This Agreement contains the complete terms and conditions that apply to an individual's and/or entity's participation in the Total Squash Affiliate Program (hereafter known as the "Program"). As used in this Agreement, "we" refers to Total Squash and "you" refers to the applicant. "Site" refers to a World Wide Web site and, depending on the context, refers either to Total Squash's site ("our site" or to the site that you will link to Total Squash ("your site").
You agree that all information in your application is true and accurate and understand and accept that any false information will result in the termination of your application. Applications are to be considered accepted and approved by us upon remittance by you. You will receive no notification of any sort in any form to confirm the approval. If, however, the application is declined for any reason, you will be notified by email within five business days of the application being declined. If your application is terminated for this or any other reason after it has been accepted, you automatically and immediately forfeit all commissions earned that have yet to be paid to you from the time of termination or decline. This is so because the commissions will have been earned under false pretences and are, therefore, invalid.
You must use the link provided to you by Total Squash no substitutions or alterations are permitted. You are responsible for ensuring that the link is correct and error free. Any errors resulting in the "loss" of potential commissions are your sole responsibility and you will not be compensated for them by Total Squash in any form.
It is against your affiliate agreement to advertise the "Total Squash" URL via unsolicited email. Some people may think that your "spam" email originates from us, damaging our reputation and causing us administrative problems. DO NOT send unsolicited email to promote Total Squash or you will be in violation of your affiliate's operating agreement and your account will be terminated, forfeiting all outstanding referral fees.
We will process product orders placed by customers who follow program specified direct links from your site to our site. We reserve the right to reject orders that do not comply with any requirements that we may establish periodically. These requirements will be made known to you as they are established and full compliance is expected and required. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, process payments, cancellations, and refunds, and handle customer service. We will track sales made to customers who purchase products using special links from your site to our site and will send you periodic reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time at our discretion. To ensure accurate tracking, reporting, and fee accrual, you must ensure that the special links between your site and our site are properly formatted.
We will pay you referral fees (commission) on product sales to third parties. For a product sale to generate a referral fee, the customer must follow a special link (in the format specified by Total Squash) from your site to our site, purchase the product using our automated ordering system, and remit full payment to us. We will not, however, pay referral fees on any products that are purchased by a customer after the customer has left and re-entered the site (other than through a special link from your site), regardless of whether or not the customer previously followed a link from your site to our site. The Program is intended for commercial use only, and you may not purchase products through the Program for your own use. Such purchases may result (at our sole discretion) in the withholding of referral fees or the termination of this agreement.
You will earn referral fees based on the number of members (as defined above), according to fee schedules to be established by us. Any discount issued to a customer for any reason (as determined and issued solely by us) will be deducted from the commission due and will, therefore be reflected in your referral fees.
We will pay you referral fees on a quarterly basis insofar as the fees meet our minimum payment criteria. Approximately 30 days following the end of each quarter, we will send you either a cheque or pay the amount directly into your bank account (UK affiliates only) for the referral fees earned on products that were sold during the previous quarter, not including any charge backs made by the customers prior to the end of the period. If a product that generated a referral fee is returned by the customer after payment has been made to you, we will deduct the corresponding fee from your next payment. If there is no subsequent payment, we will send you a bill for the fee. You are solely responsible for the payment of any taxes acquired on fees that are paid to you.
Customers who purchase products through this Program will be deemed to be customers of Total Squash Accordingly, all Total Squash rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time.
We grant you a non-exclusive, fully revocable right to use the Total Squash name and product name as we (at out discretion) grant express permission, solely for the purpose of identifying your site as a Program participant and to assist in generating product sales. You may not modify the link, the product description, or any of our images in any way. We reserve all of our rights to the link, the product description, any other images, our trade names and trademarks, and all other intellectual property rights. You agree to follow our Trademark Guidelines, as those may change from time to time. We may revoke your license at any time by way of an email generated notice.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. You will be specifically and solely responsible for, but not limited to, the following:
The technical operation of your site and all related equipment, creating and posting of a product description on your site and linking that description to our site, the accuracy and appropriateness of descriptions posted on your site (including, but not limited to, all product-related materials), ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, but not limited to, copyrights, trademarks, privacy rights, or other personal or proprietary rights), and ensuring that materials posted on your site are not libelous or otherwise illegal.
We disclaim all liability for these matters. Further, you will indemnity and hold us harmless from all claims, damages, and expenses (including, but not limited to, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
The terms of this agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this agreement at any time, with or without cause, by giving the other party notice of termination generated by email. You are only eligible to earn referral fees on sales of Qualifying Products occurring during the term, and fees earned through the date of termination will remain payable only if the related orders are not cancelled. We may withhold your final payment for a reasonable time (as determined by us) to ensure that the correct amount is paid.
We may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion, by posting a notice of change(s) or a new agreement on our site. IF YOU FIND ANY PORTION OF THIS AGREEMENT TO BE UNACCEPTABLE TO YOU AT ANY TIME, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL BE CONSIDERED TO BE BINDING ACCEPTANCE OF THE CHANGE. YOU WILL BE EXPECTED AND REQUIRED TO ABIDE BY ALL TERMS AND CONDITIONS AS THEY ARE WRITTEN AND APPEAR AT THAT TIME.
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf as we will have no authority to make or accept any offers or representations on your behalf. You will not make any statement, whether on your site or otherwise, that would be contradictory to anything in this section in any way, shape or form.
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this agreement or the Program. This will remain true regardless of if we have been advised of the possibility of such damages. If you feel any damages may occur as a result of this agreement of the Program, it is your responsibility to either terminate the agreement or not enter into it. Further, our aggregate liability arising with respect to this agreement and the Program will not exceed the total referral fees paid or payable to you under this agreement in accordance with the terms and conditions previously outlined for payment of referral fees.
We make no express or implied warranties or representations with respect to the Program or any product sold through the Program (including, but not limited to, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or license usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors in any way shape or form. We will make every effort to inform you in advance of any known and planned interruptions of our site operations. However, these cannot and will not be guaranteed by us; they will be issued as a courtesy to you to allow you to take the appropriate steps to avoid any problems. Sales that were attempted but failed during periods of interruption (announced or otherwise) will not be compensated for by us.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL TERMS AND CONDITIONS CONTAINED HEREIN. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO AND/OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT TO BASE YOUR DECISION TO PARTICIPATE ON. THE SUBMITTAL OF YOUR APPLICATION TO US SIGINIFIES THAT YOU HAVE READ AND AGREE TO THIS AGREEMENT AND ARE BOUND TO ALL TERMS AND CONDITIONS CONTAINED WITHIN IT FROM THAT POINT TO THE POINT OF TERMINATION BY EITHER PARTY.
This Agreement will be governed by The Laws of England Wales and you irrevocably consent to the jurisdiction of said courts. You may not assign this agreement, by operation of law or otherwise, without our prior written explicit consent. Subject to that restriction, this agreement will be binding on, insure to the benefit of, and be 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.
15% of revenue earned from a new member and subsequent member payments.
Payments will only be made at the quarter end calculation when the sum due is equal to or in excess of £20. Any Fees not reaching this minimum criterion within 6 months will be deemed as not payable and the fees due under the affiliate program will be cancelled.
No correspondence will be entered into in relation to agreements cancelled in this way.
You will be paid in Pounds Sterling only.
Payments for UK affiliates will be paid by bank transfer (bank details entered in profile/account page by affiliate). Cheque payments to UK affiliates will be made only at the discretion of badmintron.tv and on application by the affiliate.
Payments to non UK affiliates will be made by cheque only.