Note : Existing customers will be unaffected by this change.
- The starndard rebate rate of 0.5p per minute daytime will be reduced to 0.3p per minute daytime for all new 0845 numbers ordered from this date.
- The standard rebate rate of 0.25p per minute daytime for affiliates will be increased to 0.3p per minute daytime.
- Affiliates will receive 0.1p per minute daytime for the first order. Once 2 or more orders are received and active all orders under the affiliate will receive 0.3p per minute daytime.
- Customers which do not reach the minumum payment threshold after 2 years from the date of the first order will loose all rebates due.
Enrolment in the Program (Section 1)
To begin the enrolment process, you will submit a complete
Program application via our site. 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 (but not limited to) that:
· Promote sexually explicit materials
· Promote violence
· Promote discrimination based on race, sex, religion,
nationality, disability, sexual orientation, or age
· Promote illegal activities
· Include "free-0845.com" or variations or misspellings
thereof in their domain names
· 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 (Section 2)
Once you have been notified that your site has been
accepted into the Program, you may provide on your site
one or more of the following types of links to our site:
· Banner link: You may provide a free-0845.com banner
on your site that will permit your site visitors to
link directly to a page on our site. We will provide
you with technical specifications describing how to
include a free-0845.com banner on your site and the
graphical artwork.
· General link to free-0845.com home page: You may provide
a general link on your site to our home page at http://www.free-0845.com/
We will provide you with guidelines and graphical artwork
to use in linking to our home page.
To permit accurate tracking, reporting, and referral
fee accrual, we will provide you with special "tagged"
link formats to be used in all links between your site
and our site. You must ensure that each of the links
between your site and our site properly utilizes such
special link formats. Links to our site placed on your
site pursuant to this Agreement and which properly utilize
such special link formats are referred to as "Special
Links." You will only earn referral fees with respect
to activity on our site occurring directly through Special
Links: we will not be liable to you with respect to
any failure by you to use Special Links, including to
the extent that such failure may result in any reduction
of amounts which would otherwise be paid to you pursuant
to this Agreement.
Order Processing (Section 3)
We will process product orders placed by customers who
follow special 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 fulfilment. Among other things, we will prepare
order forms; process payments, cancellations, and refunds;
and handle customer service. We will track sales made
to customers who purchase products using special links
from your site to our site and will make available to
you reports summarizing this sales activity. These reports
will be available from an online affiliate interface.
Referral Fees (Section 4)
We will pay you (in accordance with Sections 5 and 6
below) 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 special link
from your site to our site, you must be the first referrer
to have directed the customer to our site (ie if the
customer had on a previous occasion visited our site
either by following a special link from another referrer
or by directly accessing our site, no commission will
be payable to you) and during the ensuing customers
session on our site, the customer selects and purchases
a product using our automated ordering system, remit
full payment to us or our principals and at no stage
renege on the purchase. The Program is intended for
commercial use only, and you may not purchase products
through the Program for your own use. Such purchases
may result (at our sole discretion) in the withholding
of referral fees or the termination of this Agreement.
Referral Fee Schedule (Section 5)
You will earn referral fees based on qualifying revenues
according to referral fee schedules to be established
by us. "qualifying revenues" are revenues derived by
us from our sales of qualifying products, excluding
cancellations and bad debt. Currently referral fees
will be paid on the following products and services:
NO referral fee
is payable from sales of Qualifying Products in any
manner that is NOT an online application, ie the customer
has chosen not to apply for a Qualifying Product via
an online application, but has instead requested to
make the application over the telephone or by email.
Sales of products other than those defined above, and
offered on the free-0845.com site are NOT eligible for
referral fees.
Referral Fee Payment (Section 6)
We will pay you referral fees on a calendar monthly
basis. Approximately 14 days following the end of each
calendar month, we will send transfer funds direct to
your bank account for the referral fees earned on our
sales of Qualifying Products that were settled during
that calendar month, less any taxes that we are required
by law to withhold. However, if the referral fees payable
to you for any calendar month are less than £10.00,
we will hold those referral fees until the total amount
due is at least £10.00 or (if earlier) until this
Agreement is terminated. If the customer cancels a Product
that generated a referral fee within 5 days of purchase,
or if we receive a credit card charge back for a fraudulent
transaction that we are required to refund, we will
deduct the corresponding referral fee from your next
monthly payment. If there is no subsequent payment,
we will send you a bill for the referral fee.
Policies and Pricing (Section 7)
Customers who buy products through this Program will
be deemed to be customers of free-0845.com. Accordingly,
all free-0845.com rules, 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 accuracy of all the information on our site.
Identifying Yourself as an Associate (Section
8)
We will make available to you a small graphic image
that identifies your site as a Program participant.
You must display this logo or the phrase "In association
with free-0845.com " somewhere on your site. We may
modify the text or graphic image of this notice from
time to time. In addition, we encourage (but do not
require) you to include a Special Link on your site
to the free-0845.com home page at http://www.free-0845.com.
You may not make any press release with respect to this
Agreement or your participation in the Program without
our prior written consent, which may be given or withheld
in our sole discretion.
Limited License (Section 9)
We grant you a nonexclusive, revocable right to use
the graphic image and text described in Section 8 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 (Section 10)
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 Product 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 (Section 11)
The term of this Agreement will begin upon our acceptance
of your Program 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. 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 free-0845.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. We may withhold your final
payment for a reasonable time to ensure that the correct
amount is paid.
Modification (Section 12)
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 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 (Section 13)
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 (Section 14)
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 (Section 15)
We make no express or implied warranties or representations
with respect to the Program or any products and services
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 (Section 16)
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.
Miscellaneous (Section 17)
The laws in force in England shall govern this agreement
and each party hereto submits to the exclusive jurisdiction
of the courts of Englan. Except as otherwise expressly
provided in these terms the provisions thereof shall
ensure to the benefit of and be binding upon the successors,
assigns, heirs, executors and administrators of the
parties hereto. These terms and other documents delivered
pursuant hereto constitute the full and entire understanding
and agreement between the parties with regard to the
subject matter of the same. Neither this agreement nor
any term in it may be amended, waived, discharged or
terminated except by written instrument signed by all
parties hereto and/or as specified herein.
