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Terms and Conditions

These are the only terms and conditions under which we are willing to provide services to you.  By clicking on your acceptance of these terms you agree to be bound by them.

 

 We are:                                    Where the World Meets Ltd, trading as Euraffiliates.

 

Our address is:                           Astons Barn
                                                 North Green Road
                                                 Pulham St Mary
                                                 Diss
                                                 IP21 4YF
                                                 United Kingdom

 

Our e-mail address is:               sales@Euraffiliates.com

 

You are:                                    Anyone who pays us for our services.

 

 

The terms and conditions

 

1          Basis of contract

 

1.1       Subject to the terms set out in this document we agree to provide to you some or all of the services described on our web site at www.Euraffiliates.com ("the Services") at the prices we charge from time to time, such prices also being stated on our web site.  We now refer to the prices of services we sell to you as the "Price".

 

1.2       The information on our Web site is to be treated in law as an invitation to you to make an offer, and is not itself an offer. Accordingly, there is no contract between us until we have accepted you as a client by confirmation by letter or e-mail message after receiving your payment.

 

1.3       In respect of additional or secondary services, the contract between us comes into existence when we accept your order for the work concerned.

 

1.4       We are free to refuse your order or to offer to supply you at a different price or under different conditions.

 

1.5       This document forms the basis of the contract between us automatically upon our acceptance.

  

 

2           Identification of the Service

 

You acknowledge that:

2.1       You buy as a business and not as a consumer;

 

2.2       you understand exactly what is included in the Services;

 

2.3       You are satisfied that the Services are suitable and satisfactory for your       requirements;

                                               

2.4       in entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Price and the Services given on our web site.

 

 

3          Price increase

 

The Price is set out on our web site.  We may increase our prices at any time.  If you are a customer, we will give you 28 days months’ notice of any increase in the Price.

 

 

4          Payment and value added tax

 

4.1       You agree to pay the Price monthly or annually for the Services.  Value Added Tax is payable by UK clients and may be payable by other clients in the European Union.  If you can satisfy us that you are resident in a country not liable to value added tax, then we shall not charge it to you.

 

4.2       You may pay by credit card or cheque.  If you pay by cheque it is your responsibility to make sure cleared funds are in our account by the due date.  We do not send regular reminders in respect of cheque payments.  Your affiliate system is at risk if you do not arrange to pay us regularly.

 

 

5          Late payment surcharge

 

5.1       You acknowledge that if any payment for renewal of a contract is not received in our bank by the day on which it is due, we may suspend the Services and / or cancel this agreement.

 

5.2       We may choose not to cancel the agreement if you make an additional payment to us to cover the disruption caused by your late payment.  This payment is:

 

If you have not paid 10 days after the payment became due, the additional payment is $10;

If you have not paid 20 days after the payment became due, the additional payment is $25;

If you have not paid 30 days after the payment became due, your account will be closed and services will be discontinued.

 

5.3       If your account is closed by us because you have not made a payment when due or because you have for any reason failed to give us notice of cancellation you now agree to pay us:

 

All of the Price for Services to the end of the month of cancellation, whenever that is;

The Price for one additional month to compensate us for your failure to give notice;

 

And you agree that these terms are reasonable.

 

5.4       You irrevocably authorise us to tell your affiliates that you account has been closed, if that is so.

 

 

6         Consent to use of personal data

 

6.1      (This paragraph has been included primarily to enable us to comply with the laws of countries within which we operate and should not be taken as evidence that we have any intention to use your data in a way that could cause loss, damage or embarrassment to you. This paragraph does not reduce your statutory legal rights).

 

6.2      We will not store your credit card information without your express permission, given in respect of a single transaction at the point of sale.  All payments for services are handled through our merchant service provider.  We never receive credit card information from you or any other source. The following provisions refer only to data which we do receive.

 

6.3       So far as the law of any country may control the way we gather, store and use data, you now agree that in respect of any data provided by you or arising out of your use of our Services or of this website:

 

6.3.1    We may store your data for up to six years (the limit period for bringing a legal action in most countries);

 

6.3.2    We may send your data to any country for either processing or storage;

 

6.3.3    You accept that we may process your data automatically, rather than manually;

 

 

7          Termination

 

7.1       You may terminate this agreement in accordance with any free trial period or other promotional terms we have offered to you at the time of your entering into the contract.  If you do so, the terms of this agreement still apply so far as not inconsistent with the terms of the promotional offer.

 

7.2       This agreement terminates upon either of us giving the other three months' notice in writing addressed by post to the last known land address or by email to the last known email address of the other of us.  For this and all purposed in connection with this agreement, our addresses are as at the head of this document.

 

7.3       If your cancellation is to be effective, you must give us full information to enable us to identify:

 

      • who you are and
      • that you have proper authority to cancel, and
      • The Service you wish us to cancel.

 

7.4       The agreement may also terminate when we terminate it, without notice, on account of your failure to comply with these terms.

 

7.5       After termination of this agreement for any reason, you are not entitled to a refund of any fees paid to us.

 

 

8          Money refund

 

You are not entitled to a refund of any fees paid to us:

 

8.1       If you terminate this agreement earlier than the contracted date, or

 

8.2       If we terminate this agreement because you have failed to comply with our AUP.

 

 

9           Affiliate management

 

You are solely responsible for the acts or omissions of your affiliates in connection with your website and your business. We draw your attention to the possibility that undesirable affiliates may sign up.

 

 

10        Interruption to services

 

10.1     If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we judge the down time is such as to justify telling you.

 

10.2     You acknowledge that the Services may also be interrupted for reasons beyond our control.

 

10.3     You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.

 

 

11        Technical support

 

So far as we are reasonably able, we will provide full technical support for the Euraffiliates affiliate management programme 24 hours a day for seven days a week, 365 days a year.  We do not guarantee to provide any particular support nor that will the support we provide be adequate for your requirements.  Support will consist in maintenance of the functioning of our servers so that our site (and your affiliate programme) is live as nearly as possible continuously.

 

 

12        Intellectual property ownership

 

12.1     Our use of any intellectual property belonging to us or to any third party as part of the Services shall not operate to transfer any right to you.

 

12.2     You now irrevocably license us to register and use a domain name incorporating some form or abbreviation of your name together with some form or abbreviation of the word "affiliate", or of some word having a similar meaning to the word "affiliate", exclusively for the purpose of operating your affiliate programme.

 

12.3     If you terminate our services for any reason at any time, your license to us to use the domain name referred to above terminates too.  But we are under no obligation to transfer it to you.

 

 

13       Bandwidth and Disk Usage

 

13.1    We shall control your use of radio bandwidth and disk space by charging you an increased price for the Services, based on measured impressions.

 

13.2    Our basic monthly hosting charge covers up to 10,000 impressions per month. We reserve the right to increase the monthly hosting charge if your usage exceeds 10,000 impressions per month.  The levels of usage at which our charges change and the amounts we shall charge at each level are posted on our web site from time to time.

 

 

14        Confidentiality

 

14.1     You are aware that in the course of business you may have access to and be entrusted with information about our business and operation and our dealings, transactions and affairs, all of which information is confidential.

 

14.2     You hereby undertake for yourselves and every employee or sub-contractor whose services you use that neither you nor they will divulge to any person whatever or otherwise make use of (and shall use their best endeavours to prevent the publication or disclosure of) any trade secret or confidential information.

 

14.3     You undertake to make all relevant employees, agents and sub-contractors aware of the confidentiality of information and the provisions of this paragraph and to take all such steps as shall from time to time be necessary to ensure compliance by your employees, agents and sub-contractors with these provisions.

 

 

15        System and Network Security

 

15.1     You agree that you will not, and you will not allow any other person to, violate or attempt to violate any aspect of the security of our systems.

 

15.2     You understand that any such violation is unlawful and that any contravention of law may result in criminal prosecution.

 

15.3     Examples of violations are:

 

Accessing data unlawfully or without consent;

Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;

attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";

Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;

Taking any action in order to obtain services to which you are not entitled.

 

 

16        Privacy policy exception

 

You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you.

 

 

17        No duty to monitor

 

We are under no obligation to monitor or record the activity of any client or affiliate for any purpose other than the proper recording of data as intended by this agreement, nor do we assume any responsibility to monitor or police Internet-related activities.

 

 

18        Your contact details

 

You undertake to provide to us your current land address email address fax and telephone numbers as often as they are changed.

 

 

19        Limitation of liability

 

19.1     We give no warranty in connection with the Services.

 

19.2     We do not represent that the Services are suitable for your use.

 

19.3     You have not relied on us as "experts" in any area.

 

19.4     You agree that in entering into this agreement you have not relied on any representation or other information except the explanation of services and the prices posted on our web site.

 

19.5     We accept no responsibility for:

 

Any firewall provision not specified in the Services;

Any malfunction in any software whether provided by you or by us;

Any aspect whatever of the content of your web site.

 

19.6     You agree that in any circumstances when we may become liable to you, the limit of our liability for any one event, act or omission is the amount you have paid us in the immediately preceding 12 month period.

 

19.7     (for the avoidance of doubt) we shall not be liable to you for loss of profits goodwill or any type of special, indirect or consequential loss (including loss or damage suffered by you as a result of an action brought by a third party) even if such loss was reasonably foreseeable or we had been advised of the possibility of your incurring it.

 

 

20        You indemnify us

 

You agree to indemnify us against all costs claims and expense arising directly or indirectly from:

 

Your failure to comply with the law of any country;

The posting by you of any content on your web site;

A breach of the intellectual property rights of any person;

The posting by any third party with or without your knowledge of any material on your web site;

Any action taken or omitted by any third party in relation to your web site;

Any use of your web site for a purpose forbidden by this agreement;

And for the purpose of this paragraph you agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at $60 per hour without further proof.

 

 

21        Force majored

 

21.1     Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control.

 

21.2     Each of the parties agrees to give notice immediately to the other upon becoming aware of an event of force majored such notice to contain details of the circumstances giving rise to it.

 

21.3     If a default due to force majored continues for more than 6 weeks then the party not in default shall be entitled to terminate this agreement. Neither party shall have any liability to the other in respect of the termination of this agreement as a result of force majored.

 

 

22        Successors to the agreement

 

22.1     The benefit and obligations of this agreement shall be binding on any successor in title.

 

22.2     Neither party shall be entitled to assign this agreement nor all or any of their rights and obligations hereunder without the prior written consent of the other.

 

 

23        Dispute Resolution

 

In the event of a dispute arising out of or in connection with this Contract and which has not been resolved following discussions and negotiations between a person or persons appointed or authorised by the Customer and the Web Writers then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

 

 

24        Waiver

 

Failure by us to enforce at any time or for any period any one or more of the terms or conditions of this Contract shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Contract.

 

 

25        Jurisdiction

 

This Contract shall be interpreted according to the laws of England.

 

 

Copyright Andrew Taylor 2002 to 2008


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