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Terms and Conditions
Affiliates Terms and Conditions This agreement describes the entire terms and conditions for participation in the $GLOBALS[CONST_COMPANY] Affiliate Program. In this agreement, the term "Participant" refers to you (the applicant), and "sponsoring Web site" refers to the Web site from which you will link the $GLOBALS[CONST_COMPANY] site. Wherever the agreement refers to "you" or "your", it means "the Participant"; "we" or "our" refers to the Net-Singes site. A "Registered User" is defined as a consumer who clicks the Logo Box (banner or text link) on your Web page, is connected to the $GLOBALS[CONST_COMPANY] site, completes the registration questionnaire. A "Subscribed User" is defined as a consumer who subscribes as a paying member, and is a premium member of our singles user database. Privacy of the Associate Account: In order to join the Affiliate Program, you will need to provide certain information. All information will be held in strict confidence and will not be provided to any third parties except as required by law. $GLOBALS[CONST_COMPANY] Sites Referral Fee Percentage: You will earn 50% of gross revenue as a referral fee from new Premium Member subscriptions from members that have been referred via your affiliate link(s). Gross revenue only includes cash collected via valid credit card, cheque or money order or other means and does not include sales tax charges. In the event of the subscriber renewing his/her premium membership you will earn a further 25% for each renewal of the gross revenue of this transaction whilst your affiliate account is active. Referral Fee Payment: $GLOBALS[CONST_COMPANY] will send a referral fee cheque for the applicable referral fee (less any taxes required to be withheld under applicable law) to the Participant within approximately 15 days after the end of each calendar month if the total amount of the referral fees is equal to or greater than $GLOBALS[30].00. If the amount owed you is less than $GLOBALS[30].00 then your balance will be carried forward to the next month or until the total sum of your referrals is equal to or greater than $GLOBALS[30].00 or upon the termination, by you or $GLOBALS[CONST_COMPANY], in the program. Payments will be in GBP (ЈUK), payable at the rate of exchange applicable at the date of each transaction. Refunds and Charge-backs: All payments are subject to an 8 week lead time to insure against refunds and charge-backs. This is a stipulation of our payment processing company. Subscription Payment Processing: $GLOBALS[CONST_COMPANY] will be solely responsible for processing every subscription order placed by a customer. Subscription orders will be accepted via the $GLOBALS[CONST_COMPANY] online ordering process which utilises WorldPay payment servers. Payment processing, renewal payment processing, cancellations and refund processing, and related customer service are all the responsibility of $GLOBALS[CONST_COMPANY]. All of the rules, operating procedures and policies of $GLOBALS[CONST_COMPANY] regarding customer subscriptions will apply to all subscription orders we via our affiliates. $GLOBALS[CONST_COMPANY] reserves the right to reject any subscription order that does not comply with our rules, operating procedures and policies. Tracking of Subscription Sales: $GLOBALS[CONST_COMPANY] will be solely responsible for tracking subscription sales. Statements of subscription sales activity are provided to the Participant through the affiliate centre pages. To protect $GLOBALS[CONST_COMPANY] customer privacy, the names or other personal information about specific customers will not be provided to the Participant. Time Limitations For Depositing Associate Cheques: Participants are required to cash or deposit any cheque from $GLOBALS[CONST_COMPANY] within ninety (90) days of the date the cheque was issued. $GLOBALS[CONST_COMPANY] is not required to re-issue payment for associate cheques older than ninety (90) days. Lost, Stolen, Or Destroyed Cheques: It is the responsibility of the associate to request in writing a reissue of lost, stolen or destroyed cheques within the ninety (90) day period outlined above. The request must include as much information about the dates and earnings in question as possible, including the Affiliate ID of the account and to whom the cheque was issued. Email requests are sufficient. Reissued cheques are held to the same ninety (90) day expiration rules. $GLOBALS[CONST_COMPANY] may receive returned cheques because the mailing address provided by the associate is incorrect or insufficient. In these cases, we will contact the associate upon receipt of the returned cheque. It is the responsibility of the associate to respond and correct the information as necessary. After thirty (30) days without a reply from the associate regarding the issue, the cheque will become void and $GLOBALS[CONST_COMPANY] will not be required to re-issue payment and all payments will become null and void, and the associate account will be terminated. Copyrighted material: As the Participant, you are solely responsible for ensuring that your logo and preamble text obey all applicable copyright and other laws. You must have express permission to use another party's copyrighted material. $GLOBALS[CONST_COMPANY] will not be responsible if you use another party's copyrighted material in violation of the law. $GLOBALS[CONST_COMPANY] policy applies to all orders: Every customer who buys a subscription through this program is deemed to be a customer of $GLOBALS[CONST_COMPANY]. The Participant does not have the authority to make or accept any offer on behalf of $GLOBALS[CONST_COMPANY]. All $GLOBALS[CONST_COMPANY] policies regarding customer orders, including pricing and problem resolution, will apply to these customers. $GLOBALS[CONST_COMPANY] is not responsible for any representations made by the Participant which contradict our policies. Prices and availability: The price charged for subscriptions sold under this program will be determined by $GLOBALS[CONST_COMPANY] according to our own pricing policies. Prices may vary from time to time. $GLOBALS[CONST_COMPANY] policies will always determine the price paid by the customer. Sites that Do Not Qualify for the $GLOBALS[CONST_COMPANY] Affiliates Program include: ? Sites that promote sexually explicit material with minors (under 18 years of age) ? Sites that promote violence ? Sites that promote discrimination based on race, sex, religion, national origin, physical disability, sexual orientation or age ? Sites that promote illegal activities Spamming Policy: $GLOBALS[CONST_COMPANY] in no way participates in mass unsolicited emailing (i.e. spamming), and all Participants are expected to adhere to this policy as well. Violation of this policy will result in the termination of this contract and immediate dismissal from the $GLOBALS[CONST_COMPANY] Affiliate Program. Web Site service interruption: $GLOBALS[CONST_COMPANY] will make every effort to keep its Web site operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The Participant agrees not to $GLOBALS[CONST_COMPANY] liable for any of the consequences of such interruptions. Term of the Agreement: The Participant may receive referral fee payments on orders that are placed during the term of this agreement. This term will begin on the date that your application is approved by $GLOBALS[CONST_COMPANY], and shall end when cancelled by either party as provided below. Referral Fees earned through the date of expiration or cancellation of this agreement will remain payable only if the subscriptions are not refunded. Payment of the final referral fee payment to the Participant may be withheld for a reasonable time in order to ensure that the correct amount is paid. The agreement may be modified: $GLOBALS[CONST_COMPANY] reserves the right to change any of the terms and conditions in this agreement, at any time and at its sole discretion, by posting a new agreement on our Web site. Without limiting the generality of the foregoing, referral fee schedules, and all other provisions of this agreement are subject to change without notice other than posting such information on our Web site. Cancellation of this agreement: Either $GLOBALS[CONST_COMPANY] or the Participant, acting in their sole discretion, may choose to cancel this agreement at any time by written notice of cancellation to the other. Warranty Disclaimer: $GLOBALS[CONST_COMPANY] makes no warranties, representations or conditions with regard to the program or, except as expressly set forth $GLOBALS[CONST_COMPANY] then current sales policies, any subscriptions sold thereunder, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade. Limitation of Damages: $GLOBALS[CONST_COMPANY] shall have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the program, even if $GLOBALS[CONST_COMPANY] has been advised of the possibility of such damages. Further, $GLOBALS[CONST_COMPANY] aggregates liability arising under or with respect to this agreement or the program shall in no event exceed the total referral fees paid or payable by $GLOBALS[CONST_COMPANY] to Participant under this agreement. Miscellaneous: Participant and $GLOBALS[CONST_COMPANY] are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Participant shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of $GLOBALS[CONST_COMPANY] . Subject to the foregoing restriction, this agreement is binding upon, insures to the benefit of and is enforceable by the parties and their respective successors and assigns. Governing Law: This agreement shall be governed by the laws of the United Kingdom of Great Britain and Northern Ireland without reference to its choice of law principles.