Avonmere Affiliate Terms & Conditions
This Affiliate Service
Agreement (the "Agreement") is made by and between Avonmere Commercial, a Copybook Solutions wholly owned
subsidiary and you, as an Affiliate user of the Avonmere
Commercial service ("You", "Your", "Affiliate").
To be an authorised Affiliate
of Avonmere Commercial, You agree to abide by the
terms and conditions contained in this Agreement. Please read this Agreement
carefully before registering and using the Avonmere
Commercial Service as an Affiliate. By signing up for Avonmere
Commercial, you indicate Your acceptance of this
Agreement and its terms and conditions. If You do not
accept this Agreement, do not use the Avonmere
Commercial Service as an Affiliate.
PRIVACY POLICY
Avonmere Commercial respects the privacy of its users and promises not to
disclose personal or business information to third parties without the express
permission of You and Your company. We will not sell Your name, e-mail address, phone number, or any other
personal information to anyone else. We consider this information to be
private, and it will remain as such. If You have any
questions about Your privacy rights, contact us at afields@avonmere.com
The following agreement is
summarized as follows:
ALLOWED: You may advertise
our site through your own pay-per-click campaign.
· You place our banners
anywhere on your site as you see fit, or within non-spam emails.
· We may email you
concerning new offers
· We might change the
service here and then
· Adult, Hate, or other
related sites are not allowed
· You will be paid your
commissions, at such time as your account balance is £50 or more.
· All statistics are
collected and calculated by Avonmere Commercial, and
will be the only valid stats used for determining commissions.
· Any page that contains Avonmere Commercial links, banners, or code must be written
in English.
· As an affiliate, you can
only have 1 account. You can list multiple domains in one account, but only one
account is allowed. Self-referrals for affiliate or merchant accounts are
strictly prohibited.
· International affiliates
(those with addresses outside of the United Kingdom) are paid via Bank Transfer
where possible.
· Your physical address
listed for receiving cheques MUST be your actual address. Mail
forwarding services, for the purpose of avoiding network demographics, is
NOT allowed. For example, if you choose USA as your country, you must be in the
USA. If you choose Russia as a country, you must be in Russia.
· You won't hold us liable
for anything, a link to a non-Avonmere Commercial Web
site does not mean that Avonmere Commercial endorses
or accepts any responsibility for the content or the use of such Web site.
· You cannot SPAM. We will
terminate your account on the first offence of SPAMMING. Do not send email to
lists or groups that you do not have permission to send to. We cannot stress
this enough, we WILL terminate your account on the first offence.
· You may place banners or
links within your newsletters, in content of your website, or within other web
related content.
· Affiliate accounts that
are left inactive will be removed from our system. An abandoned affiliate
account is defined as any account that has not been
logged in to for a period of 6 months, nor have any transactions been posted to
that account. If one or the other of those conditions are
true - the account will remain in an active state.
· NOT ALLOWED: All other
uses of banners or links, such as newsgroups, chat rooms, ICQ, message boards,
banner networks, hit farms, counters, or guest books etc. are NOT allowed.
· NOT ALLOWED: Any display
of a merchant window that isn't the result of a direct click by the end-user.
· Failure to abide by these
rules could mean termination from a given merchant program,
or from Avonmere Commercial completely with a
complete forfeit of commissions.
· Fraud is a serious offense, and will be treated as such. Fraud is defined as
any action that intentionally attempts to create sales, leads, or click-throughs using robots, frames, iframes,
scripts, or manually "refreshing" of pages, for the sole purpose of
creating commissions. ANY ATTEMPTED FRAUD OR FRAUD WILL RESULT IN MEMBERSHIP
TERMINATION AND VOIDED COMMISSIONS.
DEFINITIONS
"Performance
Marketing" occurs when e-businesses ("Merchants") and individual
web sites that generate their own traffic
("Affiliates") partner to drive traffic to the Merchant's Web site
and the Merchant pays a reward or bounty when the Visitor referral results in a
sale, lead, click, or other measurable action.
"Affiliate" means
a site that is rewarded for a legitimate sale, lead, click, or other measurable
action by a Visitor, and uses the Avonmere Commercial
Service to facilitate applications, tracking, reporting, and receipt of
commission payment.
"Merchant" means
a Web site that pays a reward for a legitimate sale, lead, click, or other
measurable action by a Visitor, and uses the Avonmere
Commercial Service to facilitate sign-ups, tracking, reporting, and issuance of
commission payment.
"Visitor" means
any person, or user that clicks on a Link to a Merchant's Web site placed on an
Affiliate's Web site.
"sale
commission" means the Payout the Merchant agrees to pay for Visitors
referred to the Merchant's Web site that results in a sale of a product or
service. The sale could occur at the time of the visit or at a later time not
to exceed 30 days. If a sale occurs after 30 days and the Visitor has not
returned through an authorised Affiliate's site, then no Payout shall occur.
"Payout" means
the amount sale commission, lead commission, or click commission established and
agreed upon by Avonmere Commercial and the Merchant.
The Payout may be expressed as a set amount or as a percent of sales.
"Commission"
means the amount sale commission, lead commission, or click commission
established and agreed upon by Avonmere Commercial
and the Merchant. The Commission may be expressed as a set amount or as a
percent of sales.
"Link" means a
hyperlink placed on an Affiliate's site that, when clicked on, serves a
Merchant's Web site to the Visitor's browser. The Link may be in the form of
text, a product image, a button, a banner or any other format acceptable to the
Merchant, and defined only through the Merchant's program on Avonmere Commercial.
"VOID" means a
reversal of a Payout previously earned for a sale, lead, or click that is later
rescinded or corrected by the Merchant. Merchant's may
VOID transactions that are fraudulent, or in the case of returned merchandise,
duplicate transactions, or other valid reasons.
"Your Account"
means a separate, specific account within the Service that is credited with
Your Commissions and other earnings.
LINK PLACEMENT
As an Affiliate of our
Service, you may place and remove Links on Your site and in Your
email messages at Your discretion.
AFFILIATE PAYMENT
Payments are made
automatically on the first day of each month when your account balance reaches
£50 or more for the previous months' transactions. Money credited to Your
Account does not accrue interest. In the event of a VOID by a customer, Avonmere Commercial may recover from you the corresponding
Commission previously credited to Your Account. The VOID Commission will be
immediately deducted from Your Account balance. In the event that Your Account
balance is less than the VOID Commission, the VOID Commission will be deducted
against your future earnings. You will NEVER be asked to send money to Avonmere Commercial.
SERVICE AND SUPPORT
Avonmere Commercial will provide support for the Service as indicated on
the Avonmere Commercial Web site.
EMAIL CONTACT
Avonmere Commercial reserves the right to send e-mail to You for the purposes of informing you of applicable changes
or additions to the Service or any Avonmere
Commercial related products and services.
CHANGES TO THE SERVICE
Avonmere Commercial reserves the right to change, modify, add or remove
portions of this Agreement at any time and may add to, change, suspend or
discontinue any aspect of the Service at any time. In the event of any material
change, Avonmere Commercial will notify You via e-mail, newsletter or the Avonmere
Commercial Web site at least 7 days prior to any such changes taking effect, at
which time You may either agree to such changes or withdraw from the Service.
REGISTRATION
To sign up as an Affiliate
of Avonmere Commercial and to use the Service as an
Affiliate Partner you must be at least 18 (eighteen) years of age.
THE FOLLOWING TYPES OF
SITES ARE NOT ALLOWED TO PARTICIPATE IN Avonmere
Commercial: ADULT SITES, SITES THAT DISPLAY ADULT BANNERS, SITES
THAT PROMOTE VIOLENCE, BIGOTRY, OR HATRED. SITES THAT PROMOTE ILLEGAL ACTIVITY,
including but not limited to WAREZ, CRACKING, and HACKING SITES. As part of the
registration process, You will select a username and
password combination that You use to access Your Affiliate area within the
Service. You shall provide Avonmere Commercial with
accurate, complete and updated registration information. You may not select the
name of another person with the intent to impersonate that person or deceive
members or other users as to Your true identity. You
agree that Avonmere Commercial may rely on any data,
notice, instruction or request furnished to Avonmere
Commercial by You which is reasonably believed by Avonmere Commercial to be genuine and to have been sent or
presented by a person reasonably believed by Avonmere
Commercial to be authorized to act on Your behalf. You shall notify Avonmere Commercial by e-mail at afields@avonmere.com of
any known or suspected unauthorized uses of Your Account, or any known or
suspected breach of security, including loss, theft or unauthorized disclosure
of Your username and password. You shall be
responsible for maintaining the confidentiality of Your
username and password and You are responsible for all usage and activity on
Your Account, including use of the account by a third party authorized by You
to use Your Account. Any fraudulent, abusive or otherwise illegal activity may
be grounds for termination by Avonmere Commercial and
referral to the appropriate law enforcement agencies.
ACCEPTED USE
You may advertise our site
through your own pay-per-click campaign. You represent to Avonmere
Commercial that all content You provide to the Service is solely owned by You
or provided by You with the express authority of the company You represent,
does not infringe upon any other individual's or organization's rights
(including, without limitation, intellectual property rights) and is not
defamatory, libellous, unlawful or otherwise objectionable. You shall not
provide, promote, distribute, place or otherwise publish as an Affiliate of the
Service any content, or Web site that includes content, which is libellous,
defamatory, obscene, pornographic, abusive, fraudulent
or violates any law. As Avonmere Commercial may not
review all information provided by You, You shall remain solely responsible for
Your content and Web site. As an Affiliate, You may
not artificially inflate traffic counts to Merchant site(s) using any device,
program, robot or other means, including but not limited to JavaScript pop-up
windows and redirects. You may not click on your own banners and/or links or
submit multiple leads to Your Merchant partners.
Links may not be placed in
newsgroups, unsolicited e-mail, ICQ, banner networks, counters, chat-rooms or
guest-books. Any Link placed must be done in such a way that it is not misleading
to any Visitor and done with the intention of delivering valid sales, leads, or
clicks to the related Merchant for that Link.
Points or reward programs
for click or lead programs are NOT allowed. Avonmere
Commercial RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE
SITE AS A MEMBER OF Avonmere Commercial. If You are terminated from the Service, Avonmere
Commercial has the right to withhold money You earned within the Service or
money that You owe within the Service and You will not be allowed to re-join Avonmere Commercial.
LIMITED WARRANTY
The Service, its operation,
its use and the results of such use shall be performed in a workmanlike manner.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Avonmere Commercial DISCLAIMS ALL WARRANTIES EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE, ITS USE AND
THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, Avonmere
Commercial SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE
ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS
EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR
RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. The Merchant will make reasonable
commercial efforts to keep its transaction service operational during normal
business hours. However, certain technical difficulties may, from time to time,
result in temporary service interruptions. Affiliate understands and
acknowledges that it is normal to have a certain amount of system downtime and
further agrees not to hold the Merchant liable for any of the consequences of
such interruptions. MERCHANT SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS
TO, OR ALTERATION, THEFT OR DESTRUCTION OF ANY WEB SITE OF AFFILIATE OR
AFFILIATE CUSTOMER DATA FILES OR SYSTEMS OR PROGRAMS THROUGH ACCIDENT,
FRAUDULENT MEANS OR DEVICES. MERCHANT SHALL HAVE NO LIABILITY WITH RESPECT TO
MERCHANT OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY,
SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF MERCHANT HAS BEEN NOTIFIED OF
SUCH DAMAGES. ANY LIABILITY OF MERCHANT HEREUNDER SHALL BE LIMITED TO THE
REVENUE EARNED BY MERCHANT AS A DIRECT RESULT OF THIS AGREEMENT.
LIMITATION OF LIABILITY
Avonmere Commercial OR ITS SUPPLIERS OR RESELLERS OR MERCHANTS SHALL NOT
BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR
INABILITY TO USE THE Avonmere Commercial SERVICE OR
ANY INFORMATION PROVIDED ON THE Avonmere Commercial
WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR OTHER DATA, EVEN IF Avonmere Commercial
OR A Avonmere Commercial AUTHORIZED REPRESENTATIVE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY
HYPERLINKED WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU. IN SUCH JURISDICTIONS, Avonmere
Commercial's LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS
PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
You agree that Avonmere Commercial, although the provider of the Service,
has no responsibility or liability as a result of Your placement of authorized
Links from Your Web site, and You, and the Merchant, jointly and severally
agree to indemnify, defend, and hold harmless Avonmere
Commercial and its affiliates, officers, directors, employees and agents from
and against any and all liability, claims, losses, damages, injuries or
expenses (including reasonable attorneys' fees) directly or indirectly arising
from or relating to any offer or any other matter related to this Agreement or
the subject matter hereof and any dispute relating thereto.
Avonmere Commercial agrees to indemnify, defend, and hold harmless
Affiliate and its affiliates, officers, directors, employees and agents from
and against any and all liability, claims, losses, damages, injuries or
expenses (including reasonable attorneys' fees) directly or indirectly arising
from or relating to Avonmere Commercial's negligence
or wilful misconduct in performance of the Services or its breach of this
Agreement.
NON-DISCLOSURE
Avonmere Commercial acknowledges that in the course of this Agreement it
shall have access to confidential and proprietary information
("Confidential Information") of your company. Avonmere
Commercial agrees not to disclose or disseminate the Confidential Information
without Your prior express written consent. The term "Confidential
Information" shall not include information that is or becomes part of the
public domain through no action or omission of Avonmere
Commercial, that becomes available to Avonmere
Commercial from third parties without knowledge by Avonmere
Commercial of any breach of fiduciary duty, or that Avonmere
Commercial had in its possession prior to the date of this Agreement. Avonmere Commercial does not collect information about a
Merchant's customer transactions, other than what is passed to us through the
installed tracking code and displayed on Your own
transaction reports. Any information we receive is used solely for tracking and
Commission payment purposes. Avonmere Commercial
reserves the right to be able to utilize this data in aggregate to analyze
Service trends, monitor Service efficiencies, and perform such other analysis
as Avonmere Commercial deems appropriate.
OWNERSHIP AND LICENSES
You, the Affiliate, are
granted a non-exclusive, limited, revocable right to use Avonmere
Commercial's provided trademarks and banners. All images, technology and
content provided for Your use is and shall remain the sole property of the Avonmere Commercial, and no part thereof shall be deemed
assigned or licensed to You except as explicitly provided for herein. All
intellectual property rights, including trademarks, copyrights, patent rights
or applications, trade names and service marks related to the foregoing shall
remain the Avonmere Commercial's sole property,
including rights in and to any derivatives thereof. You may not modify the
trademarks, banners, the content or any of the images provided to you in any
way.
Avonmere Commercial may immediately terminate your license to use the
marks if the Merchant reasonably believes that such use dilutes, tarnishes or
blurs the value of their marks. You acknowledge that your use of the marks will
not create in you, nor will You represent that You have,
any right, title or interest in or to the marks other than the license granted
by the Merchant above. You will not challenge the validity of or attempt to
register any of the marks or your interest therein as a licensee, nor will you
adopt any derivative or confusingly similar names, brands or marks or create
any combination marks with the marks. You acknowledge the Merchant's ownership
and exclusive right to use the marks and agree that all goodwill arising as a
result of the use of the marks shall inure to the benefit of the Merchant.
REPRESENTATIONS
Avonmere Commercial makes no representations whatsoever about any other
Web site which You may access through the Service. In
addition, a link to a non-Avonmere Commercial Web
site does not mean that Avonmere Commercial endorses
or accepts any responsibility for the content or the use of such Web site.
NONASSIGNABILITY
Affiliate or Avonmere Commercial may assign this Agreement to any
successor or affiliate upon notice to the other party and mutual agreement
between both parties.
FORCE MAJEURE
Neither party shall be
liable hereunder by reason of any failure or delay in the performance of its
obligations hereunder on account of strikes, shortages, riots, insurrection,
fires, flood, storm, explosions, acts of God, war, governmental action, labour
conditions, earthquakes or any other cause which is beyond the reasonable
control of such party.
JURISDICTIONAL ISSUES
This Agreement shall be
governed by the laws, and Law Courts of England. The exclusive forum for any
actions brought in connection with this Agreement shall be in the courts of
England and you consent to such jurisdiction.
MISCELLANEOUS
This Agreement represents
the complete agreement concerning this license and may be amended only by a
writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED
BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH
HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this
Agreement is held to be unenforceable, such provision shall be reformed only to
the extent necessary to make it enforceable.