Peri10k Affiliate Terms and Conditions
The purpose of the Peri10k Affiliate affiliate programme is to reward Members Affiliates for any new members that they refer to Peri10k by recommending or properly advertising Peri10k through legitimate methods.
By clicking on the ‘Request to promote this product now’ button you agree to abide by the terms and conditions detailed in this Agreement.
This Agreement contains the complete terms and conditions that apply to your participation as a member of the Peri10k Affiliate Programme. This Agreement constitutes the entire agreement between Peri10k and the Affiliate and any pre-existing agreement or arrangement between Peri10k and the Affiliate shall be terminated forthwith upon completion of this Agreement.
Your Acceptance of these terms and conditions will be indicated by clicking on the ‘Request to promote this product now’ button.
Peri10k Affiliate Programme Terms and Conditions
- “this Agreement” shall mean the contents of the contract between Peri10k and the Affiliate in respect of the Programme.
- “Peri10k” shall mean the Peri10k brand owned by Collaborate Forward Consulting Limited of (Company No.09787927), whose registered office is at 71-75 Shelton Street, Covent Garden, WC2H 9JQ, London
- ‘the Sites’ shall mean the Peri10k and Zaxxa Affiliate Page website.
- ‘the Programme’ shall mean the affiliate Programme as set out on the Sites and that is governed by this Agreement.
- ‘the Link’ shall mean the HTML link provided from time to time by Peri10k to link the Affiliate’s website to the Site.
- ‘the Affiliate’ shall mean the party who agrees to take part in the Programme.
2. The Programme
- 2.1) The Programme shall be the affiliate programme as set out on the Site from time to time.
- 2.2) Peri10k is entitled to vary, amend or cancel the Programme without giving notice to the Affiliate. Peri10k may make any such change by publishing any revised terms on the Site.
- 2.3) The Programme is expressly a business-to-business relationship and both Peri10k and the Affiliate enter into it in a business capacity and not as a consumer.
- 2.4)The Programme does not entitle the Affiliate to represent themselves as an agent, partner or any other form of associate of Peri10k other than as an Affiliate Member as expressly provided for in this Agreement.
3. Suitability for the Peri10k Affiliate Program
- 3.1) Peri10k reserves the right to terminate this Agreement and the Affiliate’s status at any time for any reason whatsoever at its sole discretion.
- 3.2) In particular if Peri10k deems that the Affiliate’s website is inappropriate for the Programme then this Agreement shall be terminated. The Affiliate’s website may be deemed inappropriate if in the view of Peri10k it contains, promotes or contains links to sites that are:
- 3.3) discriminatory, sexually explicit or violent material, or
- 3.3) promote, depict or contain links to material that promote or depict discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age, or
- 3.4) contains unlawful material, this shall include but not be limited to materials that may possibly violate another’s intellectual property rights, or
- 3.5) contains information regarding, promotes or links to a site that provides information or promotes illegal activity, or
- 3.6) for any other reason that is deemed by Peri10k (at its sole discretion) to be unsuitable.
- 3.7) Upon Clicking on the ‘Request to promote this product’ button you are automatically accepted on the Programme. Peri10k reserves the right to withdraw Affiliate status at anytime after you have been accepted onto the Programme for any reason that Peri10k deems relevant. Acceptance into the Programme does not mean that Peri10k has specifically approved the Affiliate or its website.
- 3.8) Only active Peri10k members can be affiliates. If Peri10k membership is cancelled, no more commissions can be earned.
4. Legitimate methods of advertising
- 4.1) In order to receive commission’s for referring customers to Peri10k, the Affiliate must engage in proper advertising. Affiliates found to be engaging in improper advertising shall have their agreement terminated and their affiliate status revoked. Peri10k shall be the sole and absolute arbiter of what constitutes proper advertising.
- 4.2) A non-exhaustive list of examples of improper advertising shall include but not be limited to:
- 4.2.1) the forwarding of any urls direct to Peri10k (this includes misspells of the above trademark domain); and
- 4.2.2) forcing cookies through iframes;
- 4.2.3) advertising through third party networks; with the exception arising from Clause 4.3 below;
- 4.2.4) brand bidding (including misspells) for PPC advertising,
- 4.2.5) including your Peri10k affiliate link within Unsolicited Commercial Email (UCE) or SPAM,
- 4.2.6) including any of Peri10k url in search adverts.
- 4.3) Affiliates are permitted to promote Peri10k through various social media communities, as a limited exception to Clause 4.2.3 above. However, Affiliates are not permitted to create groups or specific web pages in social communities whereby they purport or hold themselves out to be representatives of Peri10k.
- 4.4) Peri10k reserves the right to conclude that you have engaged in an improper method of advertising according to our standards, at our sole discretion. We may come to such a conclusion even if it is based upon our opinion or mere suspicion or belief and is without any duty on Peri10k to prove that our opinion or suspicion is well-founded; and even if our opinion is proven not to be well-founded or if other hosting/domain name companies have not deemed it to be an improper method of advertising.
- 4.5) Any Affiliate found to be adopting improper methods of advertising for the purpose of the Programme shall be deemed to have been in breach of this Agreement and shall have their Affiliate status revoked. Such an Affiliate will therefore immediately cease in being an Affiliate of Peri10k.
- 4.6) Any sales that have been generated through improper advertising will not qualify for commission or credit from Peri10k.
- 4.7) Any Affiliate found to be utilising these or any other improper methods of advertising may be required to pay back any such commission that has been paid by Peri10k to them. If Peri10k elects not to enforce this right it shall not be deemed to be a waiver of any other rights that it may have under this Agreement.
5. The Procedure
- 5.1) Subject to the terms of this Section, we will provide to you all Links, and any related banners, graphics, or text advertisements necessary to promote and offer the Peri10k Services to your site’s visitors and/or its members. The Peri10k link may contain any picture, text, logo, graphic, that maybe be attributed with Peri10k.
- 5.2) Peri10k reserves the right to change the content and or display of the Link from time to time in our sole discretion. The link will connect your site with the area on our site (the landing page) where your referral may apply for Peri10k products directly with us. The presence of the Peri10k link on your site will serve to identify you as a member of our Affiliate Programme.
6. The Payment of Commission
- 6.1) Once a customer has arrived at our website having followed the Link, their actions on our website will be tracked. You will earn commission on their ongoing purchase orders. Peri10k will not be responsible for commissions missed due to the cookie being deleted or blocked or in any other way failing to track the customer from the Link.
- 6.2) Affiliates will only earn commission fees only with respect to activity on our site occurring directly through the Link that will appear on their website.
- 6.3) Peri10k is under no obligation whatsoever to pay any commission to any Affiliate who does not strictly follow this Agreement as published from time to time.
- 6.4) Peri10k reserves the right to take legal action against any Affiliate that commits fraud, or conspiracy to defraud and to recover any commissions paid to an Affiliate which was earned as a result of such fraud. For the purposes of this agreement fraud shall include but not be limited to wittingly violating the terms of this Agreement.
- 6.5) Peri10k will only make a payment to the Affiliate after 35 days of purchase.
- 6.6) Affiliates shall be paid commissions by PayPal and affiliates will be responsible for the paypal transaction fees. It is the sole responsibility of an Affiliate to make sure that their contact details are up to date and accurate on the Zaxxa system in order to facilitate the payment reaching them.
- 6.7) The rates of commission payable to the Affiliate from time to time shall be published on the Site and this shall be included in this Agreement as Schedule 1 to it. Schedule 1 may be amended or varied by Peri10k at any time without reference to the Affiliate. Any revised rates of commission payment shall take effect from the day that the amended Schedule 1 is published on the site.
- 6.8) Peri10k will not be responsible for commissions missed due to a service cancelled and restarted through a different link.
- 6.9) Affiliates will only earn commission fees for as long as they are Peri10k members themselves. Cancelling the PEri10k membership will automatically cancel any future affiliate commissions.
7. Peri10k’s obligation
Peri10k agrees to undertake the following obligations:
- 7.1) provide all information necessary to allow the Affiliate to make necessary the Link from Peri10k to the Affiliate’s site,
- 7.2) processing all orders for Peri10k through Zaxxa placed by a referral following the Link,
- 7.3) tracking the number and amount of relevant sales generated through the Link,
- 7.4) providing information to you regarding commission payments,
8. The Affiliate’s Obligations
The Affiliate agrees to be solely responsible for the following and shall keep Peri10k fully indemnified in respect of:
- 8.1) the content of the Affiliate’s site or any site that they may be connected to,
- 8.2) any misrepresentation of Peri10k or its products or services,
- 8.3) making of any false claims, representations or warranties in connection with Peri10k,
- 8.3) ensuring that your site and your products and services that you offer from your site comply with all applicable copyright, trademark, any intellectual property right, Data Protection, anti-spam or any other applicable law,
- 8.4) obtaining permission to use another party’s copyrighted or any other proprietary material,
- 8.5) the development, operation and maintenance of the Affiliate’s site and for all materials that appear on it. For the purposes of this Agreement this shall include but not be limited to, the technical operation of your site and all related equipment; the accuracy and propriety of materials posted on your site; and ensuring that materials posted on your Site do not violate or infringe upon the rights of any third party and are not libellous or otherwise unlawful or illegal. Peri10k hereby disclaim all liability for all such matters,
- 8.6) Affiliates also agree to indemnify and hold harmless Peri10k, its parent company, sister companies, subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, expenses, and costs insofar as such arise out of or are based on, or in any way connected with this Agreement.
- 8.7) complying with all applicable EU- and national laws and regulations in force from time to time this shall include, but not be limited to, the EU-directive 2002/58/EC, and
- 8.8) the payment of all tax and national insurance payable on any payments made to you by Peri10k.
9. Right to Name as a Reference Customer
- 9.1) Affiliates shall not create, publish, distribute, or permit any written or graphical material that makes reference to Peri10k that is misrepresenting or inappropriate. Peri10k can request the removal of such materials immediately.
10. The License
- 10.1) Peri10k grants to the Affiliate a non-exclusive, non-transferable, revocable right to access the Peri10k sites through the Link solely in accordance with the terms of this Agreement. This license shall be used solely in connection with the Link, and it will extend to the use of our logos, trade names, trademarks and similar identifying material relating to Peri10k and which Peri10k shall provide to the Affiliate, for the sole purpose of establishing the Link to Peri10k so customers can purchase Peri10k products and services.
- 10.2) Affiliates cannot modify or change the Link or any other materials provided by Peri10k in any way.
- 10.3) Other than establishing the Link, the Affiliate shall not make any use of any of the licensed materials noted in the aforementioned paragraph provided by Peri10k without first obtaining the prior written consent of Peri10k. Affiliates shall not use the Licensed Materials in any manner that is inappropriate or that is in any way detrimental to the Peri10k brand or any other brands.
- 10.4) Peri10k reserves all of its rights in the materials provided and all of its other proprietary rights. Peri10k-reg shall be entitled to revoke this license to use the Link or the materials at any time and at its sole discretion.
- 10.5) The licenses described in this Section shall expire upon the termination of this Agreement.
- 10.6) Any inappropriate use of the Link, text, banners or other advertisements not expressly approved of in writing or provided by Peri10k may be cause for immediate termination of this Agreement.
11. Terms of the agreement
- 11.1) The terms of this Agreement will begin upon your signup with the Programme and will end when your affiliate account is terminated.
- 112.1) Peri10k reserves the right to modify or otherwise change the terms of this Agreement at any time as it sees fit. Peri10k shall make such modifications by way of publishing revised terms on the Site. Affiliates only remedy in the event of revised terms of this Agreement being published shall be to terminate this Agreement. An Affiliate shall be deemed to have accepted of any modification to this Agreement as published from time to time.
13. Limitation of Liability
- 13.1) Peri10k shall not be liable to the Affiliate or to any other person, for indirect, incidental, or special damages, lost profits, loss of goodwill, lost savings, or any other form of consequential damages, regardless of the form of action, even if Peri10k has been advised of the possibility of such damages, whether resulting from breach of its obligations under this Agreement or otherwise.
- 13.2) Peri10k’s entire liability in respect of any liability arising under this agreement will not exceed the total commission fees paid or payable to the Affiliate under this Agreement.
- 13.3) Peri10k makes no warranties, either express or implied, concerning the performance or functionality of the Peri10k membership, or the Programme as a whole. This includes but is not limited to the Link or any other affiliate advertisements and hereby expressly disclaims all implied warranties, including warranties of merchantability or fitness for a particular use or purpose.
- 13.4) Peri10k shall under no circumstances be liable to the Affiliate or to any other person or entity for any loss, injury, or damage, of whatever kind, resulting from or arising out of any mistakes, errors, omissions, delays, or interruptions in the receipt, transmission, or storage of any messages or information arising out of or in connection with the Programme or Peri10k.
14. Governing Law
- 14.1) This Agreement is governed by, and is construed in accordance with the laws of England and Wales.
- 14.2) The Courts of England and Wales shall have exclusive jurisdiction to hear any disputes arising from this Agreement.
- 14.3) Peri10k shall not be liable for the legality of Peri10k membership in countries other than the United Kingdom.
- 14.4) Affiliates are solely responsible for the legality of the use of the service if the Affiliate in question is registered to Peri10k service from a country other than the United Kingdom or if the Affiliate’s website is on a server in a country other than the United Kingdom.
- 15.1) By clicking on the ‘Request to promote this product now’ button the Affiliate acknowledges that they have read the terms and conditions of this Agreement, understand them and agree to be bound by them.