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APHRODITE CHOCOLATES AFFILIATE AGREEMENT TERM - This Agreement will begin upon acceptance by Aphrodite Chocolates of your Affiliate application and will remain in force until it's termination in writing by either party. INTERNATIONAL AFFILIATES - Aphrodite Chocolates is a UK based company but we welcome applications from international affiliates, however please be aware that all commission payments will be made in UK pounds sterling or (by special arrangement and at our discretion only) in $US Dollars. PAYMENTS AND COMMISSIONS - We operate a 3 tier affiliate program - On acceptance as an Affiliate for this program you will receive or be entitled to:
Subject to the following:
INDEPENDENT ORDER TRACKING - Order tracking is carried out using software owned and operated by, and deployed on a server operated by, an independent third party company, not in the control of Aphrodite Chocolates and works as follows:
STATISTICS & REPORTS - On acceptance into the program, we will provide you with login details, (login url, username, password) to access your exclusive administration panel. Statistics are available, server downtime excepted, providing figures for click-thru, generated sales and commissions due etc, historical data is also available. NOTE: Password security is your responsibility so look after it, we do not accept responsibility for losses due to compromised passwords. ORDER PROCESSING - Aphrodite Chocolates will be solely responsible for the processing of all orders generated from Affiliate links. We reserve the right to reject any order that is incomplete or is potentially fraudulent or does not comply with our operating procedures, Terms & Conditions of Sale and/or general trading policies, as may be amended from time to time. PERMITTED MARKETING PRACTICES - You may use any of the following methods to promote Aphrodite Chocolates products:
This is not an exclusive list and as a general rule, if you intend using any promotion methods not listed here, email us for approval first. Failure to do so may place you in breach of this agreement, see PROHIBITED ACTIVITIES clause below. PROHIBITED ACTIVITIES - We value our good name and as a matter of policy we do not approve of, or condone Spam or indiscriminate mass unsolicited e-mail marketing or any other form of promotion or marketing which may be deemed spamming or in any other way questionable. The use of any of these methods are expressly prohibited. Including, but not exclusive to:
This policy will be rigorously enforced and any Affiliate found to be in contravention for any reason whatsoever will be subject to immediate termination without compensation, and will forfeit all outstanding commissions. Furthermore, we reserve the right to pursue damages for defamation of good name by any means available to us. TERMINATION - Both parties to this agreement may terminate it at any time, by giving the other party written notice of termination. On termination, all outstanding commissions accrued up to the termination date less any deductions for chargebacks, refunds or fraudulent orders, will be paid to you, the affiliate, within 90 days of the termination date unless the affiliate is in contravention of the PROHIBITED ACTIVITIES clause in which case the conditions and remedies contained therein may apply. MODIFICATION - It is not our intention to make, nor will we institute, any changes which will retroactively affect the value of commissions legitimately earned by affiliates. However in all other instances, Aphrodite Chocolates may modify all or any or part of the terms and conditions contained in this Agreement at any time and at our sole discretion. Changes will be notified by posting notice of any changes and/or an entire new agreement on this website. Modifications may include, for example, changes in the scope and/or value of future commissions, discounts, payment procedures and Program rules. IF YOU DEEM ANY MODIFICATION UNACCEPTABLE, YOU MAY TERMINATE THIS AGREEMENT AT ANY TIME. YOUR CONTINUED PARTICIPATION IN APHRODITE CHOCOLATES AFFILIATE PROGRAM FOLLOWING THE POSTING OF A NOTICE OF CHANGE OR NEW AGREEMENT ON THIS WEBSITE WILL CONSTITUTE BINDING ACCEPTANCE OF ALL CHANGES WITHOUT EXCEPTION. LIMITATION OF LIABILITY - Aphrodite Chocolates will not be liable for any indirect, special or consequential damages, or loss of any description, arising in connection with this Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the sum of the total commissions (less any refunds, fraudulent purchases or chargebacks) paid or payable under to this Agreement. GOVERNING LAW - This Agreement shall be governed by and construed in accordance with English law and all parties submit to the exclusive jurisdiction of an English court in the county of Essex in England and irrevocably consent to the jurisdiction of such court. You may not assign this Agreement, by operation of law or otherwise, without Aphrodite Chocolates prior written consent. Subject to that restriction, this Agreement will be binding on, inure 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. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. 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 OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THIS PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT. By submitting the Affiliate Application Form, you acknowledge that you have read this affiliate agreement and agree to all its terms and conditions and that you have independently evaluated this programme and are not relying on any representation, guarantee, or statement other than as set forth in the affiliate agreement. NOTE: We reserve the right to refuse any application we consider to be unsuitable. DATED: affiliate MODIFICATION DATE: NONE |