The
following mentioned are the terms and conditions of the agreement to which you
would have to abide by as a member of the EYE
Affiliate Program. By applying to be an affiliate you would be bound to abide
the rules and conditions set in the agreement.
Modifying This Agreement
Eye
Affiliates in its own discretion has the responsibility to make changes in this
agreement at any time by notifying you about the same. The modification which
it has the authority to make is that for fees, schedules of payment or any
other rules. Any changes made in this agreement are
found not acceptable by you then you can simply terminate the agreement in
written to the EYE Affiliates. Your continued participation in this program
means you accept the changes in the program.
Your Rights and
Responsibilities:
Linking to Eye Affiliates
By
agreeing to participate in the EYE Affiliates Affiliate Program, you agree to
create a unique link from your site to EYE Affiliates. The form of such link
must be approved by EYE Affiliates, or by its agent. You shall not make any
claims, representations, or warranties in connection with EYE Affiliates, and
you shall have no authority to, and will not, bind EYE Affiliates to any
obligation without first obtaining written permission from EYE Affiliates or
its authorized agent.
Agreements
You
would have to abide to all the rules and regulations set in here and certify
Eye Affiliates in regards to match the ethics level of the site content. The
site content would have to match the levels of decency and should be free from
child pornography, illegal acts and violence activities. Further by no means
the site should promote discriminations in regards of caste, religion, sex,
nationality, disability, age and there should be no violation of the property
rights.
While
signing for a contract with the Eye Affiliates you would have to provide
absolute information which would not be limited only to your identity, contact
details, payment means but also at times could be information which Eye
Affiliates would request for.
Eye
affiliates assigns you the non-exclusive right to guide the individuals to our
site and services keeping in mind the terms and conditions. For this there are
no referral fees or concessions that would be given out. Also you would have to
keep in mind that Eye Affiliates at any time has the authority to charge for
any issues that do not match out with the points mentioned here.
Responsibility for your
site and other marketing materials
For
all the displays of the site you would be entirely responsible in regards to
the development, maintenance and operation of the site. These functions would
enforce you to be responsible to see to it that your site does not post
materials that are harmful and unethical. Further you will have to underwrite
and keep EYE Affiliates harmless from all damages and expenses (including,
but not limited to, attorneys' fees) that are related to the development,
maintenance and contents of your sites and your performance. Also you would
have to agree to abstain from using spam for marketing related products and
services based on widely accepted rules.
PPC Campaigns
No affiliates should Bid For any or all brands promoted by EYE
affiliates in any regards including any misspelling.
License to Use Marks
The terms of agreement in the EYE
Affiliates also grant a non-exclusive transferable license to use the
intellectual property but it should be in regards to the promotion of the EYE
Affiliates.Com. The license cannot be absolutely assigned or transferred to you
as your rights would be limited a certain extent only. The right to access
would be limited and you cannot invalidate or contest the ownership of the
actions or the proceedings of any kind that may break the rights and let down
the good will of EYE Affiliates.
Confidential Information
In the time period of abiding the terms
of the agreement you would be entrusted to maintain the confidential
information related to the business, operational work or the underlying
technology of EYE Affiliates and the referral program. Without any prior
written consent you cannot disclose any information to third persons or the
outside parties. Your commitment to respect the confidential information is an
important factor for not abiding would lead to the termination of the
agreement.
Fee Schedule and Payment
As mentioned under the Partnership
Plan you would be eligible to earn referral fees. EYE Affiliates has the right
to change the fees structure and also the methods of calculating it but EYE
Affiliates would definitely take the efforts to inform the same prior to the
changes. Modifications of the fees schedules would be effective only when put
into action and the same would be notified to all. In the course of any changes
made in the fees structure which is unacceptable by you then you can have the
agreement terminated by sending it across in writing. Further continuous
involvement in this program would bind you to accept the change. Payments would
be made on a monthly basis that would be by the 15th of the month
and credited to your respective EYE Affiliates account. The credits would be accrued
until the total of it equals a £50.
The Referral fees structure would be
based upon the good faith based on the statistics available
Regarding any concerns of the fees
not credited properly EYE Affiliates would not take the responsibility of the same.
You can check out with the activity reports by accessing it online at http:
incomeaccess.com. Income Access would make concerted efforts to keep this link
available at all times only in certain circumstance that is during site
maintenance and updates of sites.
Once you become an affiliate then
you get the advantage to access all the marketing materials containing the
distinctive affiliate code. As soon as a potential customer links to the
website of EYE Affiliates then they would receive a cookie on the computer
screens with the code. This code would be fixed on the screens for 30 days
unless it is not removed. If the customer leaves the site and while returning
it still shows the cookie active then that would be recognized as your
referral. When the referrals would register at EYE affiliates at this time
period then that would tag the customer’s account with your code. EYE
Affiliates will not take any responsibility for any problems of tagging an
account with the code.
Any deposit of payment or acceptance
of payment transfer would be considered the full and final settlement of the
fees due for the month unless you do not confirm it across by sending a notice
of disagreement and the amount being payable within 20 days from the date of
payment is made. For any failure to send across the notice would waive your
rights to waive any fees for the relevant time period.
Anti- Predatory Advertising Policy
The affiliate do not have the right
to seize, change, interfere and hinder the web users online access or any other
aspect of the online experience of the web users at any affiliates webpage.
No affiliate will block, alter,
substitute and interfere in any manner that would cause
Term and Termination
The term of this agreement will
begin on submitting the sign up page and would be continuous unless the either
party notifies in writing to terminate the agreement. Termination can be
accomplished by you or by the EYE Affiliates at any time by giving notice to
the other party. The notification can be served by email or through a written
notification.
If termination is by EYE affiliates
and is not done by the violation of the agreement then you would be entitled to
unpaid any referral fees if you have already earned it prior to the date of
termination.
On termination you would be liable
to remove all EYE Affiliates icons and banners from your site and disable the
link from your site. All the rights and licenses given to you would immediately
be dismissed on the termination of the agreement.
On termination of this agreement due
to any reason, EYE Affiliates would withhold your final payment for a limited
time so as to ensure that the accurate amount is paid. Further also upon the
termination of the agreement for any reason you will have to return to EYE
Affiliates all copies in your possession in regards to the confidential
information of EYE affiliates which could be related to trade names,
trademarks, logos, service marks and others. Before or after the termination of
this agreement, EYE affiliates have the right to change the agreement or the
fees schedule with the modification being implemented immediately.
Relationship of Parties
In
this agreement, you and EYE affiliates would be independent in regards to the
functioning and there is no partnership, franchise, joint venture or any kind
of employment relationship between the parties. You would not be authorized to
make or accept any offers or representations and also would not make any
statement which would be contradictory.
Indemnity
You would be responsible to oppose,
indemnify and hold EYE Affiliates completely harmless from and against any
liabilities, losses, costs and damages, also including the attorney fees
resulting from (a) breach of any warranty, representation or agreement (b) your
performance of duties and responsibilities under this agreement (c) your
negligence (d) an injury caused to you directly or indirectly due to your
negligent acts.
Disclaimers
EYE Affiliates will not acclaim or
express any representations with respect to the referral program or the
referral payment instructions (which include functionality, warranties of
fitness, legality). Further also EYE Affiliates makes no representation that
the operation of our site would be absolutely uninterrupted and error free and
EYE Affiliates would not be liable for the consequences of any errors caused
due to interruption.
Operating Agreement and Disclosure
Limitations of Liability
EYE Affiliates would not be held
responsible for any indirect or consequential damages (any loss of revenue,
profits, information etc.) that would arise in connection to the agreement or
the referral program. Further even EYE Affiliates aggregate liability that
would arise in respect to the agreement and program should not exceed the total
referral fees paid or liable to be paid under this agreement. Nothing in this
shall be interpreted to provide any rights, remedies or benefits to any person.
Any liability rising out from this agreement shall be solely satisfied from the
referral fees generated and is limited to direct damages.
EYE Affiliates in its sole
discretion power can block or restrict certain players to reduce the fraudulent
and unprofitable transactions for any reason. The body can do this with or
without issuing a notice and it also does not guarantee or warrant the success
of such prevention acts.
Governing Law
The agreement is regulated by the
laws of London and any
action related to this agreement will have to be brought out by Panama and you
would have to abide by it. To implement any action or legal proceeding has to
be related to the agreement in UK and no other jurisdiction.
Assignability
Without any prior written consent
you shall not be able to assign the agreement. This agreement with subject to
the restriction, would be binding and also enforceable against you and to the affiliates
Non-Waiver
The failure of EYE Affiliate to
enforce your strict performance of any provision of this agreement will not be
liable for a waiver. Any changes, additions or deleting any of the points of
the agreement will not be allowed. No rights have been imparted to the
employees, officers and agents to modify or waive any provision of the
agreement.
Remedies
The rights and remedies shall work
mutually exclusive together and that is the exercise of one or more than one of
the provisions would not forbid the action of another provision. No contents of
this agreement shall limit any of the rights of the law or breach any of the
provisions of the agreement. In case of a breach of any provision of the
agreement the rights and responsibilities of the parties would be enforceable
by a specific performance. No point of this agreement would limit or affect any
rights of the law and any implementation of no breach is required from it.
Severability/ Waiver
When possible, the provision of the
agreement shall be represented in such a manner so as to be effectual and valid
under law. If any of the provision of this agreement is held to be invalid,
illegal or not enforceable then that would be considered ineffective. There
would be no waiver given for failure from enforcing the rights.
Operating Agreement and Disclosure
As it is known that the laws of
gambling vary from one city to another city and in fact from a country to a
country. After evaluating the laws in your locale and considering the ones that
represent the eye affiliates you can go ahead to participate in the EYE
Affiliate program.
By putting forward your request to
become an affiliate, you acknowledge the fact that you have read the agreement
and you have independently taken the sole decision of participating in this
program. Further by giving your consent for this agreement you will have to
abide by all the terms and conditions mentioned here.
GIVING YOUR CONSENT TO
THE AGREEMENT YOU AGREE TO THE FACT THAT YOU HAVE READ ALL THE TERMS AND
CONDITIONS AND WOULD ABIDE BY THE SAME.