BN Carthew - Affiliate Program

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Terms and Conditions
	To be an authorized affiliate of BNCarthew, you agree to abide by the terms and conditions contained in this agreement. Please read this agreement carefully before registering and using the BNCarthew service as an affiliate. By signing up for the BNCarthew and/or Design 29 affiliate program, you indicate your acceptance of this agreement and its terms and conditions. BNCARTHEW BNCARTHEW AFFILIATE PROGRAMME MEMBERSHIP AGREEMENT Please read this agreement carefully before registering and using the Service. By clicking the "I have read and accept the BNCarthew Affiliate Programme Membership Agreement" box at the bottom of the signup page, you indicate your acceptance of this Agreement and its terms and conditions. If you do not accept these terms and conditions you will not be allowed to participate in the Service. 1. INTRODUCTION AND DEFINITIONS 1.1 This Service Membership Agreement (the "Agreement") is made between BNCarthew, (Company Number 00000000) (“BNCARTHEW”) and you, as user of the “BNCarthew Affiliate Programme” (“the Affiliate”). 1.2 In this Agreement, the following words and expressions shall have the following meanings: 1.2.1 “Affiliate’s Account”: the account set up for each Affiliate by BNCARTHEW for the purposes of tracking and accumulating Commission earned by that Affiliate; 1.2.2 “Affiliate Property”: any Affiliate Website, or other venues for the display of Links, to the extent approved by BNCARTHEW and Merchant; 1.2.3 “Affiliate Website”: the specific websites that an Affiliate shows to BNCARTHEW and Merchants as the location of Links, to the extent that such websites are approved by BNCARTHEW and the Merchants; 1.2.4 “Applicant”: an entity that wishes to become an Affiliate; 1.2.5 “Code of Conduct”: the obligations and covenants of the Affiliate detailed on the Schedule (as amended from time to time) which are a condition of the Agreement; 1.2.6 “CPA” (commission per acquisition): a Commission payment contingent on a Visitor reaching a Merchant’s Website through a Valid Click, and purchasing goods or services from the Merchant in the Relevant Period; 1.2.7 “CPC” (commission per click): a Commission payment contingent on a Visitor reaching a Merchant’s Website through a Valid Click, regardless of whether the Visitor subsequently purchases any goods or services from the Merchant; 1.2.8 “Commission”: the monies (either following a valid CPC or CPA) earned by an Affiliate in exchange for directing Visitors to a Merchant’s Website; 1.2.9 “Links”: the hyperlink references (whether text, button, banner, or any other acceptable format) from Affiliate Properties to Merchant Websites; 1.2.10 “Merchant”: the person or entity selling goods or services online or using the internet to raise its profile which has entered into a contract with BNCARTHEW to participate in the Service, and to pay Commission to BNCARTHEW; 1.2.11 “Merchant’s Website”: any website owned or operated by the Merchant which sells goods or services to Visitors or endeavours to raise the Merchant’s profile; 1.2.12 “Relevant Period”: the time period which will determine whether an Affiliate earns a Commission following a Visitor’s purchase from a (CPA) Merchant. The Relevant Period will be agreed, on a case by case basis between the Merchant and BNCARTHEW; 1.2.13 “Service”: the online marketing system known as “Affiliate Window” which is provided by BNCARTHEW whereby BNCARTHEW introduces Affiliates to the Merchants so that the Merchants can increase online sales and raise their profile; 1.2.14 “Service Website”: means BNCARTHEW’s extranet system which operates the Service; 1.2.15 "Visitor": means any person or entity that clicks on a Link; 1.2.16 "Valid Click”: a click which a bona fide Visitor voluntarily makes on a Link within an Affiliate Property, in order to access a Merchant’s Website. Valid Clicks only include clicks consistent with this Agreement and the Code of Conduct. 1.3 In this Agreement unless the context otherwise requires, reference to: 1.3.1 the singular shall include reference to the plural and vice versa; 1.3.2 any gender shall include references to the other, and words importing a gender shall include every gender; 1.3.3 a "person" includes an individual, company, limited liability partnership or partnership; 1.3.4 a statute, enactment, order, regulation or other similar instrument shall be construed as a reference to it as from time to time amended, consolidated or re-enacted and includes all instruments or orders made under such enactment. 2 JOINING BNCARTHEW 2.1 The success of the Service requires that BNCARTHEW maintains high standards for participating Affiliates. BNCARTHEW therefore screens all Affiliate applications. 2.2 To apply to join BNCARTHEW, an Applicant must complete the application procedure. 2.3 Each Applicant must provide the domain names of all websites on which it seeks to place Links. If the Applicant proposes to use other methods to place Links, the Applicant must disclose details of those methods to BNCARTHEW. 2.4 Each Applicant must submit a valid credit card number and pay a £5 administrative fee to BNCARTHEW. If the Applicant becomes an Affiliate, this fee will be credited to the Affiliate’s Account and can be withdrawn when the Affiliate’s Account credit meets the minimum threshold (in accordance with clause 5.5). If BNCARTHEW rejects the Applicant, then BNCARTHEW will retain the administrative fee. 2.5 Each Applicant must provide BNCARTHEW with its physical address. PO boxes and other mail forwarding services are not allowed. 2.6 If the Applicant is a company or LLP, the Applicant must inform BNCARTHEW of its registered office and registration number. 2.7 Applicants may only participate in the network after attaining 18 years of age. If an Applicant has not reached the age of 18, a parent or legal guardian must give BNCARTHEW his/her consent to the Applicant participating as an Affiliate. 2.8 BNCARTHEW will decide at its discretion whether any Applicant will be permitted to become an Affiliate. BNCARTHEW’s decision will be final and not subject to scrutiny or challenge. 2.9 If BNCARTHEW accepts an Applicant’s application, BNCARTHEW will set up an Affiliate’s Account for that Affiliate. The Affiliate may then apply to Merchants to participate in their programmes. BNCARTHEW cannot guarantee which Merchants will accept which affiliate or what terms or Commission those Merchants will offer. 2.10 Each Affiliate may only operate one Affiliate’s Account. 2.11 It is each Affiliate’s responsibility to (if necessary) register for VAT, and once registered to promptly inform BNCARTHEW of its VAT registration number. 2.12 BNCARTHEW may monitor the Affiliate Properties and any Links. 2.13 BNCARTHEW may from time to time offer Affiliates the opportunity to participate in other “affiliate marketing” applications which BNCARTHEW may organise. Those Affiliates which participate in such applications acknowledge that they will be bound by separate terms and conditions which pertain to the application in question. Unless such terms and conditions expressly say to the contrary the terms and conditions of the application will override the terms of this Agreement. 3 THE AFFILIATE’S OBLIGATIONS 3.1 An Affiliate may place links only on its Affiliate Properties, including its Affiliate Websites and any other venues provided to and approved by BNCARTHEW. Subject to the provisions of this Agreement, each Affiliate may at any time place and remove whatever Links it so elects. 3.2 Links must not mislead Visitors. Links may only be placed with the intention of delivering Valid Clicks. 3.3 Affiliates must not “spam” or use unsolicited email. If BNCARTHEW discovers that an Affiliate is “spamming” or using unsolicited email, BNCARTHEW will immediately terminate that Affiliate’s participation in the Service. Affiliates must not place Links in newsgroups. 3.4 BNCARTHEW will provide each Affiliate with a password which the Affiliate agrees to keep secure. 3.5 The Affiliate agrees not to select the name of another person with the intent to impersonate that person or deceive other users as to the Affiliate’s true identity. 3.6 The Affiliate agrees to provide BNCARTHEW accurate, complete and non-misleading information regarding the Affiliate’s identity and practices. 3.7 The Affiliate agrees to keep its submissions to BNCARTHEW up to date, including updates as to Affiliate Properties and the placement of Links. 3.8 The Affiliate acknowledges that BNCARTHEW shall act upon any information or instructions that BNCARTHEW reasonably believes comes from the Affiliate. BNCARTHEW shall not be liable to the Affiliate if it transpires that such information has come from another source. 3.9 The Affiliate shall immediately notify BNCARTHEW by email at support@affiliatewindow.com if: 3.9.1 the Affiliate believes that any unauthorised use has or may be made of the password referred to in clause 3.4; 3.9.2 the Affiliate suspects or is aware of any other actual or possible abuses of the Service. 3.10 The Affiliate agrees not to disrupt the Service by hard coding any banners or buttons which the Merchants may make available to the Affiliate. Any breach of this clause 3.10 will: 3.10.1 lead to Visitors receiving inaccurate information and the Service consequently being brought into disrepute; 3.10.2 entitle BNCARTHEW to terminate the Agreement pursuant to clause 10.3. 3.11 All content that the Affiliate provides to and uses in connection with the Service must be owned by the Affiliate. 3.12 The Affiliate must ensure that it has all necessary registrations and consents to participate in the Service. This includes, but is not limited to, registration with the Financial Services Authority. It is the Affiliate’s responsibility to take its own independent advice as to which consents are required. BNCARTHEW will not advise any Affiliate. The Affiliate covenants to adhere to any such regulatory requirements whilst participating in the Service. 4 CODE OF CONDUCT 4.1 The Affiliate covenants with BNCARTHEW to adhere to the Code of Conduct. 4.2 BNCARTHEW reserves the right to modify and update the Code of Conduct from time to time so that the Code of Conduct reflects, to the extent possible, ethical practice in light of changing technology. BNCARTHEW will place the updated Code of Conduct on the Service Website. It is the Affiliate’s responsibility to review the Code of Conduct and remain aware of such changes. 4.3 The Affiliate agrees to adhere to any additional code of conduct or terms of business which any Merchant may require those Affiliates which participate in that Merchant’s affiliate programme to adhere to. 5 PAYMENT 5.1 Once: 5.1.1 a Visitor makes a Valid Click (for CPC relationships); 5.1.2 a Visitor makes a Valid Click and purchases a good or service from the Merchant within the Relevant Period which is subsequently validated by the Merchant (for CPA relationships); 5.1.3 then BNCARTHEW will endeavour to procure that the Merchant in question remits the Commission to BNCARTHEW so that BNCARTHEW can then place the Commission into the Affiliate’s Account. 5.2 The Merchants will be invoiced by BNCARTHEW twice each month. Accordingly payment should be made by the Merchant in question to BNCARTHEW by the end of the month in which validation occurs. If the Merchant pays BNCARTHEW’s invoice then payment will be made by BNCARTHEW to the Affiliate during the following month. Time shall not be of the essence regarding these payments. The Affiliate shall not be entitled to receive any interest that accrues on these sums while they are deposited with BNCARTHEW. 5.3 All statistics are collected and calculated by BNCARTHEW and these will be the only valid statistics used by BNCARTHEW when determining whether Commission is payable. 5.4 If such payments are not “banked” by the Affiliate within six months of deposit into the Affiliate’s Account then BNCARTHEW will be entitled to retain such monies. 5.5 Commission shall not be paid to the Affiliate if the balance of the Affiliate’s Account is less than (if paid by credit transfer) £25 or (if paid by cheque) £100. Any amounts below these thresholds shall remain in the Affiliate’s Account. 5.6 BNCARTHEW is a facilitator, arranging payment of the Commission to the Affiliates. If BNCARTHEW cannot recover monies from the Merchant then BNCARTHEW will be under no obligation to remit Commission to the Affiliate. 5.7 The Affiliate recognises that a Merchant may change or discontinue Commission payments at any time. Each Merchant is responsible for informing its affiliates of any such changes. 6 DATA PROTECTION 6.1 BNCARTHEW will pass data about the Affiliates to Merchants. The Affiliate pursuant to the Data Protection Act 1998 gives its consent for such data to be disclosed. 6.2 The Merchants have covenanted to BNCARTHEW to abide by the provisions of the Data Protection Act 1998 with regard to the personal data pertaining to the Affiliates which BNCARTHEW discloses to the Merchants but BNCARTHEW will accept no liability for the acts and omissions of the Merchants in this regard. 7 RESERVATION OF RIGHTS 7.1 BNCARTHEW reserves the right to modify this Agreement at any time. Furthermore, BNCARTHEW may add to, change, suspend or discontinue any aspect of the Service at any time. In either case BNCARTHEW will notify the Affiliate via email, newsletter or the Service Website of such changes. On receipt of such notice, the Affiliate may immediately withdraw from the Service by giving BNCARTHEW written notice. If no such notice is given to BNCARTHEW within one week, then the Affiliate will be deemed to have consented to the changes. 7.2 Notwithstanding the provisions of clause 7.1 BNCARTHEW may update the Code of Conduct as prescribed in clause 4.2. In such circumstances the Affiliate will not be entitled to terminate the Agreement. 7.3 BNCARTHEW reserves the right to charge a monthly administrative fee if in any six month period, the Affiliate earns no Commission AND the Affiliate does not log into or access its Affiliate’s Account. This fee will be deducted from the Affiliate’s Account. If the Affiliate’s Account balance then reaches zero, BNCARTHEW may terminate this Agreement. 7.4 BNCARTHEW reserves the right to review the Affiliate Website to confirm the Affiliate’s compliance with the terms of this Agreement. 7.5 If BNCARTHEW discovers a breach of this Agreement, BNCARTHEW may suspend the Affiliate’s Account and/or remove or disable any Links. In such circumstances, pursuant to clause 10.3, BNCARTHEW may withhold any money that would otherwise be due to the Affiliate from use of the Service prior to termination. 7.6 If a Valid Click is made to a Merchant’s Website which has been closed or is for any other reason inaccessible, BNCARTHEW reserves the right to redirect the Visitor to a suitable alternative operational Merchant’s Website, provided that the Affiliate is associated with that alternative programme. This will not affect the payment of any Commission. 8 LIMITATION OF LIABILITY AND INDEMNITY 8.1 The Service, its use and the results of such use are provided "as is" to the fullest extent permissible pursuant to applicable law. BNCARTHEW disclaims all warranties express or implied, including, but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose, in relation to the Service, its use and the results of such use. Without limiting the foregoing, BNCARTHEW specifically disclaims any warranty (a) that the Service will be uninterrupted or error-free, (b) that defects will be corrected, (c) that there are no viruses or other harmful components, (d) that the security methods employed will be sufficient, or (e) regarding correctness, accuracy, or reliability. The Service relies on the performance of third parties beyond BNCARTHEW’s control. 8.2 BNCARTHEW shall not be liable for (i) any indirect, special, incidental or consequential loss of any character arising out of the use of or inability to use the Service or any information provided on the Service Website or any other hyperlinked website, including, without limitation, damages for loss of goodwill, lost profits, business interruption, loss of programmes or other data on Affiliate’s information handling system or otherwise, even if BNCARTHEW has been advised of the possibility of such damages or (ii) any claim attributable to errors, omissions or other inaccuracies in the Service Website or any hyper linked website. 8.3 BNCARTHEW is the neutral host of the Service and has no responsibility or liability in relation to the arrangements that are entered into with Merchants as part of the Service. No warranty can be made as to the performance of the Merchants or the number of Visitors that any Affiliate Website may receive. 8.4 Nothing in this clause 8 excludes liability for fraudulent misrepresentation or death or personal injury caused by BNCARTHEW’s negligence. 8.5 The Affiliate will indemnify, defend, and hold harmless BNCARTHEW and its, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable legal fees) directly or indirectly arising from or relating to any matter related to this Agreement or the subject matter hereof and any dispute relating thereto. 8.6 BNCARTHEW makes no representations and gives no warranties whatsoever about any other website which may be accessed through the Service. In addition, a link to a website not owned or under the control of BNCARTHEW does not mean that BNCARTHEW endorses or accepts any responsibility for the content or the use of such website. 9 DISCLOSURE AND COLLECTION OF INFORMATION AND CONFIDENTIALITY 9.1 The following information may be posted on the Service Website: 9.1.1 the Affiliate’s identity as one of the entities that has subscribed to the Service; 9.1.2 any information (other than information expressly marked as being confidential) that is disclosed by the Affiliate to BNCARTHEW. 9.2 In order to enable BNCARTHEW to improve, promote and/or market the Service, BNCARTHEW may produce statistics or summaries relating to the use of the Service. None of this information shall identify the Affiliate. 9.3 BNCARTHEW may contact the Affiliate by email, telephone or post for feedback regarding the Service. 9.4 BNCARTHEW shall keep all information submitted by the Affiliate confidential except as provided within this Agreement. 9.5 The confidentiality obligations in this clause 9 shall not apply to the following information: 9.5.1 any information which comes into the recipient party’s possession (from someone other than the party disclosing the information in question) with no obligation of confidentiality attached; 9.5.2 any information which is disclosed with the prior approval of the disclosing party; 9.5.3 information which is either in the public domain or comes into the public domain through no act or omission of the party receiving the confidential information. 9.6 The Affiliate shall keep all information disclosed to the Affiliate by BNCARTHEW relating to BNCARTHEW’s business or affairs or the business or affairs of any Merchant or any potential Merchant strictly confidential unless one of the exceptions stated in clause 9.5 shall apply. 10 TERM AND TERMINATION 10.1 This Agreement shall commence on the date of this Agreement. 10.2 This Agreement may be terminated by either party at any time if one month’s written notice is given. 10.3 Either party may terminate the Agreement immediately if the other party is in breach of its obligations. In accordance with clause 7.5, if Affiliate is in breach, BNCARTHEW shall retain any Commission that would otherwise be due to the Affiliate. 10.4 If the Affiliate is in breach of any of the provisions of clauses 3 and 4 and a Merchant consequently asks BNCARTHEW to remove the Affiliate from that Merchant’s programme, then BNCARTHEW will immediately suspend that Affiliate’s membership of that Merchant’s programme. At its discretion, BNCARTHEW may permit the Affiliate to continue to participate in other Merchants’ programmes. 10.5 If the Affiliate accepts that if it (as a member of the network) acts fraudulently then BNCARTHEW shall terminate the Agreement and in addition to the provisions of clause 10.3 will also be entitled to retain the balance in the Affiliate’s Account. 10.6 The termination of this Agreement shall not limit the enforceability of any of the rights or obligations of the parties that accrued before the termination date. 11 CONSEQUENCES OF TERMINATION 11.1 Upon the termination of the Agreement, the Affiliate shall immediately remove all Links from its sites. The Affiliate shall not be entitled to any Commission made on sales after the termination date. 11.2 Clauses 9.6, 11.3 and 11.4 shall survive the termination of this Agreement. 11.3 The Affiliate shall acquire no rights following the termination of this Agreement to use any (1) registered or unregistered trade marks or design rights, (2) domain names, (3) any text, or images, banners, (4) any other works created by or for BNCARTHEW or the Merchants. 11.4 The Affiliate covenants to BNCARTHEW that for the six months following the termination of this Agreement, the Affiliate will not have any commercial dealings with any Merchant which the Affiliate has been introduced to via the Service. 12 GENERAL 12.1 This Agreement is personal to the Affiliate. 12.2 Except as provided for in clause 7.1, all notices proceedings or other formal documents to be served by either party on the other shall be delivered by hand or by recorded delivery to the other’s address and all notices shall be deemed to be received upon delivery. 12.3 This Agreement sets out the entire agreement and understanding between the parties. No other representation or statement (excluding those which are fraudulent), whether or not in writing, shall form a term of this Agreement. 12.4 Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labour conditions, earthquakes or any other cause which is beyond the reasonable control of such party. 12.5 This Agreement is governed and construed in accordance with the laws of England. The parties submit to the exclusive jurisdiction of the English courts. 12.6 No third party shall acquire rights pursuant to the Contracts (Rights of Third Parties) Act 1999. CODE OF CONDUCT This Code of Conduct (as amended from time to time by BNCARTHEW) is part of the BNCARTHEW Service Membership Agreement (as amended from time to time) “Agreement” and uses the same definitions. If an Affiliate breaches these rules, then BNCARTHEW may terminate the Agreement or the Affiliate’s participation in a particular Merchant’s BNCARTHEW affiliate programme. Pursuant to clause 10.3 of the Agreement, BNCARTHEW may also withhold Commission from the Affiliate. 1 Content of Affiliate Website 1.1 An Affiliate may place Links on its Affiliate Website, after providing the domain names of any website to BNCARTHEW. If an Affiliate seeks to place Links in any other location, the Affiliate must provide that location to BNCARTHEW and obtain BNCARTHEW’s permission for the use of such placements. 1.2 The Affiliate agrees not to provide BNCARTHEW with any information or material that infringes the rights of any other person (including any intellectual property rights). The Affiliate further acknowledges to at all times respect the intellectual property and other rights of BNCARTHEW and the Merchants. 1.3 Each Affiliate Website must reflect favorably on BNCARTHEW and Merchants. Affiliates agree not to provide, promote, distribute, place or otherwise publish any content which is libellous, defamatory, obscene, pornographic, abusive, or otherwise objectionable, fraudulent or violates any law. Affiliates further agree not to place Links on any websites that are pornographic (or display pornographic material or advertisements); that promote or condone violence, bigotry or hatred; or that promote any illegal activity including (but not limited to) warez, cracking, ROM or emulator sites, or hacking. As BNCARTHEW is not in a position to review all information provided or used by Affiliates, each Affiliate remains solely responsible for the content of its website. 1.4 Each Affiliate Website must conform to good advertising practices. Affiliates must not support, advertise, or promote downloadable advertising software (commonly known as “adware” or “spyware”), whether by promoting those applications on any Affiliate Website or in any other way. 1.5 Affiliates must ensure that any information on the Affiliate Website which refers to any goods or services sold by any Merchant is accurate, comprehensive and not misleading. 2 Manipulation of the Service 2.1 Affiliates must act ethically and reasonably in their use of the Service and their provision of Visitors to Merchants. Affiliates must not do anything (or cause or permit anything to occur) which will cause any Merchant to pay Commission to an Affiliate on sales made by the Merchant which the Affiliate did not procure legitimately. 2.2 Commission is only due to an Affiliate when the Affiliate procured a Visitor who actually and intentionally accessed the Merchant’s Website by means of a Valid Click from an Affiliate Property. 2.3 Affiliates must not use spyware, adware, malware, robots, forced clicks, automatic openings, automatic cookie dropping, or cookie stuffing. 2.4 Each Affiliate is responsible for the quality and origin of the traffic it provides to the Service and to the Merchants. Pursuant to clause 1.1 of this Code of Conduct, traffic origins must be disclosed to BNCARTHEW. Even if BNCARTHEW grants an Affiliate permission to acquire traffic through third party suppliers, the Affiliate remains responsible for the quality and origin of that traffic. 2.5 Affiliates must not place any software on a Visitor’s personal computer which may override cookies or promote or display Links (whether “adware,” “spyware,” “shopping assistant,” “price comparison,” “reminder,” or otherwise), nor may Affiliates use any such software placed by others. 2.6 Affiliates must not purchase, license, or operate any domain name which is confusingly similar to the URL of any Merchant’s Website. 2.7 These prohibitions are not exhaustive. If an Affiliate violates the spirit of these requirements, or if BNCARTHEW otherwise regards an Affiliate’s behaviour as unethical, BNCARTHEW may terminate that Affiliate’s participation in the Service and withhold Commission pursuant to clause 10.3 of the Service Agreement. BNCARTHEW’s decision in this regard will be final and not subject to scrutiny or challenge.
	I have read, understand and agree to the above terms and conditions.

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