The use of this site and any of our service are provided on the strict agreement of the below conditions. The law of England & Wales will be used to settle any and all disputes.
Read through the following details about using this website. This information is intended for your protection. Read through the details carefully. The information spells out how you can appropriately use this website. Learn what conditions apply to this site & our service.
This website promotes the business referred to on it. In these conditions, we will refer to this business as the ´Advertiser´.
A wide range of intellectual property rights are used in and relating to this website, including:
the trade marks and logos of the Advertiser;
the design, text, graphics and other content of the web pages on this website, together with all the web addresses associated with those web pages;
and all the software used in relation to this website.
The Advertiser is either the owner or the authorised licensee of these intellectual property rights.
About these conditions
If you access or use any part of this website you agree to these conditions. If you do not want to agree to these conditions, do not access or use this website.
We may change these conditions at any time without giving you notice. Please check these conditions from time to time for any changes. By continuing to use the website you agree to all the changes we make to these conditions.
Using this website
You cannot use this website:=
• for any unlawful purpose; • to send spam; • to harm, threaten, abuse or harass another person, or in a way that invades someone's privacy or is (in our reasonable opinion) offensive or is unacceptable or damaging to us, our companies or our customers or suppliers; • to create, check, confirm, update or amend your own or someone else's databases, records, directories, customer lists, mailing or prospecting lists; • to tamper with, update or change any part of the website; • in a way that affects how it is run; • in a way that imposes an unreasonable or disproportionably large burden on us or our suppliers' communications and technical systems as determined by us; or • using any automated means to monitor or copy the website or its content, or to interfere with or attempt to interfere with how the website works.
• You use the website at your own risk. • You should not rely on the website for advice. • As far as the relevant laws allow, we do not guarantee that: • there will be no problems with how you use the website; • or the computer or server you use to log on to the website is free of viruses or other harmful programs.
Limits to our liability
There is no limit to what we and the people who provide our services will be liable for if someone dies or is injured because of our negligence or because we have committed fraud.
Under no circumstances will, the Advertiser, the owner or operator of this website, or any of their group companies, employees, officers or agents, or any other organisation involved in creating, producing, maintaining or distributing the website be liable for any loss of:
• profits; • business or business opportunities; • savings you expect to make; • goodwill; • use of, or corruption to information; or • information.
If we do not keep to these conditions, we will only be liable for losses you have suffered as a direct result. We are not liable to you for any other losses whether they are because we have not kept to our obligations or contract, because of something we have done or not done in negligence, due to defamatory statements or liability for a product or otherwise as a result of:
• using or relying on the website; • not being able to use the website; • any mistake, fault, failure to do something, missing information, or virus on the website or if it does not work properly because of incidents outside of our control such as (but not limited to) interruptions to communication and networks and circumstances beyond our control; • theft, destruction of information or someone getting access to our records, programs or services without our permission; • goods, products, services or information received through or advertised on any website which we link to from this website; or • any information, data, message or other material which you email, post, upload, reproduce, send, or otherwise distribute or receive using the website.
1) Any phone number provided for use on our clients website remains the property of ours. This is provided for free, or an agreed fee, for 12 months. We have the right to charge any amount for continuing use of this number after the initial 12 month period.
1) Any domain name registered by us for use on a website we build remains the property of ours. After the initial 12 month period, we reserve the right to withdraw the use of this domain, sell this domain or charge a fee for continuing use of this domain.
1) Our payday loan reseller (affiliate) websites are provided on the strict condition that the owner will work with us only. 2) We maintain control of the website domain. However the owner can still sell, transfer or give the domain to another party. New owners of the website will be bound by these terms. 3) Minimum affiliate payment of £50, paid via bank transfer or cheque on or around the 28th of the following month. 4) The provided website and application form must only be used on the ONE domain set up by us, and usually owned by us. Other domains maybe diverted to said website. Not doing so will end all agreements between us and any affiliate commission due will be forfeited. 5) No terms on our Restricted Keywords page maybe used in marketing, SEO or site name.
This 1 to 1 Business Services Affiliate Agreement (the Agreement) is entered into by and 1 to 1 Business Services, Engine House Roundhay Road, Leeds LS8 4BU (1 to 1 Business Services) and you (Affiliate or you), in connection with your use of the affiliate network owned and operated by 1 to 1 Business Services (Network). The Network can be accessed at www.payday-affiliates.co.uk (the Site). Please be advised that this Agreement is subject to change at any time, in 1 to 1 Business Services sole discretion. Changes may include, without limitation, changes in the payout structure, payment procedures and other Network-related policies. Your continued use of the Network after such modification and notification thereof constitutes your consent to such changes. Your participation in the Network constitutes agreement by you to the version of this Agreement in effect at that time. Affiliate agrees that Affiliate is relying solely on this Agreement in making Affiliates decision to enroll and that Affiliate is not relying on any representation, guarantee or statement other than as stated in this Agreement.
To begin the enrollment process, you must submit a complete and accurate Affiliate application (Application). To join the Network, you must be an entity or an individual of at least eighteen (18) years of age, with the requisite equipment and Internet connection to access the Network and Site. 1 to 1 Business Services will evaluate your Application and promptly notify you of your Application acceptance or rejection via the email address provided as part of your Application. If any of the information supplied as part of your Application changes at any time, you must immediately inform 1 to 1 Business Services of such to reflect the changes in your Affiliate profile.
Upon 1 to 1 Business Services acceptance of your Application, 1 to 1 Business Services shall grant to you a non-exclusive, non-transferable, revocable and limited license to: (a) participate in marketing campaigns offered through the Network (Campaigns); (b) use the Creative Materials (as defined herein below) made available via the Network solely and exclusively in connection with your efforts to generate leads (Leads), valid sales or other compensable activities (Compensable Transactions) in connection with such Campaigns; and (c) have the opportunity to earn bonus payments for individuals that you refer to the Network that become Affiliates. Each Campaign shall have specific terms governing payments to affiliates (Commissions), as well as the applicable Compensable Transactions.
1 to 1 Business Services will provide Affiliate with access to three (3) forms of advertisements on the Site for download, use and publication by Affiliate subject to the license set forth above, and the other provisions of this Agreement: (a) a registration form with fields tailored to each Campaign (iFrame Creative); (b) text links, banner ads, pop-ups and other material (Banner Ads); and (c) a pre-designed web page to be used with Affiliates chosen uniform resource locator (URL) (Private Feed and together with the iFrame Creative and Banner Ads, the Creative Material). 1 to 1 Business Services may terminate Affiliates right to use the Creative Material for any reason at any time, in its sole discretion. Affiliate must obtain 1 to 1 Business Services prior written approval before publishing a Private Feed. 1 to 1 Business Services may change or revise the Creative Material that is made available hereunder at any time, in its sole discretion, and Affiliate agrees to use only the most recent version of the Creative Material that is posted on the Site. Affiliate may not alter, modify or otherwise change the iFrame Creative in any manner, whatsoever. Affiliate may only alter, modify or otherwise change the Banner Ads and Private Feed upon obtaining the prior written approval of 1 to 1 Business Services for each instance of modification. Other than where Affiliate receives 1 to 1 Business Services prior written approval in each instance, Affiliate may only use Creative Material that is supplied by 1 to 1 Business Services and that is posted on the Site. Use, or the attempted use, of any other marketing materials in connection with the Network without obtaining 1 to 1 Business Services prior written approval in each instance will result in the immediate termination of this Agreement, without notice. 1 to 1 Business Services retains full and sole right, ownership, and interest in all Creative Material, and in any copyright, trademark, or intellectual property right in the Creative Materials and other information developed by 1 to 1 Business Services and supplied to Affiliate from time to time in connection with this Agreement.
Affiliate agrees that 1 to 1 Business Services may, in its sole discretion, direct the placement of the Creative Material. Unless such direction is given, and subject to the terms and conditions of this Agreement, the applicable Campaign and all applicable laws, rules and regulations, Affiliate may display the iFrame Creative and Banner Ads: (a) as often and in as many areas of the websites owned, operated or controlled by Affiliate (Affiliate Websites); and/or (b) in creative for distribution to those e-mail addresses listed in the e-mail databases owned, operated or controlled by Affiliate (Affiliate Databases). Notwithstanding the foregoing, Affiliate must immediately comply with any and all directions by 1 to 1 Business Services to modify, alter or otherwise adjust the placement, frequency and/or other editorial decisions related to the Creative Material. Affiliate must immediately remove Creative Material upon receiving notice from 1 to 1 Business Services or upon the termination or expiration of this Agreement or any applicable Campaign.
Unless authorized, Affiliate may not, nor knowingly permit any Sub-Affiliate (as that term is defined herein below) to, use third-party trademarks in any manner to direct traffic to any Affiliate Websites including, but not limited to, purchasing keywords from a search engine service provider that include the trademark, service mark and/or brand name of any third party, or any derivative of any such trademark, service mark or brand name. Affiliate may not allow the Creative Material to be placed on any non-Affiliate Websites without the prior express written consent of 1 to 1 Business Services . Affiliate must place or use the Creative Material only with the intention of delivering valid Compensable Transactions. Affiliate may not, nor knowingly permit any person to, activate the Creative Material or inflate the amount of Compensable Transactions through any deceptive or misleading practice, method, or technology including, but not limited to, the use of any spyware, adware, device, program, robot, redirects, spiders, computer script or other automated, artificial or fraudulent methods designed to appear like an individual, real live person performing a Compensable Transaction. 1 to 1 Business Services will only accept Compensable Transactions generated from U.S. citizens. 1 to 1 Business Services .com will not accept Compensable Transactions generated from public or open proxy servers, from IP addresses that have bot activity or from pay-per-view or pay-per-surf programs. 1 to 1 Business Services reserves the right to demand detailed information regarding the source locations of Compensable Transactions. Affiliate agrees and acknowledges that it shall not, nor shall it permit any Sub-Licensees to: (a) use incentives offers, create the appearance of incentivising offers, establish or cause to be established any promotion that provides any sweepstakes entries, rewards, points or other compensation to be earned in connection with generating Compensable Transactions, or otherwise attempt to induce Internet users to click on any of the Creative Material through use of any other incentives, without obtaining the prior written approval of 1 to 1 Business Services ; (b) place any statement in close proximity to the Creative Material requesting that e-mail recipients or Internet users click on or fill-out the applicable Creative Material (e.g., Please click here); (c) place misleading statements in close proximity to the Creative Material; (d) take control of a users computer by delivering advertisements that a user of a computer cannot close without turning off the computer or closing all sessions of the Internet browser for the computer; (e) install or execute on anothers computer one or more additional software program(s) without consent of the user, or if such program(s) are installed with the consent of the user, Affiliate must clearly provide instructions to disable the software, such that the software is easily identifiable and the removal can be performed without undue effort or knowledge by the user of the computer; and/or (f) distribute spyware or other similar harmful software.
Unless otherwise stated in writing by 1 to 1 Business Services , each piece of Creative Material made available to Affiliate in connection with any Campaign must include, in unaltered form, the 1 to 1 Business Services special transaction tracking codes as embedded in all such Creative Material (the Transaction Tracking Codes). Affiliate will not knowingly, modify, circumvent, impair, disable or otherwise interfere with any Transaction Tracking Codes and/or other technology and/or methodology required or made available by 1 to 1 Business Services to be used in connection with any and all Creative Material.
The term of this Agreement will begin upon 1 to 1 Business Services written acceptance of Affiliates submitted Application and will end when terminated by either party as set forth herein. Affiliate may terminate this Agreement at any time upon three (3) days prior written notice to 1 to 1 Business Services . 1 to 1 Business Services may terminate Affiliates participation in the Network and/or this Agreement immediately upon notice at any time and for any reason, in 1 to 1 Business Services sole discretion. Affiliate is only eligible to earn Commissions (as defined herein below) in connection with Compensable Transactions (as defined herein below) generated during the term of this Agreement. Upon termination of this Agreement for any reason: (a) Affiliate shall immediately cease to use and remove from the Affiliate Websites any and all Creative Material and/or other materials made available to Affiliate in connection with Affiliates participation in the Network; (b) Affiliate shall immediately cease transmitting any and all e-mails in connection with any Campaign; (c) any and all licenses and rights granted to Affiliate in connection with this Agreement shall immediately cease and terminate; and (d) any and all Confidential Information (as defined herein below), Creative Material or proprietary information of 1 to 1 Business Services that is in Affiliates possession or control must be immediately returned or destroyed. If requested, Affiliate or an authorized officer of Affiliate shall certify in signed writing that all such confidential and/or proprietary information has been returned or destroyed.
(a) General. 1 to 1 Business Services shall pay Commissions according to the payment terms of the applicable Campaign as set forth by 1 to 1 Business Services in the Network and/or on the Site. Affiliate shall be responsible for paying any and all applicable taxes (if any) due to all taxing authorities arising from, or in connection with, Affiliates participation in the Network. 1 to 1 Business Services may require Affiliate to provide tax identification information, as a condition precedent to receiving any Commission payments. All Payments shall be in UK Pounds. 1 to 1 Business Services will not pay any Commissions to Affiliate: (i) unless 1 to 1 Business Services has documentation to support such Commissions within the 1 to 1 Business Services database and Data (as defined herein below); (ii) that occur before Affiliate is accepted into the Network; and/or (iii) that occur after termination of this Agreement or any applicable Campaign. 1 to 1 Business Services reserves the right to withhold and/or cancel Commission payments due and owing to Affiliate at any time, in its sole discretion, when 1 to 1 Business Services believes that Affiliate is in breach of any term of this Agreement.
(b) Schedule. 1 to 1 Business Services shall pay Commissions based on the Compensable Transactions recorded by the Transaction Tracking Codes approximately on the 28th of the following month.. All determinations made by 1 to 1 Business Services in connection with the Transaction Tracking Codes, Compensable Transactions, and any associated Commissions due to Affiliate shall be final and binding on Affiliate. Where Affiliate generates over One Thousand Pounds (£1,000.00) in weekly Commissions during any one (1) week, Affiliate may request to be paid on a weekly basis, approximately fifteen (15) days after the end of such week, for Commissions earned during the prior week; provided, should Affiliate generate less than One Thousand Pounds (£1,000.00) in Commissions for any subsequent week, Affiliate shall return to the regular payment schedule for that weeks earnings.
(c) Payment Threshold. Payments will be made to Affiliate provided the applicable Affiliate account has reached a minimum of Fifty Pounds (£50) (Payment Threshold) in accrued Commissions. Accounts that have accrued a balance below the Payment Threshold will continue to roll over to the next billing period until an amount equal to or greater than the Payment Threshold has been met. Upon termination of this Agreement, all legitimate funds due to Affiliate, even amounts below the Payment Threshold, will be paid during the next billing cycle. However, in the event Affiliate materially breaches this Agreement and 1 to 1 Business Services terminates this Agreement within thirty (30) days of such breach, any accrued and payable Commissions owing to Affiliate shall be forfeited, and 1 to 1 Business Services shall not be obligated to pay such Commissions to Affiliate.
(d) Referrals. Affiliate shall receive additional payments (Referral Revenue) for each individual that Affiliate refers to 1 to 1 Business Services where such individual also becomes an active Affiliate participating in the Network (Referral). The Referral Revenue shall be equal to three percent (3%) of the gross revenue 1 to 1 Business Services collects from Advertisers as a result of the applicable Referrals participation in the Network as an Affiliate. To qualify as a Referral, the individual referred by Affiliate: (a) must not have previously registered, or attempted to register, with 1 to 1 Business Services as either an Affiliate or Advertiser; (b) must not provide a fraudulent, incomplete and/or duplicate Application; (c) must identify Affiliate as the party that referred him or her to 1 to 1 Business Services at the time that the prospective Referral registers with 1 to 1 Business Services; (d) must complete an Application; and (e) must have the Application approved by 1 to 1 Business Services. 1 to 1 Business Services will verify and approve all Referrals in accordance with its standard verification procedures. Where Affiliate is found tampering with or engaging in fraud in connection with this Referral program, Affiliate will: (A) be disqualified from receiving any associated Referral Revenue; (B) have his or her Affiliate account terminated; and (C) will be subject to any and all remedies available to 1 to 1 Business Services at law and in equity resulting from such fraud. 1 to 1 Business Services may terminate and/or modify the Referral program at any time in its sole discretion.
(e ) Conditions for Payment/Data. 1 to 1 Business Services, in its sole discretion, may withhold any and all payments due and owing to Affiliate until such time as the applicable Advertiser has paid 1 to 1 Business Services for the associated Campaign. 1 to 1 Business Services reserves the right to reduce any and all payments owed to Affiliate where Advertiser has offset payments owed to 1 to 1 Business Services . 1 to 1 Business Services services do not include investigating or resolving any claim or dispute involving Affiliate and any Advertiser or third party. 1 to 1 Business Services shall compile, calculate and post on the Site data derived from the Transaction Tracking Codes and supplementary sources used by 1 to 1 Business Services to determine Commissions due to Affiliate (Data). Any questions or disputes regarding the Data must be submitted in writing to 1 to 1 Business Services within five (5) business days of the date that the Data is posted on the Site; otherwise, the information contained therein will be deemed accurate and accepted by Affiliate. 1 to 1 Business Services will investigate and resolve any Data-related questions or disputes in its sole discretion. If, due to any impairment of the Transaction Tracking Codes or any other reason, 1 to 1 Business Services is unable or fails to provide Affiliate with accurate and/or complete Data, 1 to 1 Business Services shall calculate Compensable Transactions (Projected Compensable Transactions), based upon: (i) Affiliates average bi-monthly Compensable Transactions recorded by 1 to 1 Business Services for the applicable Campaign, prorated for any shorter or longer period of time, where Data is available to calculate a bi-monthly average; or (ii) such amount that 1 to 1 Business Services reasonably determines is due and owing, in its sole discretion, where Data needed to calculate Affiliates average monthly Compensable Transactions is unavailable. 1 to 1 Business Services shall not be responsible to pay Affiliate on any eligible Commissions where: (A) the applicable Compensable Transaction involves the generation of Leads, and the applicable Leads delivered by Affiliate are either fraudulently obtained or comprised of consumers that have previously registered for, opted-in to and/or are already a member and/or an applicable Campaign customer of the applicable Advertiser, as the case may be; and/or (B) the subject e-mail recipient did not opt-in to receiving e-mail marketing from Affiliate.
For purposes of this Agreement, any business partners or associates of Affiliate that participate in or perform any activities for Affiliate as a part of the Network shall be deemed to be Sub-Affiliates. Any and all Sub-Affiliates must be pre-approved by 1 to 1 Business Services . 1 to 1 Business Services reserves the right to withhold or refuse approval of any Sub-Affiliate for any reason whatsoever, and 1 to 1 Business Services may revoke its approval of a Sub-Affiliate at any time for any reason whatsoever. All Sub-Affiliates must meet the same criteria for approval and must comply with the same terms and conditions as required of the Affiliate under this Agreement. Affiliate is responsible for the acts and/or omissions of its Sub-Affiliates and 1 to 1 Business Services may revoke approval of Affiliates participation in any Campaign based on the acts or omissions of that Affiliates Sub-Affiliates. 1 to 1 Business Services reserves the right to use all legal measures necessary in order to ensure that Affiliate and its Sub-Affiliates are in compliance with this Agreement. Affiliate shall fully and unconditionally indemnify 1 to 1 Business Services for any and all actions of any Sub-Affiliate including, but not limited to, payment of legal fees and costs if necessary.
Should Affiliate market any Campaign to its Affiliate Database, Affiliate must, upon the request of 1 to 1 Business Services , be able to produce the name, date, time, IP address and referral URL where the applicable consumers granted Affiliate affirmative consent, as defined by applicable law (Affirmative Consent), to send such e-mail marketing messages. Prior to the sending of any commercial e-mail in connection with the Network, Affiliate shall provide 1 to 1 Business Services with a list of Internet protocol (IP) addresses and domain names that it, or its Sub-Affiliates, intend(s) to use in connection with the particular Campaign. Affiliate represents and warrants that, at all times, it will comply with all applicable UK Law implementing regulations (including, but not limited to, CAN-SPAM and any international laws, rules and regulations), as well as any published rules or guidelines of the Internet access service, networks, domains and/or e-mail service providers, with respect to its e-mail marketing. When performing e-mail marketing of any kind and on behalf of any Advertiser, Affiliate represents and warrants that Affiliate shall transmit commercial e-mail only to those recipients that have given Affiliate Affirmative Consent to receive e-mail advertising from Affiliate and have not revoked such consent as of the date that the commercial e-mail was transmitted to such recipient. Affiliate and its Sub-Affiliates must: (a) refrain from falsifying e-mail header and transmission information (including, without limitation, source, destination and routing information); (b) not use any subject or from line that is materially false or misleading; (c) without limiting the generality of the foregoing, refrain from using brand names and/or trademarks of another party (e.g., Milton Bradley or Apple) in the subject or from lines or body of any commercial e-mail transmission.); (d) refrain from seeking or obtaining unauthorized access to computers for the purpose of sending any and all commercial e-mail; (e) include within all commercial e-mail sent: (i) a valid street address for Affiliate; (ii) a clear and conspicuous opt-out notice and functional opt-out mechanism that must remain active for at least thirty (30) days from the date that the subject e-mail was transmitted; (iii) clear and conspicuous language in the body of the email identifying the message as an advertisement or solicitation by use of either header or footer information which states that the message is an advertisement or solicitation; and (iv) process unsubscribe requests within three (3) days of receipt of same; (d) not use proxies or relays to send email; (e) not use email addresses obtained via harvesting or dictionary attack; (f) at least once a week, scrub the Affiliate Database against the 1 to 1 Business Services suppression list (Suppression List) as same will be made available on the Site, subject to the provisions contained herein below; and (g) immediately notify 1 to 1 Business Services in the event that any complaint, investigation and/or litigation ensues concerning Affiliates or any Sub-Affiliates e-mail practices (whether or not such complaint, investigation and/or litigation relates to Affiliates relationship with 1 to 1 Business Services ). Affiliate is solely responsible for all consumer complaints relating to e-mail campaigns conducted by Affiliate. Affiliate represents and warrants that it will respond to all consumer complaints within forty-eight (48) hours of notification. In addition to all other available remedies, 1 to 1 Business Services may withhold and suspend Commission payments until any and all outstanding consumer complaints are resolved. All costs associated with such required actions shall be deducted from Affiliate Commissions. In the event that any UK Law, rule or regulation governing e-mail communications is enacted or amended after the effective date of this Agreement setting forth standards more restrictive than those set forth herein, the more restrictive standards contained in such enacted or amended law, rule or regulation shall apply to all Affiliates with or without notice from 1 to 1 Business Services of such change in the law. Affiliate acknowledges that any failure to comply with this section may, in 1 to 1 Business Services sole discretion, result in the immediate termination of this Agreement and the forfeiture of any and all rights to any Commissions otherwise owed to Affiliate by 1 to 1 Business Services .
With respect to any Suppression List generated in connection with, or made available by and through the Network, Affiliate agrees to: (a) use such Suppression List, and the individual customer records contained therein, solely for the suppression purposes set forth herein, even after any termination of this Agreement; (b) regularly use such Suppression List to remove any and all e-mail addresses or domains contained therein from future commercial e-mail mailings; (c) not use the Suppression List for purposes of e-mail marketing, or provide the Suppression List to any third party for said purposes, and not send, or cause to be sent, any commercial e-mail messages to an e-mail address or domain appearing on any Suppression List; (d) not use any Suppression List for purposes of e-mail appending in any manner whatsoever; (e) hold any Suppression List made available by 1 to 1 Business Services in trust and confidence and use same solely for the suppression purposes set forth herein; (f) not retain a copy of any Suppression List made available by 1 to 1 Business Services following termination of this Agreement; and (g) not disclose any Suppression List made available by 1 to 1 Business Services to any employee, consultant, subcontractor, third party individual, corporation or entity without first ensuring said partys written agreement to be bound by the terms of this Agreement regarding Suppression Lists. Such agreement shall be immediately forwarded to 1 to 1 Business Services , upon request. 1 to 1 Business Services reserves the right to withhold its consent to such disclosure and may, within its discretion, accordingly bar the disclosure of any and all Suppression Lists made available by 1 to 1 Business Services or any Advertiser. Affiliate shall upload its own list of suppressed e-mail addresses to the applicable area of the Site (Suppression List Upload Section), if such a Suppression List Upload Section is provided by 1 to 1 Business Services . If the Suppression List Upload Section is provided by 1 to 1 Business Services , and no such e-mail addresses are supplied by Affiliate, 1 to 1 Business Services may conclude that no such addresses exist. Affiliate further agrees and acknowledges that: (i) it has downloaded and removed the domains located on the USA Federal Communications Commissions (FCCs) wireless domain names list (http://www.fcc.gov/cgb/policy/DomainNameDownload.html) from any and all current data used in 1 to 1 Business Services mailings; and (ii) any and all new data that it acquires, regardless of its source, will be scrubbed against the FCCs wireless domain names list and that the domain names contained therein will be removed before sending any 1 to 1 Business Services mailings. Affiliate shall maintain electronic or tangible records evidencing the removal of any email addresses from Affiliates lists for verification by 1 to 1 Business Services as required or requested.
Affiliate agrees that at all times during the term of this Agreement it shall maintain accurate books and records relating to its use of the Creative Material and Suppression Lists (as that term is defined below). Affiliate agrees that 1 to 1 Business Services , or any designee of 1 to 1 Business Services that is legally bound to obligations of confidentiality and non-disclosure, shall have the right during the term of this Agreement to reasonably examine, inspect, audit and review all such books, records and any source documents used in the preparation thereof during normal business hours upon written notice to Affiliate at least seven (7) business days prior to the commencement of any such examination, inspection, review or audit. Such audit shall be at 1 to 1 Business Services sole cost and expense and shall be strictly limited to those books and records that specifically relate to Affiliates use of the Creative Material and Suppression Lists. Notwithstanding the foregoing, if 1 to 1 Business Services uncovers any material misconduct associated with Affiliates use of the Creative Material and/or Suppression Lists, then the audit shall be at the sole cost and expense of Affiliate.
THE NETWORK, SITE, DATA, SUPPRESSION LISTS, TRANSACTION TRACKING CODES, AND CREATIVE MATERIAL ARE PROVIDED ON AN "AS IS AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED, INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE. THE NETWORK, SITE, DATA, SUPPRESSION LISTS, TRANSACTION TRACKING CODES AND CREATIVE MATERIAL MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. 1 TO 1 BUSINESS SERVICES HAS NO LIABILITY, WHATSOEVER, TO AFFILIATE OR ANY THIRD PARTY, FOR AFFILIATES USE OF, OR INABILITY TO USE, THE NETWORK, SITE, DATA, SUPPRESSION LISTS, TRANSACTION TRACKING CODES, AND/OR CREATIVE MATERIAL. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, 1 TO 1 BUSINESS SERVICES IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH HEREINABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN 1 TO 1 BUSINESS SERVICES AND AFFILIATE. THE NETWORK, SITE, DATA, SUPPRESSION LISTS, TRANSACTION TRACKING CODES AND CREATIVE MATERIAL WOULD NOT BE PROVIDED TO AFFILIATE WITHOUT SUCH LIMITATIONS. 1 TO 1 BUSINESS SERVICES MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY RESULTS OBTAINABLE THROUGH THE NETWORK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY AFFILIATE FROM 1 TO 1 BUSINESS SERVICES THROUGH THE NETWORK, SITE, DATA, SUPPRESSION LISTS, TRANSACTION TRACKING CODES OR CREATIVE MATERIAL SHALL CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY AND/OR LIABILITY FOR ANY AND ALL DAMAGES CAUSED BY, AND/OR THROUGH, THE NETWORK, SITE, DATA, SUPPRESSION LISTS, TRANSACTION TRACKING CODES AND CREATIVE MATERIAL IS EXPRESSLY DISCLAIMED. AFFILIATE UNDERSTANDS AND AGREES THAT PARTICIPATION IN THE NETWORK AND ACCESS AND/OR USE OF SITE AND CREATIVE MATERIAL IS DONE SOLELY AT AFFILIATES OWN DISCRETION AND AT AFFILIATES OWN RISK. AFFILIATE IS ALSO SOLELY RESPONSIBLE FOR ANY USE, OR ALLEGED USE, OF THE NETWORK, SITE, DATA, SUPPRESSION LISTS, TRANSACTION TRACKING CODES AND CREATIVE MATERIAL THAT MAY INFRINGE UPON A THIRD PARTYS INTELLECTUAL PROPERTY RIGHTS. UNDER NO CIRCUMSTANCES SHALL 1 TO 1 BUSINESS SERVICES BE LIABLE TO AFFILIATE OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY CUSTOMERS OBTAINED THROUGH AFFILIATES MARKETING EFFORTS, IN ANY MANNER WHATSOEVER ARISING FROM AFFILIATES PARTICIPATION IN THE NETWORK. 1 TO 1 BUSINESS SERVICES MAXIMUM AGGREGATE LIABILITY TO AFFILIATE AND ANY THIRD PARTY UNDER ANY AND ALL CIRCUMSTANCES SHALL BE EQUAL TO THE MONEY PAID BY 1 TO 1 BUSINESS SERVICES TO AFFILIATE DURING THE PRECEDING THREE (3) MONTHS.
The organization, graphics, design, compilation, magnetic translation, digital conversion, software and other matters related to the Site, Network, Creative Material, Transaction Tracking Codes, Data and Suppression Lists made available by 1 to 1 Business Services are protected under applicable copyright, trademark and other proprietary rights. The usage, copying, redistribution and/or publication by Affiliate of any part of the Site, Network, Creative Material, Transaction Tracking Codes, Data and Suppression Lists made available by 1 to 1 Business Services , other than as contemplated hereunder, are strictly prohibited. Affiliate does not acquire any ownership rights to the Site, Network, Creative Material, Transaction Tracking Codes, Data and Suppression Lists made available by 1 to 1 Business Services . The availability of the Site, Network, Creative Material, Transaction Tracking Codes, Data and Suppression Lists made available by 1 to 1 Business Services does not constitute a waiver of any rights related thereto.
For purposes of this Agreement, Confidential Information shall mean all data and information, of a confidential nature or otherwise, disclosed during the term of this Agreement by one party (Disclosing Party) to the other party (Receiving Party), as well as information that the Receiving Party knows or should know that the Disclosing Party regards as confidential including, but not limited to: (a) a partys business plans, strategies, know how, marketing plans, suppliers, sources of materials, finances, business relationships, processes, methodologies, trade secrets, customer and vendor lists, personally identifiable customer information, pricing, technology, employees, trade secrets and other non-public or proprietary information whether written, oral, recorded on tapes or in any other media or format; (b) the material terms of this Agreement and/or any associated Advertisers and/or Campaigns; and (c) any information marked or designated by the Disclosing Party as confidential. The Receiving Party agrees to hold all Confidential Information in trust and confidence and, except as may be authorized by the Disclosing Party in writing, shall not use such Confidential Information for any purpose other than as expressly set forth in this Agreement or disclose any Confidential Information to any person, company or entity, except to those of its employees and professional advisers: (i) who need to know such information in order for the Receiving Party to perform its obligations hereunder; and (ii) who have entered into a confidentiality agreement with the Receiving Party with terms at least as restrictive as those set forth herein. Confidential information shall not include any information that the Receiving Party can verify with substantial proof: (A) is generally available to or known to the public through no wrongful act of the receiving party; (B) was independently developed by the Receiving Party without the use of Confidential Information; or (C) was disclosed to the Receiving Party by a third party legally in possession of such Confidential Information and under no obligation of confidentiality to the Disclosing Party. The information and services provided through the Network and the Creative Material are proprietary in nature and, by enrolling, Affiliate acknowledges that Affiliate is not a competitor of 1 to 1 Business Services and agrees not to share this information with any competitors of 1 to 1 Business Services . The Receiving Party agrees that monetary damages for breach of the confidentiality provisions contained herein may not be adequate and that the disclosing party shall be further entitled to injunctive relief, without the requirement to post bond. This Section shall survive any termination of this Agreement for a period of five (6) years.
Affiliate recognizes that 1 to 1 Business Services has proprietary relationships with affiliates, Advertisers and other third-parties that participate in the Network. Affiliate agrees not to circumvent 1 to 1 Business Services relationship with such affiliates, Advertisers, and third-parties, or otherwise offer, make available, provide, contract for, or otherwise perform, directly or indirectly, advertising, marketing or promotional services similar to the services performed by affiliates in the Network for any affiliate, Advertiser, or third-party publisher that is known, or should reasonably be known, by Affiliate to participate in the Network, during the term of this Agreement and for the six (6) month period following termination or expiration of this Agreement. Notwithstanding the foregoing, to the extent that Affiliate can show that any such affiliate, Advertiser, or third-party already obtained such services from Affiliate prior to the date of this Agreement, Affiliate shall not be prohibited from continuing such relationship. Affiliate agrees that monetary damages for its breach, or threatened breach, of this section will not be adequate and that 1 to 1 Business Services shall be entitled to: (a) injunctive relief, including temporary and preliminary relief, without the requirement to post a bond; (b) liquidated damages from Affiliate in the amount equal to one hundred percent (100%) of the fees paid to Affiliate in violation of this Section for the prior six (6) month period; and/or (c) any and all other remedies available to 1 to 1 Business Services at law or in equity. Affiliate agrees to indemnify, defend and hold harmless 1 to 1 Business Services , its parents, affiliates and/or subsidiaries, and each of their respective officers, directors, partners, members, managers, employees, agents and attorneys, from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including reasonable attorneys fees, court costs and/or settlement costs) arising from or related to: (a) Affiliates, or a Sub-Affiliates, breach of this Agreement and/or any representation or warranty contained herein; (b) the Affiliate Websites, Sub-Affiliate websites, Affiliate Databases, Sub-Affiliate databases and/or Affiliates or any Sub-Affiliates marketing practices; (c) any third party allegation or claim against 1 to 1 Business Services relating to a violation of any Laws; (d) any allegation that Affiliate or a Sub-Affiliate has infringed upon the trademark, trade name, service mark, copyright, license, intellectual property or other proprietary right of any third party; (e) any non-Campaign related content, goods or services offered, sold or otherwise made available by Affiliate on and through the Affiliate Websites, Sub-Affiliate websites, Affiliate Database, Sub-Affiliate databases or otherwise; (f) any claim that 1 to 1 Business Services is obligated to pay any taxes in connection with Affiliates participation in the Network; and/or (g) Affiliates participation in the Network, in any manner whatsoever. 1 to 1 Business Services reserves the right to participate in the defense at its sole expense. You agree that you will not settle any claim without the prior written approval of 1 to 1 Business Services . Affiliate shall immediately notify 1 to 1 Business Services if Affiliate receives notice of any complaints, inquiries or investigations related to the Affiliate Websites, Sub-Affiliate websites, Affiliate Database, Sub-Affiliate databases or any other violations in connection with Affiliates or any Sub-Affiliates business whether or not Affiliate is obligated to indemnify 1 to 1 Business Services for such claim hereunder.
Affiliate agrees that 1 to 1 Business Services will not be liable, or be considered to be in breach of this Agreement, on account of 1 to 1 Business Services delay or failure to perform as required under the terms of this Agreement as a result of any causes or conditions that are beyond 1 to 1 Business Services reasonable control which 1 to 1 Business Services is unable to overcome through the exercise of commercially reasonable diligence (a Force Majeure Event). If any such Force Majeure Event occurs including, without limitation, acts of God, fires, explosions, telecommunications, Internet or network failure, results of vandalism or computer hacking, storm or other natural occurrences, national emergencies, acts of terrorism, insurrections, riots, wars, strikes or other labor difficulties, or any act or omission of any other person or entity, 1 to 1 Business Services will give Affiliate notice and will use commercially reasonable efforts to minimize the impact of any such event.
This Agreement shall be treated as though it were executed and performed in the UK and shall be governed by and construed in accordance with the laws of England & Wales without regard to conflict of law principles. In addition to all other rights and remedies a party may have, the prevailing party in any arbitration or legal action shall be entitled to an award of its reasonable attorneys fees and costs. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. This binding arbitration provision shall not, however, prevent either party from seeking equitable or injunctive relief in a court of competent jurisdiction. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against 1 to 1 Business Services and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorneys fees and court costs that 1 to 1 Business Services incurs in seeking such relief. This Agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This Agreement constitutes the entire agreement between 1 to 1 Business Services and Affiliate, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited. The headings for sections herein are for convenience only and shall not affect the meaning of the provisions of this Agreement. Affiliate agrees that any unauthorized and/or unlawful use of the Network would result in irreparable injury to 1 to 1 Business Services for which monetary damages would be inadequate. In such event, 1 to 1 Business Services shall have the right, in addition to other remedies available to it pursuant to this Agreement, to immediate injunctive relief against Affiliate without the need to post a bond. Nothing contained in this Agreement shall be construed to limit any legal remedies available to 1 to 1 Business Services . 1 to 1 Business Services and Affiliate are independent contractors. This Agreement shall not be construed to create any employment, partnership, joint venture, agency, franchise, or sales representative relationship between the Parties. Affiliate shall have no authority to bind 1 to 1 Business Services into any agreement, nor shall Affiliate be considered to be an agent of 1 to 1 Business Services in any respect. 1 to 1 Business Services failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Any attempt by any individual, whether or not an Affiliate, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Network, is a violation of both criminal and civil law and 1 to 1 Business Services will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and 1 to 1 Business Services successors and assigns. Affiliate is not permitted to transfer any rights and obligations pursuant to this Agreement. Any attempt to do so will result in the immediate termination of this Agreement. For technical/general questions, please contact:
Other terms may be found at www.1-to-1.org.uk/terms.html.
The whole agreement
These conditions make up the whole agreement between you and us in how you use the website. If a court decides that a condition is not valid, the rest of the conditions will still apply.
The laws of England and Wales apply to your use of the website and these conditions. We control the website from within the United Kingdom. However, you can get access to the website from other places around the world. Although, these places may have different laws from the laws of England and Wales, by using the website you agree that the laws of England and Wales will apply to everything relating to you using the website and you agree to keep to these laws. We have the right to take you to court in the country you live in.Template Sites £37 Bespoke Design £499