Affiliate Agreement


Please read the agreement document below before registering.

I accept these terms and wish to register.

The following Terms & Conditions apply to an individual's or entity's participation in the Aromesse.com Affiliate Programme (the "Programme").  As used in these Terms & Conditions, "we" means Aromesse ltd, and "you" means the applicant.  "Site" means a World Wide Web site and, depending on the context, refers either to our site at http://www.aromesse.com or to the site that you will link to our site.

Joining the Programme: To register for our affiliate Programme, you must first complete our sign-up form.  We will then evaluate your site for relevant content, and notify you of your acceptance or rejection.  Sites that will automatically be excluded from the Programme include, but are not limited to, those that:

Promote sexually explicit materials
Promote violence
Promote discrimination based on race, sex, religion, nationality,  disability, sexual orientation or age
Promote illegal activities
Promote business activities using 'unsolicited' marketing methods such as 'spam' email.
Include material that violates the international intellectual property rights of Aromesse 

Applications are currently only being accepted from the United Kingdom, United States of America, Canada and Australia.

Once a site has been accepted, Aromesse reserve the right at any time (at our sole discretion), to terminate this agreement should we deem your site to be no longer suitable for inclusion within the Programme

Links on Your Site:  On acceptance into the Programme you will be given access to specially adapted links that will refer visitors to our site, whilst at the same time allowing the Programme to track those visitors and any purchases.  We may change the appearance of these links and may make changes to their appearance at any time without your prior consent or notification. 
You will only earn referral fees with respect to goods purchased at our store where visitors have been referred using these specially adapted links, and you must ensure that each of the links between your site and our site properly use these specially adapted links.  
We will not be liable to you in any respect due to any failure by you to use the specially adapted links, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.  

Order Processing:  We will be responsible for all aspects of order processing and fulfilment, and reserve the right to reject orders that do not comply with any acceptance criteria that we deem applicable at the time of order.
We will track sales made to customers who have followed the specially adapted links on your site, plus repeat online sales for the period stated in our referral fee schedule.  You will be able to access this sales activity online.

Referral Fees:  We will pay you referral fees for all sales from a specially adapted link on your site, plus repeat online traceable sales for the period as stated in our referral fee schedule, currently six months.  Referral fees are calculated from sales of all of our products, in line with our current fee schedule, currently 10% of all sales, excluding costs for shipping, taxes, handling and bad debt.  We reserve the right to change the referral fee schedule at any time and without prior notice.
If a product that generated a referral fee is returned by the customer, or subject to bad debt, we will deduct the corresponding fee from your next quarterly payment.  If there is no payment due, we reserve the right to invoice you for the fee.
The Programme is intended for commercial use.  You may purchase products through the Programme for your own use, however, if we feel (at our sole discretion) that your site is solely for this purpose we reserve the right to terminate this agreement.


Fee Payment 

UK Affiliates: We will pay your referral fees on a quarterly basis in £ sterling.  Approximately 30 days following the end of each calendar quarter, we will send you a cheque for the referral fees earned in that quarter.  However, if the referral fees due are less than £50, we will hold these referral fees until the total amount due is at least £50 or (if earlier) until this Agreement is terminated.

US, Canadian and Australian Affiliates:  We will convert your referral fees on a quarterly basis, and pay you in your own currency.  Approximately 30 days following the end of each calendar quarter, we will pay you through a third party payment system, currently PayPal.  For details of how this system works, you will need to visit http://www.paypal.com .  By signing up for this Programme you agree to being paid by this method.  If the referral fees due are less than £50, we will hold these referral fees until the total amount due is at least £50 or (if earlier) until this Agreement is terminated.

Limited License:  We own the copyright on all material at our web site, and materials provided to you for advertising our site.  You are not permitted to use our advertising material for any other purpose other than the promotion of our products.  We grant you non-exclusive, revocable right to use the the images provided, for which we grant express permission, solely for the purpose of assisting in generating sales.  You may not modify any of our images in any way.  We reserve all of our rights of our images, trade names and all other intellectual property rights.

Your Web Site and Business:  You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site, including:
The accuracy and appropriateness of materials posted on your site.
Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party.
Ensuring that materials posted on your site are not libellous or otherwise illegal.

We disclaim all liability for these matters.  Further, you will indemnify us against all claims, damages, and expenses (including, without limitation, legal fees) relating to the development, operation, maintenance and contents of your site.

Spam Policy: Aromesse has a strict NO-SPAM policy. You may not promote our products and services by sending any messages to any recipient that did not specifically ask to receive information from you. This includes, but is not limited to, people who have:
** Sent unsolicited messages to you.
** Signed up for a FFA board or Classified listing on your site or any other site unless they told you that you may send them offers when they signed up to post.
SPAM complaints are grounds for immediate termination.
Further information on SPAM is available at The Affiliate Training Centre.

Term of the Agreements: The term of this Agreement will begin upon our acceptance of your Affiliate application and will end when terminated by either party. Either you or we 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 referral fees on sales occurring during the term.
Final payment may be delayed for a reasonable time to allow for any returns or bad debt.

Modification: We may modify any of the terms and conditions contained in this Agreement, at any time and in our 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 PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

Limitation of Liability: We 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. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under to this Agreement.

Independent Investigation: You acknowledge that you have read this agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this agreement or operate web sites that are similar to or compete with your web site. You have independently evaluated the desirability of participating in the Programme and are not relying on any representation, guarantee or statement other than as set forth in this agreement.

Miscellaneous: This Agreement will be governed by the laws of England, without reference to rules governing choice of laws, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. 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. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

I accept these terms and wish to register.



 

Aromesse ltd, Croftbarn, Blyton Carr, Gainsborough, Lincs DN21 3EN U.K.