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To be an Affiliate User you agree to abide by the terms and conditions contained in this Agreement. Please read this Agreement carefully before registering and using the Affiliate User service.
AFFILIATE USER TERMS AND CONDITIONS
By completing the signup page and using the Affiliate User service you indicate your acceptance of this Agreement and its terms and conditions. If you do not accept this Agreement, do not use the Affiliate User service.You must be at least 18 (eighteen) years of age to be an Affiliate User and enter into this Agreement.This Agreement is between Mucky Nutz Ltd (Company Registration No. 07803074) whose registered office is at Unit 3, Bude Cycle Centre, Pethericks Mill, Bude, Cornwall, UK, EX23 8TF ("Mucky Nutz") and you, as user of the Affiliate User program ("You").
MUCKY NUTZ PROVISIONS
Definitions"Affiliate User" means a website owner that is paid a commission for placing links to the Mucky Nutz website on its own website."Business Day" means a day other than a Saturday, Sunday or bank or public holiday in England and Wales."Commission" means a sum in GBP, being a percentage of sales generated by You, through Links on your website and the level of which shall be determined by Mucky Nutz."Link" means a hyperlink placed on an Affiliate User's website that, when clicked on, transfers the Visitor to the Mucky Nutz website. The hyperlink may be in the form of text, a button, a banner or any other format acceptable to Mucky Nutz."Valid Click" is a click from an Affiliate User's website that results in the Mucky Nutz website being viewable to the Visitor. A click is deemed valid by Mucky Nutz when it meets certain criteria as defined on the Mucky Nutz website or in this Agreement, and which may change from time to time."Visitor" means any person, Web surfer or user that clicks on a Link.
ServicesYou may place and remove Links on Your website at your discretion. set up the level of commission payable and the structure of commission payment; are responsible to inform you of any changes to payouts, and You are responsible for determining if Mucky Nutz has changed or discontinued the commission payment for a Link You have placed on Your website.
Mucky Nutz Obligations:Mucky Nutz will provide email support to the Affiliate User.
Commission Payments and Fees:In consideration for You hosting Links on your website Mucky Nutz will pay You the Commission. You acknowledge and agree that Mucky Nutz has the right to cancel any commission payment to You within 10 Business Days of the transaction occurring, for reasons including, but not limited to, an order/lead being incomplete, orders that are made by Trade or Distributors, or should Mucky Nutz reasonably believe the transaction to be fraudulent or otherwise invalid.Mucky Nutz may cancel any commission earned after the 10 day cancellation period, where Mucky Nutz has cancelled a transaction in exceptional circumstances only.Mucky Nutz will remove any cancelled transactions from your account immediately.Mucky Nutz will inform You by email of the reason for such cancellation.Your commission payment will be calculated automatically, after receiving payment from a Visitor using a Link from your website, and an email sent to You showing the commissions earned.
You will be paid commission subject to:you having supplied the following information IN FULL: full name, company name (if appropriate), full address, full bank account details, and a valid UK VAT number (where appropriate); andthe commission exceeding the minimum payment amount of GBP25,Mucky Nutz receiving payment from the Visitor for your commission at least 25 days before the payment is due.Mucky Nutz may withhold payment for any reason including, but not limited to, suspicion of fraudulent activity.Money credited to your account does not accrue interest.
RegistrationThe following types of websites are not allowed to participate in the Affiliate User program: adult websites that display adult banners, Hate websites, Warez websites, ROM websites, and emulator websites. Mucky Nutz reserves the right to determine if a web site shall not be allowed to participate in the Affiliate User program.As part of the registration process, You will select an email and password combination that You will use to access your Affiliate User account.You warrant and undertake to provide Mucky Nutz with accurate, complete and updated registration information at all times.You may not select the name of another person with the intent to impersonate that person or deceive Mucky Nutz or other users as to your true identity.You agree that Mucky Nutz may rely on any data, notice, instruction or request furnished to Mucky Nutz by You which Mucky Nutz may reasonably believe to be genuine and to have been sent or presented by a person Mucky Nutz may reasonably believed to be authorised to act on your behalf.You shall notify Mucky Nutz of any known or suspected unauthorised uses of your account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your email and password. You shall be responsible for maintaining the confidentiality of your email and password and you are responsible for all usage and activity on your account, including use of the account by a third party authorised by you to use your account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by Mucky Nutz and referral to the appropriate authorities in the relevant country.
Use of the ServicesYou shall comply with all Affiliate User program terms and guidelines (the "Rules").You represent warrant and undertake to Mucky Nutz that:You have all necessary rights to grant the rights and licences set out in your contract with Mucky NutzNeither the content you provide to the Affiliate User program nor any material which you may be linked to will contain anything that is defamatory, obscene, false or misleading or which otherwise violates any intellectual property rights or rights of any person;Use of the content you provide to the Affiliate User program will not violate any applicable law or regulation. You agree that there have been no guarantees made by us for this content and that no employee of Mucky Nutz has made a promise or commitment that does not appear here. You agree to indemnify and hold Mucky Nutz and any of its employees harmless from and against all and any claims, liabilities, expenses, losses, costs or damages incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from any violation or infringement of third party rights, or any breach of any of these terms and conditions.You shall not provide, promote, distribute, place or otherwise publish any content, or Website that includes content, which is libellous, defamatory, obscene, pornographic, abusive, fraudulent or violates any law. As Mucky Nutz may not review all information provided by You, You shall remain solely responsible for Your content and Website.You warrant and undertake that You shall observe all applicable laws, regulations and the rules of regulatory and voluntary industry organisations and obtain and make payment for or maintain in force all necessary licenses, consents and permissions relating to all materials provided and/or used under this Agreement.
You Acknowledge and agree that Links shall:Not be placed in newsgroups or unsolicited e-mail;Be placed in such a way that it is not misleading to any Visitor and with the intention of delivering Valid Clicks for that Link.Mucky Nutz may deem any website to be inappropriate and may remove the Affiliate User in which event Mucky Nutz may withhold commission relating to any sales generated through Your Links.
Limited WarrantyYou acknowledge that the Affiliate User program, its use and the results of such use are provided "as is" and on a "as available" basis. To the fullest extent permissible by law, Mucky Nutz gives no warranties to You, express or implied, including, but not limited to, implied warranties, in relation to the Affiliate User program, its use and the results of such use. Without limiting the forgoing, Mucky Nutz specifically disclaims any warrantythat the Network and its services will be uninterrupted or error free,that defects will be corrected,that there are no viruses or other harmful componentsthat the security methods employed will be sufficient, orregarding correctness, accuracy or reliability.
Limitation of LiabilityTo the furthest extent permitted by law, Mucky Nutz, its suppliers or resellers do not accept liability for any claims, liabilities, expenses, losses, costs or damages (including without limitation, damages for any consequential loss or loss of business opportunities and/or profits) however arising from the use of or inability to use the Affiliate User program or any information provided on the Mucky Nutz website or any other hyperlinked website; or any of its contents, or from action or omission taken as a result of using the Affiliate User program or any such contents. In addition we do not accept liability for any errors or omissions or claims for losses arising from any free of charge services. Every care is taken to avoid mistakes but we cannot accept liability for any errors due to you, your third parties, sub-contractors or inaccurate copy instructions from any of the foregoing.You shall indemnify and keep indemnified Mucky Nutz at all times against all losses, damages, costs and expenses (including reasonable legal costs) for any third party claims which arise as a result of any breach by You of this Agreement and your negligent acts or omissions.
RepresentationsMucky Nutz makes no representations whatsoever about any website which You may access through the Affiliate User program. Mucky Nutz does not endorse or accept any responsibility for the content or the use of any link to a website other than the Mucky Nutz website.
Term and TerminationThis Agreement shall remain in effect until terminated.This Agreement may be terminated by Mucky Nutz or You at their convenience on five (5) Business Days prior e-mail or written notice, or immediately upon notice of any breach of the provisions of this Agreement including, without limitation, if You fail to comply with the Rules.We will not pay you outstanding Commission if we terminate this Agreement on your failure to comply with the Rules.On termination of this Agreement, You shall no longer be entitled to use the Affiliate User program.
AuditYou shall, during the Contract Period and on reasonable notice permit Mucky Nutz (and its internal and external auditors), access to all accounts and records and other supporting documents and data requested for the purpose of auditing Your use of the Affiliate User program and Your compliance with this Agreement. The cost of the audit shall be Mucky Nutz unless the audit reveals a breach of this Agreement.
ChangesMucky Nutz reserves the right to change, modify, add or remove portions of this Agreement and/or the Rules at any time and may add to, change, suspend or discontinue any aspect of or services relating to the Affiliate User program at any time. In either such case Mucky Nutz will notify You via e-mail, newsletter or the Mucky Nutz website of such changes, at which time You may either agree to such changes or withdraw from the Affiliate User program.
AssignmentNeither the rights nor the obligations arising under this Agreement are assignable or transferable by You, and any such attempted assignment or transfer shall be void and without effect.Force MajeureMucky Nutz will not be liable for any delay or failure to perform any obligation under this Agreement due to any event beyond our reasonable control, including but not limited to, earthquake, fire, flood or any other natural disaster, labour dispute, riot, revolution, terrorism, acts of restraint of government or regulatory authorities, failure of computer equipment and failure or delay of services and platforms used to operate our electronic media.
This agreement is governed by English law and each party agrees that the courts of England will have non-exclusive jurisdiction to deal with any disputes arising out of or in connection with this agreement. Changes to this contract can only be made in writing. Printed terms and conditions in any additional documents issued by you or your agent will not be recognised as binding.You may not resell, assign or transfer any of your rights under this contract without our written consent. Any attempt to resell, assign or transfer rights without our consent will entitle us to cancel the contract without liability to you. A person who is not party to this contract has no right under the Contracts (Rights & Third parties) Act 1999 to rely upon or enforce any terms of this agreement.