This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Bindal FX Affiliate Program This confirms the terms and conditions of our agreement for you to be an affiliate ("Affiliate") of the Bindal FX affiliate program ("program") for marketing the products/services of Bindal FX ("Products/Services") over the Internet in return for a commission ("Agreement"), from sales generated over the website.
- Enrolment in the Program
To begin the enrolment process, you will submit a complete application via our site. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (at our sole discretion) that your site is unsuitable for the Program.
- Unsuitable sites include those that
Promote sexually explicit materials
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
Promote illegal activities
Otherwise violate intellectual property rights
Abuse our terms and conditions
- Links on Your Site
Once you have been notified that your site has been accepted into the Program, you must provide on your site links to our site. We will provide you with guidelines and graphical artwork to use in linking to our sites which you will display prominently on your site and as many times elsewhere on your web pages to attract visitors. You will only earn referral fees with respect to activity on our site occurring directly through such special links.
You must not misrepresent the relationship between you and us nor create the impression that Affiliate website is us or part of us.
- Referral Fee (Commissions)
You will earn referral fees based on qualifying revenues established by us. "qualifying revenues" are revenues derived by us from our sales of qualifying accounts, excluding costs for service charges, credit card processing fees, and bad debt. The current referral fee percentage is 20% of Qualifying Revenues from account sales referred by you. Qualifying period is 90 days of initial registration taking place from a member of the site.
- Referral Fee Payment
We will pay you referral fees on a Quarterly basis. Approximately 30 days following the end of each quarter,. However, if the referral fees payable to you for any calendar month are less than £100.00, we will defer those referral fees until the total amount due is at least £100.00. Your commission will be paid via Paypal, so you will need to have a Paypal account.
- Policies and Pricing
We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for accounts sold under this Program in accordance with our own pricing policies. Account prices and availability may vary from time to time.
- Identifying Yourself as an Affiliate
We grant you a non-exclusive, non-transferable, royalty-free, revocable right to use the images and text described above solely to identify yourself as an Affiliate Website to the program and to assist in generating product/service sales. You may not alter or modify any of the images or text in any way. We reserve all of our rights in the images, trade names, trademarks and all other intellectual property rights. This licence may be revoked at any time by giving you prior written notice or on termination of this Agreement for any reason whatsoever.
- Responsibility for Your Site
You will be solely responsible for the development, operation, and maintenance of the Affiliate Website (including all related equipment) and for all materials appearing on it including the links. You will also be solely responsible for ensuring that materials posted on it do not violate or infringe upon the rights of any third party, (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights) and are not libellous or otherwise illegal. We hereby disclaim all liability for these matters and you agree to indemnify and hold us harmless from any and all claims, damages, and expenses, relating to the above.
- Term of the Agreement
The term of this Agreement shall be for a period of one year from the date this Agreement is accepted and signed by us ("Initial Term"). The Initial Term will be renewed automatically for successive periods of one year ("Renewal Term") unless this Agreement is terminated. This Agreement may only be terminated with or without cause by either party giving 30 days written notice to the other party by email. Notice will be sent to the email address in the application unless the parties give notice otherwise. Upon termination of this Agreement for any reason, you will cease to use our logos, images or text (including the Links) and terminate your link to the Website. Commission will only be payable on sales confirmed prior to the date of notice of termination which are consumed. Any final payment may be withheld for a reasonable time to ensure compliance with the terms and conditions of this Agreement.
We may modify any of the terms and conditions of this Agreement at any time and in our sole discretion by posting a notice of change and the Agreement as modified on the Website. We will also make commercially reasonable efforts to notify you of such changes prior to implementation. If any modification is unacceptable to you, you agree that your only recourse is to terminate this Agreement. Your continued participation in the programme following our posting of a notice of change and modified Agreement on the Website will constitute binding acceptance by you of the change.
- 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 not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
- Limitation of Liability
We will not be liable for indirect, special, or consequential damages (or 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.
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.
You acknowledge that you have read this agreement and agree to all its terms and conditions. You also understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this agreement. You have independently evaluated the desirability of participating in the program and are not relying on an representation, guarantee or statement other than set forth in this agreement.
This Agreement will be governed by and construed in accordance with English law and both parties agree to submit to the exclusive jurisdiction of the English courts as regards any claim or matter relating to this Agreement regardless of conflict of law and any other mandatory legal provisions.