Affiliate Terms & Conditions
By paying CL Promotions as an affiliate agent you agree to the following terms and conditions and will be bound by the following agreement:
These terms and conditions shall be referred to as the User Agreement. The User Agreement describes the terms and conditions applicable to the services available under CL Promotions Affiliate program.
1.1 "Affiliate" or "Agent" or "User" means you the payer.
1.2. "CL Promotions" or "Our" means us the service provider.
1.3 User agreement means this agreement.
2.1 The Agent is fully responsible for their own conduct and cannot act in an abusive manner and must be professional at all times.
2.2 The Agent is responsible for their own Tax and National Insurance payments as the Agent fully understands they are self employed and CL Promotions takes no responsibility regards any payments made to the Agent.
2.3 The Agent must be courteous to all members of staff at CL Promotions or the Franchise Opportunities Hub all times. Any abuse may result in the termination of the Agents affiliate account with CL Promotions.
2.4 Any issues by the Agent shall be put in writing and forwarded to: firstname.lastname@example.org
2.5 Agents must give 2 weeks (14 days) for CL Promotions to give a response to the Agent to resolve any issues. If after this, the Agent is not happy, the Agent may seek legal advice.
3.1 The Agents website supplied by CL Promotions will remain the property of CL Promotions at all times. The Agent simply has Licence to use the site for promotional reasons only, for the length of the agreement.
3.2 The agreement will last indefinitely provided the Agent does not break this agreement and its conditions. If any conditions are broken by the Agent, CL Promotions has the right to cancel this agreement outright at anytime or, suspend it for as long as CL Promotions see's fit to resolve any issues.
3.3 The Agent agrees to pay the website hosting fee each month. The payment is currently £9 per month but can increase at anytime. If any payments are missed the website will be deactivated until payment is received. Any outstanding payments will be due.
3.4 The Agent can cancel the website hosting payment at anytime with 1 months notice if they so wish and still continue to operate their affiliation with CL Promotions subject to CL Promotions approval.
3.5 CL Promotions may agree to allow the Agents affiliate business to be passed on or sold on to a third person at no cost. The third person would have to sign a new Terms & Conditions with CL Promotions.
4. PRODUCTS AND SERVICES:
4.1 All products and services remain the Intellectual Property of CL Promotions. Any Agent found copying or promoting our products outside CL Promotions will be terminated immediately and will be open to legal action.
4.2 All products and services will be available to the Agent to promote for the length of this agreement. The Agent can purchase any products separately for their own use with a discount, which is equivalent to the Agents agreed commission. CL Promotions does not accept any responsibility if any and all products become unavailable for any reason to the agent and no refunds will be due.
4.3 CL Promotions will do everything it can to ensure new products will replace any discontinued products or services but does not guarantee this.
5.1 All Affiliates that complete and close their own deals, must transfer the agreed funds to CL Promotions via electronic bank transfer within 2 working days following notification of a purchase. Failure to transmit funds will result in the Affiliate account being suspended from any further sales until all payments have been received by CL Promotions.
5.2 If in contravention of clause 5.1 Any Agent that fails to proceed with a transaction, the Agents membership and website shall be suspended until further notice or cancelled permanently at CL Promotions discretion.
5.3 Any Agent that receives money from a customer is fully responsible and liable for that money until the amount agreed is paid in full to CL Promotions.
5.4 If CL Promotions closes a deal on behalf of the Agent and receives payment, CL Promotions agree to pay the Agent the agreed amount, 50% of the profit, after costs within each deal sold within 2 working days.
5.5 CL Promotions has the right to change all pricing and commissions at any time and without reason but this will not be done without informing the Agent first.
5.5 If an Agents account is suspended and CL Promotions decides to re activate it, the Agent will be required to pay a charge of £35 re-activation fee. If the Agents account is terminated and if CL Promotions allows it, the Agent has to pay £500 to have a new agreement set-up.
6. LIMITATION OF LIABILITY:
6.1 The owners (and its parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable under this User Agreement for any loss of actual or anticipated income or profits, loss of contracts or for any special, indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, whether or not such loss or damage is foreseeable, foreseen or known.
6.2 The owners maximum aggregate liability under or in connection with this User Agreement, whether in contract, tort (including negligence) or otherwise, will in no circumstances exceed the amount of any sums paid or payable in accordance with CL Promotions schedule of administrative charges.
6.3 This User Agreement states the full extent of obligations and liabilities in respect of the performance of the Sale Services. The parties agree that any condition, warranty representation or other term concerning the Sale Services which might otherwise be implied into or incorporated in this User Agreement, whether by statute, common law or otherwise, is excluded to the maximum extent permitted by law.
7.1 The Agent agrees to indemnify CL Promotions against any and all loss damage or liability (whether criminal or civil) suffered and legal fees and costs incurred by CL Promotions resulting from a breach of this User Agreement by the Agent.
8 ENTIRE AGREEMENT:
8.1 This User Agreement (and any documents referred to in it) constitutes the entire agreement and understanding of the parties and supersedes any previous agreement between the parties relating to the subject matter of this User Agreement.
9. VARIATION AND WAIVER:
9.1 CL Promotions reserves the right to amend this User Agreement at any time by posting an amended version on www.cl-promotions.com and notifying the Agent direct by the Agents email. The amended User Agreement will be active from the date it is posted on the Site and the User’s continuing use of CL Promotions Services will amount to an acceptance of the revised terms. No other amendments to this User Agreement will be effective.
9.2 Any waiver of any right under this User Agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.
9.3 No failure to exercise or delay in exercising any right or remedy provided under this User Agreement or by law constitutes a waiver of such right or remedy nor shall it prevent any future exercise or enforcement of such right or remedy.
9.4 No single or partial exercise of any right or remedy under this User Agreement shall prevent or restrict the further exercise of that or any other right or remedy.
10.1 If any provision of this User Agreement (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
10.2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
11. RIGHTS OF THIRD PARTIES:
11.1 No term of this User Agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to this agreement, but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.
12. GOVERNING LAW AND JURISDICTION:
12.1 This User Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
12.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this User Agreement or its subject matter or formation (including non-contractual disputes or claims).