Affiliate Programme Terms & Conditions

This agreement describes the terms and conditions for participation in the MadFun Affiliate Program. The terms "Affiliate," "you," and "your" are referring to you, the applicant. "We" and "our" refer to MadFun.

We are independent parties and this agreement will not form any partnership.

AGREEMENT DURATION

This agreement will begin upon our acceptance of your affiliate application and will end when terminated by either party.

Termination may happen at any time, with or without cause, by giving the other party written notice of termination.

MODIFICATION

By posting a Change Notice or a new agreement on this site, we may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM following the posting of a Change Notice or new agreement, it will be considered as your acceptance of the change.

COMMISSION FEES AND COOKIE DURATION

Our standard commission rate is 5%. We are keen to encourage and reward our biggest and most successful affiliates and to this end we are considering offering a bonus to any "super" affiliates. To qualify as a "superaffilate" your site must generate a minimum of £1,500 in sales (or a minimum of £75 in commissions) in any one month.

Our tracking systems will keep paying you commissions from customers you have referred for 1 year after the initial referral.

For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the service ordered. We must process the order and mark it with a delivered status, which we do when our systems show the items should have been delivered.

Referral fees can only be earned between the acceptance of the Affiliate application and notice of termination. Fees will be paid by MadFun. Any returned cheques, chargebacks, or fees from a returned order will be adjusted in the following fee payment. If no fee payment is due a billing invoice for the amount will be issued.

PAYMENTS TERMS

Affiliates are paid monthly by BACS or cheque subject to:

(i) a £25 minimum accrued payment (unless otherwise agreed)

(ii) commission earned is rolled over until the minimum payout limit has been reached

ABOUT LIABILITY

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 at this site. 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.

ORDERS PROCESSING

MadFun will be solely responsible for processing every order placed by a customer on the Affiliate sites. Customers who purchase products and services through the Affiliate Program will be deemed to be customers of MadFun. Prices and availability of our products and services may vary from time to time. MadFun policies will always determine the price paid by the customer. We reserve the right to reject any order that does not comply with our rules, operating procedures and policies.

WEB SITE RESTRICTIONS

MadFun reserves the right not to accept any site into the Affiliate Program based on site content. Sites that Do Not Qualify for the Affiliate Program include sites such as sites that are:

Promoting violence and discord.

Promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age

SPAM (UCE)

Unsolicited Commercial E-mail - MadFun in no way participates in mass unsolicited e-mailing (i.e. spamming), and all Affiliates are expected to adhere to this policy as well. Violation of this policy will result in the termination of this contract and immediate dismissal from the MadFun Affiliate Program, with no refund.

DISCLAIMER

We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the MadFun Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or down time.

This Agreement will be governed by the laws of England. Any action relating to this Agreement must be brought in the courts located in England and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

By submitting this Affiliate Agreement form, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.