Affiliate Program Terms and Conditions
Operating Agreement
This Agreement contains the complete terms and conditions that apply
to an individual's or entity's participation in the Macroom Land Trust
Affiliates Program (the 'Program'). As used in this Agreement, 'we'
means Macroom Land Trust, and 'you' means the applicant. 'Site' means
a World Wide Web site located at the URL www.apieceofireland.com
or to the site that you will link to our site (and which you will identify
in your Program application).
Enrollment in the Program
To begin the enrolment process, you will complete the application form
above. We will evaluate your application in good faith and will notify
you of your acceptance or rejection. We may reject your application
if we determine (at our sole discretion) that your site is unsuitable
for the Program. Unsuitable sites include those that:
Promote sexually explicit materials
Promote violence
Promote discrimination based on race, sex, religion, nationality, disability,
sexual orientation, or age
Promote illegal activities
Promote the use of bulk e-mail or spam
Otherwise violate intellectual property rights
If we reject your application, you are welcome to reapply to the Program
at any time. You should also note that 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.
Links on Your Site
You will be provided with a unique affiliate identification code which
must be used in all pages that generate sales. We will not be liable
to you with respect to any failure in the use of the unique identification
code including to the extent that such failure may result in any reduction
of amounts that would otherwise be paid to you pursuant to this Agreement.
Order Processing
We will process product orders placed by customers who follow the links
from your site to our site. We reserve the right to reject orders that
do not comply with any requirements that we periodically may establish.
We will be responsible for all aspects of order processing and fulfillment.
Among other things, we will prepare order forms; process payments, cancellations,
and returns; and handle customer service. The form, content, and frequency
of the reports may vary from time to time at our discretion. All of
our rules, operating procedures and policies regarding customer orders
and accounts will apply to orders we receive through the special link
from your sponsoring Web site. We reserve the right to reject any order
for any reason, including any order that does not comply with our rules,
operating procedures and policies or that violates applicable law.
Tracking of Sales
We will track sales made to customers who use the unique Affiliate
code from your sponsoring Web site. You will be solely responsible for
ensuring that your special link includes your unique Affiliate code and
is formatted properly, a necessary prerequisite for us to track such sales.
Statements of referral product sales activity are available to you at
any time and you will have private access to yours stats, which are updated
daily. All statements after 30 days shall be deemed correct unless you
give us notice of any error prior to that date. We shall not be responsible
for any errors you or your customers make which result in any loss of
any tracking information contained in the special link. To protect our
customers' privacy, the names or other personal information about specific
customers will not be provided to you.
Policy Applies to All Orders: Every customer who buys a product through
this program is deemed to be a customer of Macroom Land Trust. You do
not have the authority to make or accept any offer of purchase on our
behalf. All of our policies regarding customer orders, including product
availability, pricing and problem resolution, will apply to these customers.
We are not responsible for any representations you make which conflict
with our policies.
Product Prices and Availability
The price charged for every product sold under this program will be determined
by us according to our own pricing policies. Product prices may vary from
time to time, including suppliers' price increases and special discounts
offered by us on products that may already be listed by you. You may not
specify product prices in your descriptions and our policies will always
determine the price paid by the customer. Product availability changes
frequently and we will endeavour to present our best available information
regarding product availability. We cannot guarantee the availability or
price of any product.
Referral Fees
We will pay you referral fees on certain product sales to third parties.
For a product sale to be eligible to earn a referral fee, the customer
must follow a link from your site to our site, select and purchase the
product using our ordering system, accept delivery of the product at the
shipping destination, and remit full payment to us.
Referral Fee Schedule
You will earn referral fees based on qualifying revenues according to
referral fee schedules to be established by us and based around the minimum
and maximum prices for items that are available through the program.
Referral Fee Payment
We will pay you referral fees on a quarterly basis. Approximately 7 days
following the end of each quarter, we will send you payment for the referral
fees earned on our sales of qualifying products that were shipped during
that month. However, if the referral fees payable to you for any quarter
are less than US$25.00, we will hold those referral fees until the total
amount due is at least $25.00 or (if earlier) until this Agreement is
terminated. If the customer returns a product that generated a referral
fee, we will deduct the corresponding referral fee from your next quarter
payment. If there is no subsequent payment, we will send you a bill for
the referral fee.
Policies and Pricing
Customers who buy products through this Program will be deemed to be customers
of Macroom Land Trust. Accordingly, our policies, and operating procedures
concerning customer orders, customer service, and product sales will apply
to those customers. We may change our policies and operating procedures
at any time. For example, we will determine the prices to be charged for
products sold under this Program in accordance with our own pricing policies.
Product prices and availability may vary from time to time. We will use
commercially reasonable efforts to present accurate information, but we
cannot guarantee the availability or price of any particular product.
Limited License
We grant you a nonexclusive, revocable right to use the graphic images
and text we supply and such other images for which we grant express permission,
solely for the purpose of identifying your site as a Program participant
and to assist in generating product sales. You may not modify the graphic
image or text, or any other of our images, in any way. We reserve all
of our rights in the graphic image and text, any other images, our trade
names and trademarks, and all other intellectual property rights. You
agree to follow our Trademark Guidelines, as those guidelines may change
from time to time. We may revoke your license at any time by giving you
written notice.
Responsibility for 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. For example,
you will be solely responsible for:
The technical operation of your site and all related equipment Creating
and posting descriptions on your site and linking those descriptions to
our site.
The accuracy and appropriateness of materials posted on your site (including,
among other things, all product-related materials).
Ensuring that materials posted on your site do not violate or infringe
upon the rights of any third party (including, for example, copyrights,
trademarks, privacy, or other personal or proprietary rights)
Ensuring that materials posted on your site are not libellous or otherwise
illegal.
We disclaim all liability for these matters. Further, you will indemnify
and hold us harmless from all claims, damages, and expenses (including,
without limitation, attorneys' fees) relating to the development, operation,
maintenance, and contents of your site.
Term of the Agreement
The Term of this Agreement will begin immediately and will end when terminated
by either party. Either you or we may terminate this Agreement at any
time, with or without cause, by giving the other party written (email)
notice of termination. Upon the termination of this Agreement for any
reason, you will immediately cease use of, and remove from your site,
all links to our site, and all ireland-information.com trademarks, trade
dress and logos, and all other materials provided by or on behalf of us
to you pursuant hereto or in connection with the Program. You are only
eligible to earn referral fees on our sales of qualifying products occurring
during the term, and referral fees earned through 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 to ensure that
the correct amount is paid. Cancellation of This AgreementEither party
may choose to cancel or terminate this agreement at any time and for any
reason by written notice of cancellation or termination to the other.
WARRANTY DISCLAIMER
WE MAKE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS WITH REGARD TO THE
PROGRAM OR ANY PRODUCTS SOLD THEREUNDER, WHETHER EXPRESS OR IMPLIED, ARISING
BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT
OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF
DEALING OR USAGE OF TRADE. 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. LIMITATION
OF DAMAGESWE 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 WE WERE ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE 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 US TO YOU UNDER THIS
AGREEMENT.
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 change notice or
a new agreement on our site. Modifications may include, for example, changes
in the scope of available referral fees, referral 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.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement
will 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 Section.
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 this Agreement.
Disclaimers
We make no express or implied warranties or representations with respect
to the Program or any products sold through the Program (including, without
limitation, warranties of fitness, merchantability, noninfringement, 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.
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 program and are not relying on any
representation, guarantee, or statement other than as set forth in this
agreement.
Spamming
Any Affiliate who sends unsolicited email messages promoting their Affiliate
Links or Pages or in any other way promoting their affiliation with Macroom
Land Trust will be immediately removed from the program. Any Affiliate
who repeatedly spams any of the Search Engine indexes will be similarly
excluded.
Miscellaneous
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.
Governing Law
This Agreement shall be governed by and construed in accordance with the
substantive laws of Ireland, excluding its conflict of laws principles.
Any lawsuit relating to this Agreement must be brought in the courts located
in Ireland.
Headings
The titles and headings of the various sections and paragraphs in this
Agreement are intended solely for convenience of reference and are not
intended for any other purpose whatsoever, or to explain, modify or place
any construction upon or on any of the provisions of this Agreement.
Assignment
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.
Waiver
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.
Free to Contract with Others
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.
Independent Investigation
You have independently evaluated the desirability of participating in
the program and are not relying on any representation, guarantee, or statement
other than as set forth in this agreement.
ACKNOWLEDGMENT AND ACCEPTANCE OF THE TERMS
BY SUBMITTING THIS APPLICATION AND CHECKING THE "I AGREE TO THE
TERMS AND CONDITIONS" BOX, YOU ACKNOWLEDGE THAT YOU HAVE READ AND
REVIEWED THIS AGREEMENT IN ITS ENTIRETY AND AGREE TO ALL ITS TERMS AND
CONDITIONS.
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