Magnetic therapy partner programme - terms and conditions
This Agreement contains the complete conditions and terms that apply to
an entity or individual's participation in the World of Magnets ltd Reseller
scheme. As used in this Agreement, "World of Magnets ltd/our/we/us/" means
World of Magnets ltd and "you" means the Applicant.
"Site" means a World Wide Web Site and, depending on the context refers to
either www.worldofmagnets.co.uk or to Participant's Site.
I. Affiliate Program Enrolment
To start the enrolment process,
you will be required to submit a completed Program application. We will
accept your application in good faith and will notify you in case of
rejection. We may reject your application if we determine (at our sole
discretion) that your Web Site is unsuitable for the Program.
II. Icon Links on Your Site
You will be required to display
on your Site a word or words, graphic image(s), or combination of words and
images. The content and style of these words and images will be provided by
us and within our sole discretion. You may not modify any text, icon,
content, tool, trademark, or any of our images in anyway. For
each selected Icon, you will also provide an electronic link to
www.worldofmagnets.co.uk using an
Affiliate URL provided by us ( a "Link"). It is your sole responsibility to
set up the electronic Links connecting your Site to the appropriate page on
worldofmagnets.co.uk Site designated for that particular Icon, and ensure
that the electronic Links are in good working order.
III. Affiliate's Tracking System The Affiliate can determine how
much revenue their link has generated. This data will be displayed in chart
displays using an automated process which can be accessed using the unique
login and password system on the world of magnets ltd site.
IV. Affiliate's Referral Fees
We will pay you referral (agent)
fees on certain product sales to third parties. For a product sale to
generate a referral fee, the customer must follow a Link (as provided by us)
from your Site to
www.worldofmagnets.co.uk purchase the product using our
automated ordering system, and remit full payment to us. We will pay
referral fees on any products that are subsequently purchased or added to a
customer's Shopping Cart, as long as you still are a Member, in good
standing, of our Network. Products and Services that are entitled to earn
referral fees under the rules set forth above are hereinafter referred to as
"Eligible Services and Products." We also pay referral fees
on any product bought from our site by a customer referred by you for a
period up to 1 month from the date of referral.
You will earn referral fees
based on the Selling Price of Eligible Services and Products (as defined
above), according to fee schedules to be established (and which we retain
the absolute right to modify at any time) by us. "Selling Price" means the
price that we sell the Products for that are listed on our Web Site Store.
The Selling Price excludes costs for shipping, handling, and taxes.
V.
Affiliate Fee Structure of all Eligible Products sold
during a user session originating from a Link on your Web Site are as
follows:
1. 1 - 10 sales a month - 15%
2. 11 - 20 sales a month - 25%
over 20 sales a month - 40%
Other commission rates may apply on Special Product Promotions that we
may periodically establish.
VI. Affiliate Fee Schedule We will pay you referral fees on a
monthly basis or as per your demand whichever is earlier. Within 30 days
following the end of each calendar month, we will send you a cheque for the
referral fees earned on products that were shipped during that period, less
any taxes that we are required by law to withhold. However, if the fees
payable to you for any calendar month are less than £50.00, we will hold
those fees until the total amount due is at least £50.00 or (if earlier)
until this Agreement is terminated.
VII. Affiliate Order Processing
We will process product orders placed by customers who follow any Links from
your Site to the world of magnets Site. We reserve the right to reject
orders that do not comply with any requirements that we periodically may
establish. We will be responsible for all aspects of order processing and
fulfilment. Among other things, we will prepare order forms; process
payments, cancellations, and returns; and handle customer service. We will
track sales made to customers who purchase products using Links from your
Site to our Site and will provide you with access to reports, summarizing
this sales activity.
VIII. Company Policies and Pricing Customers who buy
services and products through this Program will be deemed to be customers of
World of Magnets ltd. Accordingly, all world of magnets ltd 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 services and products sold under this Program in
accordance with our own pricing policies. Product prices and availability
may vary from time to time. Because price changes may affect services and
products that you already have listed on your Site, you may not include
price information in your product descriptions. We will use commercially
reasonable efforts to present accurate information, but we cannot guarantee
the availability or price of any particular service or product.
IX. Limited License We grant you a nonexclusive, revocable right
to use the icon and message provided, and such other Icons and images for
which we grant express permission, solely for the purpose of identifying
your Site as a Program participant and to assist in generating service and
product sales. You may not modify any icon, content, tool, text, trademark,
or any of our images in any way. We reserve all of our rights in the icon,
the message, any other images, our trade names and trademarks, and all other
intellectual property rights. We may revoke your license at any time by
giving you written notice.
X. 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. For example, you will be solely
responsible for: · posting Icons on your Site and
linking those icons to our Site
· the accuracy and appropriateness
of materials posted on your Site (including, among other things, all
product-related materials)
·
the technical operation of your
Site and all related equipment
·
ensuring that materials posted
on your Site do not violate or infringe upon the rights of any third party
(including, for example, copyrights, trademarks, privacy, or other personal
or proprietary rights) ensuring that materials posted on your Site are not
libellous or otherwise illegal THE ACCURACY AND LEGALITY OF ALL
PRODUCT EFFICACY CLAIMS. YOU MAY NOT MAKE SPECIFIC CLAIMS REGARDING
THE EFFICACY OF ANY OF OUR PRODUCTS. IF YOU MAKE UNSUBSTANTIATED PRODUCT
CLAIMS WITH RESPECT TO PRODUCTS WE SELL, YOUR MEMBERSHIP IN THE world of
magnets ltd AFFILIATE NETWORK WILL BE TERMINATED IMMEDIATELY. We disclaim all liability for
these matters. Further, you will indemnify and hold us harmless from all
claims, damages, and expenses (including, without limitation, attorneys'
fees) relating to the development, operation, maintenance, and contents of
your Site or any breach of your obligations under this agreement.
XI. Terms of the Agreements
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 written notice of termination. You are only eligible to earn
referral fees on sales occurring during the term of this Agreement, and fees
earned through the date of termination will remain payable only if the
related orders are not cancelled. We may withhold your final payment for a
reasonable time to ensure that the correct amount is paid.
XII. 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 or a new agreement on this site. Modifications may include, for example, changes in referral
fees, fee schedules, payment procedures, and Program rules. 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 AFFILIATE GATEWAY Site WILL
CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
XIll. 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 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.
XlV. 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.
XV. Limitation of Liability We will not be liable to you or any
third party for any special, indirect or consequential damages (including,
without limitation 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.
XVI. 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.
XVII. Assignment 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.
XVlll.
Identification of Affiliates We may identify you or your Web
Site a participant in the Program without providing you prior notice or
obtaining your specific written consent. Such identification may be oral,
written, or electronic, and may include, but is not limited to, public
announcements, promotional materials, internal and external reports, and
public filings.
XIX. Scope of Agreement This Agreement constitutes the
entire agreement and understanding between the parties hereto with respect
to the subject matter hereof and supersedes all prior or contemporaneous
written or oral agreements or representations between the parties. This
Agreement may only be modified by a written instrument signed by both
parties.
IN ORDER
TO BE AN AUTHORIZED MEMBER OF THE world of magnets ltd AFFILIATE
NETWORK, YOU MUST AGREE TO ABIDE BY ALL OF THE TERMS AND CONDITIONS
CONTAINED IN THIS AGREEMENT. WE ASK THAT YOU PLEASE READ THIS AGREEMENT
CAREFULLY BEFORE REGISTERING. FEEL FREE TO CONTACT US WITH ANY
QUESTIONS AT webmaster@worldofmagnets.co.uk
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