|
|
|||||||||||||||||
|
|||||||||||||||||
 |
|
Home Page: Terms of Use Pay4sales.com - Affiliate Network for Essay Resellers
Service Agreement
Please read this agreement carefully before registering and using the Service.
Definitions
Applicant A person who has applied, through pay4sales.com, to become an Affiliate in the Affiliate Network for Essay Resellers
Pay4Sales.com Pay4sales.com whose registered address is: Peak House, Works Road, Letchworth Garden City, Hertfordshire SG6 1GF
Affiliate An Applicant who has been successful in their application to use the affiliate software provided by Pay4sales.com
Service The Affiliate Network for Essay Resellers service provided by Pay4Sales.com including the website of Pay4sales.com and all related software provided by Pay4sales.com
Merchants Any website or company that uses the Affiliate Network for Essay Resellers accessible to Affiliates through Pay4sales.com’s website, whether owned by the same group as Pay4Sales.com or not
Advertising Media All links, banners, code, advertisements and other such media provided by Pay4sales.com through its website to its Affiliates for use by the Affiliate to promote Pay4sales.com’s Merchants
Affiliate Publication Any publication that the Affiliate may choose to use for the promotion of Pay4Sales.com’s Merchants, including but not limited to websites, web pages, blogs, (solicited) email and opt-in newsletters
2nd Tier Affiliate A person who has been introduced to the Service by another Affiliate
1. Introduction 1.1. This Agreement is made between: 1.1.1. Pay4sales.com; and 1.1.2. you, the Applicant 1.2. If your application to Pay4Sales.com is successful, you will be known as an Affiliate and referred to in this Agreement as ‘the Affiliate’ 1.3. If your application to Pay4Sales.com is unsuccessful then you will have no further obligations under this Agreement towards Pay4Sales.com, and similarly Pay4Sales.com will have no further obligations towards you 1.4. Pay4sales.com may decide in its absolute discretion whether any Applicant will be authorised to become an Affiliate and no liability shall be incurred in relation to this decision 1.5. Pay4Sales.com will not charge a fee for considering whether or not to accept an Applicant as an Affiliate 2. The Applicant confirms that they are at least 18 years of age and have provided Pay4sales.com with accurate, complete and non-misleading information in respect of their identity and application 3. The Applicant confirms that they have selected a user name that does not relate to another person, impersonate that person or deceive other users as the Applicant’s true identity. 4. The Applicant acknowledges that Pay4sales.com may act upon any information or instructions that Pay4sales.com reasonably believes comes from the Applicant and that Pay4sales.com in doing so shall not be liable to the Applicant 5. Affiliate Obligations 5.1. If the Applicant is successful in their application to become an Affiliate, their obligations include: 5.1.1. To read all documentation and guidance provided to them, either by email or the website, relating to the Service and to understand its features and rules 5.1.2. To keep secure their password allowing access to the Pay4sales.com website 5.1.3. To notify Pay4sales.com if they believe that any unauthorised use of their password has taken place or if they suspect or are aware of any other actual or possible abuses of the Service 5.1.4. At all times respect the intellectual property and other rights of Pay4Sales.com and its Merchants 5.1.5. Not to alter the code or make any other changes to any Advertising Media provided on the Pay4Sales.com website 5.1.6. Not to make any changes to any Advertising Media provided on the Pay4Sales.com website that might affect the intellectual property rights of Pay4Sales.com and its Merchants 5.1.7. Not to provide, promote, distribute, place or otherwise publish any Advertising Media provided by Pay4Sales.com in an Affiliate Publication where the content of that Affiliate Publication is libellous, defamatory, obscene, pornographic, abusive, or otherwise objectionable, fraudulent or in violation of any law 5.1.8. Not to use Advertising Media on an Affiliate Publication where that publication promotes or condones violence, bigotry or hatred, or promotes any illegal activity including but not limited to warez, cracking, rom or emulator sites or hacking 5.2. The Applicant understands and acknowledges that since Pay4Sales.com may not review all Affiliate Websites, it is the Applicant that is solely responsible for the content of these. 5.3. The Applicant is not permitted to use unsolicited email, email lists, and newsletters or newsgroups which are not ‘opt-in’ 5.4. The Applicant must place any Advertising Media in such a way that it does not mislead any visitor or reader, and such Advertising Media must be placed with the intention of delivering valid clicks to the related Merchant 6. Commission and Payment 6.1. All commission is paid on the final value of the sale (after any discounts have been applied) 6.2. Pay4sales.com offers 15% commission on approved sales made when the user clicks on the Affiliate’s Advertising Media 6.3. Where the user retains a cookie in their browser, Pay4Sales.com will also pay 15% of the value of any purchases made by that user within one calendar month of them clicking on the Affiliate’s Advertising Media 6.4. Pay4sales.com offers 10% commission for 2nd Tier Affiliates 6.5. 2nd Tier Commission is paid for lifetime, or until user closes his/her account. 6.6. Affilates will be paid on request when the earnings amount exceeds £100. 6.7. Time shall not be of the essence regarding these payments and the Affiliate shall not be entitled to receive any interest that accrues on these sums whilst deposited with Pay4Sales.com 6.8. If such payments are not banked by the Affiliate within six months then Pay4sales.com will be entitled to retain such monies 6.9. Commission shall not be paid to an Affiliate if in any particular month if the balance of their account is less than £100. In such an event, the sum shall be included into the first month’s payment that aggregates the above thresholds 6.10. Affiliates will be paid by any reasonable means denoted from time to time of the Service website. 7. Affiliates may at any time place and remove whatever Advertising Media on their site as they so elect, subject to the restrictions contained in Clause 5 above 8. Pay4Sales.com 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. 9. In case of a change, Pay4Sales.com will notify Affiliates via e-mail, newsletter or the Pay4Sales.com website of such changes, and on such notice, Affiliates may either agree to such changes or withdraw from the Service 10. Pay4Sales.com reserves the right to terminate this Agreement at any time and will incur no liability for doing so 11. If in the event that Pay4Sales.com terminates the Agreement due to a breach by the Affiliate of any part of this Agreement, Pay4Sales.com reserves the right to withhold any money earned (or not banked) by the Affiliate from use of the Service prior to termination 12. The Service, its use and the results of such use are provided "as is" to the fullest extent permissible pursuant to applicable law, Pay4Sales.com 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 13. Without limiting the foregoing, Pay4Sales.com specifically disclaims any warranty 13.1. that the Service will be uninterrupted or error-free, 13.2. that defects will be corrected, 13.3. that there are no viruses or other harmful components, 13.4. that the security methods employed will be sufficient, or 13.5. regarding correctness, accuracy, or reliability. 14. Pay4Sales.com not be liable for 14.1. any indirect, special, incidental or consequential loss of any character arising out of the use of or inability to use the Service or any information provided on the Pay4Sales.com website or any other hyper linked website, including, without limitation, damages for loss of goodwill, any lost profits, business interruption, loss of programs or other data on any Affiliate’s information handling system or otherwise, even if Pay4Sales.com has been advised of the possibility of such damages, or 14.2. any claim attributable to errors, comissions or other inaccuracies in the website or any hyper linked website 14.3. No warranty can be made as to the performance of the Merchants or the number of Visitors any Affiliate’s site may receive 14.4. Nothing in this clause 8 excludes liability for fraudulent misrepresentation or death or personal injury caused by Pay4Sales.com’s negligence 14.5. The Applicant or Affiliate will indemnify, defend, and hold harmless Pay4Sales.com and its officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable solicitor's fees) directly or indirectly arising from or relating to any matter related to this Agreement or the subject matter hereof and any dispute relating thereto 14.6. Pay4Sales.com makes no representations whatsoever about any other website which may be accessed through the Service. 14.7. If Pay4Sales.com provides any Advertising Media that links to Merchants who are not within the same group as Pay4Sales.com, Pay4Sales.com neither endorses nor accepts any responsibility for the content or the use of such Website. 15. The Affiliate confirms that the following information may be posted on the Service Website: 15.1. The Affiliate’s identity as one of the entities that has subscribed to the Service; 15.2. Any information (other than information expressly marked as being confidential) that is submitted by the Affiliate to Pay4Sales.com 16. The Affiliate confirms that in order to enable Pay4Sales.com to improve and/or in order to promote or market the Service Pay4Sales.com may produce statistics or summaries relating to the use of the Service. None of this information shall identify the Affiliate. 17. Pay4Sales.com may contact the Affiliate by email, telephone or post for feedback regarding the Service including any ways in which it might be improved 18. Pay4Sales.com confirms to the Affiliate that it will take all reasonable measures to keep all information submitted by the Affiliate confidential SAVE THAT it is agreed by the Affiliate that Pay4Sales.com may use the information disclosed by the Affiliate for any purposes that have been specified in this Agreement. The confidentiality obligations in this clause shall not apply to any information specified below: 18.1. Any information which comes into the recipient party’s possession (from someone other than the party disclosing the information in question) with no obligation of confidentiality attached; 18.2. Any information which is disclosed with the prior approval of the disclosing party; 18.3. Information which is either in the public domain or comes into the public domain through no act or omission of the party receiving the confidential information 19. The Affiliate shall keep all information disclosed to the Affiliate by Pay4Sales.com relating to Pay4Sales.com’s business or affairs or the business or affairs of any Merchant or any potential Merchant strictly confidential 20. This Agreement may be terminated by either party at any time if five days written notice is given 21. Either party may terminate immediately if the other is in breach of its obligations 22. The termination of this Agreement shall not limit the enforceability of any of the rights or obligations of the parties that accrued before the termination date 23. Upon the termination of the Agreement the Affiliate shall immediately remove all the Links from its sites and (for the avoidance of doubt) the Affiliate shall not be entitled to receive any Commission made on sales after the termination date 24. The Affiliate shall acquire no rights following the termination of this Agreement to use any Advertising Media provided by Pay4Sales.com 25. General 25.1. This Agreement is personal to the Affiliate 25.2. All notices proceedings or other formal documents to be served by either party on the other shall be delivered 25.2.1. by hand to the other’s address as set out at the head of this Agreement (or as subsequently notified in writing); 25.2.2. by recorded delivery and all notices shall be deemed to be received upon delivery 25.2.3. This Agreement sets out the entire agreement and understanding between the parties and no other representation or statement (excluding those which are fraudulent) and irrespective of whether such is in writing shall form a term of this Agreement 25.2.4. 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. 25.2.5. This Agreement is governed and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts 25.2.6. No third party shall acquire rights pursuant to the Law of Contracts (Rights of Third Parties) Act 1999 25.2.7. If any provision in this Agreement is held to be illegal, invalid or unenforceable, such provision shall be fully severable, and this greement shall be construed and enforced as if such illegal, invalid or nenforceable provision had never been a part of this Agreement. The remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement. |
|
Copyright © 2007 Pay4sales.com - Affiliate Network for Essay Resellers. All rights reserved. |