Auctions UK LLC
Affiliate Terms & Conditions
FOR SECURITY GAUK WILL COLLECT AND STORE THE IP OF THE COMPUTER USED TO SUSCRIBE AND ALL ACCESS AND LOG IN FILES ARE STORED FOR UP TO FIVE YEARS.
These Affiliate Terms & Conditions are published here and available for study before an application is made. You should carefully read the Terms & Conditions before using Government Auctions UK LLC affiliate scheme.
By using Government
Auctions UK LLC products and services you are indicating
your agreement to be bound by these Terms & Conditions. This is a legally binding agreement.
If you do not agree with the Terms & Conditions
you should not use Government Auctions UK LLC.
This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in GAUK Online, Government Auctions UK LLC, Auctions International Ltd Affiliates Scheme (the "Scheme"). As used in this Agreement, "we" means Government Auctions UK LLC, "you" means the applicant, and "services" means subscription services offered by Government Auctions UK LLC.
Enrolling as an affiliate
To begin the enrollment process, you will submit a complete scheme application via our site.
We may reject your application if we determine (at our sole discretion) that your site is unsuitable for the Scheme. We may also reject your application if you are partaking in any other scheme or offer from Government Auctions UK LLC.
Linking to our site
After you have enrolled as an afflilate, you can provide one or more links from your site to our site. We will provide you with special link formats designed for tracking and reporting for all links between your site and our site. You will be solely responsible for properly utilising the link formats. We do not accept any responsibility for the incorrect use of the special links / link formats and therefore we shall not be accountable for any loss of fees as a result of your errors.
Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our site, and all Government Auctions UK LLC trademarks, trade dress and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.
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 in this Section.
Subject to the terms and conditions of this Agreement, you will be paid commission for each customer referred from your site through the Government Auctions UK LLC link on your site who successfully purchases a product or subscription on the Government Auctions UK LLC site using a credit card.
If it is later found that the customer's purchase was refunded or charged back through the credit card scheme, we retain the right to withhold any payments to you resulting from that individual's purchases.
The affiliate scheme relies on cookies to track customers. If for whatever reason, the customer isn't using cookies, or the cookie expires or the customer deletes the cookie, they cannot be tracked and you will not earn commission for any sales that customer may make. Our cookies are set to expire after one year.
If at any time the commissions owed to you become less than the total deductions due to refunds as mentioned above the difference shall be immediately payable to Government Auctions UK LLC.
Commission may not be paid to an affiliate if the details we hold for that affiliate are not accurate. It is the affiliate's responsibility to make sure that Government Auctions UK LLC is notified of any change in their details such as email or postal address, subscription ammendments etc. We also reserve the right to cancel commission payments if we believe that there has been any fraudulent attempts to use the service.
You will earn an affiliate referral fee set at the published rate on http://www.governmentauctionsuk.co.uk/affiliates.php. Commision rates published on this page take precident over rates set on any other page. Commissions are payable to you at the end of each month provided that the commission owed is more than GBP �25.00.
Payments are made on or around 27th of every month and are paid TWO months in arrears with any ammendments, refunds and chargebacks deducted.
All chargebacks and refunds will be deducted from commissions paid but not limited to that period.
It is acknowledged that certain chargebacks and refunds may not be reflected
in affiliate statistics. Details of chargebacks and refunds
are available at request should they be redily available. However,
all costs related to recovery of any such material may be subject
to an administration fee.
Every effort will be made by Government Auctions UK LLC to pay commissions on time however it is the ultimate responsibility of the affiliate to track and request commisioins when due.
Policies and operating procedures
Customers purchasing services from Government Auctions UK LLC through this scheme will be deemed to be customers of Government Auctions UK LLC. Accordingly, all Government Auctions UK LLC rules, policies, and operating procedures concerning the services will apply to those customers. We may change our policies and operating procedures at any time.
We grant you a non-exclusive, non-transferable, non-sublicensable, revocable right to use our logos and text for which we grant express permission, solely for the purpose of identifying your site as a scheme participant. You agree that you will not engage, participate or otherwise become involved in any activity or course of action that diminishes and/or tarnishes the image and or reputation of Government Auctions UK LLC. We may revoke your license.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site.
It is the sole responsibility of the affiliate to ensure the accurate running of their links. Should an anomaly of any description appear the affiliate must notify Government Auctions UK LLC at their earliest convenience.
You will indemnify, defend and hold us harmless from all claims, damages, and expenses (including, without limitation, legal fees) relating to the development, operation, maintenance, and contents of your site as well as any goods or services provided or made available by you. These obligations will survive any termination of this Agreement. You acknowledge and agree that your Web site information (name, URL, traffic counts, etc.) may be utilized by Government Auctions UK LLC. Possible uses include (but are not limited to) lists of the busiest sites, lists of member sites, etc. The information provided by Government Auctions UK LLC to you may be proprietary in nature. You acknowledge that you are not a competitor of Government Auctions UK LLC, and agree not to share copyright protected information with any of our competitors. Any violation of these terms and conditions may cause us to terminate this agreement and withold potential payments until damages are established.
Should an affiliate, their employees, associates or anyone connected with that affiliate publish a Web site or any other material deemed to be in competition to any GAUK Online, Government Auctions UK LLC Web site within a commission period they will immediately notify GAUK in writing. They acknowledge that their affiliate account will immediately be suspended and all commissions owing from the point of publication will no longer be valid.
Should an affiliate of any Government Auctions UK LLC scheme, their employees, associates or anyone connected with that affiliate publish a website or any other material deemed to be in competition to, or associated with GAUK Online, Government Auctions UK LLC published material using information related to, published by or protected by copyright to GAUK Online, Government Auctions UK LLC they agree to be liable for all indirect, special or consequential damages (or loss of revenue, profits or data) arising from the competition published material, text, images, recording, visual media or publication of any description for up to FIVE years form the date of publication of the website or publication deemed to be 'competitive'.
The term of this Agreement will begin upon our acceptance of your application and will end when terminated by either party. Either you or Government Auctions UK LLC may terminate this Agreement at any time, with or without cause, by giving the other party written or emailed notice of termination. You are only eligible to earn referral fees occurring during the term of this Agreement only. We may withhold your final payment to ensure that the correct amount is paid. Your site is subject to periodic review. If we determine at any point after acceptance into our scheme that your site is not suitable for the scheme, we may unilaterally end the status of your site as an Affiliate.
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. Your continued participation now, or within thirty (30) days following the posting notice of any changes in these terms and conditions, will constitute a binding acceptance by you of such rules, changes or modifications. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. Your continued participation in the scheme following our modifications will constitute a binding acceptance of the change.
Limitation of Liability
We will not be liable for indirect, special or consequential damages (or loss of revenue, profits or data) arising in connection with this agreement or the affiliate scheme, even if we have been advised of the possibility of such damages. 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. Further, our aggregate liability arising with respect to this agreement and the affiliate scheme will not exceed the total Affiliate Referral Fees paid or payable to you under this agreement.
We make no express or implied warranties or representations with respect to the scheme or any products sold through the scheme including, without limitation, warranties of fitness, merchantability, non infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage. In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
You acknowledge that you have read this agreement, have had an opportunity to consult with your own legal advisors if you so desired, and agree to all the terms and conditions set forth herein. You agree that, in interpreting this agreement, no weight shall be placed upon the fact that this agreement has been drafted by us, and you shall not assert that this agreement is unenforceable or invalid on the grounds that it is a contract of adhesion, that it is unconscionable or any similar theory. You understand that we may at any time, directly or indirectly, solicit customer referrals on terms that may differ from those contained in this agreement or operate web sites that are similar to or compete with your web site. You have independently evaluated the desirability of participating in the scheme and are not relying on any representation, guarantee or statement other than as set forth in this agreement.
This Agreement will be governed by the state of Delaware law, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the courts of Delaware, 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.
If the situation arises whereby Government Auctions UK LLC need to enforce these terms against an affiliate in violation of any term then Government Auctions UK LLC reserve the right to take action through a court under which thier jurisdiction the affiliate is covered by. Under these specific circumstances the affiliate agrees to be bound by these terms under the laws governing their company registration, domicile or residency.
GovernmentAuctionsUK.com is owned and operated by Government Auctions UK LLC
Registered Office: Company Number - 3754274 Trolley Square, Suite 19c, Wilmington, DE 19806
1999-2008 GovernmentAuctionsUK.com - All Rights Reserved.