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.