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Hodgkinson
Publishing Ltd
Site Wide Affiliate Agreement
The following are terms and conditions
for participating in any of Hodgkinson Publishing Ltd Affiliate Programs. "Affiliate"
refers to you, and "Hodgkinson Publishing Ltd" refers to our website and web sites that are owned
by Hodgkinson Publishing Ltd.
Simon Hodgkinson and Hodgkinson Publishing Ltd reserves the right to amend this agreement as needed from time
to time, and Affiliate agrees that any such amendment will apply to Affiliates.
The continuation of Affiliate status or Affiliate's acceptance of income or
bonuses shall constitute Affiliate's acceptance of any and all amendments.
1. Affiliate agrees that a Hodgkinson Publishing Ltd Affiliate is an independent
contractor and not an employee, agent, partner, legal representative, or
franchisee of Hodgkinson Publishing Ltd. Affiliates further agrees not to incur
any debt, expense, obligation on behalf of, for, or in the name of
Hodgkinson Publishing Ltd
2. Affiliate must be of the age of majority in his/her state or country.
3. All Affiliate applications are subject to approval by Hodgkinson Publishing
Ltd.
4. Affiliate agrees to receive Hodgkinson Publishing Ltd's e-mail, including but not
restricted to sales reports, training, newsletters, plus messages from
Affiliate's Team Leader(s).
5. Affiliate agrees to present the Hodgkinson Publishing Ltd Compensation Plan and
Hodgkinson Publishing Ltd products and services as set forth at the
official Hodgkinson Publishing Ltd Website(s). Affiliates will make no claims regarding potential income, earnings,
products, or services beyond what is stated at official Hodgkinson Publishing
Ltd
Websites.
6. Affiliate agrees not to disparage Simon Hodgkinson, other Simon Hodgkinson
Affiliates, Simon Hodgkinson's products, the Hodgkinson Publishing Ltd compensation plan,
Hodgkinson Publishing Ltd's employees. Affiliate understands that disparagement may
result in the immediate suspension or termination of Affiliate account with a
cancellation of any pending commissions.
7. Affiliate agrees to not utilize SPAM in promoting Hodgkinson Publishing Ltd's web
sites and products. This action may result in the immediate suspension or
termination of Affiliate account with a cancellation of any pending commissions.
Affiliate will also be in violation of Hodgkinson Publishing Ltd's Affiliate Agreement
and subject to legal action and be held liable for any financial loss incurred
by Hodgkinson Publishing Ltd. Any service interruptions to Hodgkinson Publishing
Ltd's web sites
as a result of Affiliates spamming will be billed to Affiliate at $150 U.S.
dollars per hour until service is restored.
For the purpose of this agreement SPAM is defined as e-mailing ANYONE, in bulk
or by single mailing, about Simon Hodgkinson or Hodgkinson Publishing Ltd's products, who has not
specifically requested the information directly from Affiliate.
The ONLY
exceptions to this are:
i.) Mailing to APPROPRIATE OPT-IN mailing lists where the source does the
mailing on Affiliate's behalf AND you do not advertise an
Hodgkinson Publishing Ltd
Gateway URL. However, use extreme caution when choosing an opt-in mailing list
company! Using anything but the most reputable sources could generate spam
complaints against Affiliate resulting in suspension or termination.
ii.) You may include information on Simon Hodgkinson in e-mail Acknowledgement
Messages for orders and inquiries that you receive, so long as it is stated up
front that you will be sending them an acknowledgement.
Hodgkinson Publishing Ltd also considers ANY type of advertisement about Simon Hodgkinson
or his web sites posted to a newsgroup or chat room to be spam.
8. Affiliate agrees to provide Hodgkinson
Publishing Ltd with a valid e-mail address upon
registration. Affiliate understands that the use of an autoresponder e-mail
address is prohibited.
9. Although the Hodgkinson Publishing Ltd's Affiliate Program is United Kingdom based it
is not limited to the United Kingdom, However all payments will be made in U.S.
dollars. Affiliate commissions shall normally be paid by PayPal and sent out
monthly on or about the last day of the month for the previous month's sales. To
cover Hodgkinson Publishing Ltd's fee processing,
Hodgkinson Publishing Ltd may at
it's discretion deduct
approximately $2 (two dollars per sale). If a sale is cancelled or refunded, the
related commission will be deducted from a subsequent payment. No minimum amount
is required before payments are made. Payment are made via PayPal only and you
must provide us with a valid PayPal account email on registration. PayPal may
also deduct additional fees from your payment from us.
10. Affiliate will be issued an "Affiliate Link," a unique URL which allows
Hodgkinson Publishing Ltd to identify visitors from Affiliate site as originating from
Affiliate. These visitors are tracked with this unique URL, and sales are
recorded with the appropriate Affiliate ID. To receive commissions, Affiliate
must use the provided Affiliate Link. The URL may be in various forms, such as a
banner, image, or text link.
11. Affiliate is solely responsible for ensuring that their Affiliate Link is
set up properly to qualify for commissions.
12. Hodgkinson Publishing Ltd is not responsible for technical problems, acts by third
parties, or other events outside our reasonable control which may temporarily
disrupt or diminish service.
13. Hodgkinson Publishing Ltd will make every reasonable effort to track and pay
commissions for all sales that apply to Affiliate. However,
Hodgkinson Publishing Ltd is
not responsible for technical problems, acts by third parties, or other events
outside our reasonable control which may temporarily disrupt or diminish this
service. Affiliate understands that Affiliate tracking can never be 100%
accurate and Hodgkinson Publishing Ltd is not responsible for inaccuracies that might
occur beyond its control. Tracking of Affiliate sales depend on several factors,
technical and otherwise, which are beyond the control of
Hodgkinson Publishing Ltd. It is
the goal of Hodgkinson Publishing Ltd to make Affiliate tracking as accurate as possible.
However, Hodgkinson Publishing Ltd cannot guarantee 100% tracking for situations beyond
his control.
14. To protect Hodgkinson Publishing Ltd's customer privacy, if deemed necessary,
Hodgkinson Publishing Ltd reserves the right to withhold identifying customer contact
information from Affiliates.
15. Hodgkinson Publishing Ltd reserves all rights in or to its trademarks and service
marks but may be used by Affiliate in accordance with this agreement. Affiliate
may in no way display a Hodgkinson
Publishing Ltd logo, image, or trademark which may be
distasteful, defame, or misrepresent Simon Hodgkinson or
Hodgkinson Publishing Ltd.
16. Affiliate understands that prohibited sites for advertising Simon
Hodgkinson's products or services include: Websites that promote sexually
explicit material or violence; sites that promote discrimination based on race,
sex, religion, national origin, or physical disability; sites that promote
illegal activities.
17. Hodgkinson Publishing Ltd shall not be held liable for any indirect, incidental,
special, or consequential damages or any loss of revenue or profits arising
under or with respect to this Agreement or program, even if
Hodgkinson Publishing Ltd has
been advised of the possibility of such damages.
Hodgkinson Publishing Ltd's aggregate
liability arising under or with respect to this agreement or the program shall
in no event exceed the total commissions paid or payable by
Hodgkinson Publishing Ltd
under this agreement.
18. Affiliate agrees not to present others' creative works—in full or in part—as
his or her own nor engage in violation of copyright agreements for any reason.
Such violations could result in suspension or termination.
19. Hodgkinson Publishing Ltd makes no warranties expressed or implied with regard to
Affiliate Program except as outlined in this Agreement.
20. Both Hodgkinson Publishing Ltd and the Affiliate reserve the right to terminate this
agreement at any time. The term of this Agreement shall be for a period of one
year from the date hereof and shall automatically renew upon each anniversary
without further act of the parties unless either party has terminated this
Agreement by written notice to the other. If terminated, outstanding commissions
at time of termination shall be paid in the next payment so long as the terms of
this agreement were not violated by the Affiliate. Payment of the final
commission payment to the Affiliate may be withheld for a reasonable time in
order to ensure that the correct amount is paid.
21. In the event that a provision of this Agreement is held to be invalid or
unenforceable, such provision shall be reformed only to the extent necessary to
make it enforceable, and the balance of the Agreement will remain in full force
and effect.
22. Affiliate understands that Hodgkinson
Publishing Ltd will purge the main affiliate
database monthly of all affiliates who have been designated as "inactive" for a
period of three months or more.
23. This agreement will be governed by and construed in accordance
with the laws of England and Wales |