Join Affiliate Scheme - Step 1 - Scheme Agreement

The first step in joining our Affiliate Scheme is to read and accept, in its entirety, the Terms and Conditions of our Affiliate Scheme Agreement.

Please print this page out and read it.

If you accept this Affiliate Scheme Agreement, in its entirety, click the button at the bottom of this page to continue.

AFFILIATE AGREEMENT

This Agreement constitutes the entire terms and conditions that apply to the Tenset Technologies Limited Affiliate Scheme (the "Scheme"). As used in this Agreement, "we" means Tenset Technologies Limited, a limited company registered in England, and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to Tenset Technologies's site (www.tenset.co.uk) or to the site that you will link to our site.

1. Application and Approval
To apply to join the Scheme, you must submit a complete Scheme application on our site. Once we have evaluated your application, we will inform you of its acceptance or rejection. Your application will be rejected if we decide, at our sole discretion, that your site is unsuitable for the Scheme on grounds which include, but are not limited to, those that: promote or encourage sexually explicit materials; promote or encourage violence; promote or encourage discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; promote illegal activities; or infringe the intellectual property rights of others.

2. Order Monitoring
We will monitor and process orders for products placed by customers who follow special links from your site to our site. You will be able to obtain access to reports summarising this sales activity. The form, content, and frequency of the reports may vary from time to time at our sole discretion. To enable accurate monitoring, reporting, and commission collection, it is your responsibility to ensure that the special links between your site and our site are properly formatted and include your unique Affiliate ID. When a customer visits our site as a direct result of following one of your special links, the Affiliate ID is used to monitor orders placed by that visitor within 7 days of the referral from your site. Correct monitoring of the Affiliate ID with orders placed requires that the customer's web browser accepts cookies and correctly supports JavaScript version 1.2 or later. If either of these conditions is not met by the customer's web browser no commission will be paid.

3. Affiliate Link Placement
As part of your application to join the scheme you will inform us of the domain name of the site on which you intend to place the special affiliate links. If you wish to subsequently change your site's domain name you must inform us at least 7 days in advance by notice as per clause 15. If you wish to include the special affiliate links on other sites you may only do so after obtaining authorisation from us in advance. You will not post your special affiliate links on any email mailing list or discussion forum in any way, including but not limited to signature lines in such messages. You will not include your special affiliate links nor mention our products or web site in any form of unsolicited email sent by you or on your behalf.

4. Qualifying Products
In order for a product sale to qualify for a commission, the customer must follow a link in the format specified by us from your site to ours; purchase the product using our online ordering system; accept delivery of the product at the shipping destination; and remit full payment to us - what we call a "completed purchase". We reserve the right to reject orders that do not comply with the prevailing requirements that we may impose from time to time, in which case no commission will be payable on such non-qualifying order.

5. Commissions
You will earn commissions based on the sale price of our products based on rates in force from time to time. Commission is not given for sales of services such as support extensions. Commission is not given for purchases made by or on behalf of yourself. The current commission rate is 10% of the listed price (the price listed by the relevant product on our web site) for all products featured on our site. We will pay commissions on a quarterly basis within 30 days following the end of the quarter in which they are earned. Payment will be for the commissions earned on products that were shipped during the relevant quarter, less any withholding or other applicable taxes. Commissions will be calculated in UK Sterling currency. Commissions relating to product sales made originally in US Dollars will be converted to UK Sterling equivalent using the rate in force at time of commission payment. Commissions due for amounts under £50.00 will be withheld until the total amount due is at least £50.00 or, if earlier, until this Agreement is terminated. Affiliates resident in the UK will be paid by cheque. Affiliates resident in all other countries will be paid using PayPal (www.paypal.com). Other forms of payment may be considered at our sole discretion. Commissions paid for returned products will be deducted from the corresponding commission of your next payment. If no commissions are payable during the following quarter, you will be invoiced for the overpayment.

6. Policies and Pricing
Customers purchasing products through this Scheme will be treated as customers of Tenset Technologies Ltd and will be subject to all our rules, policies, and operating procedures concerning customer orders, customer service, and product sales. Our policies and operating procedures may be varied from time to time including the prices of our products in line with our own pricing policies.

7. Your Site
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. Accordingly, you will be solely responsible for ensuring that materials posted on your site are not illegal and do not violate or infringe the rights of any third party including, but not limited to, copyrights, trademarks, privacy, or other personal or proprietary rights. We disclaim all liability whatsoever in respect of these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, legal fees) relating to the development, operation, maintenance, and contents of your site.

8. Term of the Agreement
The Term of this Agreement will commence upon our acceptance of your Scheme application and will end when terminated by either you or us in accordance with this Agreement. Either party may terminate this Agreement at any time for any reason by giving the other party notice of termination as per clause 15. You are only eligible to earn commissions on completed purchases occurring during the Term. Commissions earned prior to the date of termination will remain payable only if the related orders are not cancelled or returned. We may withhold your final payment for a reasonable time in order to calculate adjustments for returns and cancellations.

9. Variation
We may vary any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Variations may include changes in the scope of available commissions, commission schedules, payment procedures, and Scheme rules.

If any variation is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the Scheme following our posting of a change notice or new agreement on our site will constitute binding acceptance by you of the change.

10. No Partnership
Nothing in this Agreement will create or be deemed to create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Agreement.

11. Limitation of Liability
We will not be liable for any indirect, special or consequential damages or any loss of revenue, profits or data arising in connection with this Agreement or the Scheme, even if we have been advised of the possibility of such. Further, our aggregate liability arising with respect to this and the Scheme will not exceed the total commissions paid or payable to you under this Agreement.

12. Disclaimers
We make no express or implied warranties or representations with respect to the Scheme or any products sold through the Scheme including, without limitation, warranties of fitness, merchantability, non infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage. In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

13. Independent Investigation
You acknowledge that you have read this Agreement and agree to all its terms and conditions. You understand that we may at any time, directly or indirectly, solicit customer referrals on terms that may differ from those contained in this agreement or operate web sites that are similar to or compete with your web site. You have independently evaluated the desirability of participating in the Scheme and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.

14. Miscellaneous
This Agreement is governed by the laws of England and Wales, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the courts of England and Wales, 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 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.

15. Notices
Notices under this agreement may either be in writing using first class mail to the last known postal address of the receiving party or may be by email. Email notices sent by us will be sent to the last known email address of which you have informed us. Email notices sent to us should be sent to ba@tenset.co.uk.

[Last updated November 21st 2002]