FREELANCE WORLD AFFILIATE SCHEME TERMS & CONDITIONS This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Freelance World Affiliate Scheme. As used in this Agreement, "we" (and "us" and "our") means Freelance World, and "you" (and "your") means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to our sites or to your site. Save for our obligation to pay referral fees, which may be performed solely by us, we may cause any of our obligations under this Agreement to be fulfilled by any of our affiliates.  Enrolment in the Scheme To begin the enrolment process, you need to submit a complete 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 Programme. Unsuitable sites include, but are not limited to, those that: promote sexually explicit materials promote violence promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age promote illegal activities breach intellectual property rights If we reject your application, you are welcome to reapply to the scheme 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 scheme, we may terminate this Agreement.  Links on Your Site We grant you a revocable, non-exclusive, worldwide, royalty-free licence for the duration of the term of this Agreement, solely for purposes of facilitating referrals from your site to our sites, to establish and maintain links. Order Processing We will process orders placed by customers who follow links from your site to the Freelance World sites. We reserve the right to reject orders that do not comply with any requirements that we may establish. We will be responsible for all aspects of order processing. To permit accurate tracking, reporting and fee accrual, you must ensure that the links between your site and our sites are properly formatted. We will not be liable for paying referral fees on purchases that are not correctly tracked and reported because the links between your site and our sites are not properly formatted.  Referral Fees For a product sale to generate a referral fee, the customer must follow a link (in the format specified by us) from your site to the Freelance World sites; purchase a service and remit full payment to Freelance World. We use cookies to track the referral source which last for 365 days. This scheme is intended for commercial use only and you may not purchase the membership service through the scheme for your own use. In addition to any other rights we may have, such purchases may result (at our sole discretion) in (a) the withholding of referral fees and/or (b) the termination of this Agreement. You acknowledge that these remedies, while not exclusive, are a reasonable assessment of the damage we will suffer as a result of a breach of this clause by you. In addition, you may not directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money or awarding of any benefits) for using links on your site to access our sites (eg: by implementing any "rewards" programme for persons or entities who use links on your site to access our site). If we determine, in our sole discretion, that you have offered any person or entity any such consideration or incentive, we may (without limiting any other rights or remedies available to us) withhold any referral fees otherwise payable to you under this Agreement. Referral Fee Schedule You will earn referral fees according to referral fee schedules to be established by us.  Fee Payment We will pay you referral fees on a monthly basis. Within 30 days following the end of each calendar month, we will send you payment for the referral fees earned that were dispatched during that month, less any taxes that we are required by law to withhold. However, if the fees payable to you for any calendar month are less than £25.00, we will hold those fees until the total amount due is at least £25.00 or (if earlier) until this Agreement is terminated. Policies and Pricing For the avoidance of doubt, customers who buy a service through this scheme will be customers of Freelance World. Accordingly, all Freelance World rules, policies and operating procedures concerning customer orders, customer service and product sales will apply to those customers. Such policies and operating procedures may be changed at any time. For example, Freelance World will determine the prices to be charged for services sold under this scheme in accordance with its own pricing policies. Services prices and availability may vary from time to time. Freelance World will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product. You may not make any press release with respect to this Agreement or your participation in the scheme without our prior written consent, which may be given or withheld in our sole discretion. You may e-mail affiliates@freelance-world.co.uk if you wish to get written consent.  Limited Licence We grant you a nonexclusive, revocable right to use the buttons described in the 'FAQ' section of this scheme at http://www.freelance-world.co.uk/affiliates-faq.htm and such other images for which we grant express permission, solely for the purpose of identifying your site as a scheme participant and to assist in generating product sales. You may not modify the icon or any of our images in any way. We reserve all of our rights in the icon, any other images, our trade names and trademarks, and all other intellectual property rights. We may revoke your licence at any time by giving you written notice.  Responsibility for Your Site 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 the Freelance World web sites; 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 breach 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 defamatory or illegal. We and our affiliates disclaim all liability for these matters. Further, you will indemnify and hold us and our affiliates harmless from all claims, damages and expenses (including, without limitation, legal fees) relating to the development, operation, maintenance and contents of your site.  Term of the Agreement The term of this Agreement will begin upon our acceptance of your scheme 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 of memberships occurring during the term and fees earned up to 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. Upon termination of this Agreement, you must promptly return to us, or at our request, destroy any and all of our intellectual or proprietary property, information and/or materials in your possession and, subject to receiving written consent to the contrary from us, remove all hypertext links to our site from your site.  Modification We may modify any of the terms and conditions contained in this Agreement, at any time and at 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, fee schedules, payment procedures and Programme rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAMME FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.  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 or our respective affiliates. You will have no authority to make or accept any offers or representations, guarantees or warranties on our or our affiliates' behalf, including with respect to our or our affiliates products or services. You will not make any statement or representation, whether on your site or otherwise, that you are connected or affiliated with us or our site other than for the purpose of referring users to our site as contemplated under this Agreement, or that otherwise reasonably would contradict anything in this Section.  Limitation of Liability Neither we nor any of our affiliates will be liable for indirect, special or consequential damages (or any loss of revenue, profits or data) arising in connection with this Agreement or the Programme, even if we or any of our affiliates have been advised of the possibility of such damages. Further, to the fullest extent permitted by law, our and our affiliates' collective aggregate liability arising with respect to this Agreement and the Programme will not exceed the total referral fees paid or payable to you under this Agreement at the time the act or omission giving rise to the liability occurred.  Disclaimers To the fullest extent permitted by law, neither we nor any of our affiliates makes any 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), and the same are hereby excluded. In addition, neither we nor any of our affiliates makes any representation that the operation of our site will be uninterrupted or error-free and none of us will be liable for the consequences of any interruptions or errors.  Independent Investigation YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE OR ANY OF OUR AFFILIATES 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 PROGRAMME 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 laws of England, without reference to rules governing choice of laws. 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.