Affiliate Terms & Conditions:
This agreement is by and between N & C Robins and/or their assigns and all affiliates. Unless the context requires otherwise N & C Robins and/or their assigns shall be referred to as “us, “we”, or “our” and you shall be referred to as “you”, “your” or “affiliate.”
You understand that N & C Robins and/or their assigns does not guarantee or predict any type of profit or response from said services. You agree to hold N & C Robins harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which N & C Robins and/or their assigns may become subject arising out of or relating in any way to the use of the services or products described under this agreement, including, without limitation, in each case attorneys’ fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.
Affiliates agree and warrant that you will comply with all local, state and federal laws (including, but not limited to, the “CAN-SPAM” Act, effective January 1, 2004) regarding the sending of e-mails.
1. Joining the Program
By filling out the signup form you will automatically become an Affiliate and are bound by the terms of this agreement. Your participation in the program is solely for this purpose:
To legally advertise our individual products to receive a commission on products purchased by your referral individuals. We agree to pay you certain commissions as described in our Affiliate Management program for referral sales made.
2. Notification of Account Changes.
You agree to provide us with such other information relating to your operating as an Affiliate of various websites products of N & C Robins as we deem necessary or desirable. You agree to notify us if your names, address, email address, telephone number or payment/billing information changes.
All notices, requests, demands, and other communications under this agreement shall be in writing via electronic mail and shall be deemed to have been given on the date of delivery.
4. Payment Schedule
Eligible payments – all affiliate commissions due for orders generated as a result of affiliate links sending visitors to our sites will be paid to your PayPal account during the first week of the month for sales generated during the preceeding month according to the terms and conditions of this document. Should any of those sales result in a return or cancelled order after payment has been remitted, then the commission already paid for that sale will be debited to your account during the following or appropriate month.
5. Revocation of Affiliate Status
Your affiliate application and status in the program may be suspended or terminated for any of the following reasons:
Incorrect personal details provided
Inappropriate advertisements (False claims, misleading hyperlinks)
Spamming (mass email, mass newsgroup posting, etc…)
Advertising on sites containing/promoting illegal activities
Violation of intellectual property rights.
6. Affiliate Links
You may use graphic and text links both on your Web Site or your blog or your social bookmarking sites and in emails. The individual sites may also be advertised “offline” in classified ads, magazines, and newspapers. You may use the graphics and text provided to you by us, or you may create your own as long as they are approved by us before use.
7. Affiliate Tracking
When a web surfer clicks through your Affiliate link, a cookie is set in their browser that contains your affiliate username. Also, their IP address is tracked in the database along with your affiliate name. When this person decides to buy a product, the script will look for this cookie and/or try to match their IP address to identify the affiliate who will be awarded the commission. Visitors sent through your affiliate link may make a purchase later in time and the commission will still be awarded if the cookie is present in their browser and/or are using the same IP address as the one logged in the database.
8. Terms of the agreement
In addition to the other provisions herein, you agree to:
a) use our affiliate program and promote our products in a manner that is ethical and in conformity with community standards.
b) respect the privacy of other affiliates (you shall not intentionally seek data or passwords belonging to other affiliates, nor will you modify files or represent yourself as another affiliate.
c) respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property.
d) accept commercial emails from us.
These terms will begin upon your signup with the Affiliate program and will end when your Affiliate account is terminated. The terms of this agreement may be modified by us at any time. If any modification to the terms is unacceptable to you, your only choice is to terminate your affiliate account. Your continuing participation in the program will constitute your acceptance of any change.
9. Change of Terms and Conditions.
We reserve the right to change the terms and conditions of this agreement as needed. Continued promotion of our products after said changes constitutes acceptance of those new terms and conditions. If you do not agree to the new terms and conditions, you may terminate this agreement.
10. Termination. We may terminate your account:
a) if you violate our Terms Of Service Policy.
b) if you promote N & C Robins products in a manner that is unethical or inappropriate.
c) for any reason, in our sole discretion.
If we learn of a violation or likely violation of our TERMS OF SERVICE, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately.
Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances.
11. No Warranties.
WE MAKE NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE N & C Robins , ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. We expressly disclaim any implied warranty of merchantability or fitness of our products for a particular purpose. We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, by not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for your lost profits or for your loss of data or information. If notwithstanding this clause we are held liable to you.
We will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, and any results of “intents of harm” to the program or our website.
We do not make any expressed or implied warranties with respect to the Affiliate program and/or products sold by N & C Robins. We make no claim that the operation of the affiliate program and our website will be error-free and we will not be liable for any interruptions or errors.
Affiliates shall indemnify and hold N & C Robins harmless from any and all legal actions, damages or liabilities incurred from the day-to-day operations of the Affiliate. Under no circumstances will N & C Robins be liable whether in tort, contract or otherwise for indirect, incidental, consequential, special or exemplary damages (including but not limited to damages for any loss of revenue, profits, business interruption, loss of business information or data, loss of goodwill, work stoppage, hardware or software failure, or other pecuniary loss) arising from or relating to any provision of this Agreement or the program. Without limiting the foregoing N & C Robins aggregate liability arising with respect to this Agreement will not exceed the total fees paid or payable to an Affiliate under this agreement.
This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this agreement.
14. General Provisions.
The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. No supplement, modification, or amendment of this agreement shall be binding unless executed in writing by both parties. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is the affiliate, the individual signing up for our services represents that he or she is duly authorized to enter into this agreement on behalf of that organization.
In the event of a dispute between the parties, then both parties agree to take the matter before arbitration/mediation on the Gold Coast, Queensland, Australia. Should N & C Robins request arbitration/mediation in lieu of formal legal process both parties mutually agree that the sole legal venue for all disputes shall be in Courts of Brisbane, Queensland, Australia.
You further agree that N & C Robins will own all rights, titles and interests in and to all information that is created or collected in the operation of N & C Robins Websites and reserves the right to amend or terminate this Agreement at any time, with or without notice to Affiliate.
By using a link to our Affiliate Application Form you acknowledge that you have read these terms and conditions for N & C Robins Affiliate Program and that you have understood and agreed with them.