Terms And Conditions

Affiliate Agreement

This Agreement constitutes the entire terms and conditions that apply to the POBOX Affiliate Programme (the "Programme"). As used in this Agreement, "we" means POBOX Ltd, and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to POBOX's site or to the site that you will link to our site.

1.Application and Approval
To apply to join the Programme, you must submit a complete Programme application, you will automatically be accepted. At our sole discretion we may choose to revoke your membership of the programme and will inform you using the email you provide on application. There are certain grounds on which we revoke membership, they include but are not limited to those that: promote or encourage encourage discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; promote illegal activities; or infringe on the intellectual property rights of others.

2.Order Monitoring
We will monitor and process orders for products placed by customers who follow special links from your site to our site. You will be able to obtain access to reports summarising this sales activity. The form, content, and frequency of the reports may vary from time to time at our sole discretion, it is our intention however to always provide live reports whenever possible, due to technical reasons this may not be available 100% of the time. To enable accurate monitoring, reporting, and commission collection, it is your responsibility to ensure that the special links between your site and our site are properly formatted and include your unique Affiliate ID. When a customer comes to our site from your links, our web server logs your Affiliate ID, and this is used to monitor orders which were referred by your site.

3.Qualifying Products
In order for a product sale to qualify for a commission, the customer must follow a link in the format specified by us from your site to ours; purchase the product using our online ordering system and remit full payment to us - what we call a payable purchase. We reserve the right to reject orders that do not comply with the prevailing requirements which we may impose from time to time , in which event no commission will be payable on such non-qualifying order. We will credit your site for every payable purchase a customer makes.

4.Commissions
You will earn commissions based on the sale price of our products based on rates in force from time to time. The current commission rate is 15% of the listed price (the price listed by the relevant product on our website) for all hosting products featured on our site. In addition we offer commission on "non-core" products, these services tend to be brokered via third parties, and include but is not limited to "Anytime dialup" access, commissions for these products are always available on the "Commissions Examples" page on our website http://www.pobox.co.uk/affiliates/ We will pay commissions on a monthly basis 45 days following the end of the calendar month in which they are earned. Payment will be by cheque for the commissions earned on products that were shipped during the relevant month, less any withholding or other applicable taxes . Commissions due for amounts under £35.00 will be withheld until the total amount due is at least £35.00 or, if earlier, until this Agreement is terminated.

5.Policies and Pricing
Customers purchasing products through this Programme will be treated as customers of POBOX and will be subject to all our rules, policies, and operating procedures concerning customer orders, customer service, and product sales. Our policies and operating procedures may be varied from time to time including the prices of our products in line with our own pricing policies .

6.Your Site
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. Accordingly, you will be solely responsible for ensuring that materials posted on your site are not illegal and do not violate or infringe the rights of any third party including, but not limited to, copyrights, trademarks, privacy, or other personal or proprietary rights. We disclaim all liability whatsoever in respect of these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, legal fees) relating to the development, operation, maintenance, and contents of your site.

7.Term of the Agreement
The Term of this Agreement will commence upon our acceptance of your Programme application and will end when terminated by either you or us in accordance with this Agreement. Either party may terminate this Agreement at any time for any reason by giving the other party written notice of termination. You are only eligible to earn commissions on payable purchases occurring during the Term. Commissions earned prior to the date of termination will remain payable only if the related orders are not cancelled or returned. We may withhold your final payment for a reasonable time in order to calculate adjustments for returns and cancellations.

8.Variation
We may vary any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Variations may include changes in the scope of available commissions, commission schedules, payment procedures, and Programme rules.
If any variation is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the programme following our posting of a change notice or new agreement on our site will constitute binding acceptance by you of the change.

9.No Partnership
Nothing in this Agreement will create or be deemed to 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. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Agreement.

10.Limitation of Liability
We will not be liable for any indirect, special or consequential damages or any loss of revenue, profits or data arising in connection with this Agreement or the Programme, even if we have been advised of the possibility of such. Further, our aggregate liability arising with respect to this and the Programme will not exceed the total commissions paid or payable to you under this Agreement.

11.Disclaimers
We make no express or implied warranties or representations with respect to the Programme or any products sold through the Programme including, without limitation, warranties of fitness, merchantability, non infringement, or any implied warranties arising out of a course of performance, dealing, or trade 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.

12.Independent Investigation
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 the programme and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.

13.Miscellaneous
The laws of England and Wales will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the courts of England and Wales, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and 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.