To be an affiliate of Festival Wines Online Ltd you agree to abide by the terms and conditions contained in this Agreement. Please read this agreement carefully before registering and using the Festival Wines Affiliate Programme. You must be at least 18 (eighteen) years of age to be an Affiliate and enter into this Agreement.
This Agreement is between Festival Wines Online Ltd (Registered in UK, No. 7975404), registered office Foxmead, Iping Road, Liphook, GU30 7NA (“Festival Wines”) and You, the affiliate.
“Affiliate” means a website owner that is paid a commission for placing links to Festival Wines 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, being a percentage on sales generated by You.
“Link” means a hyperlink placed on an Affiliate Partner’s website that, when clicked on, serves the Festival Wines 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 Affiliate.
“Visitor” means any person, Web surfer or user that clicks on a Link.
You may place and remove Links on Your website or in e-mails at your discretion. You agree that Links shall not be placed in newsgroups or unsolicited e-mail. Links shall be placed in such a way that is not misleading to any Visitor and with the intention of delivering Valid Clicks to Festival Wines.
Commission Payments and Fees
In consideration for You hosting Links on your website Festival Wines will pay You the Commission. The Commission paid will include VAT: it is your responsibility to account for VAT to HMRC on the service that you are providing. Festival Wines may change such commission level or structure or discontinue commission payments at any time and are responsible to inform you of any changes to payouts.
Commission becomes payable 30 days after Festival Wines dispatches an order, this reflects the consumer’s statutory rights. In the event that a customer returns their order or part of their order, it will be cancelled or amended and commission will be adjusted accordingly. Festival Wines will automatically adjust your account for cancelled or amended transactions. Festival Wines is not obliged to inform you of this but on request will attempt to provide a reason for such cancellation or adjustment.
Within 10 business days of the end of the calendar month in which commission becomes payable we will notify you of the total payable. The Commission payable will be paid after a further 5 business days.
You will be paid commission subject to:
- you having supplied your full name, company name (if appropriate), full address, full UK bank or PayPal account details, and a valid UK VAT number (where appropriate); and
- The commission exceeding the minimum payment amount of GBP20.
- Festival Wines may withhold payment for any reason including, but not limited to, suspicion of fraudulent activity.
- If Festival Wines suffers a chargeback by Worldpay/ Streamline or PayPal on a transaction after it has paid out commission, it may recover this from You. A chargeback will normally be recouped against the next commission payable.
- Money credited to your account does not accrue interest.
Application and Registration
Festival Wines reserves the right to determine if a web site shall not be allowed to participate in the affiliate programme. Festival Wines does not have to give reasons for rejecting an application or for revoking an agreement.
You warrant and undertake to provide Festival Wines Online Ltd with accurate, complete and updated registration information at all times.
Term and Termination
This Agreement shall remain in effect until terminated.
This Agreement may be terminated by Festival Wines Online Ltd 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.
Festival Wines will not pay you outstanding Commission if we terminate this Agreement on your failure to comply with the Rules.
Festival Wines Online Ltd reserves the right to amend this Agreement at any time. You will be notified via e-mail, newsletter or the Festival Wines Online Ltd Site of such changes, at which time You may either agree to such changes or withdraw from the Agreement.
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. Festival Wines Online Ltd may assign this Agreement to any successor, affiliate or assign.
This agreement constitutes the entire agreement between Festival Wines Online Ltd 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.
Updated 10 August 2012
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