Terms & Conditions
Service Agreement
To be an publisher of the Affiliate Future Network you agree to abide by the terms and conditions contained in this Agreement. Please read this agreement carefully before registering and using the Affiliate Future Network.
PUBLISHER TERMS AND CONDITIONS
By completing the signup page and using the Affiliate Future Network you indicate your acceptance of this Agreement and its terms and conditions. If you do not accept this Agreement, do not use the Affiliate Future service.
You must be at least 18 (eighteen) years of age to be a publisher and enter into this Agreement.
This Agreement is between IBG Ltd t/a Affiliate Future (Company Registration No. 3718515) whose registered office is at John Carpenter House, John Carpenter Street, London, EC4Y 0BS ("Affiliate Future"). and you, as user of the Affiliate Future Network ("You").
BACKGROUND
- Affiliate Future has developed and operates an online
advertising and marketing network consisting of Publishers that
carry advertisement for Advertisers on their websites (the "Network").
The Advertiser is the provider of services which are accessible through the Advertiser
Website URL set out in Schedule (together with any replacement or successor URL,
the "Advertiser Site")
- The Network is accessible through the URL
www.AffiliateFuture.co.uk (together with any replacement or successor URLs,
respectively the "Affiliate Future Site")
- Affiliate Future has developed and operates a network from its website www.AffiliateFuture.co.uk called Affiliate Future (the "Network") which allows Websites to run and/or participate in partner programmes. You wish to become an Publisher of the Network and utilize the Network as an advertiser or direct Marketer. As a publisher of the Network You will be establishing publisher-partnering arrangements with third party members.
OPERATIVE PROVISIONS
- Definitions
- "Publisher" means a website owner that is paid a commission for
placing links to Advertisers' websites on its own website.
- "Business Day" means a day other than a Saturday, Sunday or bank
or public holiday in England and Wales.
- "Commission" means a sum in GBP, either being a percentage on Advertiser's
sales generated by You, or flat rate for generating a sale or lead through Links
on your web site and the level of which shall be determined by the Advertisers.
- "Advertiser", means a website owner who pays a commission to publishers
for placing the link on their websites to the Advertiser's own website.
- "Link" means a hyperlink placed on a Publisher Partner's website
that, when clicked on, serves a Advertiser's website to the Visitor's browser. The
hyperlink may be in the form of text, a button, a banner or any other format acceptable
to the publisher.
- "Valid Click" is a click from an Publisher Partner's website to
a Advertiser website that results in the Advertiser Web page being viewable to the
Visitor. A click is deemed valid by the Affiliate Future system when it meets certain
criteria as defined on the Affiliate Future Site or in this agreement, and which
may change from time to time.
- "Visitor" means any person, Web surfer or user that clicks on a
Link.
- "Publisher" means a website owner that is paid a commission for
placing links to Advertisers' websites on its own website.
- Services
- You may place and remove Links on Your website at your discretion.
- You acknowledge that Advertisers:
- set up the level of commission payable and the structure of commission
payment;
- may change such commission level or structure or discontinue commission
payments at any time,
- are responsible to inform you of any changes to payouts, and You
are responsible for determining if a Advertiser has changed or discontinued the
commission payment for a Link You have placed on Your website.
- set up the level of commission payable and the structure of commission
payment;
- You may place and remove Links on Your website at your discretion.
- Affiliate Future Obligations
- Affiliate Future will provide email support for the Network.
- Affiliate Future will pass Publisher data to Advertisers when you
sign up to Advertiser programmes through the Network.
- Affiliate Future will provide email support for the Network.
- Commission Payments and Fees
- In consideration for You hosting Links on your website Affiliate Future
will pay You the Commission.
- You acknowledge and agree that a Advertiser has the right to cancel
any commission payment to You within 5 Business Days of the transaction occurring,
for reasons including, but not limited to, an order/lead being incomplete or should
the Advertiser reasonably believe the transaction to be fraudulent or otherwise
invalid.
- Affiliate Future may cancel any commission earned after the 5 day
cancellation period, where Affiliate Future has cancelled a transaction
in exceptional circumstances only.
- Affiliate Future will remove any cancelled transactions from your
account immediately.
- Affiliate Future will inform You by email of the
reason for such cancellation.
- Your commission payment will be calculated on the 15th day of the calendar month
following the previous month in which commissions were earned.
- An invoice will be raised (inclusive of VAT where appropriate) and will be made
available for download from the Affiliate Future Site.
Payments to You will be made on or around the 8th day of each month.
- You will be paid commission subject to:
- you having supplied the following information IN FULL:
full name, company name (if appropriate), full address, full bank account details,
and a valid UK VAT number (where appropriate); and
- the commission exceeding the minimum payment amount of GBP20 for UK payments,
or GBP100 if paying a bank located outside of the UK
- Affiliate Future receiving payment from the Advertiser
for your commission at least 38 days before the payment is due.
- you having supplied the following information IN FULL:
full name, company name (if appropriate), full address, full bank account details,
and a valid UK VAT number (where appropriate); and
- If You do not meet the conditions stipulated in Clause 6.7
Affiliate Future will not pay You commissions on
generated sales.
- Affiliate Future may withhold payment for any reason including,
but not limited to, suspicion of fraudulent activity.
- Money credited to your account does not accrue interest.
- In consideration for You hosting Links on your website Affiliate Future
will pay You the Commission.
- Registration
- The following types of websites are not allowed to participate in the Network: adult
websites that display adult banners, Warez websites, ROM websites, and emulator
websites. Affiliate Future reserves the right to determine if a web site shall not
be allowed to participate in the Network.
- You agree that you have read the documentation on the Network made
available to You and understand its features and rules.
- As part of the registration process, You will select an email and
password combination that You will use to access your Publisher
area within the Network.
- You warrant and undertake to provide Affiliate Future
with accurate, complete and updated registration information at all times.
- You may not select the name of another person with the intent to
impersonate that person or deceive Members or other users as to your true identity.
- You agree that Affiliate Future may rely on any
data, notice, instruction or request furnished to Affiliate Future
by You which Affiliate Future may reasonably believe
to be genuine and to have been sent or presented by a person Affiliate Future
may reasonably believed to be authorized to act on your behalf.
- You shall notify Affiliate Future via Support
Centre www.affiliatefuturesupport.co.uk
of any known or suspected unauthorised uses of your account, or any known or suspected
breach of security, including loss, theft or unauthorised disclosure of your email
and password. You shall be responsible for maintaining the confidentiality
of your email and password and you are responsible for all usage and activity on
your account, including use of the account by a third party authorised by you to
use your account. Any fraudulent, abusive or otherwise illegal activity may be grounds
for termination by Affiliate Future and referral to the appropriate
authorities in the relevant country.
- The following types of websites are not allowed to participate in the Network: adult
websites that display adult banners, Warez websites, ROM websites, and emulator
websites. Affiliate Future reserves the right to determine if a web site shall not
be allowed to participate in the Network.
- Use of the Services
- You agree that Publisher data can be passed on to the Advertisers
for their own use as part of their participation in the Network.
- You shall comply with all programme terms and guidelines (the "Rules") applicable
to each advertising programme offered by Affiliate Future within the Network You
select (each a "Programme").
- You represent warrant and undertake to Affiliate Future
that:
- You have all necessary rights to grant the rights and licences set out
in your contract with us
- neither the content you provide to the Network nor any material which
you may be linked to through your Network content will contain anything that is
defamatory, obscene, false or misleading or which otherwise violates any intellectual
property rights or rights of any person;
- use of the content you provide to the Network will not violate any applicable
law or regulation. You agree that there have been no guarantees made by us for this
content and that no employee of Affiliate Future has made a promise
or commitment that does not appear here. You agree to indemnify and hold Affiliate
Future and any of our officers, employees and agents harmless from
and against all and any claims, liabilities, expenses, losses, costs or damages
incurred or suffered and any claims or legal proceedings which are brought or threatened,
in each case arising from any violation or infringement of third party rights, or
any breach of any of these terms and conditions.
- You have all necessary rights to grant the rights and licences set out
in your contract with us
- You shall not provide, promote, distribute, place or otherwise
publish as an Publisher of the Network any content, or Website that includes content,
which is libellous, defamatory, obscene, pornographic, abusive, fraudulent or violates
any law. As Affiliate Future may not review all information provided
by You, You shall remain solely responsible for
Your content and Website.
- You warrant and undertake that You shall observe
all applicable laws, regulations and the rules of regulatory and voluntary industry
organisations and obtain and make payment for or maintain in force all necessary
licenses, consents and permissions relating to all materials provided and/or used
under this Agreement.
- You Acknowledge and agree that Links shall:
not be placed in newsgroups or unsolicited e-mail;
be placed in such a way that it is not misleading to any Visitor and with the intention of delivering Valid Clicks to the related Advertiser for that Link.
- Affiliate Future may deem any website to be inappropriate and may
remove the Publisher website from the Network in which event Affiliate Future
may withhold commission relating to any sales generated through Your Website.
- You agree that Publisher data can be passed on to the Advertisers
for their own use as part of their participation in the Network.
- Limited Warranty
You acknowledge that the Network, its use and the results of such use are provided "as is" and on a "as available" basis. To the fullest extent permissible by law, Affiliate Future gives no warranties to You, express or implied, including, but not limited to, implied warranties of advertiserability and fitness for a particular purpose, in relation to the Network, its use and the results of such use. Without limiting the forgoing, Affiliate Future specifically disclaims any warranty- that the Network and its services will be uninterrupted or error free,
- that defects will be corrected,
- that there are no viruses or other harmful components
- that the security methods employed will be sufficient, or
- regarding correctness, accuracy or reliability.
- Limitation of Liability
- To the furthest extent permitted by law, Affiliate Future, its suppliers or resellers
do not accept liability for any claims, liabilities, expenses, losses, costs or
damages (including without limitation, damages for any consequential loss or loss
of business opportunities and/or profits) however arising from the use of or inability
to use the Network or any information provided on the Affiliate Future Site or any
other hyperlinked website;, or any of its contents, or from action or omission taken
as a result of using the Network or any such contents. In addition we do not
accept liability for any errors or omissions or claims for losses arising from any
free of charge services. Every care is taken to avoid mistakes but we cannot accept
liability for any errors due to you, your third parties, sub-contractors or inaccurate
copy instructions from any of the foregoing. Any agent who shall place an Advertisement
with us shall be deemed jointly and severally liable with the Advertiser to us in
respect of all matters including charges relating to the Advertisement and conditions
therein contained.
- You agree that Affiliate Future is the neutral host of the services provided through
the Network and has no responsibility or liability in relation to the arrangements
that You enter into with Advertisers as part of your use of the Network or the Advertisers'
products or services.
- You shall indemnify and keep indemnified Affiliate Future at all times against all
losses, damages, costs and expenses (including reasonable legal costs) for any third
party claims which arise as a result of any breach by You of this Agreement and your
negligent acts or omissions.
- To the furthest extent permitted by law, Affiliate Future, its suppliers or resellers
do not accept liability for any claims, liabilities, expenses, losses, costs or
damages (including without limitation, damages for any consequential loss or loss
of business opportunities and/or profits) however arising from the use of or inability
to use the Network or any information provided on the Affiliate Future Site or any
other hyperlinked website;, or any of its contents, or from action or omission taken
as a result of using the Network or any such contents. In addition we do not
accept liability for any errors or omissions or claims for losses arising from any
free of charge services. Every care is taken to avoid mistakes but we cannot accept
liability for any errors due to you, your third parties, sub-contractors or inaccurate
copy instructions from any of the foregoing. Any agent who shall place an Advertisement
with us shall be deemed jointly and severally liable with the Advertiser to us in
respect of all matters including charges relating to the Advertisement and conditions
therein contained.
- Representations
Affiliate Future makes no representations whatsoever about any website which You may access through the Network. Affiliate Future does not endorse or accept any responsibility for the content or the use of any link to a website other than the Affiliate Future Site.
- Term and Termination
- This Agreement shall remain in effect until terminated.
- This Agreement may be terminated by Affiliate Future or
You at their convenience on five (5) Business Days prior e-mail or written
notice, or immediately upon notice of any breach of the provisions of this Agreement
including, without limitation, if You fail to comply with the Rules.
- We will not pay you outstanding Commission if we terminate this Agreement on your
failure to comply with the Rules.
- On termination of this Agreement, You shall no longer be entitled to use the Network.
- You agree that You shall not, for 3 months from
termination or expiry of this Agreement, enter into any commercial arrangements
with any Advertiser who made sales through Links on Your Site within the 6
months preceding termination or expiry of this Agreement.
- This Agreement shall remain in effect until terminated.
- Audit
You shall, during the Contract Period and on reasonable notice permit Affiliate Future (and its internal and external auditors), access to all accounts and records and other supporting documents and data requested for the purpose of auditing Your use of the Network and Your compliance with this Agreement. The cost of the audit shall be Affiliate Future's unless the audit reveals a breach of this Agreement.
- Changes
Affiliate Future reserves the right to change, modify, add or remove portions of this Agreement and/or the Rules at any time and may add to, change, suspend or discontinue any aspect of or services relating to the Network at any time. In either such case Affiliate Future will notify You via e-mail, newsletter or the Affiliate Future Site of such changes, at which time You may either agree to such changes or withdraw from the Network.
- Assignment
Neither the rights nor the obligations arising under this Agreement are assignable or transferable by You, and any such attempted assignment or transfer shall be void and without effect. Affiliate Future may assign this Agreement to any successor, publisher or assign.
- Force Majeure
Affiliate Future will not be liable for any delay or failure to perform any obligation under this Agreement due to any event beyond our reasonable control, including but not limited to, earthquake, fire, flood or any other natural disaster, labour dispute, riot, revolution, terrorism, acts of restraint of government or regulatory authorities, failure of computer equipment and failure or delay of services and platforms used to operate our electronic media.
- General
- Affiliate Future is subject to the UK Data Protection Act 1998
and is registered in the UK with the Information Commissioner to process your personal
information. Our primary goal in collecting personal information from you is to
give you an enjoyable customised experience whilst allowing us to provide services
and features that most likely meet your needs. We collect certain personal information
from you, which you give to us when using our Sites and/or registering or subscribing
for our products and services. We also collect certain personal data from other
group companies to whom you have given information through their websites. If you
do not want us to continue using this information please notify via Support Centre
www.affiliatefuturesupport.co.uk.
Any personal information supplied to IBG Ltd as part of this registration
process and/or any other interaction with IBG Ltd will be collected,
stored and used by IBG Ltd its subsidiaries, related companies
or affiliates in accordance with the Privacy Policy. Please notify us via Support
Centre www.affiliatefuturesupport.co.uk
for a copy of the IBG Ltd Privacy Policy.
- Each Party confirms and undertakes that it has notified under and otherwise does
and will comply with its obligations under the Data Protection Act 1998.
- This agreement constitutes the entire agreement between Affiliate Future
and you. All prior agreements understandings and negotiations and representations
(save for fraudulent misrepresentation) whether oral or in writing are cancelled
in their entirety. The terms of any other electronic communications will not form
part of this agreement.
- This agreement is governed by English law and each party agrees that the courts
of England will have non-exclusive jurisdiction to deal with any disputes arising
out of or in connection with this agreement. Changes to this contract can only be
made in writing. Printed terms and conditions in any additional documents issued
by you or your agent will not be recognised as binding.
- You may not resell, assign or transfer any of your rights under this contract without our written consent. Any attempt to resell, assign or transfer rights without our consent will entitle us to cancel the contract without liability to you. A person who is not party to this contract has no right under the Contracts (Rights & Third parties) Act 1999 to rely upon or enforce any terms of this agreement.
- Affiliate Future is subject to the UK Data Protection Act 1998
and is registered in the UK with the Information Commissioner to process your personal
information. Our primary goal in collecting personal information from you is to
give you an enjoyable customised experience whilst allowing us to provide services
and features that most likely meet your needs. We collect certain personal information
from you, which you give to us when using our Sites and/or registering or subscribing
for our products and services. We also collect certain personal data from other
group companies to whom you have given information through their websites. If you
do not want us to continue using this information please notify via Support Centre
www.affiliatefuturesupport.co.uk.
Any personal information supplied to IBG Ltd as part of this registration
process and/or any other interaction with IBG Ltd will be collected,
stored and used by IBG Ltd its subsidiaries, related companies
or affiliates in accordance with the Privacy Policy. Please notify us via Support
Centre www.affiliatefuturesupport.co.uk
for a copy of the IBG Ltd Privacy Policy.