This Agreement contains the complete
terms and conditions that apply to an individual's or entity's participation
in the Bindal FX Affiliate Program
This confirms the terms and conditions of our agreement for you
to be an affiliate ("Affiliate") of the Bindal FX affiliate
program ("program") for marketing the products/services
of Bindal FX ("Products/Services") over the Internet in
return for a commission ("Agreement"), from sales generated
over the website.
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- Enrolment in the Program
To begin the enrolment process, you will submit a complete
application via our site. We will evaluate your application
in good faith and will notify you of your acceptance or rejection.
We may reject your application if we determine (at our sole
discretion) that your site is unsuitable for the Program.
- Unsuitable sites include those that
Promote sexually explicit materials
Promote violence
Promote discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age
Promote illegal activities
Otherwise violate intellectual property rights
Abuse our terms and conditions
- Links on Your Site
Once you have been notified that your site has been accepted
into the Program, you must provide on your site links to our
site. We will provide you with guidelines and graphical artwork
to use in linking to our sites which you will display prominently
on your site and as many times elsewhere on your web pages to
attract visitors. You will only earn referral fees with respect
to activity on our site occurring directly through such special
links.
- Misrepresent
You must not misrepresent the relationship between you and
us nor create the impression that Affiliate website is us or
part of us.
- Referral Fee (Commissions)
You will earn referral fees based on qualifying revenues
established by us. "qualifying revenues" are revenues
derived by us from our sales of qualifying accounts, excluding
costs for service charges, credit card processing fees, and
bad debt. The current referral fee percentage is 20% of Qualifying
Revenues from account sales referred by you. Qualifying period
is 90 days of initial registration taking place from a member
of the site.
- Referral Fee Payment
We will pay you referral fees on a Quarterly basis. Approximately
30 days following the end of each quarter,. However, if the
referral fees payable to you for any calendar month are less
than £100.00, we will defer those referral fees until
the total amount due is at least £100.00. Your commission
will be paid via Paypal, so you will need to have a Paypal account.
- Policies and Pricing
We may change our policies and operating procedures at any
time. For example, we will determine the prices to be charged
for accounts sold under this Program in accordance with our
own pricing policies. Account prices and availability may vary
from time to time.
- Identifying Yourself as an Affiliate
We grant you a non-exclusive, non-transferable, royalty-free,
revocable right to use the images and text described above solely
to identify yourself as an Affiliate Website to the program
and to assist in generating product/service sales. You may not
alter or modify any of the images or text in any way. We reserve
all of our rights in the images, trade names, trademarks and
all other intellectual property rights. This licence may be
revoked at any time by giving you prior written notice or on
termination of this Agreement for any reason whatsoever.
- Responsibility for Your Site
You will be solely responsible for the development, operation,
and maintenance of the Affiliate Website (including all related
equipment) and for all materials appearing on it including the
links. You will also be solely responsible for ensuring that
materials posted on it do not violate or infringe upon the rights
of any third party, (including, for example, copyrights, trademarks,
privacy, or other personal or proprietary rights) and are not
libellous or otherwise illegal. We hereby disclaim all liability
for these matters and you agree to indemnify and hold us harmless
from any and all claims, damages, and expenses, relating to
the above.
- Term of the Agreement
The term of this Agreement shall be for a period of one
year from the date this Agreement is accepted and signed by
us ("Initial Term"). The Initial Term will be renewed
automatically for successive periods of one year ("Renewal
Term") unless this Agreement is terminated. This Agreement
may only be terminated with or without cause by either party
giving 30 days written notice to the other party by email. Notice
will be sent to the email address in the application unless
the parties give notice otherwise. Upon termination of this
Agreement for any reason, you will cease to use our logos, images
or text (including the Links) and terminate your link to the
Website. Commission will only be payable on sales confirmed
prior to the date of notice of termination which are consumed.
Any final payment may be withheld for a reasonable time to ensure
compliance with the terms and conditions of this Agreement.
- Modification
We may modify any of the terms and conditions of this Agreement
at any time and in our sole discretion by posting a notice of
change and the Agreement as modified on the Website. We will
also make commercially reasonable efforts to notify you of such
changes prior to implementation. If any modification is unacceptable
to you, you agree that your only recourse is to terminate this
Agreement. Your continued participation in the programme following
our posting of a notice of change and modified Agreement on
the Website will constitute binding acceptance by you of the
change.
- 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. You will not make
any statement, whether on your site or otherwise, that reasonably
would contradict anything in this Section.
- 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, even if we have
been advised of the possibility of such damages. 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.
- Disclaimers
We make no express or implied warranties or representations
with respect to the Program or any products sold through the
Program (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.
- Acknowledgement
You acknowledge that you have read this agreement and agree
to all its terms and conditions. You also understand that we
may at any time (directly or indirectly) solicit customer referrals
on terms that may differ from those contained in this agreement.
You have independently evaluated the desirability of participating
in the program and are not relying on an representation, guarantee
or statement other than set forth in this agreement.
This Agreement will be governed by and construed in accordance
with English law and both parties agree to submit to the exclusive
jurisdiction of the English courts as regards any claim or
matter relating to this Agreement regardless of conflict of
law and any other mandatory legal provisions.
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