Affiliate - Standard Terms and Conditions of Business

Amber etc... Ltd reserves the right to amend and update these Terms and Conditions at any time giving notice of when changed terms are posted on the Amber etc... Ltd website via the Affiliate Control Area or in an email/newsletter.

1. COMMENCEMENT AND TERMINATION.

This Agreement shall come into force upon your acceptance as an Affiliate and shall remain in effect until terminated.

The Affiliate is entitled to terminate this Agreement with immediate effect at any time. The Affiliate must cease to use the service immediately upon the termination of this Agreement and delete all links to Linked Websites and, for the avoidance of doubt; the Affiliate shall not be entitled to receive any Commission on any Referrals made after the termination date.

Amber etc... Ltd is entitled to terminate this Agreement and/or suspend the Affiliate from www.JewelleryMarketPlace.co.uk Affiliate service at any time, giving reasonable notice where possible. In the event of Affiliate fraud or suspected criminal activity Amber etc... Ltd is is entitled to terminate and/or suspend the Affiliate from the Program without any notice.

The Affiliate shall acquire no rights following the termination of this Agreement to use Intellectual Property Rights of Amber etc... Ltd including domain names or any text, or images, banners or any other works created by or for Amber etc... Ltd.

2. PAYMENT.

2.1 Payment Models

Amber etc... Ltd will make payments to all affiliates under one model:

a) Standard Model (Default)

Amber etc... Ltd undertakes to make payments to affiliates on this payment model 6 weeks after the end of the month in which they have made a sale. Affiliates on this payment model will be sent invoice request with the amount due to the affiliate. Payment will be made to the affiliate by PayPal to the address provided by affiliate in their affiliate management tab.

2.2 GENERAL.

Payment is only made to Affiliates in the UK that have a minimum balance of £25 (twenty-five pounds) in their account. All Affiliates outside of the UK have to reach a minimum balance of £50 (fifty pounds) in their account before payment is made. Affiliates who do not meet the minimum balance requirements will not be eligible for payment until it has been reached. Furthermore any account that has had no activity (clicks, sales etc.) for a period of 6 calendar months will be deemed to be abandoned and Amber etc... Ltd will apply a variable account closing charge up to the maximum of £25. The charge will never be greater than the balance in the account.

Affiliates will receive payment for any action that is payable as set out by Amber etc... Ltd.

Affiliate payments will only be made when funds are cleared and retainer period for returns/exchange elapsed.

In the event of affiliate system problem that you have not had prior warning about it will be up to the sole discretion of Amber etc... Ltd as to what compensation, if any, is to be paid. No compensation will be made for sales from the time Amber etc... Ltd has made due notice of the problem in its Affiliate Control Area and/or via Email.

Amber etc... Ltd will provide the Affiliate with a detailed time reporting system showing commission that is pending, approved or void. The Affiliate agrees to regularly check his reports to ensure that the commission shown is correct. Amber etc... Ltd accept no responsibility for any errors or omissions and their consequential implications which are not notified to us in writing within a 4 week period. This four week period begins on the day that the sale/action which generates the commission took place. The exception to this is where the affiliate program operates on a batch reporting system and not in real time. Where that is the case, the four week period begins when the batch report which includes the day that the sale/action generating the commission took place is uploaded by Amber etc... Ltd . While Amber etc... Ltd will do everything we can to correct any errors or omissions which may occur, we will not be liable for any of these which are not brought to our attention within the 4 week period as detailed above.

In the event of any Affiliate fraud, all transactions in the Affiliates account will be reversed. In addition Amber etc... Ltd may recover any payments made before fraud has been detected. We also reserve the right to take legal or criminal action against the companies and individuals involved.

In the event of suspected fraud, payment to an Affiliate's account will be stopped and the Affiliate will be asked to provide additional information as to how they have been promoting the Merchants to ascertain where any rules or program terms may have been broken. Failure to comply will result in monies being withheld and the Affiliate's account being terminated.

Amber etc... Ltd require that all Affiliates supply an invoice before payment will be made. This must be done online via our control area. All invoices must include full legal trading details where appropriate. Nothing in this Agreement shall create or be deemed to create, a partnership or relationship of employer and employee between Amber etc... Ltd and the Affiliate.

Any Affiliate outside of the United Kingdom to whom we pay regular or one off large sums of money may be asked to provide information in compliance with Money Laundering Regulations. Failure to comply will result in monies being withheld.

The Affiliate is responsible for the payment of all tax and national insurance payable on any payments made to him/her by Amber etc... Ltd .

3. SUB-LICENCES.

Amber etc... Ltd grants to You a revocable, non-transferable, royalty free, international sublicense to display and Link to www.JewelleryMarketPlace.co.uk  Web site or Web site content, and all trademarks, service marks, trade names, and/or copyrighted material ("Content"), from each of Your Web Sites and/or subscription e-mail for the limited purposes of Promoting www.JewelleryMarketPlace.co.uk Program and subject to the terms and conditions of this Agreement. The foregoing rights are sub-licensable by You to Your Sub-Publishers only if authorised by Amber etc... Ltd written permission. Your/Your Sub-Publisher's sub-license is conditioned upon You/Your Sub-Publishers'(as the case may be): (a) not otherwise copying nor modifying, in any way, any icons, buttons, banners, graphics files or Content that is made available to You through the Network Service pursuant to the such sublicense; and (b) not removing or altering any copyright or trademark notices.

You grant to Amber etc... Ltd a revocable, non-transferable, royalty free, international license to display on and distribute from Amber etc... Ltd Web site Content that You provide to Amber etc... Ltd through the Network Service for the limited purposes of promoting You to Advertisers, subject to the terms and conditions of this Agreement and the Advertiser's Advertiser Service Agreement. The right to display such Content sub-licensable by Amber etc... Ltd to Your Advertisers, for the limited purpose of advertising that You are a member of Amber etc... Ltd Affiliate Program. Your Advertisers may not distribute and/or sublicense Your Content unless authorized by Your written permission. Amber etc... Ltd and sub-licensees shall not otherwise copy nor modify, in any way, any Content that You have made available through the Network Service pursuant to the foregoing license. Amber etc... Ltd and the sub-licensees may not remove or alter any copyright or trademark notices.

4. INDEMNIFICATION.

The Affiliate shall keep Amber etc... Ltd indemnified against any claims for damages or other claims for compensation arising from the contents of the Affiliate's website or any incorrect information given to Amber etc... Ltd by the Affiliate. The Affiliate shall also compensate Amber etc... Ltd for any other damages or costs caused by the Affiliate's improper, negligent or unauthorised use of Amber etc... Ltd service and technical problems or loss of data caused by the Affiliate on Amber etc... Ltd website or on any website to which the Affiliate is linked by Amber etc... Ltd .

5. LIABILITY - SYSTEM FAILURE, VIRUSES, DAMAGES, DOWNTIME.

Amber etc... Ltd shall not be liable to the Affiliate for defects in the service, interruptions in the accessibility to the service, infringements on data or loss of data on the information handling system, defects in the security system or viruses or other harmful software components, loss of profits, contracts, loss of reputation, loss caused by any third party deleting, removing, deactivating or tampering with the Affiliate Tracking Service or other indirect or consequential loss whether arising from negligence, breach of contract or whatsoever.

6. LIABILITY LIMITS.

Amber etc... Ltd cannot guarantee or warrant the performance of www.JewelleryMarketPlace.co.uk website. Amber etc... Ltd shall not be liable for any error in the implementation of the links on the Affiliate's website or for the specified function of the links.

7. LEGAL CONTENT AND APPROVAL.

The Affiliate is solely responsible for his/her website/blog and all its contents and shall ensure that they conform at all times to all applicable laws and regulations. If the Affiliate is based outside of the United Kingdom then they must also undertake to ensure their website is compliant with the laws of the United Kingdom.

The Affiliate shall not use his/her links with any website/service that is not registered with or notified Amber etc... Ltd. From time to time Amber etc... Ltd will limit the use of its program to certain websites, if an Affiliate has only been approved for certain websites/services then the affiliate must not use these links on un-approved websites/services.

Affiliates agree to comply and abide by any additional terms or restrictions added by the Merchants via the Affiliate Control Area. Updates or changes to these terms or restrictions will be notified by Amber etc... Ltd via the Affiliate Control Area and/or in an email/newsletter.

8. ARTIFICIAL TRAFFIC.

The Affiliate must not in any way generate or contribute to generating Artificial Traffic to Linked Websites.

The Affiliate should not use any means of artificial traffic to gain sales commission, this includes the use of software or products that alter fellow Affiliates link codes or intercept click through traffic from the affiliate to the merchant's site.

The Affiliate may not use links to www.JewelleryMarketPlace.co.uk in software programs without first submitting a full copy of the software for review by Amber etc... Ltd  - Technical Department. If a software program is accepted to promote www.JewelleryMarketPlace.co.uk via Amber etc... Ltd Affiliate Program you must also notify Amber etc... Ltd of any major changes to the way the software program is used. Programs that may not be acceptable include any program that perform functions such as reporting back user activity, displaying adverts over or on sites that belong to us, and programs that interfere with other Affiliates websites in any fashion. If you are in any doubt please contact us so we may audit your program before you join Amber etc... Ltd affiliate program . Any Affiliates using programs to promote www.JewelleryMarketPlace.co.uk should be aware that they could be removed without notice.

9. COPYRIGHT / INTELLECTUAL PROPERTY. 

Amber etc... Ltd owns all copyrights, trademarks, intellectual property rights, know-how or any other rights connected to the service or software necessary for the service. The Affiliate does not acquire any rights or licences whatsoever under this Agreement other than to use links to Linked Websites on the terms of this Agreement.

10. AFFILIATES INFORMATION E.G. EMAIL, PERFORMANCE STATISTICS.

The Affiliate consents to the publication of the Affiliate's name and web address etc on the Amber etc... Ltd websites and to Amber etc... Ltd sending newsletters etc to the Affiliate's e-mail address and using the information given by the Affiliate for marketing purposes. The Affiliate confirms that in order to enable Amber etc... Ltd to improve and/or to promote or market the service, Amber etc... Ltd may produce statistics or summaries relating to the use of the www.JewelleryMarketPlace.co.uk Affiliate service. Amber etc... Ltd may contact the Affiliate by email, telephone or post for feedback relating to the service including any ways in which it might be improved both for the network and for the individual Affiliate.

11. LEGAL AGE. 

The Affiliate confirms to Amber etc... Ltd that the Affiliate is not a private individual less than 18 years of age. If you are under 18 years old and would like to become an affiliate, you must get a parent or guardian to sign-up on your behalf.

12. APPLICABLE LAW.

Amber etc... Ltd shall not be liable for the legality of Amber etc... Ltd Affiliate program in countries other than the United Kingdom. The Affiliate is solely responsible for the legality of the use of the service if the Affiliate is registered to Amber etc... Ltd affiliate program from a country other than the United Kingdom or if the Affiliate's website is on a server in a country other than the United Kingdom.

This Agreement is subject to the laws of Scotland and shall be subject to the non-exclusive jurisdiction of the Scottish courts.

If any dispute arises out of this Agreement the Parties will attempt to settle it by a mediation procedure as the parties may agree in writing.

 

We take internet fraud very seriously.

If you have noticed any unusual activities promoting this page, please contact our office to investigate. We take fraud seriously and will investigate any claims suggesting inappropriate use of our affiliate program by our affiliates. Contact our office by phone or email our office with relevant information that you think our affiliates may have acted beyond this agreement.