Terms and Conditions
The Affiliate Loans.com agreement form.
Introduction and Terms
The Company that operates Affiliate Loans.com is UK Finance Online Ltd a company incorporated in England under company number 4463401.
Affiliate means a person or entity that agrees to promote either a button link or application form on their website. The Affiliate agrees that the copyright and ownership of any material and system remains the property of the Company.
Affiliate Payment means any sum due or paid to an Affiliate for an unsecured loan application, secured loan application or mortgage lead form a resident of the United Kingdom.
The Payment Plan is the rate of payment to the Affiliate. Currently the Payment Plan is: £2 for each unsecured loan applicant and £4 for each secured loan application or mortgage application whose details have not been previously been sent to the Company. All payments quoted are inclusive of any VAT liability.
The Specified E-mail Address is the e-mail address supplied to the Company by the Affiliate on the Affiliate sign-up form.
The Affiliate
The Affiliate agrees to act professionally and ethically when promoting the acquisition of applications for the Company.
As an Affiliate or Introducer of loan or mortgage applications to UK Finance Online Ltd you confirm that you will abide by the following legislation and regulations and that business introduced to us complies with the following:
The company that owns and operates this site and will manage the processing of your leads is UK Finance Online Ltd. We can be seen at www.uk-finance-online.com
When the Affiliate signs onto the Company's affiliate programme the Affiliate agrees to provide the Company with accurate and truthful information about themselves.
The Affiliate agrees to keep confidential all secure access details such as password and systems within the affiliate log on area.
The Affiliate agrees not to employ spamming or other unethical means to promote the Company's service.
The Affiliate agrees not to promote the Company's services on any prohibited site as defined by the Laws and customs of the United Kingdom. Under no circumstances are promotions permitted on sites containing adult or sexual material.
The Affiliate agrees to notify the Company by email at support@affiliateloans.co.uk:
(i) if the Affiliate believes
that any unauthorised use has or may be made of the password.
(ii) if the Affiliate suspects or is aware of any other actual or possible
abuses of the Service.
The Affiliate acknowledges that the Affiliate shall at all times respect the intellectual property, copy rights and trade marks and other rights of the Company including the privacy policy of the Company and the Affiliate acknowledges ownership of the Company's trademarks and copyrights.
The Affiliate contracts under this agreement in the capacity of independent contractor and is at all times the principal of his own independent business and not an employee, agent, partner, legal representative, or franchisee of the Company. The Affiliate further agrees not to incur any debt, expense, obligation on behalf of, for, or in the name of the Company.
The affiliate is entitled to contract once, in a single legal entity, as an affiliate - multiple memberships are not permitted.
The affiliate by entering this agreement agrees to adhere to the website terms and conditions for visitors of to the website - as published on the website.
The affiliate acknowledges that they are solely responsible for ensuring that their Affiliate Link is set up properly to qualify for payments.
The affiliate will not promote services to other affiliates in the Company other than those products and services of the Company.
The Company
The Company reserves the right to add, amend, delete content, from the website at any time.
The Company reserves the right to add, amend and delete products and services from the website at any time, but will endeavour to provide reasonable notice of such changes.
The Company will make available sales and marketing materials and techniques to the affiliate and the Affiliate acknowledges that whilst that these are no guarantee of success the Affiliate acknowledges that the Company may use this as a basis to monitor the activity of the Affiliate and related performance.
The Company reserves the right to amend payment levels of products and services from the website at any time, but will endeavour to provide reasonable notice of such changes.
The Company reserves the right to change the payment plan at any time but will endeavour to provide reasonable notice of such changes.
The Company gives notice that this programme commenced on 10th August 2000.
The Payment Plan
Payment will be paid to the Affiliate by cheque or by electronic means when available. The method of payment is at the sole discretion of the Company. The Company will normally endeavour to make payment in £ Sterling or $ USD according to the method of original payment by the Affiliate unless advised otherwise by the Affiliate.
The Affiliate can view on line the payments due.
The payments due to the Affiliate are on a calendar month basis and are calculated on the eligible applications in accordance with the Payment Plan on a preceding month basis and will be paid on the last working day of each month.
The Company will make every reasonable effort to monitor and make payment to the Affiliate for all applications that apply to the Affiliate. However, the Company is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or result in a delayed payment.
The Company will only pay out a commission if the commission earned for an individual month is £50 sterling or more. Where commissions earned for a month are less than £50 sterling the commission will be rolled over to subsequent months until the £50 sterling is reached. The conversion rate to the US Dollar will be the prevailing market rate on the date of commission calculation as published by the Bank of England.
The Company reserves the right not to pay a commission where it is deemed an Affiliate has breached a term or terms of this agreement. In these circumstances the Affiliate will be terminated and the Company's decision will be final.
The Company reserves the right to vary the terms of payment.
There is no fee payable to become an Affiliate.
Company Services to Affiliates
The Company hereby grants the Affiliate a non-exclusive, non-transferable, revocable right to access our site through the button or application form links solely in accordance with the terms of this Agreement, for the sole purpose of linking your site to our site for the purpose of passing loan applications.
The Affiliate agrees not to alter, modify, or change the links or button in anyway in any way. The Affiliate is only entitled to use the links and buttons to the extent that they are an Affiliate of good standing of the Company's Affiliate Programme. The Company may revoke the Affiliate's license at anytime by giving notice via e-mail.
Restrictions and Email Notifications
The Affiliate acknowledges
that for the period of this Agreement and for 6 months following its termination
:
(i) the Affiliate shall not without the Company's prior written consent communicate
directly to other Affiliates of the Company in relation to any matters involving
services or affiliate programmes of other parties; and
(ii) the Affiliate shall promptly notify the Company if the Affiliate is approached
by an Affiliate directly without the Company's knowledge or approval in relation
to any maters involving this Affiliate programme or that of any third party.
The Company shall send the Affiliate by email to the Specified Email Address any additional terms and conditions or changes to the way in which the Service shall be run that are likely to materially affect the Affiliate's position and in any email of this sort shall give the Affiliate not less than 14 days prior notification of those changes in question which shall also be posted on the Company's Log-on Affiliate area.
The Affiliate shall keep all information disclosed to the Affiliate by the Company on the Log-on Affiliate area relating to the Company's business strictly confidential.
The Affiliate shall acquire no rights following the termination of this Agreement to use any registered or unregistered trade marks or domain names or any text, or images, banners or any other works created by or for the Company. For the avoidance of doubt "Affiliate Loans.com" is a trade mark owned by UK Finance Online Ltd.
Limitation of Liability and Indemnity
The Company's total liability to the Affiliate including in contract and tort (including the tort of negligence) shall not exceed £500 (five hundred pounds sterling).
The Company shall not be liable to the Affiliate for any failure by the Company to attend to any of its obligations or any other matters under this Agreement caused by anything beyond the Company's reasonable control.
The Affiliate shall immediately
indemnify the Company against all proceedings, fees, expenses, payments, liabilities,
injury, costs and damages arising out of:
(i) the breach by the Affiliate of any of its obligations under this Agreement;
and
(ii) any express or implied warranties, representations, confirmations or
acknowledgements that are given by the Affiliate and prove to be untrue
Disclosure and Collection of Information and Confidentiality
The Company may contact the Affiliate by email, telephone or post for feedback regarding the Service including any ways in which it might be improved.
Subject to the provisions of the following clause the Company confirms to the Affiliate that it shall keep all information submitted by the Affiliate confidential.
Fraud and Deception. The Affiliate will not abuse the Affiliate Programme and will not deceive defraud or attempt to deceive or defraud the Company by any means, including without limitation, instructing or soliciting employees, agents, representatives or individuals to use the Affiliate Loans.com Links to falsely accumulate any payments or interfering in any way with the calculation thereof. The Company expressly reserves the right, in its sole discretion, to:
(i) refuse to pay the
Affiliate, and/or
(ii) retrospectively withhold any payments due to the Affiliate
(iii) without notice to the Affiliate, immediately terminate this Agreement
and disable any Links; where it has knowledge of, or suspects that, the Affiliate
has breached its obligations under this Agreement.
Term and Termination
This Agreement shall commence on the date the Affiliate, free or otherwise, completes the online sign up process provided by the Company and it may be terminated by either party at any time with immediate effect.
The termination of this
Agreement shall not limit:
(i) the enforceability of any of the rights or obligations of the parties
that accrued before the termination date; and
(ii) (without prejudice to the point just made) the Affiliate's entitlement
to receive payment due to the Affiliate in respect of any loan applications
made prior to the termination date.
Upon the termination of the Agreement the Affiliate shall immediately remove all the Links from its sites and (for the avoidance of doubt) the Affiliate shall not be entitled to receive any payment on any loan applications made after the termination date.
General
This Agreement is personal to the Affiliate.
All service of notice shall be made by e-mail to the Specified E-mail and all notices shall be deemed to be received upon delivery.
This Agreement is made under the laws of England and Wales.
Acknowledgment.
BY COMPLETING THE AFFILIATE APPLICATION YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE AFFILIATE PROGRAMME OF THE COMPANY AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
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©UK
Finance Online Ltd. 2003.
Affiliate Loans.com is a trading name of UK Finance Online Ltd. All rights reserved. |