Email4loveasia Affiliates

Terms and conditions :
						    This agreement ("Agreement") between the applicant ("you" or "the affiliate") and Destiny Link Ltd T/as email4group of companies registered in England ("Destiny link Ltd") covers your participation in an open-term promotion (the "Affiliate Program") of (email4) sites on your website in exchange for payment based on the terms and conditions set forth below. 
						   
1. This Agreement will commence on the date your application to join the Affiliate Program is accepted by email4, and will continue unless terminated by one of us in writing. Either you or email4 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 commissions on first month revenue generated during the term, and commissions earned through the date of termination will remain payable only if the related sales are not cancelled or refunded. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. 

2. Immediately after your acceptance into the Affiliate Program, you may download one or more images for posting on your web site. Placement of the image on your home or default page will be at your sole discretion. Email4 will make available to participants in the Affiliate Network graphical image files promoting the email4 web sites (individually an "Image"). You will be solely responsible and liable for the development, operation and maintenance of you site and for all materials that appear on your site. In addition, email4 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 Affiliate Network even if we have been advised of the possibility of such damages. Further, our aggregate liability with respect to this Agreement and the Affiliate Network will not exceed the total referral fees paid or payable under this Agreement. Email4 will give you live password protected access to online reports including the count of unique visitors and members paying as appropriate to your type of affiliate plan and relevant to the monies due to you. 

3. All affiliates will be paid on a bounty fee basis, with the percentage paid dependant on the total first month revenue generated in any one month from new users who purchase a paid subscription on the email4 sites. No revenues will be paid for auto renewal subscriptions (re-bills) which may follow on subsequent to the first month during which any new member joins. This commission plan is subject to change by email4 upon 10 days prior written notice to its Affiliates. Notice may be given by email4 by email to the Affiliate's last email address as provided by you. 

4. Until changes are made to the bounty fee plan, you will earn fees based on the following sliding scale dependant on the total value of first month revenue generated in any one month from new users who purchase a paid subscription on email4 which is sold on your Affiliate's Personals Pages. If any of the sales generated by your referral are refunded on behalf of the customer, we will deduct the corresponding commission from your next monthly payment. If there is no subsequent commission we will send you a bill for the balance. 

5. Payment shall be issued between the 17th and 20th of each month for all monies owning to the end of the previous month. All payments will be made by cheque or BACS only unless agreed differently by email4. All information relating to the calculation of the amounts paid to you, including but not limited to the number of visitors and paying members, shall be considered proprietary information of email4, and shall be held in strictest confidence by you and will not, without the prior written consent of email4, be disclosed by you to any other person, in any manner whatsoever, in whole or in part, and will not be used by you directly or indirectly for any purpose other than confirming the correctness of the calculation referred to above. 

6. email4 hereby grants to you a non-exclusive right to (i) establish a hypertext link to the email4 web site, and (ii) use, in connection with establishing that link, each Image (including all copyrighted, trade or service marked or other protected intellectual property contained therein) for the purposes described in this Agreement; provided, that you will not add, subtract or in any way alter or edit any, nor will you make any use whatsoever of any Image or any other element of email4's intellectual property (including but not limited to email4's name, whether used in a url, a metatag, a hyperlink or otherwise) other than for the purposes of, and as contemplated by, this Agreement or as may otherwise be specified by email4 in writing. By accepting membership in the Affiliate Network, you agree specifically to refrain from originating, authorizing, or participating in any promotions, whether by email, telephone or otherwise, of email4 (including, but not limited to "spamming") unless such promotions have been specifically approved in writing by email4 

7. Any click or traffic generation or duplicate memberships whether automated or manually induced will cause termination of this Agreement and forfeit all monies due under it. Email4love may refuse membership to any individual or organization at its sole discretion. 

8. Every customer who subscribes to a membership on email4 is deemed to be an email4 customer. As such, we may change our policies and operating procedures at any time with or without consent of any individual affiliate or group of affiliates. Procedures include but are not limited to pricing, availability, site content and product nature. We cannot guarantee the availability of price of any particular product. 

9. This Agreement is the sole and complete agreement covering the subject matter hereof. Email4 may modify any of the terms and conditions contained in this Agreement at any time and in its sole discretion by posting a change notice or a new Agreement on the email4 web sites. Modifications may include for example, changes in the scope of available commissions, payment procedures and program rules. If any modifications or change is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Network following the posting of a change notice or new Agreement on the email4 web site will constitute binding acceptance of the change. This Agreement is made in accordance with and governed by the laws of England. Any provision of this Agreement deemed unenforceable by a competent court of jurisdiction may be deleted, leaving the remainder of the Agreement operable and in effect. In the event of a dispute, the parties shall first seek mediation, and if the parties still seek to litigate the issue then the attorneys' fees and related litigation expenses (expert fees, etc.) may be recovered by the prevailing party. This Agreement is non transferable, except in the event of a sale of all or substantially all of the assets or stock of the transferring party as part of an acquisition or merger, including any reorganization or re-incorporation. This Agreement replaces all prior agreements related to affiliates. 


10. Nothing in this Agreement will create or constitute any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You have no authority or basis to make representations on behalf of email4. You will not make any statement, whether on your site or otherwise that reasonably would this section of this Agreement. 

11. Each party hereto agrees to indemnify and hold harmless the other party and each of it's agents, officers, directors, and employees against all liability to third parties resulting from the acts, or failures to act, of such indemnifying party, or any acts of its customers or users. In no event shall either party hereto be liable for payment of consequential damages resulting from the default in performance of their respective obligations pursuant to this Agreement. 

12. email4 make no express or implied warranties or representations with respect to the Affiliate Network. In addition, email4 make no representations that the operation of the email4 web site will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors. 



NO WARRANTIES ARE MADE BY EITHER OF THE PARTIES HERETO AS TO THE SERVICES OR TECHNOLOGY DESCRIBED IN THIS AGREEMENT AND EACH PARTY HERETO EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT AS IT RELATES TO THE TECHNOLOGY AND SERVICES PROVIDED PURSUANT TO THIS AGREEMENT.
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