to customers who purchase products
using special links from your site to our site and will send you
periodic reports summarizing this sales activity. The form, content,
and frequency of the reports may vary from time to time at our discretion.
To ensure accurate tracking, reporting, and fee accrual, you must
ensure that the special links between your site and our site are
properly formatted.
Commissions
We will pay you referral fees (commission) on product sales to third
parties. For a product sale to generate a referral fee, the customer
must follow a special link (in the format specified by Bridal-Jewellery.co.uk)
from your site to our site, purchase the product using our automated
ordering system, and remit full payment to us. The Program is intended
for commercial use only, but you may purchase products through the
Program for your own use. Postage and Packaing costs are not included
as part of the commission. Products that are entitled to earn referral
fees under the rules set forth above are hereinafter referred to
as "Qualifying Products." Although Bridal-Jewellery.co.uk
does, and may at any time, sell products for other companies and
suppliers, you may not in any way earn a commission for these; only
products stocked or on our displayed website by Bridal-Jewellery.co.uk
are eligible for the Program.
Commission Schedule
You will earn referral fees based on the number of items of Qualifying
Products (as defined above), according to fee schedules to be established
by us. Any discount issued to a customer for any reason (as determined
and issued solely by us) will be deducted from the commission due
and will, therefore be reflected in your referral fees.
Commission Payment
We will pay you referral fees on a quarterly basis insofar as the
fees meet our minimum payment criteria. Approximately 30 days following
the end of each quarter, we will send you a cheque for the referral
fees earned on products that were sold during the previous quarter,
not including any chargebacks made by the customers prior to the
end of the period. If a product that generated a referral fee is
returned by the customer after payment has been made to you, we
will deduct the corresponding fee from your next payment. If there
is no subsequent payment, we will send you a bill for the fee. You
are solely responsible for the payment of any taxes acquired on
fees that are paid to you.
Policies and Pricing
Customers who purchase products through this Program will be deemed
to be customers of Bridal-Jewellery.co.uk Accordingly, all Bridal-Jewellery.co.uk rules, policies,
and operating procedures concerning customer orders, customer service,
and product sales will apply to those customers. We may change our
policies and operating procedures at any time. For example, we will
determine the prices to be charged for products sold under this
Program in accordance with our own pricing policies. Product prices
and availability may vary from time to time.
Limited License
We grant you a non-exclusive, fully revocable right to use the Bridal-Jewellery.co.uk name and product name as we (at out discretion) grant express
permission, solely for the purpose of identifying your site as a
Program participant and to assist in generating product sales. You
may not modify the link, the product description, or any of our
images in any way. We reserve all of our rights to the link, the
product description, any other images, our trade names and trademarks,
and all other intellectual property rights. You agree to follow
our Trademark Guidelines, as those may change from time to time.
We may revoke your license at any time by way of an email generated
notice.
Responsibility for Your Site
You will be solely responsible for the development, operation, and
maintenance of your site and for all materials that appear on your
site. You will be specifically and solely responsible for, but not
limited to, the following:
The technical operation of your site and all related equipment, creating and posting of a product description on your site and linking that description to our site, the accuracy and appropriateness of descriptions posted on your site (including, but not limited to, all product-related materials), ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, but not limited to, copyrights, trademarks, privacy rights, or other personal or proprietary rights), and ensuring that materials posted on your site are not libellous or otherwise illegal.
We disclaim all liability for these matters. Further, you will indemnity and hold us harmless from all claims, damages, and expenses (including, but not limited to, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
Period of Agreement
The terms of this agreement will begin upon our acceptance of your
Program 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
generated by email. You are only eligible to earn referral fees
on sales of Qualifying Products occurring during the term, and fees
earned through the date of termination will remain payable only
if the related orders are not cancelled or returned. We may withhold
your final payment for a reasonable time (as determined by us) to
ensure that the correct amount is paid.
Modification Of Agreement
We may modify any of the terms and conditions contained in this
Agreement, at any time and at our sole discretion, by posting a
notice of change(s) or a new agreement on our site. IF YOU FIND
ANY PORTION OF THIS AGREEMENT TO BE UNACCEPTABLE TO YOU AT ANY TIME,
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 BE CONSIDERED TO BE BINDING ACCEPTANCE
OF THE CHANGE. YOU WILL BE EXPECTED AND REQUIRED TO ABIDE BY ALL
TERMS AND CONDITIONS AS THEY ARE WRITTEN AND APPEAR AT THAT TIME.
Relationship Of Parties
You and we 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 as we will have no authority to make or accept any
offers or representations on your behalf. You will not make any
statement, whether on your site or otherwise, that would be contradictory
to anything in this section in any way, shape or form.
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. This will remain true regardless
of if we have been advised of the possibility of such damages. If
you feel any damages may occur as a result of this agreement of
the Program, it is your responsibility to either terminate the agreement
or not enter into it. 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 this agreement in accordance
with the terms and conditions previously outlined for payment of
referral fees.
Disclaimers
We make no express or implied warranties or representations with
respect to the Program or any product sold through the Program (including,
but not limited to, warranties of fitness, merchantability, non-infringement,
or any implied warranties arising out of a course of performance,
dealing, or license 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 in any way shape or form. We will make every effort to
inform you in advance of any known and planned interruptions of
our site operations. However, these cannot and will not be guaranteed
by us; they will be issued as a courtesy to you to allow you to
take the appropriate steps to avoid any problems. Sales that were
attempted but failed during periods of interruption (announced or
otherwise) will not be compensated for by us.
Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL
TERMS AND CONDITIONS CONTAINED HEREIN. 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 AND/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 TO BASE YOUR
DECISION TO PARTICIPATE ON. THE SUBMITTAL OF YOUR APPLICATION TO
US SIGINIFIES THAT YOU HAVE READ AND AGREE TO THIS AGREEMENT AND
ARE BOUND TO ALL TERMS AND CONDITIONS CONTAINED WITHIN IT FROM THAT
POINT TO THE POINT OF TERMINATION BY EITHER PARTY.
Commission / Fees
6% per unit sold and not returned.
Minimum Payment Criteria
Payments will only be made at the quarter end calculation when the
sum due is equal to or in excess of £20.
Currencies
All payments will be made in Pounds Sterling.
Payments
All payments will be made by company cheque.
