AffiliateFuture.co.uk

Terms & Conditions

AFFILIATEFUTURE SERVICE AGREEMENT

AFFILIATE TERMS AND CONDITIONS

To be an affiliate of the AffiliateFuture Network you agree to abide by the terms and conditions contained in this Agreement. Please read this agreement carefully before registering and using the AffiliateFuture Network.

By completing the signup page and using the AffiliateFuture Network you indicate your acceptance of this Agreement and its terms and conditions. If you do not accept this Agreement, do not use the AffiliateFuture service.

You must be at least 18 (eighteen) years of age to be an Affiliate and enter into this Agreement.

This Agreement is between IBG Ltd t/a AffiliateFuture (Company Registration No. 3718515) whose registered office is at John Carpenter House, John Carpenter Street, London, EC4Y 0BS ("AffiliateFuture"). and you, as user of the AffiliateFuture Network ("You").

BACKGROUND

AffiliateFuture has developed and operates an online advertising and marketing network consisting of Affiliates that carry advertisement for Merchants on their websites (the "Network"). The Merchant is the provider of services which are accessible through the Merchant Website URL set out in Schedule (together with any replacement or successor URL, the "Merchant Site")
The Network is accessible through the URL www.AffiliateFuture.co.uk (together with any replacement or successor URLs, respectively the "AffiliateFuture Site")
AffiliateFuture has developed and operates a network from its website www.AffiliateFuture.co.uk called AffiliateFuture (the "Network") which allows Websites to run and/or participate in affiliate partner programs. You wish to become an Affiliate of the Network and utilize the Network as an advertiser or direct Marketer. As an Affiliate of the Network You will be establishing affiliate-partnering arrangements with third party members.

OPERATIVE PROVISIONS

Definitions
- "Affiliate" means a website owner that is paid a commission for placing links to Merchants' websites on its own website.
- "Business Day" means a day other than a Saturday, Sunday or bank or public holiday in England and Wales.
- "Commission" means a sum in GBP, either being a percentage on Merchant's sales generated by You, or flat rate for generating a sale or lead through Links on your web site and the level of which shall be determined by the Merchants.
- "Merchant", means a website owner who pays a commission to Affiliates for placing the link on their websites to the Merchant's own website.
- "Link" means a hyperlink placed on an Affiliate Partner's website that, when clicked on, serves a Merchant's website to the Visitor's browser. The hyperlink may be in the form of text, a button, a banner or any other format acceptable to the Affiliate.
- "Valid Click" is a click from an Affiliate Partner's website to a Merchant website that results in the Merchant Web page being viewable to the Visitor. A click is deemed valid by the AffiliateFuture system when it meets certain criteria as defined on the AffiliateFuture Site or in this agreement, and which may change from time to time.
- "Visitor" means any person, Web surfer or user that clicks on a Link.
Services
1. You may place and remove Links on Your website at your discretion.
2. You acknowledge that Merchants:
  1. set up the level of commission payable and the structure of commission payment;
  2. may change such commission level or structure or discontinue commission payments at any time,
  3. are responsible to inform you of any changes to payouts, and You are responsible for determining if a Merchant has changed or discontinued the commission payment for a Link You have placed on Your website.
AffiliateFuture Obligations
1. AffiliateFuture will provide email support for the Network.
2. AffiliateFuture will pass Affiliate data to merchants when you sign up to Merchant programs through the Network.
Commission Payments and Fees
1. In consideration for You hosting Links on your website AffiliateFuture will pay You the Commission.
2. You acknowledge and agree that a Merchant has the right to cancel any commission payment to You within 5 Business Days of the transaction occurring, for reasons including, but not limited to, an order/lead being incomplete or should the Merchant reasonably believe the transaction to be fraudulent or otherwise invalid.
3. AffiliateFuture may cancel any commission earned after the 5 day cancellation period, where AffiliateFuture has cancelled a transaction in exceptional circumstances only.
4. AffiliateFuture will remove any cancelled transactions from your account immediately.
5. AffiliateFuture will inform You by email of the reason for such cancellation.
6. Your commission payment will be calculated on the 15th day of the calendar month following the previous month in which commissions were earned.
7. An invoice will be raised (inclusive of VAT where appropriate) and will be made available for download from the AffiliateFuture Site.
  Payments to You will be made on or around the 8th day of each month.
8. You will be paid commission subject to:
  1. you having supplied the following information IN FULL: full name, company name (if appropriate), full address, full bank account details, and a valid UK VAT number (where appropriate); and
  2. the commission exceeding the minimum payment amount of GBP20 for UK payments, or GBP100 if paying a bank located outside of the UK
  3. AffiliateFuture receiving payment from the Merchant for your commission at least 38 days before the payment is due.
9. If You do not meet the conditions stipulated in Clause 6.7 AffiliateFuture will not pay You commissions on generated sales.
10. AffiliateFuture may withhold payment for any reason including, but not limited to, suspicion of fraudulent activity.
11. Money credited to your account does not accrue interest.
Registration
1. The following types of websites are not allowed to participate in the Network: adult websites that display adult banners, Warez websites, ROM websites, and emulator websites. AffiliateFuture reserves the right to determine if a web site shall not be allowed to participate in the Network.
2. You agree that you have read the documentation on the Network made available to You and understand its features and rules.
3. As part of the registration process, You will select an email and password combination that You will use to access your Affiliate area within the Network.
4. You warrant and undertake to provide AffiliateFuture with accurate, complete and updated registration information at all times.
5. 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.
6. You agree that AffiliateFuture may rely on any data, notice, instruction or request furnished to AffiliateFuture by You which AffiliateFuture may reasonably believe to be genuine and to have been sent or presented by a person AffiliateFuture may reasonably believed to be authorized to act on your behalf.
7. You shall notify AffiliateFuture via Support Centre www.affiliatefuturesupport.co.uk of any known or suspected unauthorised uses of your account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your email and password. You shall be responsible for maintaining the confidentiality of your email and password and you are responsible for all usage and activity on your account, including use of the account by a third party authorised by you to use your account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by AffiliateFuture and referral to the appropriate authorities in the relevant country.
Use of the Services
1. You agree that Affiliate data can be passed on to the Merchants for their own use as part of their participation in the Network.
2. You shall comply with all programme terms and guidelines (the "Rules") applicable to each advertising programme offered by AffiliateFuture within the Network You select (each a "Programme").
3. You represent warrant and undertake to AffiliateFuture that:
  1. You have all necessary rights to grant the rights and licences set out in your contract with us
  2. neither the content you provide to the Network nor any material which you may be linked to through your Network content will contain anything that is defamatory, obscene, false or misleading or which otherwise violates any intellectual property rights or rights of any person;
  3. use of the content you provide to the Network will not violate any applicable law or regulation. You agree that there have been no guarantees made by us for this content and that no employee of AffiliateFuture has made a promise or commitment that does not appear here. You agree to indemnify and hold AffiliateFuture and any of our officers, employees and agents harmless from and against all and any claims, liabilities, expenses, losses, costs or damages incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from any violation or infringement of third party rights, or any breach of any of these terms and conditions.
4. You shall not provide, promote, distribute, place or otherwise publish as an Affiliate of the Network any content, or Website that includes content, which is libellous, defamatory, obscene, pornographic, abusive, fraudulent or violates any law. As AffiliateFuture may not review all information provided by You, You shall remain solely responsible for Your content and Website.
5. You warrant and undertake that You shall observe all applicable laws, regulations and the rules of regulatory and voluntary industry organisations and obtain and make payment for or maintain in force all necessary licenses, consents and permissions relating to all materials provided and/or used under this Agreement.
6. You Acknowledge and agree that Links shall:
  not be placed in newsgroups or unsolicited e-mail;
  be placed in such a way that it is not misleading to any Visitor and with the intention of delivering Valid Clicks to the related Merchant for that Link.
7. AffiliateFuture may deem any website to be inappropriate and may remove the Affiliate website from the Network in which event AffiliateFuture may withhold commission relating to any sales generated through Your Website.
Limited Warranty

You acknowledge that the Network, its use and the results of such use are provided "as is" and on a "as available" basis. To the fullest extent permissible by law, AffiliateFuture gives no warranties to You, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, in relation to the Network, its use and the results of such use. Without limiting the forgoing, AffiliateFuture specifically disclaims any warranty
1. that the Network and its services will be uninterrupted or error free,
2. that defects will be corrected,
3. that there are no viruses or other harmful components
4. that the security methods employed will be sufficient, or
5. regarding correctness, accuracy or reliability.
Limitation of Liability
1. To the furthest extent permitted by law, AffiliateFuture, its suppliers or resellers do not accept liability for any claims, liabilities, expenses, losses, costs or damages (including without limitation, damages for any consequential loss or loss of business opportunities and/or profits) however arising from the use of or inability to use the Network or any information provided on the AffiliateFuture Site or any other hyperlinked website;, or any of its contents, or from action or omission taken as a result of using the Network or any such contents. In addition we do not accept liability for any errors or omissions or claims for losses arising from any free of charge services. Every care is taken to avoid mistakes but we cannot accept liability for any errors due to you, your third parties, sub-contractors or inaccurate copy instructions from any of the foregoing. Any agent who shall place an Advertisement with us shall be deemed jointly and severally liable with the Advertiser to us in respect of all matters including charges relating to the Advertisement and conditions therein contained.
2. You agree that AffiliateFuture is the neutral host of the services provided through the Network and has no responsibility or liability in relation to the arrangements that You enter into with Merchants as part of your use of the Network or the Merchants' products or services.
3. You shall indemnify and keep indemnified AffiliateFuture at all times against all losses, damages, costs and expenses (including reasonable legal costs) for any third party claims which arise as a result of any breach by You of this Agreement and your negligent acts or omissions.
Representations

AffiliateFuture makes no representations whatsoever about any website which You may access through the Network. AffiliateFuture does not endorse or accept any responsibility for the content or the use of any link to a website other than the AffiliateFuture Site.
Term and Termination
1. This Agreement shall remain in effect until terminated.
2. This Agreement may be terminated by AffiliateFuture or You at their convenience on five (5) Business Days prior e-mail or written notice, or immediately upon notice of any breach of the provisions of this Agreement including, without limitation, if You fail to comply with the Rules.
3. We will not pay you outstanding Commission if we terminate this Agreement on your failure to comply with the Rules.
4. On termination of this Agreement, You shall no longer be entitled to use the Network.
5. You agree that You shall not, for 3 months from termination or expiry of this Agreement, enter into any commercial arrangements with any Merchant who made sales through Links on Your Site within the 6 months preceding termination or expiry of this Agreement.
Audit

You shall, during the Contract Period and on reasonable notice permit AffiliateFuture (and its internal and external auditors), access to all accounts and records and other supporting documents and data requested for the purpose of auditing Your use of the Network and Your compliance with this Agreement. The cost of the audit shall be AffiliateFuture's unless the audit reveals a breach of this Agreement.
Changes

AffiliateFuture reserves the right to change, modify, add or remove portions of this Agreement and/or the Rules at any time and may add to, change, suspend or discontinue any aspect of or services relating to the Network at any time. In either such case AffiliateFuture will notify You via e-mail, newsletter or the AffiliateFuture Site of such changes, at which time You may either agree to such changes or withdraw from the Network.
Assignment

Neither the rights nor the obligations arising under this Agreement are assignable or transferable by You, and any such attempted assignment or transfer shall be void and without effect. AffiliateFuture may assign this Agreement to any successor, affiliate or assign.
Force Majeure

AffiliateFuture will not be liable for any delay or failure to perform any obligation under this Agreement due to any event beyond our reasonable control, including but not limited to, earthquake, fire, flood or any other natural disaster, labour dispute, riot, revolution, terrorism, acts of restraint of government or regulatory authorities, failure of computer equipment and failure or delay of services and platforms used to operate our electronic media.
General
1. AffiliateFuture is subject to the UK Data Protection Act 1998 and is registered in the UK with the Information Commissioner to process your personal information. Our primary goal in collecting personal information from you is to give you an enjoyable customised experience whilst allowing us to provide services and features that most likely meet your needs. We collect certain personal information from you, which you give to us when using our Sites and/or registering or subscribing for our products and services. We also collect certain personal data from other group companies to whom you have given information through their websites. If you do not want us to continue using this information please notify via Support Centre www.affiliatefuturesupport.co.uk. Any personal information supplied to IBG Ltd as part of this registration process and/or any other interaction with IBG Ltd will be collected, stored and used by IBG Ltd its subsidiaries, related companies or affiliates in accordance with the Privacy Policy. Please notify us via Support Centre www.affiliatefuturesupport.co.uk for a copy of the IBG Ltd Privacy Policy.
2. Each Party confirms and undertakes that it has notified under and otherwise does and will comply with its obligations under the Data Protection Act 1998.
3. This agreement constitutes the entire agreement between AffiliateFuture and you. All prior agreements understandings and negotiations and representations (save for fraudulent misrepresentation) whether oral or in writing are cancelled in their entirety. The terms of any other electronic communications will not form part of this agreement.
4. This agreement is governed by English law and each party agrees that the courts of England will have non-exclusive jurisdiction to deal with any disputes arising out of or in connection with this agreement. Changes to this contract can only be made in writing. Printed terms and conditions in any additional documents issued by you or your agent will not be recognised as binding.
5. You may not resell, assign or transfer any of your rights under this contract without our written consent. Any attempt to resell, assign or transfer rights without our consent will entitle us to cancel the contract without liability to you. A person who is not party to this contract has no right under the Contracts (Rights & Third parties) Act 1999 to rely upon or enforce any terms of this agreement.