We
grant you a non-exclusive, revocable right to use our present banners
and other such images for which we grant express permission, for
the purpose of identifying your site as a program participant and
linking to our site. You may not modify the banners text, or any
of our images in any way without our express permission.
We
reserve all of our rights to our trade names and trademarks and
all other intellectual property rights.SPAM (unsolicited email)We
will not tolerate the sending of unsolicited bulk emails which
promote, or make reference to Phoenix Overseas Properties Ltd,
or any of its associated companies, Partners, or employees.
Other prohibited forms of advertising include postings to non-commercial
newsgroups and cross posting to multiple newsgroups at once.
In addition, Affiliates may not advertise in any way that effectively
conceals or misrepresents their identity, their domain name or
their return email address.
Any
Affiliate who, in our opinion, breaches this ruling will have their
Affiliate status cancelled immediately and any and all outstanding
commissions WILL BE FORFEITED. Stay
Safe, Don't SPAM.We
will NOT revoke affiliate status to avoid payment of owed or future
commissions.
UNPROFESSIONAL
CONDUCT
Phoenix Overseas Properties Ltd and its associated companies operate
with the strictest codes of professional conduct. Any Affiliate
who brings Phoenix or its associates into disrepute, or who promotes
any form of slander, racism, or unfair business practices, will
have their Affiliate status cancelled and any outstanding commissions
WILL be forfeited.
We
reserve the right to reject any affiliate application if in our
opinion, that person or company violates established laws or commonly
held standards of decency. An
affiliate who ignores warnings to cease and desist any activities
we deem negligent, inappropriate, or harmful to Phoenix and or other
affiliates will be terminated.
ORDER
PROCESSING
We
will be solely responsible for processing every order for our properties
and products. Customers will use our online ordering process. Order
forms, payment processing, shipping, cancellations, returns, and
related customer service are our responsibility.
All
of our rules, operating procedures and policies regarding customer
orders and accounts will apply to orders we receive through special
links on your site. We reserve the right to reject any order that
does not comply with our rules, operating procedures and policies.
Every
customer who buys a property or product through this program is
deemed to be a customer of ours. You do not have the authority to
make or accept any offer on our behalf.
All our policies regarding customer orders, including product availability,
pricing and problem resolution, will apply to these customers. We
are not responsible for any representations made by you, which contradict
our policies. (See "Policies/Contact" link at bottom)
**
You CAN purchase our properties / products for your OWN PERSONAL
USE through YOUR affiliate link! (This, in effect, can save you
a substantial amount of money!)
TRACKING
OF SALES
We
will be solely responsible for tracking sales we make to customers
who follow links from your website.
We use AffiliateShop.Statements of your sales activity will be available
to you in "real-time" with a special URL that we assign
to you.Accessible
24 hours per day and 7 days per week. You may access these stats
via a password and username we assign.
Only
you and Phoenix-Overseas Properties Ltd may access your stats
and affiliate information
LINKS
We
will provide you with a unique identifying URL for you to link
to. Each sale or referral that is generated from this URL will
be attributed to you.
You
will have access to your own private section to check your stats
in Real Time. Your links to the unique URL can be text links or
banner links, or a combination of the two, at your sole discretion.
If you choose banner links, you must use our banners.
We will provide you with a URL of all our banners, from which you
can freely choose. You may add as many links to Phoenix, or remove
such links, at anytime and without prior approval from us.**
Inactive affiliates will be removed from participation in the Program.
Inactive means little or no "click-throughs" via your
banner/text links, as monitored via our affiliate program administrative
panel, for a period of one hundred and twenty (120) days. And /or,
non-placement of affiliate banners / text ads. We will contact you
after thirty (30) days of "inactivity".
Efforts will be made to help and encourage your participation in
the Program.We will provide you with instructions on how to properly
format the links. You are responsible for ensuring the links are
formatted correctly. This will ensure accurate tracking of sales
for credit to your account.
Every effort will be made to ensure that our site is functional
and available for customers referred to our site through your "affiliate
link". We have NO responsibilities with regard to your site.
Phoenix shall have no liability for any indirect, incidental, special
or consequential damages or any loss of revenue or profits arising
under or with respect to this agreement or the program.
In addition, Phoenix's aggregate liability arising under or with
respect to this agreement or the program shall in no event exceed
total referral fees paid or payable to the affiliate under this
agreement.
COMMISSION
AND PAYMENT
We
will pay you 1.5% of any and all purchases of properties made by
a customer referred by your "affiliate link" through our
banners or text links (Not including any applicable sales tax and
shipping charge).
Payment will be made in the form of a bank check from us, Phoenix
Overseas Properties Ltd (Phoenix), paid in £ sterling.
Cheques/checks will be mailed within fourteen days of the first
of the month after the client has paid 40% of the purchase price
of his/her property.
For example, commissions for sales made during May, will be sent
out on or before the 10th of June. We are not responsible for paying
interest to Affiliates for accrued but not yet delivered Commission
payments.
Payment
will be made out to you and mailed, via the UK Royal mail, to the
address you provide at sign-up. (You will be able to modify your
address and contact info via your private affiliate area)Any
"refunds" to a customer, referred through your "affiliate
link", will be deducted from your "credited" commission/s.
(The majority of customers gladly accept replacement of products.)
Charge backs (None to date!), if any, will be deducted from your
"credited" commissions.
TERM OF THE AGREEMENT
The
term of this agreement will begin upon our acceptance of your affiliate
program application and your placement of our banner or textual
link on your site and will end when terminated by either party.
Either you or we may terminate this agreement at any time, by giving
the other party written notice of termination. This will be in the
form of "email". You can only earn referral fees on sales
occurring during the term. We will never withhold any payment due.
Payment of monies owed you will be payable on the same schedule
as stated above for commission payment. Upon termination of this
agreement, the former Affiliate must remove all Affiliate links
and graphics from its web site, and refrain from publishing same
in any manner whatsoever.
INCOME
TAX LIABILITY
You
must understand and agree that you are acting as an independent
contractor and as such will be responsible for your own Income Taxes,
National insurance and any other tax or liabilities that affect
the sales of our products in your Country/State.
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 new agreement
on our site. Any modifications will ALSO be notified, by email,
to all participating affiliates.
If any modification is unacceptable to you, you may terminate this
agreement. Your continued participation in the program following
notification of our new program will constitute binding acceptance
of the change.
RELATIONSHIP
OF PARTIES
You
and We are independent contractors, and nothing in this Agreement
will create any partnership, joint venture, agency, franchise, sales
representative or employment relationship between the parties.
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 otherwise, that reasonably would contradict anything written
here.
CONFLICTS
AND DISPUTES
As
with any program, a conflict or dispute may occasionally arise due
to tracking, orders, commission calculation, performance issues
and appeals regarding "termination for cause".
Below is outlined who to contact and how to handle any such situation.If
a concern should arise, send an email stating your full name, your
affiliate ID, and your address and state the specifics of your concern.
Include any dates or numbers that apply. We will investigate immediately
and will reply as soon as possible.Though we will be more than willing
to settle the dispute in as fair a manner as possible we realize
this situation may arise. In
this case we will be open to mediation or arbitration to settle
the matter.We have NOT pre-selected a mediator or arbitrator. Should
one be needed we will select a non-biased, third party moderator.
CONTACT
INFORMATION
PRIVACY POLICY
We
ONLY use the information you submit to maintain your account. That
is, to make your commission payments and to communicate changes
in OUR product offerings.
We will NOT email you with any other company's products... period!
We
WILL notify you of new banners and or text links to facilitate promotion
of Phoenix.
We
Do Sell, Rent or otherwise make your personal information available
to anyone!
This
concludes the agreement. Thank you for taking the time to read it
carefully. We look forward to working with you,our Valued Affiliates!
By signing up for our Program, you are in effect, agreeing to the
above "affiliate agreement".
