Affiliate
Agreement
Please read the agreement document below before registering.
I accept these terms and wish to register.
1) Term of the Agreements: The term of this Agreement will begin upon our acceptance of
your Affiliate 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 written notice of termination. You are only eligible to earn referral fees on
sales occurring during the term.
Cause for terminations include: Use of spam mail to promote the
AuctionPropertyForSale or Government-Auctions services. If spam mail is reported to us, your account
will be terminated.
If we or you terminate your account 'without cause', any and all outstanding
commissions accrued during the agreements term will be paid.
2) Privacy: ITL is
registered with The Data Protection Registrar,
Registration Number X3525077.To
protect your privacy, an affiliate may opt-out of receiving promotional messages
from our company. These may include newsletters and promotional information. You
may unsubscribe from these communications by sending and email to
affiliateoptout@auctionpropertyforsale.co.uk
3) Mediation: Any
queries or discrepancies over commissions due will be dealt with within 7
working days of an email being received by our company. All queries will be
handled by Stephen Forshaw. Queries can be raised via email at
affiliatehelpdesk@auctionpropertyforsale.co.uk
or you may write to:
Mr Stephen Forshaw
ITL, ITL House, School Lane,
Leyland, Lancashire PR25 2TU
4)
Reporting:
All Affiliates
will be able to access sales through their affiliate administration panel.
Access details will be supplied upon acceptance of your application.
Statistics are available subject to server performance in real time
providing banner impressions, clickthru's, sales, commissions due and
conversion rates. Historical data on a monthly basis of past performance is
also available.* Please note that the commission figures are displayed as
a dollar amount, but actually represents the commission earned in GBP
Sterling.
4)
International Affiliates: International
affiliates are welcome to join the program. All payments made will be in
pounds sterling on a monthly basis. International affiliates who would
prefer a higher minimum cheque payment to reduce their bank costs are
welcome to discuss reviewed limits by contacting affiliatehelpdesk
5) Commission Payments:
We
will pay commission (Inclusive of VAT)
after full payment of any sales contract or order.
Payments will be made every 30 days sent in the form of a cheque payable in
sterling to the 'Payee' as described in the affiliate application form. You
are held responsible for your own tax liabilities in relation to this
payment. Any visitor who becomes a client as a direct result of your
referral will also be tagged in our client database with your affiliate
code. Commissions against sales that are rejected upon credit card
authorisation or otherwise refunded or charged back will be deducted from
your following commission payment.
6) Modification:
We may modify any of the terms and conditions contained in this
Agreement, at any time and in our sole discretion, by posting a change
notice all affiliates who have not opted out of receiving email
notifications will also receive an email notification.
Modifications may include, for example, changes in the scope of available
referral fees, fee schedules, payment procedures and Program rules.
Any changes or modifications made will be in 'good faith', the agreement
will not be altered to purposely avoid paying affiliates due commissions.
Any substantive changes i.e. change of commissions will be made with at
least 14 days notice by email and onsite update of agreement.
Notification of all changes will also be broadcast in an email message to
all affiliates providing you have not opted out of receiving further
communications from us.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, 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
CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
4) 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 to this Agreement.
5) Independent Investigation: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. 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 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.
6) Miscellaneous: This agreement certifies that
the Auction Property For Sale
and Government- Auctions service and product meets the legal requirements of the United Kingdom.
This Agreement will be governed by the laws of the United Kingdom,
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 be 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.
I accept these terms and wish to register.
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