Government
Auctions UK LLC
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FOR SECURITY GAUK WILL COLLECT AND STORE THE IP OF THE COMPUTER USED TO SUSCRIBE AND ALL ACCESS AND LOG IN FILES ARE STORED FOR UP TO FIVE YEARS.
These Affiliate Terms & Conditions are published here and available for study before an application is made. You should carefully read the Terms & Conditions before using Government Auctions UK LLC affiliate scheme. By using Government
Auctions UK LLC products and services you are indicating
your agreement to be bound by these Terms & Conditions. This is a legally binding agreement.
If you do not agree with the Terms & Conditions
you should not use Government Auctions UK LLC. |
Affiliate Scheme
Terms of use
This Agreement contains the complete terms and conditions that
apply to an individual's or entity's participation in GAUK Online,
Government Auctions UK LLC, Auctions International Ltd Affiliates
Scheme (the "Scheme"). As used in this Agreement, "we" means Government Auctions UK LLC, "you" means the applicant, and "services" means subscription services offered by Government
Auctions UK LLC.
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 Government Auctions UK LLC.
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.
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 Government Auctions UK LLC 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.
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.
Commission
Subject to the terms and conditions of this Agreement, you
will be paid commission for each customer referred from your
site
through the Government Auctions UK LLC link on your site who
successfully purchases a product or subscription on the Government
Auctions UK LLC site using a credit card.
If it is later found that the customer's purchase was refunded
or charged back through the credit card scheme, we retain the
right to withhold any payments to you resulting from that individual's
purchases.
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 Government Auctions UK LLC.
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 Government Auctions UK LLC
is notified of any change in their details such as email or
postal
address, subscription ammendments etc.
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 set at the published
rate on http://www.governmentauctionsuk.co.uk/affiliates.php.
Commision rates published on this page take precident over
rates set on any other page. Commissions are payable to you
at the
end
of
each month provided that the
commission
owed
is
more
than
GBP
£25.00.
Payments are made on or around 27th of every month and are
paid TWO months in arrears with any ammendments, refunds and
chargebacks
deducted.
All chargebacks and refunds will be deducted from commissions
paid but not limited to that period.
It is acknowledged that certain chargebacks and refunds may not be reflected
in affiliate statistics. Details of chargebacks and refunds
are available at request should they be redily available. However,
all costs related to recovery of any such material may be subject
to an administration fee.
Every effort will be made by Government Auctions UK LLC to
pay commissions on time however it is the ultimate responsibility of the affiliate to track and request commisioins when due.
Policies and operating procedures
Customers purchasing services from Government Auctions UK LLC
through this scheme will be deemed to be customers of Government
Auctions UK LLC. Accordingly, all Government Auctions UK LLC
rules, policies, and operating procedures concerning the services
will apply to those customers. We may change our policies 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 Government Auctions UK LLC. 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.
It is the sole responsibility of the affiliate to ensure the
accurate running of their links. Should an anomaly of any description
appear the affiliate must notify Government Auctions UK LLC
at their earliest convenience.
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 Government Auctions UK LLC.
Possible uses include (but are not limited to) lists of the
busiest sites, lists of member sites, etc. The information
provided by
Government Auctions UK LLC
to you may be proprietary in nature. You acknowledge that you
are not a competitor of Government Auctions UK LLC, and agree
not to share copyright protected information with any of our
competitors. Any violation
of these terms and conditions may cause us to terminate this
agreement and withold potential payments until damages are
established.
Competition
Should an affiliate, their employees, associates or anyone
connected with that affiliate publish a Web site or any other
material deemed
to be in competition to any GAUK Online, Government Auctions
UK LLC Web site within a commission period they will immediately
notify GAUK
in writing. They acknowledge that their affiliate account will
immediately be suspended and all commissions owing from the
point of publication will no longer be valid.
Damages
Should an affiliate of any Government Auctions UK
LLC scheme, their employees, associates or anyone
connected with that affiliate publish a website or any other
material deemed
to be in competition to, or associated with GAUK Online, Government
Auctions UK LLC published material using information related
to, published by or protected by copyright to GAUK Online,
Government Auctions UK LLC they agree to
be liable for all indirect, special or consequential damages
(or
loss of
revenue,
profits or data) arising from the competition published material,
text, images, recording, visual media or publication of any
description for up to FIVE years form the date of publication
of the website or publication deemed to be 'competitive'.
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 Government Auctions UK LLC 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 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. We will not
be liable for indirect or accidental damages (loss of revenue,
commissions) due to affiliate tracking failures, loss of database
files, and any results of 'intents of harm' to the program or
our website. 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 state of Delaware
law, without reference to rules governing choice of laws. Any
action relating to this Agreement must be brought in the courts
of Delaware, 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.
If the situation arises whereby Government Auctions UK LLC
need to enforce these terms against an affiliate in violation
of any
term then Government Auctions UK LLC reserve the right to take
action through a court under which thier jurisdiction the
affiliate is covered by. Under these specific circumstances
the affiliate
agrees to be bound by these terms under the laws governing
their company registration, domicile or residency.
GovernmentAuctionsUK.com is owned and operated by Government Auctions UK LLC
Registered Office: Company Number - 3754274 Trolley Square, Suite 19c, Wilmington, DE 19806
1999-2008 GovernmentAuctionsUK.com - All Rights Reserved.
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