| |
|
AGREEMENT
|
|
(as at
26-07-2008)
|
Please read the Agreement
document below before registering.
I accept these terms and wish to register.
-
Enrolment in
the Program
Adams & Austen Press Pty.
Ltd. will evaluate your application in good faith. If
accepted, your account will be activated and you can
begin receiving payments. We may reject your application if
we determine (at our sole discretion) that your site
is unsuitable for the Program. Unsuitable sites include
those which:
-
promote sexually explicit materials
-
promote violence
-
promote discrimination based
on race, sex, religion, nationality, disability,
sexual orientation, or age
-
promote illegal activities
-
otherwise violate intellectual
property rights
If we reject your
application, you can reapply to the Program
at any time. If we accept
your application and your site is thereafter determined
(at our sole discretion) to be unsuitable for the Program,
we may terminate this Agreement.
-
Order Processing
We will process Product orders placed by customers who
follow Special Links from your site to our site. We
reserve the right to reject orders that do not comply
with any requirements that we may establish periodically.
We will be responsible for all aspects of order processing
and fulfilment. Among other things, we will prepare
order forms, process payments, cancellations, and returns,
and handle customer service. We will track sales made
to customers who purchase Products by using Special
Links from your site to our site and will make available
to you reports summarizing this sales activity. The
form, content, and frequency of the reports may vary
from time to time at our discretion.
-
Referral Fee
Schedule
You will earn referral fees based on Qualifying Revenues
according to the referral fee schedule established by
us. 'Qualifying Revenues' are revenues derived by us
from our sales of Qualifying Products, excluding costs
for shipping, handling, gift-wrapping, taxes, service
charges, credit card processing fees, returns and bad
debt.
The current referral fee schedule is:
50% of Qualifying Revenues from
the sale of each product that is added to the customer's
Shopping Cart after following a Special Link from your
web site to Adams and Austen Press' website within a
30-day period from the time of clickthrough.
We reserve the
right to change the referral fee and accepted period
since clickthrough at any time without notice. Previous
referral fee percentages and clickthrough periods will
be respected for earlier sales.
Current 'Qualifying
Products' are restricted to '101 Helpful Hints for
IELTS', '202 Useful Exercises for IELTS' and the
'404 Essential Tests for IELTS' products only.
Should a customer
visit our website from 2 affiliate links within the
30-day period from clickthrough, the last affiliate
alone will be credited with the sale.
-
Referral Fee
Payment
We will pay you referral fees on a quarterly basis.
Approximately 30 days following the end of each calendar
quarter, we will send you a cheque or payment to
your PayPal account in Australian dollars
for an amount equal to the referral fees earned in
that period.
The currency rate used is that displayed at the
http://www.xe.com/ucc
website on the day of payment, but is not limited to
this rate.
If the referral
fees payable to you for any calendar quarter are less
than AUD$100, we will hold payment until the total amount
due is at least AUD$100. If the Agreement is
terminated by you, payments due to you will be surrendered
to Adams and Austen Press Pty. Ltd. An Agreement
terminated by Adams & Austen Press will result in payments
only if the terms of the Agreement have not been
breached.
In calculating
referral fees, we will deduct the corresponding referral
fee from your next quarterly payment in the event of
a Product that generated a referral fee resulting in
a non-payment to us. If there is no subsequent payment,
we will send you a bill for the referral fee.
-
Term of the
Agreement
The term of this
Agreement
will begin upon our acceptance of your
Affiliate application
and will end when terminated by either party. Either
party may terminate this
Agreement
at any time, with or without cause, by giving the other
party written notice of termination.
-
Modification
We may modify any of the terms and conditions contained
in this Agreement, at any time and at our sole discretion,
by posting a new agreement
on this site. Modifications may include, for example,
changes in the scope of available referral fees, fee
schedules, payment procedures and Program rules. IF
ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE
IS TO TERMINATE THIS
AGREEMENT.
YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING
OUR POSTING OF A CHANGE NOTICE OR NEW
AGREEMENT
ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE
CHANGE.
It is your responsibility to check for changes to the
terms and conditions of this
Agreement.
-
Limitation of
Liability
We will not be liable for indirect, special or consequential
damages, or any loss of revenue, profits or data, arising
in connection with this
Agreement
or the Program, even if we have been advised of the
possibility of such damages. Further, our aggregate
liability arising with respect to this
Agreement
and the Program will not exceed the total referral fees
paid or payable to you under to this
Agreement.
-
Miscellaneous
This
Agreement
will be governed by the laws of Australia and the State
of New South Wales, without reference to rules governing
choice of laws. Any action relating to this
Agreement
must be brought in the federal or state courts located
in Sydney, Australia, and you irrevocably consent to
the jurisdiction of such courts. You may not assign
this Agreement,
by operation of law or otherwise, without our prior
written consent. Subject to that restriction, this
Agreement
will be binding on, inure to the benefit of and be enforceable
against the parties and their respective successors
and assigns. Our failure to enforce your strict performance
of any provision of this
Agreement
will not constitute a waiver of our right to subsequently
enforce such provision or any other provision of this
Agreement.
I accept these terms and wish to register.
|