** IMPORTANT - Please read the terms and conditions below **
Terms and Conditions
Affiliates Terms and Conditions Please read, understand and agree with our standard terms before signing up as an Affiliate This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in ClickAunty Limited' Affiliates Scheme (the "Scheme"). As used in this Agreement, "we" means ClickAunty Limited., "you" means the applicant, and "services" means the ClickAunty services that are provided to you by us through the www.ClickAunty.com website and offered by ClickAunty Limited. Definitions "affiliate" means the company or individual who has signed up to be an affiliate of ClickAunty Limited. "commissions" means the payments made to an affiliate by ClickAunty Limited "cookie" means a file planted in a customer's disk drive, that is used to track where a customer originated from by the ClickAunty affiliate scheme. "Affiliate Scheme" means the affiliate management solution, that supports affiliates, tracks referrals and orders and manages commissions. Enrolling as an affiliate To begin the enrollment process, you will submit a complete scheme application via our site. We may reject your application if we determine (at our sole discretion) that your site is unsuitable for the Scheme. We may also reject your application if you are partaking in any other scheme or offer from ClickAunty Limited. Linking to our site After you have enrolled as an afflilate, you can provide one or more links from your site to our site. We will provide you with special link formats designed for tracking and reporting for all links between your site and our site. You will be solely responsible for properly utilising the link formats. We do not accept any responsibility for the incorrect use of the special links / link formats and therefore we shall not be accountable for any loss of fees as a result of your errors. Commission Subject to the terms and conditions of this Agreement, you will be paid commission for each customer referred from your site through the ClickAunty Limited link on your site who successfully purchases a paid subscription on the ClickAunty Limited site using a credit card. If it is later found that the customer's purchase was refunded, we retain the right to withhold any payments to you resulting from that individual's purchases. No commission will be paid on orders deemed to be suspect of, or indeed fraudulent, untill such time as ClickAunty Limited are completely satisfied that no charge backs will occur. The affiliate scheme relies on cookies to track customers. If for whatever reason, the customer isn't using cookies, or the cookie expires or the customer deletes the cookie, they cannot be tracked and you will not earn commission for any sales that customer may make. Our cookies are set to expire after one year. If at any time the commissions owed to you become less than the total deductions due to refunds as mentioned above the difference shall be immediately payable to ClickAunty Limited. Commission may not be paid to an affiliate if the details we hold for that affiliate are not accurate. It is the affiliate's responsibility to make sure that ClickAunty Limited is notified of any change in their details such as email or postal address. We also reserve the right to cancel commission payments if we believe that there has been any fraudulent attempts to use the service. Commission Schedule You will earn an affiliate referral fee of 25 percent (25%) and/or an affiliate renewal fee of 15% which is payable to you at the end of each month provided that the commission owed is more than GBP £60.00. Commissions will be paid monthly and you will receive all commission on payments that have been cleared at least 8 weeks. We only pay after at least 8 weeks due to the risk of charge-backs should the customer's card have been stolen or misused in some way. You will receive your commission through the post by cheque in £'s (GBP) payable at the rate of exchange applicable at the time of the transaction. Affiliates are responsible for charges relating to currency conversion that their bank may charge. Affiliates that show a high referral rate and earn more than £500 per quarter may negotiate to be paid by bank transfer in UK pounds. Note: There is a £60 (GBP) minimum required to be accrued before payment can be made. If the account does not accrue this minimum during the month, the payment will be held over until the following month and so on until the condition is satisfied. Policies and operating procedures Customers purchasing services from ClickAunty Limited through this scheme will be deemed to be customers of ClickAunty Limited. Accordingly, all ClickAunty Limited agreements, privacy policy and terms and conditions and operating procedures concerning the services will apply to those customers. We may change our agreements, privacy policy and terms and conditions and operating procedures at any time. Limited License We grant you a non-exclusive, non-transferable, non-sublicensable, revocable right to use our logos and text for which we grant express permission, solely for the purpose of identifying your site as a scheme participant. You agree that you will not engage, participate or otherwise become involved in any activity or course of action that diminishes and/or tarnishes the image and or reputation of ClickAunty Limited. We may revoke your license. Your Responsibility You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. You will indemnify, defend 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 as well as any goods or services provided or made available by you. These obligations will survive any termination of this Agreement. You acknowledge and agree that your Web site information (name, URL, traffic counts, etc.) may be utilized by ClickAunty Limited. Possible uses include (but are not limited to) lists of the busiest sites, lists of member sites, etc. The information provided by ClickAunty Limited to you may be proprietary in nature. You acknowledge that you are not a competitor of ClickAunty Limited, and agree not to share this information with any of our competitors. Any violation of these terms and conditions may cause us to terminate this agreement. Inappropriate Conduct Activities Subject to Immediate Deactivation. Any Affiliate Scheme that is used for illegal, abusive or unethical activities may be immediately deactivated by ClickAunty Limited without warning to Applicant. Illegal, abusive or unethical activities include, but are not limited to, obscenity, violations of privacy, false product claims, false pricing claims, unsolicited bulk emailing (spamming) of the Affiliate scheme links and any harassing or harmful materials or uses assoicated with the linking to ClickAunty Limited scheme, as determined by ClickAunty Limited. Applicant agrees to indemnify and hold ClickAunty Limited and its suppliers harmless from any claim resulting from Applicant's publications or use of the Affiliate scheme links, Illegal, Abusive or Unethical materials. ClickAunty Limited is not required to give notice before deactivating Applicant's use of ClickAunty Limited's Affiliate scheme if, in ClickAunty Limited's discretion, Applicants use is or results in illegal, abusive or unethical activities. If an Affiliate scheme is disabled as a result of breach of this section, no further commission payments will apply. Misrepresentation. Applicant is not permitted to represent themselves as ClickAunty Limited (the Company), however, Applicant may use link wording such as "ClickAunty Limited Indian Dating Services" or "Powered by ClickAunty Limited" as part of the hyperlink wording that customers click on to go to the Affiliate Scheme. Term The term of this Agreement will begin upon our acceptance of your application and will end when terminated by either party. Either you or ClickAunty Limited may terminate this Agreement at any time, with or without cause, by giving the other party written or emailed notice of termination. You are only eligible to earn referral fees on domain name registrations occurring during the term of this Agreement only. We may withhold your final payment to ensure that the correct amount is paid. Your site is subject to periodic review. If we determine at any point after acceptance into our scheme that your site is not suitable for the scheme, we may unilaterally end the status of your site as an Affiliate. Modification We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a new agreement on our site. Your continued participation now, or within thirty (30) days following the posting notice of any changes in these terms and conditions, will constitute a binding acceptance by you of such rules, changes or modifications. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. Your continued participation in the scheme following our modifications will constitute a binding acceptance of the change. Limitation of Liability We will not be liable for indirect, special or consequential damages (or loss of revenue, profits or data) arising in connection with this agreement or the affiliate scheme, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this agreement and the affiliate scheme will not exceed the total Affiliate Referral Fees paid or payable to you under this agreement. 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. Independent Investigation You acknowledge that you have read this agreement, have had an opportunity to consult with your own legal advisors if you so desired, and agree to all the terms and conditions set forth herein. You agree that, in interpreting this agreement, no weight shall be placed upon the fact that this agreement has been drafted by us, and you shall not assert that this agreement is unenforceable or invalid on the grounds that it is a contract of adhesion, that it is unconscionable or any similar theory. 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. Miscellaneous This Agreement will be governed by the English law, 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. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and solicitors' fees, whether or not a suit is actually filed. Applicant certifies that it is at least 18 years of age. Transfer. Applicant may not transfer or assign this Agreement without the written consent of ClickAunty Limited. Through the act of signing up onto the Affiliate scheme, it is deemed that you are agreeing to these Affiliate scheme Terms and Conditions. If you do not agree with the above conditions, you should not sign up onto the ClickAunty Limited Affiliate scheme.