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Affiliate Program

Terms and Conditions

This document sets out the Terms and Conditions relating to the Affiliate Program for SupportByEmail.com ("the Service"). The Affiliate Program is operated by Lightwood Consultancy Ltd ("the Operator") and offered to you ("the Affiliate") on the basis that you accept the terms of this agreement.

Registration for the Affiliate Program

The Affiliate must submit an application using the online form at http://www.supportbyemail.com/affiliate_register.php . By submitting this form the Affiliate indicates acceptance of these Terms and Conditions and agrees to be bound by them.

Registrations are accepted automatically upon submission of the online application form. The Operator reserves the right to cancel or suspend any new account if the information submitted for registration is incomplete, invalid or believed (at the sole discretion of the Operator) to be fraudulent. Multiple accounts are permitted for an individual or organisation, provided that each application is submitted for a different internet domain name.

Affiliate Links

The Operator hereby grants to the Affiliate a non-exclusive, royalty-free licence for the duration of this Agreement to use the banners, buttons and logos associated with the Service for the sole purpose of promoting the Service on any web site operated by the Affiliate.

The Operator will make available to the Affiliate sample HTML code containing valid Affiliate Links in both text and image format. The Affiliate is solely responsible for ensuring the accuracy of any Links used on web sites and the Operator shall not be liable for any lost profits arising as a result of a badly formed Affiliate Link.

Payment

The Operator will pay to the Affiliate a commission rate of ten percent (10%) of all net revenue generated as a result of a lead from the Affiliate on an ongoing basis.

A subscriber to the service will be deemed to be a referral from the Affiliate if:

  • The subscriber followed a Link that identifies a referral by a registered Affiliate
  • The subscriber registered for the Service within thirty (30) days of following the Affiliate Link
  • In the event that a subscriber followed more than one Affiliate Link before registering for the Service, the Affiliate whose Link was used most recently will be credited with the referral.

On the first day of each month a statement will be sent to the Affiliate by email, showing the breakdown of visitors and revenues received as a result of direct referrals. Any disputes relating to this statement should be notified to the Operator by email within seven (7) days.

The Affiliate will have chosen to be paid in either UK Pounds or US Dollars at registration. Payment will only be made in one currency. In the case that referred subscribers choose to be billed in a currency other than the payment currency a converted amount will be used based on the actual exchange rate on the payment date.

Payment will be sent to the Affiliate by cheque providing that the Affiliate is owed no less than £30 (for accounts payable in UK Pounds) or $50 (for accounts payable in US Dollars).

Termination

Either party may terminate this agreement by giving notice to the other of not less than thirty (30) days. Upon termination, the Company shall pay to the Affiliate any amounts still owing as a result of commissions earned regardless of any payment threshold.

Liability

The Affiliate is solely responsible for the development, operation and maintenance of any web site used to promote the Service as part of the Affiliate Program.

The Operator will not be liable for lost profits, lost business opportunities or any other indirect, special, punitive, incidental or consequential damages arising out of or related to this Agreement or Affiliate Program, even if the Operator has been advised of the possibility of such damages. Further, the Operator's aggregate liability arising under this Agreement will not exceed the amount of the total commission fees paid or payable to you under this Agreement. The provisions of this Section survive termination or expiration of the Agreement.

Notices

Except as otherwise expressly provided herein, all notices under this Agreement shall be sent by email and deemed to be given at the time of receipt by the other Party, or by 5pm GMT on the business day following the message being sent, whichever is sooner.

Notices to the Operator by email should be sent to affiliates@supportbyemail.com.

Notices to the Operator by postal mail should be sent to
Lightwood Consultancy Ltd, PO Box 1387, Stoke-on-Trent, ST3 5YH United Kingdom

Notices to the Affiliate by email or postal mail will be sent to the details supplied at registration. The Affiliate must notify the Operator immediately if any contact information changes.

Modifications

The Operator may modify any of the Terms and Conditions contained in this Agreement by giving no less than seven days (30 days) notice upon notice to you via e-mail. If any modification is unacceptable, the Affiliate may terminate this agreement with immediate effect by giving notice by email at any time up until the modification takes effect, otherwise the Affiliate will be deemed to have accepted the modification.

Relationships

The Operator and the Affiliate are independent contractors, and nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between you and the Operator. The Affiliate understands that they do not have authority to make or accept any offers or make any representation on behalf of the Operator.

Disclaimers

The Operator makes no express or implied warranties with respect to the subject matter of this Agreement, or its Affiliate Program, the Service or the SupportByEmail.com web site and the Operator hereby disclaims all implied warranties, including but not limited to implied warranties or merchantability and fitness for a particular purpose.

© 2001 Lightwood Consultancy Ltd

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