Participating in any promotions with Tiapos Limited and it's associated brands, including but not exclusive to ResponseSuite. you agree to the following Terms and Conditions (referred to as 'The Agreement') and confirm you understand Tiapos' general Terms and Conditions and Privacy Policies.
Please read this entire agreement before participating in any promotions.
Affiliate Agreement - Terms and Conditions
By promoting any Tiapos Limited product (the "Product") with Tiapos (the 'Company") or any of it's partners, you (the "Affiliate") agree to the following Terms and Conditions (The "Agreement").
All Affiliates must be 18 years to participate in any Promotion. The Company reserves the unconditional right to accept or deny any Affiliate at their sole discretion.
Affiliate must be in good standing with the British Trading Standards Agency and laws of the UK, the laws of the Affiliate's resident country, the Promoter, and in compliance with all FTC guidelines and terms and conditions of this Agreement.
The Affiliate agrees and understands that if its marketing, websites, emails or any other communications associated with or for this Promotion are deemed inappropriate that Affiliate will be deemed, at the sole discretion of the Company, ineligible to participate in the Promotions and disqualified from receiving any recognition, commissions or any other compensation or further communication from the Company.
SPAM AND UNSOLICITED EMAIL Affiliate agrees NOT to send any unsolicited email to any party promoting The Company's products.
We've taken every effort to ensure we accurately represent our products in our marketing materials and the potential for you to earn commissions, as described below. However, there is no guarantee whatsoever of any results from promoting The Company's products. Nothing on our Sites or in this Promotion is a promise or guarantee of earnings.
The Affiliate will receive the earned dollar amount of commission as stated in your Affiliate Centre for every sale they refer that is directly referred by the Affiliate to the The Company's website through the Affiliate's unique link or cookie. This ONLY includes sales that are driven from the Affiliate to the Company's sales pages and as tracked through The Affiliate's unique link provided by The Company using our link tracking and Unique Fingerprint technology. The Affiliate will be credited as earning a commission if they are the most recent referrer - the referrer who's link was used most recently by The Customer.
Commissions are calculated as a percentage of the Net sale amount after deductions for VAT and any other taxes in the appropriate region relevant to The Customer.
We do not pay commissions on purchases made by The Affiliate through their own link.
All commissions are decided and deemed final at the sole discretion and decision of The Company.
Commission payments will be sent to The Affiliate each Wednesday by The Company via PayPal for Customer payments which have cleared for 30 days. In the case of refunds, cancellation or reversal of fund events by The Customer, any paid commission will be deducted from the amount owed to the Affiliate and any subsequent payment. Affiliate commissions will not be paid based on any sales or amounts that are believed to be generated through to spam, credit card fraud, or returned Product and are at the sole discretion of The Company.
The Company reserves the right to change the dates of the commission payout.
The Affiliate may not use copyright, trademark, service mark, or general branding of The Company without full discloser and written permission of The Company.
The Affiliate will never imply either directly or indirectly that they are acting on behalf of, or representing The Company or any of its associated brands.
RELATIONSHIP OF PARTIES
Nothing in this Agreement shall be deemed as to create employment, partnership, joint venture, agency relationship, between the The Affiliate and The Company. The Affiliate participates and promotes The Company's products and services as an independent entity and is responsible for any and all income, sales and corporate taxes and self-employment taxes. Under no circumstances will The Company be held liable for any actions or results of the Affiliate.
INDEMNIFICATION AND LIABILITY
The Affiliate agrees to indemnify and hold harmless the Promoter from and against any and all losses, claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable legal fees) which The Affiliate may be subject to or incur in connection with the Promotion to be rendered, except those claims that are judicially determined to have resulted from Promoter's gross negligence or willful misconduct. Under no circumstances will Promoter or their assigns be held liable for Affiliate's injury or death or any loss or damage of personal belongings or earnings resulting from its providing of the Promotion or from Affiliate's participation in any of its promotions, galas, courses, seminars or live events ("Events") should the Affiliate attend them. Affiliate hereby accepts all risk to its health including injury or death that may result from participating in any Promoter Events and hereby releases Promoter and its officers, employees, interns, Affiliates, sponsors and representatives from any and all liability to his or herself and their personal representatives, estate, heirs, next of kin, and assigns for any and all claims and causes of action for loss of or damage to Affiliate's property and for any and all illness or injury to Affiliate's person, including death, that may result from or occur during Affiliate's participation at the Events, whether caused by negligence of the Promoter or its representatives. Affiliate acknowledges and agrees to be financially responsible for any medical or legal bills that may be incurred as a result of participation in the Promotion or Events including any financial loss or emergency medical treatment. Affiliate understands that Promoter does not give legal or financial advice and under no circumstances will be held liable for results related to the Promotion or Events
The relationship between the Parties may be terminated by immediately by either party. Upon termination, it is understood that the Confidentiality and Indemnification clauses above will remain in effect for perpetuity.
ENTIRE UNDERSTANDING AND DISPUTE
This Agreement constitutes the entire understanding of The Company and The Affiliate and may be modified only by The Company.
This Agreement shall be nterpreted according to the laws of the United Kingdom and shall be binding to them both, their heirs, successors, assigns, and personal representatives; and references to The Company and to the Affiliate shall include their heirs, successors, assigns, and personal representatives. In the event of a dispute between the parties regarding this Agreement, any such disputes, controversies and claims arising out of or relating to this Agreement, it shall be settled and determined by arbitration.
If any provision or covenant, or part thereof, of this Agreement should be held by any court or other legitimate tribunal with appropriate jurisdiction to be invalid, illegal or unenforceable, either in whole or in part, such invalidity, illegality or un enforceability shall not affect the validity, legality or enforceability of the remaining provisions or covenants, or any part thereof, of this Agreement, all of which shall remain in full force and effect.
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