WILD RABBIT LIMITED

Legal Agreement

Affiliate Terms & Conditions

Document Updated: 14 January 2014

Wild Rabbit Limited

No.1 Eastoke Place

Tattenhoe

Milton Keynes

MK4 3EY

United Kingdom

Phone: (+44) 2030 514 953

Email: contactus@wildrabbitlimited.com

Web: www.wildrabbitlimited.com

Copyright

All Rights Reserved. No part of this document can be reproduced or transmitted in any form or by any means, electronic or mechanical, for any purpose, without the express written permission of Wild Rabbit Limited.

Disclaimer

Whilst we do our utmost to ensure accuracy within this document, we make no warranty of fitness for any particular purpose and cannot accept liability for any errors or omissions contained herein.

No part of this document is intended to represent financial advice or recommendation on a specific course of investment action. Example persons, companies and transactions are fictitious and for illustrative

purposes only.

 

Wild Rabbit Limited: Affiliate Terms & Conditions

Table of Contents

THIS AGREEMENT........................................................................

1.1 USE OF LINKS AND GENERAL SALES CONDUCT.............................

1.2 COPYRIGHT AND TRADEMARK.......................................................

1.3 TRACKING OF SALES AND COMMISSIONS.......................................

1.4 COMMISSION ON SALES.................................................................

1.5 ORDER PROCESSING......................................................................

1.6 PAYMENT OF COMMISSION............................................................

1.7 SUB-AFFILIATES..................................................................................

1.8 TERMINATION OF THIS AGREEMENT..............................................

1.9 INTERRUPTION OF SERVICE...........................................................

1.10 MODIFICATION OF THIS AGREEMEN.T.........................................

1.11 LIMITATION OF DAMAGES.............................................................

1.12 DISCLAIMER OF WARRANTY.......................................................

1.13 ASSIGNMENT..............................................................................

1.14 OUR RELATIONSHIP WITH YOU…..................................................

1.15 GOVERNING LAW.......................................................................

This Agreement

These terms and conditions form the basis upon which you agree to be an affiliate reseller (associate) of any Wild Rabbit Limited product. Participation in the program indicates acceptance of these terms. This agreement describes the entire terms and conditions for participation in Wild Rabbit Limited Associates Program. In this agreement, the term "Participant" refers to you (the applicant), and "sponsoring website" refers to the website from which you will link to Wild Rabbit Limited or any of its associated web sites. Wherever the agreement refers to "you" or "your", it means "the Participant"; "we" or "our" refer to Wild Rabbit Limited and the terms "product" or "products" refer to any current product unless specifically notified otherwise.

 

1.1 Use of links and general sales conduct

You can add or remove links at any time - you may add as many links to Wild Rabbit Limited or its products, or remove such links, at any time and without prior approval from Wild Rabbit Limited. In order for us to correctly track sales accountable to you, you must link to the pages specified by us, in the manner specified by us. We cannot be responsible for untracked sales caused by the use of non-approved linking mechanisms. You do not represent and have no authority to quote prices on our behalf. You may not use any affiliate link to purchase copies for yourself, your known colleagues or for resale. You acknowledge that such use may result in the withdrawal of your affiliate status and any licences that you have purchased being deactivated. In such cases no refund will be given. We expect our affiliates to uphold the highest levels of conduct. Where we feel that an affiliate has fallen short of our required standards, we reserve the right to terminate the agreement without further notice. This includes, but is not limited to, misleading descriptions or inappropriate content or positioning of product details. We do not tolerate use of unsolicited mass mailing sales techniques (commonly known as ‘spam’), and use of such techniques may result in the termination of this contract. In such cases, any monies due in commission will be forfeit and become the property of Wild Rabbit Limited. You may not submit any of our products to ‘Warez’, ‘Download’ or other websites that you do not have administrative and legal control over without our permission.

 

1.2 Copyright and trademark

The participant is responsible for ensuring that all sales material is suitable and that they have permission to use such material. The participant may use our product trademarks within the context of this agreement where appropriate for the purposes of selling the product.

 

1.3 Tracking of sales and commissions

We are solely responsible for tracking all sales arising as a result of referrals from you. We will provide a summary of sales along with monthly payment where it exceeds our lower payment limit which may be altered from time to time.

 

1.4 Commission on sales

We will pay you 15% of the total value of goods before the application of VAT or any other taxes and postage & packaging where the purchaser has followed an internet link with the affiliate ID embedded within it, or the user quotes you as the referral source of the sale. Commissions are only paid on completed sales where the purchaser has paid in full and after any ‘money-back’ refund period has elapsed. We currently only pay commission on sales of software. We do not pay commission on sales of support packages.

 

1.5 Order processing

We are responsible for fulfilling orders sent to us, including the taking of payment and shipping of goods. You may not take payment on our behalf, and the customer shall be deemed to have entered into contract with, and be a customer of, us. The current price for a product is always that shown on our website.

 

1.6 Payment of commission

We will pay you monthly in arrears for all commission due. The accounting period for this purpose is normally the calendar month end, but we may alter this arrangement if necessary. Where we alter this arrangement we will endeavour to give as much notice as possible, but we are not obliged to do so. Payments are by electronic bank transfer only. Where a purchaser returns goods for any reason, the commission due shall be reclaimed. Where the commission has already been paid to the affiliate, the reclaimed amount shall be offset against future payments. Where the affiliate terminates this agreement, all reclaimed monies must be paid in full immediately.

 

1.7 Sub-affiliates

We do not currently give commission for sub-affiliate sales.

 

1.8 Termination of this agreement

Either party may terminate this agreement without notice. Notice of termination must be given by email or other suitable written means. Where termination takes place and commission is outstanding, this money will be paid at the next scheduled accounting point (normally the month end). Where the agreement is terminated, the affiliate participant must cease usage of all links and copyright material. Details of this agreement are considered confidential between us and you must not reveal its detail to another third party without our written consent. To do so will result

in immediate termination of this agreement.

 

1.9 Interruption of service

We do our best to ensure availability of service. You agree that we will not be held responsible for any service interruptions, howsoever caused.

 

1.10 Modification of this agreement

We may, from time to time, amend this agreement and post to the affiliate’s area on our website.

 

1.11 Limitation of damages

Wild Rabbit Limited shall have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the program, even if Wild Rabbit Limited has been advised of the possibility of such damages. Further, Wild Rabbit Limited's total liability arising under or with respect to this agreement or the program shall in no event exceed the total referral fees paid or payable by Wild Rabbit Limited to the Participant under this agreement.

 

1.12 Disclaimer of warranty

We make absolutely no warranty as to the fitness of purpose for this program, the systems used thereby or the products sold therein.

 

1.13 Assignment

You may not assign this agreement to any other person or entity without the written consent of Wild Rabbit Limited.

 

1.14 Our relationship with you

Nothing in this agreement is intended to imply any form of employment or subcontract, partnership, franchise or joint venture.

 

1.15 Governing Law

This agreement shall be governed by the laws of the England.

 

Reproduction without permission is prohibited.