Application Process
In order to participate in the Anobyte Affiliate Scheme, you must complete and submit the Affiliate Scheme Application form available on the Anobyte Web Site. We will evaluate the Application and you will be notified whether your Application has been accepted or rejected. We may accept or reject your Application in the exercise of our sole discretion for any reason.
Establishment of Links
You will be given access to Anobyte graphic and textual links which you will display on your Web Site. The Link will serve to establish a hypertext link from your Web Site to the appropriate Anobyte Web Site.
To permit accurate tracking, reporting and payment of commissions hereunder, you will be given access to special "tagged" Link formats to be used in all Links between your Web Site and the Anobyte Web Site. You must ensure that each of the Links between your Web Site and the Anobyte Web Site properly use such special link formats ("Special Links"). You will only earn commissions with respect to activity on the Anobyte Web Site occurring directly through use of Special Links once you have been accepted to participate in the Affiliate Scheme
You are responsible for the accuracy and appropriateness of all materials posted on your Web Site, and for ensuring that materials posted on your Web Site do not include materials that are unlawful, harmful, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable, or include or promote sexually explicit or "adult" materials, violence or discrimination.
Limited License
Subject to the terms and conditions of this Agreement, Anobyte hereby grants to you, for the term of this Agreement, a non-exclusive, non-transferable, revocable license to display the Licensed Marks solely in connection with providing a link from your Web Site to the Anobyte Web Site. You may not modify the Licensed Marks or Links in any way, and must follow any Anobyte instructions regarding their use, appearance and display.
Anobyte shall have the right to demand the withdrawal of the Licensed Marks from your Web Site if, in Anobyte's sole opinion, your Web Site conflicts with, interferes with, or is detrimental to Anobyte's interests, reputation, business, practices, procedures or policies, or which might subject Anobyte to unfavorable regulatory action, violate any law, infringe the rights of any person, or subject Anobyte to liability for any reason. Upon written notice from Anobyte to withdraw the Licensed Marks, you shall cease using the Licensed Marks on your Web Site as soon as possible, but in any event within three (3) days of the date of receipt of Anobyte's notice.
Account Processing
Anobyte will process all orders placed by customers who follow Special Links from your Web Site to the Anobyte Web Site. All such customers will subsequently be customers of Anobyte ("Customers"). Anobyte reserves the right to reject orders that do not comply with any requirements that Anobyte may establish from time to time. Anobyte will be responsible for all aspects of order processing and fulfillment.
You acknowledge that you shall not be a party to any transaction between any Customer and Anobyte and all aspects of such orders including, but not limited to, purchase terms, payment terms, warranties, and guarantees shall be solely between the Customer and Anobyte.
Commissions
Only products and services: (i) sold by Anobyte; (ii) purchased or licensed by Customers linking to the Anobyte Web Site from your Web Site using a Special Link; and (iii) for which Anobyte has received full payment ("Qualifying Purchase"), will qualify you for a commission. You understand and agree that Anobyte products and services may be available for a money back guarantee period of up to 90 days and that no Commission will be paid to you until the completion of such a period. Commission Payments earned through the date of termination of this Agreement will remain payable only if the purchased products or services are not returned or cancelled by the Customer and will be net of all taxes, credit card processing fees, returns, charge backs, and other similar charges. The commission percentage shall be notified to you by Anobyte and may be changed from time to time by Anobyte.
You can opt to receive automatic Commission report Emails at any time by notifying Anobyte or by filling in the appropriate Email address in the Affiliate Application Form.
You will receive Commission Payments for Qualifying Purchases placed during the term of this Agreement which will be paid at monthly intervals subject to a minimum payment of £20 (pounds Sterling). If your commission is less than £20 then this will be carried forward to the next month. Note that, to avoid abuse of the Anobyte Affiliate Scheme, a number of qualifying sales may have to be made before commissions become payable on subsequent sales. The number of qualifying sales required will be notified to you by Email.
You expressly understand and agree that no Commission Payments will be due from Anobyte to you for any orders placed by Customers after this Agreement has been terminated.
Term and Termination
The term of this Agreement will begin on Anobyte's acceptance of your Affiliate Scheme Application and will end immediately upon termination by either party. Either Anobyte or you may terminate this Agreement at any time, with or without cause and without liability, by giving the other party notice of termination. Notices transmitted via email shall be effective notice hereunder. Upon termination of this Agreement for any reason, you will remove the Licensed Marks, Links, and all other Anobyte trademarks, trade dress, logos and other material provided to you by Anobyte from your Web Site and any and all servers in your possession or control as soon as technically feasible, but in no event shall the Licensed Marks remain on your Web Site more than three (3) days after such termination.
Limitation of Liability
Anobyte will not be liable for any delay in accessing and/or inability to access the Anobyte Web Site whether due to an act of God, action by any government entity, strike, network difficulty, electronic malfunction, or any other reason, or any reliability or effectiveness related to the Anobyte Web Site. Anobyte makes no warranty or representation that the operation of the Anobyte Web Site will be uninterrupted or error-free, and Anobyte will in no event be liable for the consequences of any interruptions or errors.
ANOBYTE PROVIDES THE ANOBYTE WEB SITE AND ALL INFORMATION AND SERVICES AVAILABLE THEREIN "AS IS" AND MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS REGARDING ANOBYTE OR ANY SERVICES OR INFORMATION PROVIDED BY ANOBYTE. ANOBYTE DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NON-INFRINGEMENT. ANOBYTE SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING: (i) THE NUMBER OF PERSONS OR ENTITIES THAT WILL ACCESS OR "CLICK THROUGH" TO THE ANOBYTE WEB SITE FROM YOUR WEB SITE; (ii) ANY BENEFIT THAT YOU MIGHT OBTAIN FROM INCLUDING THE LICENSED MARK(S) ON YOUR WEB SITE; OR (iii) THE AMOUNT OR VOLUME OF COMMISSIONS THAT YOU MIGHT EXPECT TO RECEIVE OR ACTUALLY RECEIVE PURSUANT TO THIS AGREEMENT.
IN NO EVENT WILL ANOBYTE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES OR FOR COMMERCIAL LOSSES, LOST PROFITS, OR REVENUES FROM ANY CAUSE, WHETHER BASED IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR OTHER LEGAL OR EQUITABLE THEORY AND WHETHER OR NOT ANOBYTE HAS BEEN ADVISED OF THE POSSIBILITY OR CERTAINTY OF SUCH DAMAGES OR LOSSES. YOU AGREE THAT THE TOTAL LIABILITY OF ANOBYTE HEREUNDER WITH RESPECT TO ANY CLAIM SHALL NOT EXCEED THE COMMISSIONS PAID BY ANOBYTE TO YOU HEREUNDER.
You represent and warrant that you will make no promises, representations or warranties, whether written or oral, with regard to Anobyte or the services provided by Anobyte, beyond those provided by Anobyte in writing. You will indemnify and hold Anobyte harmless from all damages, claims and liabilities (including attorneys' fees and costs) resulting from a breach of the foregoing representation and warranty.
Modifications
Anobyte may modify in its sole discretion any of the terms and conditions contained in this Agreement at any time at its sole discretion by posting a change notice or a new Agreement on the Anobyte Web Site. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Scheme following the posting of a change notice on the Anobyte Web Site will constitute binding acceptance of the change.
General Provisions
No claim or other action arising out of this Agreement, regardless of the form of action, may be brought by either party more than one (1) year after the cause of action accrued.
You agree to indemnify, defend and hold Anobyte harmless from and against any and all liability, claims, losses, damages, injuries or expenses (including attorneys' fees and costs) relating to the development, operation, maintenance and contents of your Web Site.
Neither party shall be responsible for delay or failure in performance resulting from acts beyond its control. Such acts shall include, but not be limited to: an act of God; an act of war; riot; an epidemic, fire, flood or other disaster; an act of government; or a strike or lockout.
You may not assign this Agreement or any of the rights or liabilities hereunder, without the written consent of Anobyte.
This Agreement shall be governed by and construed in accordance with the laws of Scotland, without regard to provisions governing choice-of-law. Exclusive jurisdiction and venue for all actions hereunder shall be in Scotland, and the parties hereto consent to such exclusive jurisdiction and venue.
This Agreement contains the entire agreement between the parties and there are no understandings or agreements relative hereto other than those which are expressed therein.
The parties to this Agreement are independent contractors. There is no relationship of partnership, joint venture, employment, franchise or agency between the parties. Neither party shall have the power or authority to bind the other or incur obligations on the other's behalf without the other's prior written consent.
