Affiliate Terms and Conditions
Affiliate terms and conditions
1. Agreement Commencement and Termination.
This Agreement comes into affect upon your acceptance as an Affiliate and shall remain in effect until terminated.
The Affiliate is entitled to terminate this Agreement with immediate effect at any time. The Affiliate must then cease to use the service immediately upon the termination of this Agreement and delete all links to the Website and, for the avoidance of doubt; the Affiliate shall not be entitled to receive any Commission on any Referrals made after the termination date.
FeedARead is entitled to terminate this Agreement and/or suspend the Affiliate from the Affiliate Programme at any time, giving reasonable notice where possible.
In the event of Affiliate fraud or suspected criminal activity FeedARead is entitled to terminate and/or suspend the Affiliate from their Program without any notice. Further, in the event of suspected fraud, payment to an Affiliate's account will be stopped and the Affiliate will be asked to provide additional information as to how they have been promoting the site to ascertain where any rules or program terms may have been broken. Failure to comply will result in monies being withheld and the Affiliate's account being terminated.
The Affiliate shall acquire no rights following the termination of this Agreement to use Intellectual Property Rights of FeedARead and its services including domain names or any text, or images, banners or any other works created by or paid for by FeedARead.
2. Affiliate Agreement General
This Affiliate Agreement ("Affiliate Agreement") contains the terms and conditions that govern your participation in the FeedARead Affiliate Programme (the “Programme”). “We”, “us”, “our” or “FeedARead” means FeedARead.com or any of its affiliate companies. “You” or “your” means the applicant. A “website” or “site” means a website.
By checking the box indicating that you agree to the terms and conditions of this affiliate agreement, or by continuing to participate in the programme following any posting of a change notice or revised agreement on the feedaread site and, in the case of changes to the contractual terms of this affiliate agreement, sending a notification to your email address then-currently associated with your programme account, you (a) agree to be bound by this affiliate agreement and the operational documentation; (b) acknowledge and agree that you have independently evaluated the desirability of participating in the programme and are not relying on any representation, guarantee, or statement other than as expressly set forth in this affiliate agreement; (c) hereby represent and warrant that you are lawfully able to enter into contracts (e.g., you are not a minor or otherwise legally prevented from contracting) and that you are and will remain in compliance with this affiliate agreement, including the associates programme participation requirements; and (d) agree to comply with the requirements set out in this agreement.
In addition, if this affiliate agreement is being agreed to by a company or other legal entity, then the person agreeing to this affiliate agreement on behalf of that company or entity hereby represents and warrants that he or she is authorized and lawfully able to bind that company or entity to this affiliate agreement.
3. Description of the Programme
The purpose of the Programme is to enable you to add authorised FeedARead Affiliate banner or text links from our affiliate page on FeedARead to your website so that you can earn affiliate referral fees for Qualifying Purchases made as a result of your end users clicking on the banner or links and joining FeedARead.com.
Qualifying Purchases are as follows:
• Distribution Packages - these are when you refer an author via a feedaread banner or text link from your site and they pay for the service for their book to appear on websites such as Amazon, Barnes and Noble and Waterstones.
• Distribution Sales - these are when you refer an author and copies of their books get sold on internet bookseller sites or ordered through the ordering services of the book stores that can order our books.
• FeedaRead.com Shop Sales - these are when you refer authors and copies of a referred author's book are purchased via the FeedaRead.com website shop.
In order to facilitate your advertisement of FeedARead, we may make available to you data, images, text, link formats, widgets, links and other linking tools, and other information in connection with the Programme (“Content”). Excluded Purchases are Author Discount book purchases in which authors buy copies of their own books, there are no affiliate fees paid for author discount purchases as the profit margin is small.
To begin the enrolment process, join FeedARead.com and click on the Affiliate button and then the join button. You must submit a complete and accurate Programme application. You must identify your site in your application as applicable. We will evaluate your application and notify you of its acceptance or if not accepted. We may not accept an application if we determine that a site is unsuitable. Unsuitable sites include those that:
(a) promote or contain sexually explicit materials;
(b) promote violence or contain violent materials;
(c) promote or contain libellous or defamatory materials;
(d) promote discrimination, or employ discriminatory practices, based on race, sex, religion, nationality, disability, sexual orientation, or age;
(e) promote or undertake illegal activities;
(f) include any trademark of FeedARead or its affiliates, or a variant or misspelling of a trademark of FeedARead or its affiliates, in any domain name – for example, a domain name such as "FeedAReadauctions.net", "FeedAReadPublish.info", or "FeedAReadpaperbackpublishing.co.uk" would be unsuitable;
(g) include any trademark of FeedARead or its affiliates in any username, group name, or other identifier on any social networking website – for example, a username such as “FeedARead Publishing,” or “FeedARead Japan” registered on a social networking site such as Twitter or Facebook would be unsuitable; or
(h) otherwise violate intellectual property rights.
You may advertise FeedARead Site in more than one place on your site using the banner and text links we make available to affiliates.
If we do not accept your application, you are welcome to reapply at any time. However, if we accept your application and we later determine that your site is unsuitable, we may terminate this Affiliate Agreement with reasonable notice, usually 7 days notice where possible, you accept the notice period is at our discretion.
You will ensure that the information in your Programme application and otherwise associated with your account, including your email address and other contact information and identification of your site, is at all times complete, accurate, and up-to-date. We may send notifications (if any), approvals (if any), and other communications relating to the Programme and this Affiliate Agreement to the email address then-currently associated with your Programme account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.
5. Links on Your Site
After you have been notified that you have been accepted into the Affiliate Programme for the FeedARead Site, you may display authorised Affiliate Links on your site. “Authorised Affiliate Links” are banners and links to the FeedARead Site which we make available to you after you have successfully enrolled in the Programme and that you place on your site in accordance with this Affiliate Agreement, that properly utilize the special “tagged” link formats we provide and that comply with this agreement. Affiliate Links permit accurate tracking, reporting, and accrual of your affiliate referral earnings. You agree and accept that if you do not add banner or text links correctly to your site and, as a result there is not accurate tracking and reporting of your referrals, that we will not be liable for affiliate referral payments that are not tracked or recorded as a result. You also accept that we will not be able to later add to your affiliate referrals or make any affiliate referral payments to you for any members that may have already joined during the period in which you had not added our banner or text links correctly to your site.
You may earn affiliate income only with respect to referrals through the Authorised Affiliate Links we make available.
6. Programme Requirements
By participating in the Programme, you agree that you will comply with the Affiliates Programme Participation Requirements and all pages, schedules, policies, guidelines, specifications, user manuals, and supporting materials that we make available to you, and any other documents and materials referenced in this Affiliate Agreement.
You will provide us with any information that we request to verify your compliance with this Affiliate Agreement. In addition to any other rights or remedies available to us, we may terminate this Affiliate Agreement, withhold (and you agree you are not eligible for) any affiliate fees payable to you under this Affiliate Agreement, or both, if we determine that you or other persons that we determine are affiliated with you or acting in concert with you (whether with respect to any existing or previously terminated Associates account):
• have not complied with any requirement or restriction described in the Affiliates Agreement or have otherwise violated this Affiliate Agreement or any Operational Documentation;
In addition, you hereby consent to us:
• sending you emails relating to the Programme from time to time;
• recording, using, and disclosing information about your site and visitors to your site that we obtain in connection with your display of Affiliate Links e.g., that a particular customer clicked through a Affiliate Link from your site before buying a Product on the FeedARead Site;
• crawling and otherwise investigating your site to verify compliance with this Affiliate Agreement or any Operational Documentation.
7. Responsibility for Your Site
You as the Affiliate will be solely responsible for your own site in respect of your display of Authorised Affiliate Links, including your own site’s development, operation, and maintenance and all materials that appear on or within it. The Affiliate is solely responsible for his/her website and all its contents and shall ensure that they conform at all times to all applicable laws and regulations.
The Affiliate shall not use his/her links with any website/service that is not registered with FeedARead or not notified to FeedARead. From time to time FeedARead may limit the use of their program to certain websites, if an Affiliate has only been approved for certain websites/services then the Affiliate must not use these links on un-approved websites/services.
Affiliates agree to comply and abide by any additional terms or restrictions added by FeedARead via the Affiliate Area. Updates or changes to these terms or restrictions will be notified by FeedARead via the Affiliate Area and/or in an email/newsletter.
The Affiliate will be solely responsible for:
• the technical operation of your site and all related equipment;
• displaying Authorised Affiliate Links and Content on your site in compliance with this Affiliate Agreement, and any agreement between you and any other person or entity (including any restrictions or requirements placed on you by any person or entity that hosts your site);
• creating and posting, and ensuring the accuracy, completeness, and appropriateness of, materials posted on your site (including all Product descriptions and other Product-related materials and any information you include within or associated with Authorised Affiliate Links);
• using the Content, your site, and the materials on or within your site in a manner that does not infringe, violate, or misappropriate any of our rights or those of any other person or entity (including copyrights, trademarks, privacy, publicity or other intellectual property or proprietary rights);
• any use that you make of the Content and the FeedARead banner and links, whether or not permitted under this Affiliate Agreement.
8. Order Processing
We will process Product orders placed by customers who follow Authorised Affiliate Links from your site to the FeedARead Site. We reserve the right to reject orders that do not comply with any requirements on the FeedARead Site, as they may be updated from time to time. We will track Qualifying Purchases (defined in Section 8) for reporting accrual purposes and will make available to you reports summarizing those Qualifying Purchases.
9. Affiliate Fees
We will pay you affiliate fees on Qualifying Purchases in accordance with Section 9 and the Associates Programme Advertising Fee Schedule. Subject to the exclusions set forth below, a “Qualifying Referral” occurs when (a) a customer clicks through an Authorised Affiliate Link on your site and joins the FeedARead Site; and (b) adds a Product to his or her shopping cart and places the order for that Product no later than 12 months following the customer’s initial click-through and joining via the Affiliate Link on your site. The maximum period that an affiliate can be paid for referred services is twelve months after the date the referred person first arrives via an affiliate link to the feedaread.com website. You accept that qualifying purchases including Distribution Packages, Distribution Sales and Feedaread.com Shop Sales are subject to a validation/pending period of 28 days before they are confirmed. After this pending period they are either confirmed, and your affiliate payout calculated based on the rate for the quantity to date, or cancelled/voided - which can happen if a refund is made to the author or cancelled through any other means such as duplicate payment. You accept that Feedaread.com's decision on what is cancelled/voided is final.
A “Session” begins when a customer clicks through a Affiliate Link on your site to join the FeedARead Site and ends upon the first to occur of the following: (1) 12 months elapses from that click; or (2) the customer follows a Affiliate Link to the FeedARead Site that is not your Affiliate Link and joins the FeedARead Site.
Qualifying Purchases exclude, and we will not pay affiliate fees on any of, the following:
• any Product that, after expiration of the applicable Session, is added to a customer’s Shopping Cart, even if the customer previously followed a Affiliate Link from your site to the FeedARead Site;
• any Product purchase that is not correctly tracked or reported because the links from your site to the relevant FeedARead Site are not properly formatted;
• any Product purchased through a Affiliate Link by you or on your behalf, including Products you purchase through Affiliate Links for yourself, friends, relatives, or associates (e.g., personal orders, orders for your own use, and orders placed by you for or on behalf of any other person or entity);
• any Product purchased for resale or commercial use of any kind;
• author discount purchases by authors of their own book
• any Product purchased after termination of this Affiliate Agreement;
• any Product order that is cancelled or returned by a customer;
• any Product order that is cancelled or refunded by us which can happen if a refund is made to an author or other customer or cancelled through any other means such as duplicate payment. You accept Feedaread.com's decision on what is cancelled/voided is final; and
• any Product purchased by a customer who is referred to the FeedARead Site through any of the following:
a. a Prohibited Paid Search Placement; or
b. a link to the FeedARead Site, including a Redirecting Link, that is generated or displayed on a Search Engine in response to a general Internet search query or keyword (i.e., in natural, free, organic, or unpaid search results), whether those links appear through your submission of data to that site or otherwise.
“Prohibited Paid Search Placement” means an advertisement that you purchased through bidding on keywords, search terms, or other identifiers (including Proprietary Terms) or other participation in keyword auctions. “Proprietary Term” means keywords, search terms, or other identifiers that include the word “FeedARead,” “or any other trademark of FeedARead or its or variations or misspellings of any of those words (e.g., “FeedAReads,” “FeadARead,” “FeedAReadbooks,” etc). “Redirecting Link” means a link that sends users indirectly to an FeedARead Site via an intermediate site or webpage and without requiring the user to click on a link or take some other affirmative action on that intermediate site or webpage. “Search Engine” means Google, Yahoo, Bing, or any other search engine, portal, sponsored advertising service, or other search or referral service, or any site that participates in any of their respective networks.
10. Affiliate Fee Payment
We will pay you affiliate fees on a monthly basis for Qualifying Purchases when you request a payment by clicking Request a Payment on your affiliate page on FeedARead , subject to any applicable withholding or deduction described below. Affiliate fees will be paid via your paypal email address in Pounds Sterling, Euros, Aus Dollars or US Dollars for Qualifying Purchases occurring on the FeedARead UK Site. We will pay you approximately 31 days from when you request a payment via your affiliate page using the payment method you choose from the following available options. You accept we will only make up to one payment a month. Until you have selected one of the payment methods below, we will not be able to issue payment to you and will withhold any unpaid accrued affiliate fees until you have done so. Payments will be made to you when the total amount due to you for Qualifying Purchases occurring on the FeedARead UK Site is, depending on your currency, at least £25 or €35 or $US39 or $AUS49 for Qualifying Purchases.
As above, you accept that qualifying purchases including Distribution Packages, Distribution Sales and Feedaread.com Shop Sales are subject to a validation/pending period of 28 days before they are confirmed. After this pending period they are either confirmed, and your affiliate payout calculated based on the rate for the quantity to date, or cancelled/voided - which can happen if a refund is made to the author or cancelled through any other means such as duplicate payment. You accept that Feedaread.com's decision on what is cancelled/voided is final.
We may be obliged by law to obtain tax information from you in certain cases. If we request tax information from you and you do not provide it to us, we may (in addition to any other rights or remedies available to us) withhold your affiliate fees until you provide this information or otherwise satisfy us that you are not a person from whom we are required to obtain tax information.
Any Affiliate outside of the United Kingdom to whom we pay regular or one off large sums of money may be asked to provide information in compliance with Money Laundering Regulations. Failure to comply will result in monies being withheld.
The Affiliate is responsible for the payment of all tax and national insurance payable on any payments made to him/her by the site. The Affiliate accepts that we cannot provide any tax, paperwork or other advice for current or past including, but not limited to, payment information and when payments were made beyond that which is included on the Affiliate’s dashboard reports when the Affiliate logs on to the site.
VAT If an Affiliate is registered for VAT then the site require that the Affiliate supply an invoice before payment will be made. This must be done online via our Affiliate area. All invoices must include full legal trading details including VAT number where appropriate. Nothing in this Agreement shall create or be deemed to create, a partnership or relationship of employer and employee between our site and the Affiliate.
FeedARead will provide the Affiliate with a detailed real time reporting system showing commission that is pending, approved or void which the affiliate agrees to view via their Affiliate Dashboard by logging in and clicking on Affiliate Programme and then Dashboard/Reports on the affiliate left hand menu.
The Affiliate agrees that the website can’t provide any further information beyond the Dashboard information on site. Authors or other website customers may possibly come to our site via one or more different Affiliate banners or links to FeedARead. When this occurs, you accept that the Affiliate who receives referral payments will only be the one where the customer clicked on their Affiliate website banner or link about our site and first joined our site.
11. Policies and Pricing
Customers who buy products through this Programme are our customers with respect to all activities they undertake in connection with the FeedARead Site. Accordingly, as between you and us, all pricing, terms of sale, rules, policies, and operating procedures concerning customer orders, customer service, and product sales set forth on the FeedARead Site will apply to those customers and we may change them at any time.
12. Identifying Yourself as an Affiliate
You will not issue any press release or make any other public communication with respect to this Affiliate Agreement, your use of the Content, or your participation in the Programme. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to any charity or other cause), or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Affiliate Agreement.
13. Artificial Traffic.
The Affiliate must not in any way generate or contribute to generating Artificial Traffic to FeedARead.
The Affiliate should not use any means of artificial traffic to gain sales commission, this includes the use of software or products that alter Affiliates link codes or intercept click through traffic from the affiliate to the FeedARead site.
The Affiliate may not use links to FeedARead in software programs without first submitting a full copy of the software for review by FeedARead’s Technical Department. If a program is accepted to promote FeedARead you must also notify FeedARead of any major changes to the way the program is used. Programs that may not be acceptable include any program that perform functions such as reporting back user activity, displaying adverts over or on sites that belong to competitors, and programs that interfere with other Affiliates websites in any fashion. If you are in any doubt please contact us so we may examine your program before you join if we deem it appropriate. Any Affiliates using programs to promote FeedARead should be aware that they could be removed without notice.
14. Affiliates Information e.g. email, performance statistics.
The Affiliate consents to the publication of the Affiliate's name and web address etc on the FeedARead website if we decide upon this and to FeedARead sending newsletters etc to the Affiliate's e-mail address and using the information given by the Affiliate for marketing purposes. The Affiliate confirms that in order to enable FeedARead to improve and/or to promote or market the service, FeedARead may produce statistics or summaries relating to the use of the service.
FeedARead may contact the Affiliate by email, telephone , post or other measures for feedback relating to the service including any ways in which it might be improved both for the Affiliate programme overall and for the individual Affiliate. The Affiliate agrees we may use any feedback given for promotional purposes including on our website and in all other media and press.
15. Limited Licence
Subject to the terms of this Affiliate Agreement and solely for the limited purposes of advertising Products on, and directing end users to, the FeedARead Site in connection with the Programme, we hereby grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free licence to (a) copy and display the Content solely on your site; and (b) use only those of our trademarks and logos that we may make available to you as part of Content (those trademarks and logos, collectively, “FeedARead Marks”) solely on your site.
FeedARead owns all copyrights, trademarks, intellectual property rights, know-how or any other rights connected to the service or software necessary for the service. The Affiliate does not acquire any rights or licences whatsoever under this Agreement other than to use links to our site(s) on the terms of this Agreement.
The licence set forth in this Section 15 will immediately and automatically terminate if at any time you do not timely comply with any obligation under this Affiliate Agreement or any operational documentation, or otherwise upon termination of this Affiliate Agreement. In addition, we may terminate the licence set forth in this Section 15 in whole or in part upon written notice to you. You will promptly remove from your site and delete or otherwise destroy all of the Content and FeedARead Marks with respect to which the licence set forth in this Section 15 is terminated or as we may otherwise request from time to time.
16. Reservation of Rights; Submissions
Other than the limited licences expressly set forth in Section 11, we reserve all right, title and interest (including all intellectual property and proprietary rights) in and to, and you do not, by virtue of this Affiliate Agreement or otherwise, acquire any ownership interest or rights in or to, the Programme, the Authorised Affiliate Links, link formats, Content, any domain name owned or operated by us or our affiliates, Operational Documentation, our and our affiliates’ trademarks and logos (including the FeedARead Marks), and any other intellectual property and technology that we provide or use in connection with the Programme (including any application program interfaces, software development kits, libraries, sample code, and related materials). You also do not acquire any ownership interest or rights in or to authors’ books, work, designs or any other author content. If you provide us or any of our affiliates with suggestions, reviews, modifications, data, images, text, or other information or content about a product or in connection with this Affiliate Agreement, any Content, or your participation in the Programme, or if you modify any Content in any way, (collectively, “Your Submission”), you hereby irrevocably assign to us all right, title, and interest in and to Your Submission and grant us (even if you have designated Your Submission as confidential) a paid-up royalty-free, nonexclusive, worldwide, irrevocable, freely transferable, perpetual (or if perpetual is not permitted, for the maximum duration of protection available, under applicable law) right and licence to: (a) use, reproduce, perform, display, and distribute Your Submission in any manner; (b) adapt, modify, re-format, and create derivative works of Your Submission for any purpose; (c) use and publish your name in the form of a credit in conjunction with Your Submission (however, we will not have any obligation to do so); and (d) sublicense the foregoing rights to any other person or entity. Additionally, you hereby warrant that: (e) Your Submission is your original work, or you obtained Your Submission in a lawful manner; and (f) our and our sublicensees’ exercise of rights under the licence above will not violate any person’s or entity’s rights, including any copyright rights. You agree to provide us such assistance as we may require to document, perfect, or maintain our rights in and to Your Submission.
17. Compliance with Laws
In connection with your participation in the Programme you will comply with all applicable laws, ordinances, rules, regulations, orders, licences, permits, judgments, decisions, guidelines, codes of practice, and other requirements of (a) any governmental authority that has jurisdiction over you or (b) any applicable regulatory or self-regulatory body, including laws that govern electronic marketing (e.g., laws and regulations made to comply with Directive 2002/58/EC (Privacy and Electronic Communications Directive) and Data Protection and privacy laws and regulation together with applicable advertising, marketing, and promotion regulations.
18. Term and Termination
The term of this Affiliate Agreement will begin upon our acceptance of your Programme application and will end when terminated by either you or us. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party at least 7 days’ written notice of termination where possible. We will give you days notice if we terminate your Affiliate Agreement, you accept this is at our discretion.
In addition, we may terminate this Affiliate Agreement immediately at any time upon written notice to you for Cause. “Cause” means any of the following: (a) you are in material breach of this Affiliate Agreement or you are in minor breach of this Affiliate Agreement but you do not remedy it within 7 days; (b) we believe that we may face potential claims or liability in connection with your participation in the Programme; (c) we believe that our brand or reputation may be tarnished by you or in connection with your participation in the Programme; (d) we believe that we are or may become subject to tax collection requirements in connection with this Affiliate Agreement or the activities performed by either party under this Affiliate Agreement; or (e) we have terminated the Programme as we generally make it available to participants. For the avoidance of doubt and without limitation for purposes of the foregoing subsection (a) any violation of Section 1 to 17 will be deemed a material breach of this Affiliate Agreement.
Upon any termination of this Affiliate Agreement, any and all licences you have the benefit of with respect to Content will automatically terminate and you will immediately stop using the Content and FeedARead Marks and Authorised Affiliate banners and links and promptly remove from your site and delete or otherwise destroy all links to the FeedARead Site, all FeedARead Marks, all other Content, and any other materials provided or made available by or on behalf of us to you under this Affiliate Agreement or otherwise in connection with the Programme. We may withhold accrued unpaid fees for a reasonable period of time following termination to ensure that the correct amount is paid (e.g., to account for any cancellations or returns). Upon any termination of this Affiliate Agreement, all licences, rights and obligations of the parties will be extinguished, except that the rights and obligations of the parties under Sections 3, 9, 10, 11, 16, 17, 18, 20, 21, 22, 23, 24 and 25, 26 and 27 all our intellectual propertry rights, together with any accrued but unpaid payment obligations of us under this Affiliate Agreement, will survive the termination of this Affiliate Agreement. Termination of this Affiliate Agreement will not affect the accrued rights, remedies, obligations or liabilities of the parties existing at termination.
We may modify any of the terms and conditions contained in this Affiliate Agreement at any time and from time to time in our sole discretion by, at least 7 days prior to the effective date of the modification, posting a change notice or revised agreement on the FeedARead Site and, in the case of changes to the contractual terms of the Affiliate Agreement, by sending a notification to the email address then-currently associated with your Programme account. Modifications may include, for example, changes to the Associates Programme Fee Schedule, payment procedures, and Programme requirements. You may during that 7-day period, as your sole recourse, notify us in writing of your objections to the modifications and, if you do so, your account will automatically terminate on the effective date of the modification to which you objected.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AFFILIATE AGREEMENT BY EMAIL. YOUR CONTINUED PARTICIPATION IN THE PROGRAMME FOLLOWING THE EFFECTIVE DATE OF THE MODIFICATION WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE MODIFICATION.
20. Relationship of Parties
You and we are independent contractors, and nothing in this Affiliate Agreement or the Operational Documentation will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us or our respective affiliates. You will have no authority to make or accept any offers or representations on our or our affiliates’ behalf. You will not make any statement, whether on your site or otherwise, that contradicts or may contradict anything in this section. If you authorize, assist, encourage, or facilitate another person or entity to take any action related to the subject matter of this Affiliate Agreement, you will be deemed to have taken the action yourself.
The Affiliate shall keep FeedARead indemnified against any claims for damages or other claims for compensation arising from the contents of the Affiliate's website or any incorrect information given to FeedARead by the Affiliate. The Affiliate shall also compensate FeedARead lts for any other damages or costs caused by the Affiliate's improper, negligent or unauthorised use of the FeedARead service and technical problems or loss of data caused by the Affiliate on FeedARead’s website or on any website to which the Affiliate is linked by FeedARead.
WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA) ARISING IN CONNECTION WITH THIS AFFILIATE AGREEMENT, THE PROGRAMME, OPERATIONAL DOCUMENTATION, THE FEEDAREAD SITE, OR THE SERVICE OFFERINGS (DEFINED BELOW), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING IN CONNECTION WITH THIS AFFILIATE AGREEMENT, THE PROGRAMME, THE FEEDAREAD SITE, AND THE SERVICE OFFERINGS WILL NOT EXCEED THE TOTAL AFFILIATE FEES DUE TO YOU UNDER THIS AFFILIATE AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED.
NOTHING IN THIS AFFILIATE AGREEMENT (INCLUDING THE PREVIOUS PARAGRAPH) WILL OPERATE TO EXCLUDE: (I) LIABILITY FOR DEATH OR PERSONAL INJURY ARISING AS A RESULT OF THE NEGLIGENCE OF EITHER PARTY, ITS EMPLOYEES, AGENTS OR AUTHORISED REPRESENTATIVES, (II) EITHER PARTY’S CONTRACTUAL LIABILITY FOR GROSS NEGLIGENCE OR WILFUL MISCONDUCT, OR (III) ANY LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAW.
FeedARead shall not be liable to the Affiliate for defects in the service, interruptions in the accessibility to the service, infringements on data or loss of data on the information handling system, defects in the security system or viruses or other harmful software components, loss of profits, contracts, loss of reputation, loss caused by any third party deleting, removing, deactivating or tampering with the Affiliate Tracking Service or other indirect or consequential loss whether arising from negligence, breach of contract or whatsoever.
FeedARead cannot guarantee or warrant the performance of FeedARead service or the links to any linked websites. FeedARead shall not be liable for any error in the implementation of the links on the Affiliate's website or for the specified function of the links.
FeedARead TOTAL LIABILITY TO THE AFFILIATE INCLUDING IN CONTRACT AND TORT (INCLUDING THE TORT OF NEGLIGENCE) SHALL NOT EXCEED £10.
THE PROGRAMME, THE FEEDAREAD SITE, ANY PRODUCTS AND SERVICES OFFERED ON THE FEEDAREAD SITE, ANY AFFILIATE LINKS, LINK FORMATS, OPERATIONAL DOCUMENTATION, CONTENT, FEEDAREAD DOMAIN NAMES, OUR AND OUR AFFILIATES’ TRADEMARKS, DOMAIN NAMES AND LOGOS (INCLUDING THE FEEDAREAD MARKS), AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THE PROGRAMME (COLLECTIVELY THE "SERVICE OFFERINGS") ARE PROVIDED "AS IS."
NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICE OFFERINGS.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE.
WE MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO TIME. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS.
NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR SITE OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT.
NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE PROGRAMME, CONTENT, OPERATIONAL DOCUMENTATION, THE FEEDAREAD SITE, OR THE AFFILIATE-PROGRAMME PAGES OF THE FEEDAREAD SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AFFILIATE AGREEMENT.
FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (A) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (B) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AFFILIATE AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAMME, OR (C) ANY TERMINATION OF THIS AFFILIATE AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAMME.
The laws of the United Kingdom, without regard to principles of conflicts of laws, will govern this Affiliate Agreement and any dispute of any sort that might arise between you and us. You hereby irrevocably submit to the non-exclusive jurisdiction of the Courts of the United Kingdom. Notwithstanding anything to the contrary in this Affiliate Agreement, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our or any other person or entity’s intellectual property or proprietary rights.
24. Self Service Programme
The Affiliate Programme is a self service one and you accept by this agreement if you choose to proceed and agree to it that as your participation in the program is self-service, and that there is not a support service or response service provided by us to you in respect of your participation in the affiliate program including by email, phone or other communication methods to any queries you may have, and that all the information we have available on the affiliate programme and now to participate is listed on the Affiliate Program pages on the FeedARead.com site. If you do not agree to this or any of the other Affiliate Programme terms then you should not use the service as you are bound by the agreement if you choose by your own decision to agree to it and participate.
25. Legal Age.
The Affiliate confirms to FeedARead that the Affiliate is not a private individual less than 18 years of age. If you are under 18 years old and would like to become an affiliate, you must get a parent or guardian to sign-up on your behalf.
You acknowledge and agree that we and our affiliates may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Affiliate Agreement or operate sites that are similar to or compete with your site. You may not assign this Affiliate Agreement, by operation of law or otherwise, without our express prior written approval. We may assign it to any of our affiliates or another party who undertakes to abide by our covenants and obligations given here. Subject to that restriction, this Affiliate Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
You acknowledge that you have read and that you agree to the terms of our Privacy Notice, which can be found here for the FeedARead Site. Unless you have otherwise notified us in accordance with the procedures described in our Privacy Notice, you hereby authorise us to process any personal data we obtain in connection with this Affiliate Agreement and the Programme in compliance with applicable law on data protection and in accordance with our Privacy Notice. The information provided in connection with the Programme is used solely by us and our affiliates. However, it may be passed on to our or our affiliates’ suppliers and service providers for the direct and associated requirements of the performance of this Affiliate Agreement.
Our failure to enforce your strict performance of any provision of this Affiliate Agreement or the Operational Documentation will not constitute a waiver of our right to subsequently enforce this provision or any other provision of this Affiliate Agreement. In the event of any conflict between this Affiliate Agreement and the Operational Documentation, and the Excluded Products information you accept to abide by whichever information listed within these we consider has precedence and state as correct. Whenever used in this Affiliate Agreement, the terms “include(s),” “including,” “e.g.,” and “for example” mean, respectively, “include(s), without limitation,” “including, without limitation,” “e.g., without limitation,” and “for example, without limitation.” Any determinations or updates that may be made by us, any actions that may be taken by us, and any approvals that may be given by us under this Affiliate Agreement, may be made, taken, or given in our sole discretion.
27. Applicable Law.
You agree FeedARead shall not be liable for the legality of the FeedARead service/Affiliate Service in countries other than the United Kingdom. The Affiliate is solely responsible for the legality of the use of the service if the Affiliate is registered to the FeedARead service/Affiliate Service from a country other than the United Kingdom or if the Affiliate's website is on a server in a country other than the United Kingdom.
This Agreement is subject to the laws of the United Kingdom and shall be subject to the non-exclusive jurisdiction of the English courts.
If any dispute arises out of this Agreement the Parties will attempt to settle it by a mediation procedure as the parties may agree in writing.