Telephone Hot Line 
0207 193 9400

  
                                           You are here:  Home  |  Make Money  |  Affiliate Program Terms and Conditions
 

Video Testimonials Ltd Affiliate Program
Terms and Conditions


THIS IS A LEGAL AGREEMENT BETWEEN YOU AND VIDEO TESTIMONIALS LTD. BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
  1. Overview
    This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Video Testimonials Ltd Affiliate Program. The purpose of this Agreement is to allow HTML linking between your website and Video Testimonials Ltd’s website. Please note that throughout this Agreement, "we," "us," and "our" will mean Video Testimonials Ltd, and "you," "your," and "yours" will mean the affiliate.
  2. Affiliate Obligations
    1. To begin the enrolment process, you will complete and submit the online application. We will evaluate your application to join the program and notify you of your acceptance or rejection. We may reject your application at our sole discretion.
    2. Video Testimonials Ltd reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
    3. You agree to fully cooperate with us in order to establish and maintain any links between the Video Testimonials Ltd website and your site. You also agree that those graphic images that you display pertaining to Video Testimonials Ltd, for use as a link or otherwise, will only be graphic images that we provide to you from the Affiliate Management Centre. If we update those graphics, you will need to replace our old graphics with the new ones. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that your site is up-to-date and to notify you of any changes to your site that we feel should be made.
  3. Video Testimonials Ltd Rights and Obligations
    1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement and to notify you of any changes to your site that we feel should be made or to make sure that your links to our website are appropriate and to notify you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Affiliate Program.
    2. Video Testimonials Ltd reserves the right to terminate this Agreement and your participation in the Video Testimonials Ltd Affiliate Program immediately and without notice to you should you commit fraud in your use of the Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, Video Testimonials Ltd shall not be liable to you for any Referral Fees for such fraudulent referrals.
    3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
  4. Termination
    Either you or we may end this Agreement at any time, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
  5. Modification
    We may modify any of the terms and conditions in this Agreement, at any time in our sole discretion. In such event you will be notified by email and a change notice will be posted at your Affiliate Management Centre. Modifications may include, but are not limited to, changes in the payment procedures, and Video Testimonials Ltd Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Video Testimonials Ltd Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
  6. Affiliate Fees
    1. For every end user who enters the Video Testimonials Ltd website through your Links from your Site or Email and makes a purchase from Video Testimonials Ltd using a credit/debit card within 90 days (a "Qualified Buyer"), Video Testimonials Ltd will pay you a fee of 35% (thirty five percent) of the order subtotal (before VAT). Please note that we will not pay Affiliate Fees on purchases by Qualified Buyers who subsequently re-enter the Video Testimonials Ltd website after 90 days (other than through your Links from your Site), even if the customer previously followed a link from Your Site to the Video Testimonials Ltd website.
  7. Payment
    You will receive a commission’s payment on the 5th of every month. This will include all transactions from the previous month. Affiliates will be paid via PayPal. Affiliates may also opt to use their earnings towards purchases at Video Testimonials Ltd, with each £1 worth £2 in our shop.
  8. Access to Affiliate Centre
    You will be given a password so that you may enter our secure Affiliate Management Centre. From this site you will be able to receive your reports that will describe our calculation of the Commission Fee due to you.
  9. Promotion Restrictions
    You are welcome to promote your own websites, but naturally any promotion that mentions the Video Testimonials Ltd website, could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by Video Testimonials. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our brand name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name or your return email address. You may use mailings to customers to promote Video Testimonials Ltd website so long as the recipient is already a customer or subscriber of your services or website, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote Video Testimonials Ltd website so long as the news group specifically welcomes commercial messages. No matter what, you must always clearly represent yourself and your websites as independent from Video Testimonials Ltd. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Video Testimonials Ltd Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to unacceptable advertising or solicitation.
  10. Grant of Licenses
    1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you for such purpose. You may not alter, modify or change the Licensed Materials in any way. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Video Testimonials Ltd Affiliate Program. All uses of Licensed Materials by you shall be subject to the Video Testimonials Ltd trademark usage guidelines as will be provided to you from time to time. You agree that all uses of the Licensed Materials will be on behalf of Video Testimonials Ltd and the good will associated therewith will inure to the sole benefit of Video Testimonials Ltd.
    2. You grant to us a non-exclusive right to utilize your names, titles, and logos in the advertising, marketing, promoting, and publicizing in any manner our rights under this Agreement. However, Video Testimonials Ltd is under no obligation to so advertise, market, promote, or publicize.
    3. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
  11. Disclaimer
    VIDEO TESTIMONIALS LTD MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING VIDEO TESTIMONIALS LTD SERVICE AND WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF VIDEO TESTIMONIALS LTD ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
  12. Representations and Warranties: You represent and warrant that:
    1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
    2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
    3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
  13. Limitations of Liability
    WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL VIDEO TESTIMONIALS LTD CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
  14. Indemnification
    You agree to indemnify and hold harmless Video Testimonials Ltd and its employees, representatives, agents and affiliates, against any and all claims, suits, actions, or other proceedings brought against Video Testimonials Ltd based on or arising from any claim (i) that our use of any material provided by you infringes on any copyright, patent, trademark, trade secret or any other intellectual property right of any third party, or (ii) resulting from your breach of this Agreement or resulting from your breach of any third party intellectual property right or misappropriation of any material, or resulting from any of your defamatory, libellous act or resulting from your violation of any third party right of publicity or privacy. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by Video Testimonials Ltd in connection with or arising from any such claim, suit, action, or proceeding.
  15. Confidentiality
    All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential", will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
  16. Miscellaneous
    1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Video Testimonials Ltd. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
    2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
    3. This agreement shall be governed by and construed in accordance with the laws of England and Wales and subject to the jurisdiction of the English Courts.
    4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
    5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
    6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
    7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.

Register For Your Free Website Assessment
In The Form Below

Our consultants will review your site and email you an individualised solution for effectively implementing Video Testimonials.


 

Take A Look At The Many Benefits Of Using Video On Your Website
Blog - Regular Updates
Articles - Getting Results Using Video Testimonials
Other Services
Order Video Testimonials
Affiliate Referal Program
 

 
Home Contact Us Links Terms & Conditions Privacy Policy SiteMap

© Copyright 2007 - 2010, VideoTestimonials.com All rights reserved. - Web Design By StepInto Internet Marketing
Telephone: 0207 193 9400