Phone Card Sales :: Disclaimer and Terms & Conditions
Disclaimer and Terms & Conditions
This is a Legal Agreement that describes the terms and conditions for you to participate in the Phone Card Selector Pty Limited ("Phone Card Selector") Affiliate Program. By submitting the registration information, you acknowledge that you have read and agree to be bound by the terms and conditions of this Agreement. In this Agreement, all references to "you" and "your" refer to the Affiliate and all references to "we", "us", and "our" refer to Phone Card Selector.
1. Link Placement
We will provide you with links to place anywhere you deem appropriate on your website or in an email to your friends. We have the right to ask you to remove all links to our website if, in our opinion, your site
* infringes or violates any applicable law, rule or regulation;
* is defamatory, obscene, offensive or controversial
2. Referral Commission
You will earn referral commissions for sales on our website that originated from your links. Commission is calculated as a percentage of all sales for which we have received payment in full less any returns or credits. Your referral commission will be paid upon your request and in accordance with our commission payment policy. If your total accumulated commission is less than the minimum payout amount, your commission will be carried over to the following months until it exceeds the minimum amount. All referral commissions will be paid to you by PayPal or Direct Deposit (to an Australian Bank account) or cheque, depending on your preference, in Australian Dollars. At any time you can use your accumulated commission amount to purchase any goods or services on our site. If this Agreement terminates, any commission due at that time will be held for a reasonable time (not more than 3 months) to ensure that the correct amount is paid.
3. Returns and Credits
If there is a return after the referral commission has been paid, the referral commission will be deducted from the commission that is currently due to you. If there is no commission due to you for a period of three (3) months you will be billed for the respective amount.
4. Order Processing
We will be solely responsible for processing orders placed by customers that come through your link(s). Order forms, payment, processing, delivery of the products, and handling all customer questions and requests, including cancellations and returns are our responsibility. Customers who buy from our site through your link(s) will be considered our customers and will be subject to all our rules, policies and operating procedures. We reserve the right to reject the orders without providing you with reasons why orders are rejected.
5. Access to Your Account
On the Application Form, you will be requested to select a Username and Password in order for you to access your account in our Affiliate Center. Here you will be able to receive details on your account such as commission due as well as graphics and HTML code that you can use to setup the links on your site.
6. Promotional Activities
You are encouraged to promote our website in various acceptable ways such as through banners, text links, recommendations, or offers through your newsletters to subscribers and clients. You agree NOT to promote your website and this affiliate program through unsolicited emailing (spamming), newsgroup postings or any other method of mass communication. Our policy does not tolerate the use of SPAM in any way. In the event that you violate this policy we will have to terminate this agreement immediately and your rights to any commission or rank in our affiliate program.
7. Product Availability
The availability of products can change and we will make every effort to provide the best information possible to all Affiliates and its visitors regarding the products' availability.
8. Interruption of Website Service
We will make every effort to ensure that our website is operational at all times. However, certain technical difficulties may, from time to time, result in temporary service interruptions. You agree not to hold us liable for any of the consequences of such interruptions.
9. Affiliate Website
You acknowledge and agree that your site will NOT:
* infringe or violate any applicable law, rule or regulation;
* be defamatory, offensive or controversial;
* be obscene or pornographic;
* violate any laws regarding false advertising
10. Copyrighted Materials, Trademarks
You are solely responsible to make sure that your site observes all applicable copyright, trademark and other laws. You must have express permission to use another party's copyrighted material. We will not be responsible if you use another party's copyrighted material in violation of the law. We reserve the right to delete those accounts, which are found to be in violation of these rights.
11. Grant of Rights
We grant you the right to use our Trademarks and Trade Name in connection with the marketing and sales of our products during the term of this Agreement. You grant us a non-exclusive, non-transferable, revocable right to utilize your names, titles, logos in the advertising, marketing, promoting, and publicizing in any manner of our rights under this Agreement. However, we are under no obligation to so advertise, market, promote or publicize. Purchasers from the affiliate program become our customers and affiliate partners are only entitled to the commission earned on purchases made according to the affiliate program terms. Both parties agree to use Trademarks, Trade Names, titles, and logos in the appropriate manner that will not portray either party in any negative light.
12. Term and Termination of Agreement
The term of this Agreement will begin on the date that we receive and accept your application and payment. Either party may terminate the Agreement at any time by written notice to the other. Written notice can be in the form of mail, email or fax.
We reserve the right to change the terms and conditions of this Agreement at any time and in our sole discretion, by posting a new agreement on our site. If you do not accept the new Agreement, you are advised to terminate this Agreement. Your continued participation in the Affiliate Program following the new Agreement posted on our site constitutes your binding acceptance of the modified terms and conditions.
We may disclose to you certain information as a result of your participation in the Affiliate Program, which we consider to be confidential (herein referred to as "Confidential Information"), which shall include, without limitation, sales information, business and financial information, product designs, customer and vendor lists, and pricing information concerning us, you, Affiliate Customers, or any of our affiliates. Confidential Information shall remain strictly confidential and secret and shall not be used, directly or indirectly, by you for your own business purposes or for any other purpose, except and solely to the extent that any such information is generally known or available to the public through a source or sources other than you or your affiliates. Notwithstanding the foregoing, you are hereby authorized to deliver a copy of any such information
* to your accountants, attorney, or other agents on a confidential basis;
* otherwise as required by applicable law, rule, regulation, or legal process
You represent and warrant that:
* you have the full right, power and authority to enter and be bound by the terms and conditions of this Agreement;
* you have the sufficient right, title and interest in and to the rights granted to us in this Agreement;
You agree to indemnify and hold Phone Card Selector, its parent company, its subsidiaries, its respective directors, officers, employees, agents and representatives harmless from any and all claims, suits, actions or other proceedings brought against Phone Card Selector based on or arising from any claim that our use of any material provided by you infringes on any copyright, patent, trademark, trade secret or any other intellectual property right of any third party, or resulting from your breach of this Agreement. You will pay any and all costs, damages, and expenses, including but not limited to reasonable attorney's fees and cost awarded against or otherwise incurred by us in connection with or arising from any such claim, suit, action or proceeding.
17. Warranty Disclaimer
Except as otherwise provided in this Agreement, we make no guarantee, warranty or representation, expressed or implied, regarding the condition, merchantability or fitness of the information or communication services provided through us for any particular use or purpose. All information, interpretations and translations are provided on "AS IS" basis.
18. Limitation of Liability
We will not be liable to you for any indirect, incidental, special or consequential damages of any kind (including, without limitation, loss of revenue or goodwill or anticipated profits or lost of business) under or with respect to this Agreement, even if we know or should know of the possibility of such damages. Furthermore, in no event shall our cumulative liability arising under or with respect to this Agreement or the Program shall exceed the total referral fees paid to you under this Agreement.
19. Governing Law and Other Miscellaneous Terms
Each party is an independent contractor and nothing in this Agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. This Agreement is not assignable or transferable without prior written consent from us. This Agreement is governed by the Laws of New South Wales and each Party irrevocably submits to the non-exclusive jurisdiction of the Courts of New South Wales.If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Phone Card Selector relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties. These terms will inure to the benefit of Phone Cards Selectors successors, assignees and licensees
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