eazyCMS Affiliate Terms

Definitions “We”, “we”, “Us”, “us”, “Our”, “our” and derivatives thereof refer to Eazyweb Internet Services, being the sole developers and providers of the eazyCMS web building service (the “Service”). “You” or “Affiliate” is an entity interested in generating income from paid referrals to the eazyCMS service.

Terms of the Agreement: The term of this Agreement will begin upon our acceptance of your Affiliate application 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 notice of termination. You are only eligible to earn referral fees on sales occurring during the term.

Enrolment Process: To begin the enrolment process, Affiliate will submit an application via eazyCMS.com. We will evaluate Affiliate's application and will notify Affiliate of Affiliate's acceptance or rejection. We may reject Affiliate's application if we determine that Affiliate's site is unsuitable for the Affiliate Program. Reasons for rejection can include, but are not limited to the Affiliate's site promoting violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or the Affiliate's site promoting illegal activities and/or violating intellectual property rights.

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 change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available referral fees, 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.

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 to this Agreement.

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 website. 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.

SPAM: We have a zero tolerance policy for SPAM. Any Affiliate accused of Spamming will be immediately removed from our affiliate program. The only recourse you will have to maintain your affiliate relationship is proof of 'opt-in' that will undermine the validity of the SPAM complaint. Valid SPAM complaints will result in the immediate termination of your account and forfeiture of any commissions owed you.

Miscellaneous: This Agreement will be governed by the laws of England & Wales. Any action relating to this Agreement must be brought in the courts located in the home country of eazyCMS, 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 be 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.

Linking: We will provide you with textual and graphical links (Link Materials) with which you may link your Web site to the eazyCMS website. These Link Materials are available in your Affiliate Resource Centre, by logging in via the eazyCMS homepage. Full instructions for use are included. If you are an approved Affiliate, we grant you a non-exclusive limited license solely to reproduce and use these Link Materials, including our trademarks to the extent they are incorporated into these Link Materials, only while you are an Affiliate and only in accordance with the terms and conditions of this Agreement. You many include Link Materials in mailings to your opted-in lists (see section 6 regarding Spam) and in other advertisements at your discretion. You agree to display the Link Materials appropriately on your Web site and in advertisements, and to respect our trademarks, service marks, and other rights in the Link Materials. You will use only these Link Materials to link to eazyCMS.com, and you will not alter the look or feel of these Link Materials or of our Web site in any way. You will use reasonable efforts to update to new versions of Link Materials as we make them available.

Tracking: We will be solely responsible for tracking sales using special software that communicates with the specially encoded URLs assigned to Affiliates. eazyCMS will endeavour to do its best to ensure accurate tracking of referrals made by Affiliates. Affiliates will themselves be solely responsible for ensuring that these special URLs are formatted properly, a necessary prerequisite to accurate tracking of referral sales. Notwithstanding the above statement of responsibility by eazyCMS to track sales, Affiliates hereby acknowledge and accept that the tracking system employed by eazyCMS is not 100% fail-safe and that there may on occasion be instances of referral sales made that are not credited to an Affiliate for any of the following possible reasons: Failure by the Affiliate to use the proper format of the specially assigned URL in promotions, webpage links, banner ads, and so on; Deliberate or accidental actions by customers to circumvent an Affiliate's special URL so that our software is unable to accurately track that sale; Bugs, glitches or crashes of the tracking software that render it unable to accurately track sales for a period of time. Acts of nature that cause irretrievable data loss on the computers and back-up disk media.

Sub-Affiliate Tracking. The eazyCMS Affiliate Scheme can track multiple levels of Affiliates. However, multiple-tiered Affiliates may not be the same entity (whether individual or company). For the avoidance of doubt, an Affiliate cannot attempt to pass himself off as a Sub-Affiliate. When detected during commission calculations, such activity will result in deactivation of both Affiliate accounts and loss of all commissions.

Relationships and Responsibilities. 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; 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.

Relationship of Parties: Eazyweb Internet Services and You or Your company 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 understand you are acting as independent party and as such are responsible for your own taxes and any other liabilities. 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. You agree that you are not authorised to act on our behalf other than marketing our products and services as an independent party for a commission.

Copyright: Eazyweb Internet Services owns the copyrights to the eazyCMS Sitebuilder and eazyCMS editing system. Affiliate members and purchasers do not have the rights to redistribute or resell the eazyCMS SiteBuilder or derivative versions of the products outside of our License Agreement. Affiliates may market our products but all sales must be processed through the eazyCMS.com site.

Payment: Commissions on on-line sales are paid on Net sales (ie. the purchase price excluding any sales tax). We use both cookie tracking and server side tracking. Our cookies are non-expiring so repeat visits that do not come directly from your site will still count towards your commissions if the cookie is not otherwise removed. Orders are not eligible for commissions until all monies are received by Us from WorldPay. For your information, there is a delay of approximately 30 days before We receive payment from WorldPay. Payments are made to Affiliates at the end of each month, on valid, eligible Accounts that are in credit to £20 GBP or more. To help combat credit card fraud, commissions only become payable on orders for which full funds have been received from WorldPay. If transactions incur a charge-back it will not count towards Affiliates commissions. If commissions have already been paid on a charge-back that amount will be deducted from future checks. Payments to non-UK accounts are paid via PayPal or by a cheque in UK Sterling. If the transaction involves a currency conversion, it will be completed at a retail foreign exchange rate determined by PayPal, which is adjusted regularly, based on market conditions. Eazyweb Internet Services shall not be liable in any way for any losses incurred due to fluctuations in exchange rates.

Affiliate Purchases. Affiliates may purchase from their own link only if they agree to actively promote eazyCMS.com for at least 30 days via web site links or e-zine promotions.