Anne McHale Master of Wine’s Affiliate Programme Terms & Conditions
This Agreement provides the terms and conditions of the relationship between:
Anne McHale Master of Wine (The Company)
The Parties agree as follows:
It is understood that the Affiliate will introduce Company products and services to their current and prospective customers and will comply with all laws, including those that govern email marketing and anti-spam laws.
The Affiliate will be fully responsible for any costs related to maintaining or marketing the Affiliate Programme, including but not limited to costs associated with creation, hosting, modification, or improvements to the Affiliate’s website; cost of internet marketing; offline marketing costs; postage; and all other costs and expenses.
The Company reserves the right to accept or reject any prospective customers. It will pay the Affiliate a commission per customer referred using an affiliate code and according to a designated payment schedule.
NATURE OF RESPONSIBILITIES
The Affiliate shall coordinate with the Company to carry out successfully the marketing, publicising, and promotion of the Company’s products or services.
Any Affiliate Programme may be amended or terminated at any time. Information about the Affiliate Programme will be available on the company website. Accordingly, the Affiliate must keep themselves informed of any amendments of Affiliate Programmes, particularly if a registered website has terminated its Affiliate Programme or changed the conditions for remuneration to Affiliates.
TERMS OF THE AGREEMENT
The term of this Agreement will begin upon the Company’s acceptance of the Affiliate’s application, or upon the registration of the Affiliate by the Company.
The Affiliate is only eligible to earn commission fees on qualified purchases occurring during the term, and commission fees earned will remain payable only if the orders for the related products and services are not cancelled and comply with all terms laid out in this Agreement.
The Company may withhold your final payment of commission fees for a reasonable time to ensure that all qualified purchases are valid and payments from referred company in its sole discretion.
Any Affiliate who violates either this Agreement or the Company’s Terms and Conditions will immediately forfeit their right to all accrued commission fees and be removed from the Company Affiliate Programme.
Without limitation, the Affiliate’s participation in the Programme and this agreement shall be deemed automatically terminated immediately and all commissions forfeited upon the Affiliate’s violation of any of the terms of this Agreement or any applicable law or regulation having the force of law.
The Affiliate promises and agrees to hold any confidential information in strict confidence and trust for the sole benefit of the Company, both during the term of this Agreement and at all times thereafter, and shall not use such confidential information for any purpose, whether or not for consideration, business or personal, other than as may be reasonably necessary for the performance of its duties according to this Agreement, without the Company’s prior written consent.
The Affiliate shall not disclose any confidential information to any person or entity, other than to such of its employees or consultants as may be reasonably necessary for purposes of performing its duties hereunder and have executed agreements of confidentiality no less protective than this Agreement without the Company’s prior written consent.
The Affiliate’s obligations include taking all actions necessary to ensure that any affiliates, employees, contractors, or agents abide by the terms of this section in their entirety.
Confidential information does not include information that
a) is or becomes publicly known through lawful means;
b) was rightfully in the provider’s possession or part of the Affiliate’s general knowledge before the effective date of this Agreement; or
c) is disclosed to the Affiliate without confidential restriction by a third party who rightfully possesses the information (without confidential restriction) and did not learn of it, directly or indirectly, from the Company.
The Affiliate hereby agrees to indemnify and hold harmless the Company, its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on:
- Any claim that our use of the Affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary rights of any third party.
- Any claim related to the Affiliate’s site, including, without limitation, its development, operation, maintenance, and content therein not attributable to the Company.
- Any misrepresentation of a representation or warranty or breach of a covenant and agreement made by the Affiliate herein.
The Company may modify any of the terms and conditions in this Agreement at any time at their sole discretion. In such an event, the Company will notify the Affiliate by email. Modifications may include but are not limited to changes in the payment procedures and Company Affiliate Programme rules.
If any modification is unacceptable to the Affiliate, their only option is to end this Agreement. Continued participation in the Company Affiliate Programme following the notification of change or new Agreement posting on our site will indicate your agreement to the changes.
The Company makes no representations or warranties regarding potential income that may result from the Affiliate Programme. Commissions will be paid to the Affiliate based on customers who access the Company website through the Affiliate’s site or unique Affiliate link.
Commissions will be based on gross sales price, not including any sales tax, shipping, special service fees (such as gift wrapping), late charges, collection costs, and any other payment made to the Company that is not the purchase price of the product.
The percentage paid as commission is outlined in your initial agreement with Anne McHale Master of Wine.
Payments are made automatically on the (insert day) day of each month OR when the Affiliate’s account balance reaches $(insert amount) or more for the previous months’ transactions. The Affiliate understands that the Company may change the payout amount at any time.
The Affiliate is responsible for determining if the payout for a link they placed on their site has changed or been discontinued. The Company reserves the right to deduct the costs for any products that are returned or refunded in the subsequent months, attributable to credit card fraud or bad debt write-off, or for any other reason if the previous commission was overpaid.
Payment plans defaulted upon by customers will not earn commission fees if and until the payment plan is successfully re-instated by that customer.
If any provision of this Agreement or part thereof should to any extent be or become invalid or unenforceable, the parties shall agree upon any necessary amendment of the Agreement to achieve the interests and objectives of the parties prevailing at the time of execution of the Agreement.
TERMINATION OF AGREEMENT
Either the Affiliate or the Company may terminate the Affiliate relationship at any time. The Affiliate is only eligible to earn Affiliate payments during their time as an approved Affiliate. The Company may change the Programme or service policies and operating procedures at any time.
This Agreement sets forth the entire agreement and understanding between the Affiliate and the Company relating to the subject matter hereof and thereof and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between the Affiliate and the Company, written or oral, to the extent they relate in any way to the subject matter hereof.