This Service Agreement (hereinafter
referred to as the Agreement) is made by and between
The Internet Theatre Bookshop and you (hereinafter referred to as You or as the
Associate). Any arrangements with The Internet Theatre Bookshop's
trading suppliers/associates and customers
are outside the scope of this Agreement. The
program technology and procedures, including
systems, software and this Agreement itself, are
protected by copyright laws, international copyright
treaties and other intellectual property laws and
treaties.
Terms of Agreement
- The period of this
Agreement will begin upon The Internet Theatre Bookshop's acceptance of
your Associate registration and will end when
terminated by either party. Either you or The Internet Theatre Bookshop may
terminate this Agreement at any time, with or
without cause, by giving the other party notice
of termination by email. You are only eligible to
earn referral fees (commissions) on sales occurring
during the period of the Agreement.
- Under no
circumstances will The Internet Theatre Bookshop accept any Associate who is connected to any website that incites hatred. Should this clause be breached in any
way The Internet Theatre Bookshop will exercise its right to remove the Associate
immediately without correspondence. Such
termination is based solely on the discretion and judgement of
The Internet Theatre Bookshop.
- The Internet Theatre Bookshop reserves the
right to modify any of the terms and conditions
contained in this Agreement, at any time and in
their sole discretion, by posting a change notice
or a new agreement on this site. Modifications
may include, for example, changes in the scope of
available referral fees, fee schedules, payment
procedures and program rules. If any
modification is unacceptable to you, your only
recourse is to terminate this Agreement. Your
continued participatiion in the program will
constitute binding acceptance of the change.
- The Internet Theatre Bookshop 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. Furthermore, The Internet Theatre Bookshop
aggregate liability arising with respect to this
Agreement and the program will not exceed the
total referral fees paid or payable to the
Associates under this Agreement.
- This Agreement will
be governed by the laws of UK
without reference to rules governing choice of
laws. Any action relating to this Agreement must
be brought in courts located within UK, and
you irrevocably consent to the jurisdiction of
such courts. You may not assign this Agreement,
by operation of law or otherwise, without prior
written consent from The Internet Theatre Bookshop. Subject to that
restriction, this Agreement will be binding on,
inure to the benefit of and be enforceable
against the parties and their respective
successors and assigns. The Internet Theatre Bookshop's failure to enforce
your strict performance of any provision of this
Agreement will not constitute a waiver of The Internet Theatre Bookshop's
right to subsequently enforce such provision or
any other provision of this Agreement.
- The term, Associate,
does not imply any formal association with The Internet Theatre Bookshop
other than that described in this agreement, and the
Associate does not have any right on the products,
logos or trademarks provided by The Internet Theatre Bookshop or their
suppliers or associated charities.
- The Internet Theatre Bookshop reserve the
right to evaluate your site and terminate
individual Agreements after notification by email.
No explanation for the termination will
necessarily be given. The Internet Theatre Bookshop reserve the right to
cancel any this Associateship Program without notice.
Conditions of Payment
- The Internet Theatre Bookshop will credit you
(the Associate) a commission on the sale price of
items sold through a direct referral from any
banner or icon (provided by The Internet Theatre Bookshop) that is
displayed on the Associate's website. The rate of commission is currently 8%
but this may increase or decrease according to
negotiations with suppliers, whose
terms are also variable.
- The rate of
commission credited to Associates is based on
net receipts (i.e. excluding tax/shipping/handling).
The Internet Theatre Bookshop reserve the right to alter the
rates, higher or lower, for selected products
without notice.
- The Internet Theatre Bookshop has based
rates of commission upon projections and
given their intent to share the profits with
their Associates. The Internet Theatre Bookshop reserves the right to alter
these rates to align with future projections at
any time without notice. Any credit accumulating
on sales made after such changes have
been applied will be at the new rates. The
Associate is not guaranteed to have the same rate
as at the time he/she registered. The Internet Theatre Bookshop reserve the
right to change the product prices from time to
time which may have an effect on the commission.
- The commission will
be credited only when the payment for the sale is
cleared. If the customer requests a refund at a
later time, the original commission credited will
be deducted. The Internet Theatre Bookshop will not be responsible for any
system or software failure that may result in the
customer's clicks being unrecorded.
- The commission will
only become payable when the total amount
credited to the Associate exceeds the minimum payout (£50.00/$70.00), and
such payment will be made either through a cheque drawn in British Pounds
on a UK Bank or else in US dollars or any other of the international currencies serviced by PayPal (tm). These
include Australia, Austria, Belgium, Brazil, Canada, Denmark, France, Germany, Hong Kong, Ireland, Israel, Italy, Japan, Mexico, Netherlands, New Zealand, Norway, Portugal, Singapore, South Africa, South Korea, Spain, Sweden, Switzerland, United Kingdom and United States of America
- Any correspondence
relating to loss of the cheque in the mail, or
inability to cash the cheque, must be notified
within a reasonable time to let us decide on
alternative payment method(s). The Associate agrees
not to make claims for outstanding credit if the
amount is less than the minimum monthly payout (£50.00/$70.00). Sums less
than this will be carried over to the following month.
- In the event of
termination of this Agreement or program, for
whatever reason, The Internet Theatre Bookshop sole responsibility ends
at issuing a cheque corresponding to the
outstanding amount in your credit provided it exceeds 10% of the minimum payout
(currently £5.00/$7.00)
- Any government
liability on the amount of commission received
from The Internet Theatre Bookshop, including income tax, national
insurance and any other tax imposed by your state
or nation of residence, will be the Associate's
sole responsibility. The Internet Theatre Bookshop reserves the right to
request and maintain sufficient detail, as
necessary, to satisfy accountancy regulations in
whichever country the Associate resides.
- The Associate is not
under any obligation to keep banners or any other promotional material on their
website.
- While it is up to
the Associate to choose where the banner should
appear on their website, it must not be placed on
a page/position that can be defamatory to The Internet Theatre Bookshop or
counter-productive. If requested by The Internet Theatre Bookshop, such
banner links should be removed. Only the banners/icons
recommended or approved by The Internet Theatre Bookshop should be used in
the link. The Internet Theatre Bookshop reserve the right to replace
banners and icons with others of a similar
dimension.
- It should be
understood that a direct correlation between
'click-throughs' (i.e. Referrals) and sales
may not exist. All operations are automatic (or
semi-automatic) and hence no valid sales
referred by you will go unrecorded
- At the sole
discretion and invitation of The Internet Theatre Bookshop, Associates may be
offered higher rates of commission
- You shall not cause
any sales or referrals to be made that
are not in good faith, including, but not limited
to, using any device, program, robot, hidden
frames, or automatic popup windows and
redirections. You shall not establish or cause to
be established any program that provides any
rewards, points or compensation for direct/indirect
referrals or leads, unless specifically approved
in writing by The Internet Theatre Bookshop.
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