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1. INTRODUCTION
1.1 Affiliate Incentive Marketing Ltd ("AIM") is
the owner and operator of an internet marketing affiliate network program
called AIM ("the Affiliate Program") operated via an internet website
located at http://www.aimgroup.co.uk ("the Site").
1.2 AIM wishes to acquire advertising space on high
quality, high traffic internet websites to advertise the goods and services of
AIM and its subsidiaries as well as the goods and services of independent third
parties ("the Affiliate Program Advertisers").
1.3 This Agreement sets out the terms and conditions on
which AIM is willing to acquire such advertising space from you ("the
Affiliate") as well as the terms and conditions of your membership to and
participation in the Affiliate Program.
1.4 By completing and sending the AIM Affiliate Membership
Application Form to us, you shall be deemed to have read, understood and agreed
to be bound by the terms and conditions set out below.
1.5 Affiliate Program Advertisers may submit additional
terms and conditions on which an Affiliate is able to participate in that
Advertiser's campaign ("the Insertion Order"). The terms and
conditions of the Insertion Order shall be included in and become part of the
terms of this Agreement by reference. In the event of any inconsistency between
the terms of the Insertion Order and the terms of this Agreement, then the
terms of the Insertion Order shall prevail, but only so far as such terms are
applicable to the Affiliate. Nothing contained in the Insertion Order shall be
binding on AIM unless expressly agreed to in writing.
2. DEFINITIONS
"Affiliate's Relatives": means the spouse,
parent or remoter lineal ancestor, son, daughter or remoter issue, or brother
or sister of the Affiliate.
"Click-through": means the act of a Visitor
clicking on a banner advertisement or other text or graphic hyper-link
displayed on the Affiliate's website(s), whereby the Visitor's web-browser is
redirected the website(s) of AIM and/or the Affiliate Program Advertisers.
"Lead": means any act of a Visitor that occurs
after a Click-through, such as a completing a form or other mechanism to
identify potential customers that is not dependent on a payment being made but
for which an Affiliate Program Advertisers attaches an implied value and has nominated
a corresponding Pay-out Rate for such acts;
"Sale":
means any act of a Visitor that occurs after a Click-through that directly
results in a payment being made to AIM and/or Affiliate Program Advertisers.
"Transaction" means a Click-through, Lead or Sale, as those terms are
defined above.
"Visitor" to mean a person or entity (other than
the Affiliate, the Affiliate's agents and/or the Affiliate's Relatives)
connected to the internet and whose internet browser is configured in such a
way that the website(s) of the Affiliate are displayed to the person at the
time the Transaction (ie. the click-through, lead or sale) is conducted.
3. AFFILIATE MEMBERSHIP REQUIREMENTS
3.1 Personal Details: The Affiliate must provide AIM with
complete, accurate and up to date information when applying to become an
Affiliate and setting up an account with AIM ("Affiliate Account").
This information must include the Affiliate's full name, address, email
address, company and VAT number (if applicable). The Affiliate must not use a
false name or false postal/street address to establish an Affiliate Account. You
must check your details, and for the purpose of money laundering compliance,
verify them by sending us the following forms of id:
1) A copy of your passport or driving license. 2) A recent (3 months) utility
or landline phone bill in your name or the name of your company that you have
applied in to AIM. We recommend that you send this recorded for your peace of
mind to Affiliate
Incentive Marketing Ltd. 65-67 Chapel Market,
London N1 9ER. AIM does not permit the use of any free web-based
email accounts, eg. hotmail.com, yahoo.com, mail.com as the nominated contact
email address for an Affiliate Account. Any use or attempted use of a free
web-based email account in connection with an Affiliate Account may lead to the
Affiliate Account being immediately suspended or terminated and/or the
termination of this agreement.
3.2 Multiple Accounts: The Affiliate is only entitled to
set up one (1) Affiliate Account. The Affiliate may use the Affiliate Account
in connection with as many domains and/or websites the Affiliate own or
otherwise have the right to use. In the event that AIM has reasonable grounds
to believe that the Affiliate have set up multiple Affiliate Accounts, AIM
shall terminate all such Affiliate Accounts and withhold payment of any
commission or other monies credited to these Affiliate Accounts or otherwise
payable to the Affiliate.
3.3 Age Restrictions: The Affiliate must be at least
eighteen (18) years of age to open an Affiliate Account or otherwise
participate in the Affiliate Program.
3.4 Prohibited Countries: All affiliates must be residents
of the United kingdom
and have websites for a UK audience. All other countries
are deemed prohibited.
4. AFFILIATES ELIGIBILITY CRITERIA AND OBLIGATIONS
In order to become a member of and participate in the
Affiliate Program, the Affiliate is required to satisfy and maintain all of the
following eligibility criteria and requirements. AIM reserves the right to
terminate this Agreement and cancel the Affiliate's membership to and
participation in the Affiliate Program if the Affiliate fails to meet any of
these criteria or breaches any of these requirements at any time:
4.1 The Affiliate's website(s) must be in English.
4.2 The Affiliate's website(s) must, in AIM's sole
opinion, be professionally designed, with substantial content that is of
interest, value and appeal to our target audience, and must not have broken
links or pages under construction.
4.3 Each of the Affiliate's website(s) must receive a
minimum of 100 unique visitors per day.
4.4 The Affiliate's website(s) must not be hosted on a
"free hosting" server unless otherwise approved by AIM.
4.5 The URL for each of the Affiliate's websites must be a
top-Level Domain (ie. not on a sub-domain or country code domain), unless
otherwise approved by AIM.
4.6 The Affiliate's website(s) must not be involved or
assist in the conduct of illegal activity of any kind or promote business
opportunities or investments which are not permitted by EU or British law.
4.7 The Affiliate shall not under any circumstances,
incentivize any of the goods and services advertised by AIM or Affiliate
Program Advertisers by encouraging Visitors to click on advertiser banners or
other links in order to earn money, points or any other reward or incentive
unless expressly approved by AIM in writing.
4.8 The Affiliate's website(s) must not contain material
or content (or links to such content) that:
a. Contains vulgar or obscene language or is otherwise of
an adult or pornographic nature;
b. Is obscene or may be hateful or offensive on racial,
ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; or is
defamatory, libelous, or invades another person's privacy or proprietary rights
or is otherwise illegal.
c. Depicts minors engaged in any activity of a sexual
nature.
d. Infringes the trademark rights, copyright or other
intellectual property rights of third parties.
4.9.
4.9 The Affiliate shall only use the banners and text
provided by AIM to link visitors to Affiliate Program Advertisers websites. The
Affiliate must not display such advertising banners or text links in such a way
as to mislead or confuse people into believing that either AIM or the Affiliate
Program Advertisers are associated with or endorsed by you or your site.
4.10 Advertising banners or text links must not be
displayed on the Affiliate's website(s) in such a way that may mislead or
deceive the Visitor into clicking on the link for any purpose other than for
the purpose of being referred to the Affiliate Program Advertiser's website, so
that it is reasonably likely that it will result in a bona fide Transaction for
the Affiliate Program Advertiser.
4.10 The Affiliate must not display advertising banners or
text links provided by AIM on or in newsgroups, message boards, electronic mail
messages (including both unsolicited and "opt-in" or permission based
e-mail, and whether or not those messages are sent in contravention of the EU
spam regulations), banner networks, counters, toolbars, chat rooms, guest
books, IRC channels, via "adware" or "spyware" programs
installed on the Visitor's computer, or on or through any similar devices.
4.12 The Affiliate shall not permit the opening of exit
consoles on the Affiliate's website(s) when a Visitor clicks on one of the
advertising banners and/or text links of AIM or an Affiliate Program
Advertiser.
4.13 The Affiliate shall not establish or cause to be
established any promotion that provides any rewards, points or compensation for
a Transaction that allows third parties ("Sub-Affiliates") to place
links to the Advertiser's web site or web site content on the Sub-Affiliate's
website or in its e-mails, without the Affiliate Program Advertiser's prior written
permission.
4.14 The Affiliate must provide AIM with a functional
username and password for all password protected URLs that will sent traffic to
AIM or an Affiliate Program Advertisers prior to placing an advertising banner
or text link on that page. The username and password combination must remain
functional throughout the term of the Affiliate's membership to and
participation in the Affiliate Program.
5. FRAUDULENT TRANSACTIONS, NON-UNIQUE TRANSACTIONS or
PROHIBITED VISITORS
5.1 If a Visitor engages in an act that constitutes a
Transaction (as that term is defined in Clause 2 above) and AIM and/or the
Affiliate Program Advertiser have reasonable grounds to believe that the
Visitor is either non-human, the Affiliate themselves, the Affiliate's agents
and/or the Affiliate's Relative then the Transaction shall be deemed to be
fraudulent ("Fraudulent Transaction").
5.2 The Affiliate shall not use any technique or device to
artificially generate a Transaction or otherwise send internet traffic to a website
of either AIM or an Affiliate Program Advertiser, including but not limited to,
robots, Iframes, hidden frames, JavaScript popup windows and popup windows that
cannot be closed using the standard windows close option. If AIM or an
Affiliate Program Advertiser has reasonable ground to believe that a
Transaction resulted from the use of these techniques or devices or a similar
technique or device, then such Transactions shall be deemed to be Fraudulent
Transactions.
5.3 If a Visitor engages in an act that constitutes a
Transaction and AIM and/or the Affiliate Program Advertiser have reasonable
grounds to believe that the Visitor is a person who has previously been
referred from the Affiliate's URL, then that Transaction shall be deemed to be
non-unique ("Non-Unique Transaction").
5.4 The Affiliate is not entitled to commissions or any
other payments resulting from Fraudulent Transactions or Non-Unique
Transactions.
5.5 AIM and the Affiliate Program Advertisers reserve the
right to refuse to pay Affiliates for commissions derived from Transactions
that AIM and/or the Affiliate Program Advertisers have reasonable grounds to
believe were initiated by Visitors located in any of the Prohibited Countries
referred to in Clause 3.4 above ("Prohibited Visitors"). AIM also
reserves the right to refuse to serve up advertising banners of the Affiliate
Program Advertisers to such Prohibited Visitors.
6. PAYOUTS TO AFFILATES
6.1 The Affiliate shall be entitled to be paid the
nominated "Payout Rate" for each "Approved Payout Event"
("the Payouts"), as those terms are defined in Clause 9 of the AIM
Advertiser Agreement located at http://aimadv.aimgroup.co.uk/en/terms.aspx .
The Affiliate's Account will be credited with an amount equal to the Payouts
earned during a particular month on the fourteenth (14th) day after the end of
that month. The Affiliate shall not be entitled to be paid for a "Declined
Payout Event" (as that term is defined in Clause 9 of the AIM Advertiser
Agreement). Please send or e-mail an invoice for any eligible outstanding
amounts beyond the £25.00 threshold as the VAT office has still not confirmed
we can self invoice!
Send invoices to Accounts, Affiliate Incentive Marketing Ltd, 65-67 Chapel Market, London N1 9ER. accounts@aimgroup.co.uk
6.2 AIM uses a cookie based tracking system to monitor and
record Visitors to the Affiliates Websites (including the times and frequency
of such visits). If a Visitor has clicked on the Advertiser's link placed on
more than one of the Affiliates websites, the Payout will be credited to the
Affiliate whose link was most recently clicked on, prior to the relevant Sale
or Lead. AIM's tracking system shall be the sole and binding record in this
regard.
6.3 AIM will pay the amount of credit in the Affiliate's
Account by BACS transfer/direct deposit into the Affiliate's nominated bank
account within fourteen (14) days after the end of each calendar month for all
commissions earned during the prior month, less any taxes AIM may be required
to withhold.
6.4 If commissions earned by the Affiliate during any
calendar month are less than £25.00, then AIM may withhold those commissions
until the month in which the total amount due, is at least £25.00.
6.5 AIM reserves
the right to withhold payment of any commissions or other amounts payable that
AIM determines, in its sole discretion, were derived as a direct or indirect
result of a breach of the terms and conditions of this Agreement.
7. TRACKING AND REPORTING OF CLICK-THROUGHS, LEADS AND
SALES
7.1 In order for AIM to track and record transactions
resulting from Click-throughs, Leads or Sales from an Affiliate's website,
proprietary computer code will be included in the advertising banners or other
text links provided to the Affiliate ("the Tracking Code"). The Tracking
Code is used enable AIM to provide the Affiliate with accurate and timely
accounting information. The Affiliate must not alter or otherwise tamper with
the Tracking Code.
7.2 AIM will provide you with a password that will enable
you to log into a password-protected part of the Site for the purpose of
accessing information about your Affiliate Account, including the number of
times the advertising banners or other links of AIM or Affiliate Program
Advertisers on your website(s) have been clicked-on or generated a Lead or Sale
for AIM or an Affiliate Program Advertiser.
7.3 The information contained in these reports shall be
the sole and determinative record in regard to the number of Payout Events for
which an Affiliate is be entitled to a Payout.
8. PAYMENT FROM AFFILIATE PROGRAM ADVERTISERS.
8.1 AIM does not warrant, represent or guarantee that
payment of the Payouts will be made by an Affiliate Program Advertisers. AIM
shall not in any way manner whatsoever be responsible for making such payments.
AIM shall use its best efforts to collect payment from the Affiliate Program
Advertisers, however, AIM is not obligated or required to bring any lawsuit or
engage any collection services to collect same.
8.2 In the event that an Affiliate Program Advertiser has
not made payment within (60) sixty days after the billing date, AIM shall so
notify the Affiliate in writing. The Affiliate reserves the right to take
whatever collection activity it deems appropriate against the Affiliate Program
Advertiser including the institution of legal proceedings.
9. REVERSED TRANSACTIONS and CHARGEBACKS
9.1 An Affiliate Program Advertiser may request that AIM,
or AIM may on its own initiative, debit the Affiliate's Account with an amount
equal to the amount of a Payout previously credited to the Affiliate's Account
or withhold payment of an amount otherwise owing to the Affiliate in any of the
following circumstances (collectively defined as "Charge-backs"):
(a) Return of a product purchased from a Sale;
(b) A duplicate entry in the Affiliate's Account or other
clear error;
(c) A non-bona fide Transaction, Fraudulent Transaction or
Non-unique Transaction;
(d) Non-receipt of payment from the Visitor, whether
caused by the credit card holder repudiating the charge incurred or otherwise;
(e) Refund of payment to the Visitor by the Affiliate
Program Advertiser; or
(f) The Affiliate's failure to comply with the terms of an
Advertiser's Insertion Order.
9.2 Charge-backs requested by an Advertiser in accordance
with the preceding clause may be applied up to and including the 60th day after
the end of the month in which the Payout was earned ("Charge-back
Period"). An Advertiser may request that a Payout to the Affiliate be
postponed for one (1) payment cycle where the Advertiser is verifying a Lead or
the Advertiser has a product return policy or guarantee to the Visitor that
allows the Visitor to return the product during the Charge-back Period.
10. CHANGES TO THE AFFILIATE PROGRAM AND THE SITE
10.1 AIM may in its sole and absolute discretion, change,
suspend or discontinue any aspect of the Affiliate Program at any time,
including the availability of any service feature, links, Affiliate Program
Advertisers and/or the Site content.
10.2 AIM may place limits on certain features and services
or restrict the Affiliate's access to parts or all of the Affiliate Program and
the Site (including the Affiliate's Account) without notice or liability.
10.3 The Affiliate Program and the Site may be interrupted
from time to time, and may not always be virus or error-free.
11. AMENDMENTS TO THIS AGREEMENT
11.1 AIM reserves the right to modify, alter or amend this
Agreement at any time in its absolute discretion. You shall be bound by all
such amendments immediately upon being giving notice of such amendments in
accordance with this Clause.
11.2 AIM shall provide a notice setting out the amended
terms and conditions, by posting a notice on the Site and sending you a notice
by email at the address nominated by you when establishing your Account. All
such notices shall be deemed to have been validly given upon the logging by
AIM's server of confirmation of delivery of the email to the recipient's mail
server.
11.3 You shall be deemed to have knowledge of, understood
and agreed to be bound by the amended terms and conditions by virtue of your
continued participation in the Affiliate Program and/or use of the Site
immediately following the date such notice is validly given.
12. OWNERSHIP OF COPYRIGHTED MATERIAL, TRADEMARKS AND
OTHER INTELLECTUAL PROPERTY
12.1 You acknowledge and agree that AIM owns the copyright
and all other intellectual property rights to this Site and the AIM Affiliate
Program and all materials provided on this Site and the AIM Affiliate Program,
unless otherwise expressly indicated. All rights are reserved by AIM.
12.2 "AIM" is a trademark and service mark of Affiliate
Incentive Marketing Ltd. AIM hereby grants you a non-exclusive,
non-transferable, non-sublicenseable license to use AIM's logo, trademarks,
trade names, or service marks (here in collectively referred to as "the
Marks") solely in connection with the promotion and sale of AIM services
and programs on and through your websites. You acknowledge that the Marks are
the sole property of AIM.
12.3 Other than the license granted herein, nothing herein
shall be construed as granting you any right, title or interest in or to the
Marks. AIM reserves the right to approve the form and placement of the Marks on
your websites. AIM may, in its sole discretion, require you to cease use of the
Marks.
12.4 You hereby grant to AIM, a non-exclusive,
non-transferable, non-sublicenseable license to use your logo, trademarks,
trade names, or service marks ("Affiliate Marks") solely in
connection with the promotion of the Affiliate Program. AIM acknowledges that
the Affiliate Marks are solely your property.
13. DISCLAIMER OF WARRANTIES
13.1 YOU EXPRESSLY AGREE THAT USE OF ANY AIM WEB SITE AND
THE AFFILIATE PROGRAM IS AT YOUR SOLE RISK AND ARE PROVIDED ON AN "AS
IS" BASIS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, AIM EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY LAW, CUSTOM OR
OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF ADVERTISERABILE
QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, INFORMATIONAL CONTENT,
ACCURACY, AND SYSTEM INTEGRATION. AIM SPECIFICALLY DISCLAIMS ANY WARRANTY (A)
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THAT DEFECTS WILL BE
CORRECTED; (C) THAT THE SECURITY METHODS EMPLOYED WILL BE REASONABLE UNDER
EXISTING INDUSTRY STANDARDS; OR (D) REGARDING CORRECTNESS, ACCURACY OR
RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO AFFILIATE.
14. LIMITATION OF LIABILITY
14.1 TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW,
NEITHER AIM NOR ANY OF ITS AFFILIATES, ADVERTISERS, SUBSIDIARIES, SERVICE
PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF OR RELATING TO THIS AGREEMENT, RESULTING FROM THE USE OR THE INABILITY
TO USE THE SITE OR THE AFFILIATE PROGRAM, FOR THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES, RESULTING FROM ANY COSTS INCURRED BY AN
AFFILIATE IN ATTEMPTING TO PROMOTE AIM OR AFFILIATE PROGRAM ADVERTISERS,
RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH ANY AIM WEB SITE OR THE AFFILIATE PROGRAM
OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR
OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. UNLESS PROHIBITED BY LAW IN YOUR COUNTRY OR JURISDICTION.
NOTWITHSTANDING THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR
LIABILITY TO YOU OR ANY OTHER PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE
AMOUNT PAYABLE TO YOU BY AIM OR THE AFFILIATE PROGRAM ADVERTISERS DURING THE
TERM OF THIS CONTRACT.
15. INDEMNIFICATION
15.1 YOU, THE AFFILIATE SHALL INDEMNIFY AND FOREVER HOLD
HARMLESS, AIM, ITS SUBSIDIARIES AND ASSOCIATES, AIM ADVERTISERS, AND THEIR
RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS, PARTNERS AND
ASSOCIATES FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES,
OBLIGATIONS, LOSSES, DAMAGES, JUDGMENTS, SETTLEMENTS, COSTS, AND EXPENSES
(INCLUDING REASONABLE ATTORNEYS' FEES AND INVESTIGATION COSTS), OR ANY OTHER
LIABILITY WHATSOEVER (ANY OR ALL OF THE FOREGOING HEREINAFTER REFERRED TO AS
"LOSSES") INSOFAR AS SUCH LOSSES (OR ACTIONS IN RESPECT THEREOF)
ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION (I)
ANY CLAIM THAT THE USE OF THE AFFILIATE'S DOMAIN NAME AND/OR WEBSITE IN ANY WAY
INFRINGES UPON OR OTHERWISE VIOLATES ANY TRADEMARK, TRADE NAME, SERVICE MARK,
LICENSE, OR ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHT OF ANY THIRD
PARTY, (II) ANY MISREPRESENTATION OR BREACH OF A REPRESENTATION OR WARRANTY OR
BREACH OF A COVENANT OR AGREEMENT MADE BY THE AFFILIATE, OR (III) ANY OTHER
CLAIM RELATED TO THE AFFILIATE'S PARTICIPATION IN THE AIM AFFILIATE PROGRAM,
INCLUDING, WITHOUT LIMITATION, ANY CONTENT ON THE AFFILIATE'S WEBSITE THAT IS
NOT ATTRIBUTABLE TO AIM OR AIM ADVERTISERS.
16. TERMINATION OF AGREEMENT AND CANCELLATION OF
MEMBERSHIP
16.1 Either party may terminate this Agreement for any
reason whatsoever upon giving two (2) days notice to the other party.
16.2 AIM may cancel the Affiliate's Account and Membership
in the Affiliate Program and terminate this Agreement immediately and without
notice to the Affiliate, upon breach by the Affiliate of any of the provisions
contained in Clauses 3, 4 or 5 of this Agreement.
16.3 The Affiliate may terminate this Agreement
immediately by notice to AIM if AIM changes, modifies or amends this Agreement,
in whole or in part and the Affiliate does not agree with any such change,
modification or amendment.
16.4 In the event that this Agreement is terminated for
breach by the Affiliate, the Affiliate shall not be eligible to re-apply to
become an Affiliate or otherwise participate in the Affiliate Program without
prior written consent of AIM. Any attempt to create a new Affiliate Account
without such consent or any amounts earned in this Account shall be null and
void.
16.5 Upon termination of this Agreement, any outstanding
credit balance in your Account validly earned by you prior to the date of
termination less an Account Termination Fee of twenty five pounds sterling (£25.00) shall be paid to you within 30
days. Any amounts credited to your Account that are earned in violation of this
Agreement or are otherwise unlawfully obtained by you shall be null and void
and shall be deemed unearned and will not be paid to you.
16.6 Upon termination of this Agreement, any license or
sublicense granted to you or by you under this Agreement will automatically
terminate, and the licensee/sub-licensee must immediately destroy or delete all
physical and electronic copies of the respective party's intellectual property
and confidential information, and cause all advertising banners and other links
to AIM and Affiliate Program Advertisers to be removed from the Affiliate's
websites.
16.7 In the event that this Agreement is terminated, AIM
shall notify all Affiliate Program Advertisers that your membership in the
Affiliate Programs has ended and requesting that they cease displaying links to
your website.
16.8 None of the abovementioned remedies shall be
exhaustive, but shall, wherever possible, be cumulative and in addition to all
other remedies available at law or in equity.
17. FORCE MAJEURE
17.1 Neither party will be in default or otherwise liable
for any delay or failure in its performance under this Agreement where such
delay or failure arises by reason of an Act of God, or any government or
governmental body, acts of war, the elements, strikes or labor disputes, power
or system failures, failure of the Internet, computer hacking, or other causes
beyond the reasonable control of such party.
18. GOVERNING LAW
18.1 THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH THE LAWS OF ENGLAND
AND WHALES. YOU HEREBY SUBMIT TO THE NON-EXCLUSIVE JURISDICTION OF THE COURTS
OF ENGLAND AND WHALES AND ALL APPELATE
COURTS.
19. SEVERABILITY
19.1 If any provision of this Agreement is found to be
unenforceable it shall be severed from this agreement and the remainder will
remain in full force and effect.
20. ASSIGNMENT
20.1 This Agreement and the rights and obligations under
it are personal to you. You may not transfer, delegate, or assign this
Agreement.
21. ENTIRE AGREEMENT
21.1 This Agreement constitutes the entire agreement
between the Affiliate and AIM in relation to or in connection with the
Affiliate Program and supersedes all prior agreements between the parties
regarding the subject matter contained herein.
22. WAIVER
22.1 The waiver or failure of any party to exercise any
rights under this Contract shall not be deemed a waiver or other limitation of
any other right or any future right.
23. COMPLIANCE CHECKS
23.1 AIM reserves the right to periodically monitor an
Affiliate's use of the Affiliate Program and the Site at any time without
notice for the purpose of determining compliance with this Agreement and may
randomly request that an Affiliate provide all reasonable and necessary
information required by AIM to determine such compliance.
23.2 AIM uses advanced anti-fraud systems in existence.
Affiliates applying to join the Affiliate Program with the intent of generating
Fraudulent Transactions and/or Non-Unique Transactions should be advised that
the system will detect and document all fraudulent activity. Fraud may result
in non-payment, removal from the Affiliate Program, and/or legal action.
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