This agreement describes the terms and conditions
for participation in the Otherland Toys ltd Affiliate Program. The
terms "Affiliate," "you," and "your"
are referring to you, the applicant. "We" and "our"
refer to Otherland Toys ltd.
We are independent parties and this agreement
will not form any partnership.
This agreement will begin upon our acceptance
of your affiliate application and will end when terminated by
Termination may happen at any time, with or
without cause, by giving the other party written notice of termination.
By posting a Change Notice or a new agreement
on this site, we may modify any of the terms and conditions within
this Agreement at any time and at our sole discretion. These modifications
may include, but not limited to changes in the scope of available
referral fees, fee schedules, payment procedures and Program rules.
If any of the modifications are UNACCEPTABLE TO YOU, your only
recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION
IN THE PROGRAM following the posting of a Change Notice or new
agreement, it will be considered as your acceptance of the change.
You will receive 8% commission rate per sale.
For a sale to generate a commission to an Affiliate,
the customer must complete the order form and remit full payment
for the service ordered.
Referral fees can only be earned between the
acceptance of the Affiliate application and notice of termination.
Fees will be paid by Otherland Toys ltd. Any returned cheques, chargebacks,
or fees from a returned order will be adjusted in the following
fee payment. If no fee payment is due a billing invoice for the
amount will be issued.
Affiliates are paid monthly by BACS or cheque
(i) a £25 minimum accrued payment (unless otherwise agreed)
(ii) commission earned is rolled over until the minimum payout
limit has been reached
(iii) commission earned is rolled over for a
maximum of 360 days from the initial transaction which resulted
in an affiliate commission. Commission that is over 360 days old
will be forfeited.
We will not be liable for indirect, special,
or consequential damages or any loss of revenue, profits, or data
arising in connection with the agreement or the Software program,
even if we have been advised of the possibility of such damages.
Furthermore, our aggregate liability arising with respect to this
Agreement and the Program will not exceed the total commissions
paid or payable to you under this Agreement.
Otherland Toys ltd will be solely responsible for
processing every order placed by a customer on the Affiliate sites.
Customers who purchase products and services through the Affiliate
Program will be deemed to be customers of Otherland Toys ltd. Prices
and availability of our products and services may vary from time
to time. Otherland Toys ltd policies will always determine the price
paid by the customer. We reserve the right to reject any order
that does not comply with our rules, operating procedures and
WEB SITE RESTRICTIONS
Otherland Toys ltd reserves the right not to
accept any site into the Affiliate Program based on site content.
Sites that Do Not Qualify for the Affiliate Program include sites
such as sites that are:
Promoting violence and discord.
Promoting discrimination based on race, sex,
religion, nationality, disability, sexual orientation, or age
Unsolicited Commercial E-mail - Otherland Toys ltd
in no way participates in mass unsolicited e-mailing (i.e. spamming),
and all Affiliates 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 Otherland Toys ltd Affiliate
Program, with no refund.
We make no express or implied warranties or
representations with respect to the Affiliate Program or your
potential to earn income from the Otherland Toys ltd Affiliate Program.
In addition, we make no representation that the operation of our
site or the Affiliate Sites will be uninterrupted or error-free,
and we will not be liable for the consequences of any interruptions
or down time.
This Agreement will be governed by the laws
of England. Any action relating to this Agreement must be brought
in the courts located in England and you irrevocably consent to
the jurisdiction of such courts. You may not assign this Agreement,
by operation of law or otherwise, without our prior written consent.
Subject to that restriction, this Agreement will be binding on,
inure to the benefit of, and enforceable against the parties and
their respective successors and assigns. Our failure to enforce
your strict performance of any provision of this Agreement will
not constitute a waiver of our right to subsequently enforce such
provision or any other provision of this Agreement.
By submitting this Affiliate Agreement form,
you acknowledge that you have read this agreement and agree to
all its terms and conditions. You have independently evaluated
this program and are not relying on any representation, guarantee,
or statement other than as set forth in this agreement.
BEFORE YOU MOVE ON TO THE SIGN-UP SCREEN
PLEASE NOTE : You cannot buy from yourself
or be your first purchase for the sole purpose of discounting
your own purchase.