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Direct Affiliate Program Agreement
 
 

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

 
 
1. OVERVIEW

This Direct Affiliate Program Agreement (this "Agreement") is entered into by and between LawBite Ltd and you, and is made effective as of the date of electronic acceptance.  This Agreement sets forth the terms and conditions of your use of the Direct Affiliate Program (the "Direct Affiliate Program" or the "Services").

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement.

The terms "we", "us" or "our" shall refer to LawBite.  The terms "you", "your", "User", "customer" or "Affiliate" shall refer to any individual or entity who accepts this Agreement.  Nothing in this Agreement shall be deemed to grant any third-party rights or benefits.

LawBite, in its sole and absolute discretion, may change or modify this Agreement and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the LawBite website (this "Site").  You acknowledge and agree that (i) LawBite may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the "Last Revised" date at the top of this page) shall constitute your acceptance of this Agreement as last revised

 
 
2. DESCRIPTION OF THE PROGRAM

LawBite grants you a non-exclusive, non-transferable limited license to use the Direct Affiliate Program in accordance with the terms and conditions set forth herein.

The Direct Affiliate Program allows you to provide a platform for advertising LawBite via your "Web Site" or "Publishing Location" (such as an electronic newsletter or blog), thereby driving traffic to the LawBite Web Site or Web Site content, whereby you may earn a portion of the revenue generated (a "Commission Payment") if a person or entity that is not you (a "Visitor") purchases a LawBite product or service after being referred to the LawBite Web Site or Web Site content from an internet hyperlink (a "Link") contained on your Web Site or Publishing Location.

After being referred to the Lawbite Web Site or Web Site content from a Link contained on your Web Site or Publishing Location, Visitors have forty-five (45) days to complete their purchase in order for you to receive a Commission Payment.  Please note that you will only receive a Commission Payment for purchases completed through your Web Site or Publishing Location’s Link; subsequent purchases made by the same Visitor (by accessing the LawBite Web Site directly) will not be commissionable.  Additionally, should the Visitor click on another Web Site or Publishing Location's Link that is not controlled by you, or return to the LawBite Web Site via another source-coded advertising Link during the initial forty-five (45) days, your Link will be overwritten and you will not receive a Commission Payment for that Visitor's purchase.

You acknowledge and agree that only purchases completed through the LawBite Web Site or Web Site content will be eligible for a Commission Payment.  No purchases taken or completed over the telephone will be eligible for a Commission Payment.  You are not eligible for a Commission Payment on purchases made by you, your employees, agents, representatives, or contractors.

 
 
3. WEB SITE AND PUBLISHING LOCATION RESTRICTIONS

You acknowledge and agree that your Web Site or Publishing Location shall not (and shall not enable others to):

·         Engage in (a) sending unsolicited commercial email ("spam") or (b) indiscriminate advertising;

·         Fail to comply with the applicable UK laws.

·         Collect personal information about minors without their parent's prior written consent;

·         Contain pornographic or obscene content, tasteless images, or excessively violent or hate-related material, as determined by LawBite in its sole and absolute discretion;

·         Encourage the use of a controlled substance;

·         Encourage unlawful behaviour;

·         Display, promote or sell illegal content, or offer any illegal product or service;

·         Contain any false, inaccurate, misleading, defamatory, slanderous or libellous content or statements;

·         Advocate, promote, or encourage violence or discrimination against any person, organisation, or governmental entity;

·         Contain Links to Web Sites containing the serial numbers for unlocking software illegally, pyramid schemes, or impersonations of another person or organisation.

In addition, you acknowledge and agree you shall not:

·         Copy, alter or modify any icons, buttons, banners, graphics, files, or content contained in the LawBite Links, including but not limited to removing or altering any copyright or trademark notices.  You recognise that LawBite owns all rights in and to all information regarding the Visitors that you refer to the LawBite Web Site or Web Site content;

·         Enter into any arrangement or agreement under which a third party pays you fees or shares in any revenues or royalties for any search results displayed on your Web Site;

·         Alter the LawBite approved tracking codes to allow you to (a) collect personally identifiable information of Visitors that would allow you to personally identify Visitors, or (b) obscure the site from which the Visitor is referred, including the use of link cloaking, asp/php redirects, and/or link shortening services not provided by LawBite;

·         Allow your Web Site or Publishing Location be a downloadable or internet accessible application, as determined by LawBite in its sole and absolute discretion;

·         Use a LawBite look-a-like site that suggests or gives the Visitor the impression that your Web Site or Publishing Location is affiliated with LawBite.co.uk;

·         Cause any purchases to be made that are not in good faith, including, but not limited to, using any method, device, program, robot iframes, or hidden frames.  Multiple purchases from the same individual, entity or IP address may be considered non–bona fide purchases. Non-bona fide purchases shall not be eligible for Commission Payments;

·         Engage in activities, whether lawful or unlawful, that LawBite determines, in its sole and absolute discretion, to be harmful to LawBite or its customers, employees, operations, or reputation;

·         Purchase or generate traffic to your Web Site or Publishing Location.

 
 
4. CALCULATION OF COMMISSION PAYMENTS
 
Commission Payments Generally

LawBite will pay commission at the % rate agreed monthly, by the first Friday of the new month.  You acknowledge and agree that any daily estimates do not represent an exact determination of your Commission Payment and the exact amount of your Commission Payment, as determined at the end of the applicable revenue generating period, may be different. Any funds remaining in your Direct Affiliate Program account after the deduction of the Administrative Fee shall be paid to you in accordance with your selected payment option.

The commission structure (the "Commission Structure") for the Direct Affiliate Program shall be based on the total checkout amount in the commission tab, after any applicable product discounts or exclusions.  The Commission Structure may be comprised of (i) a percentage rate per product or service, (ii) a fixed amount per product or service, or (iii) a combination of both.

In addition, the Commission Structure may vary by Affiliate.  The Commission Structure applicable to you may be found by signing into your application management interface (your "LawBite Affiliate Manager").  LawBite expressly reserves the right to change or modify the Commission Structure at any time, and such changes or modifications shall be effective immediately upon  posting to LawBite Affiliate Manager without need for further notice to you.     

LawBite reserves the right to extend the payment date on orders suspected of fraudulent or abusive activity.

Commission Payments for Domestic Affiliates (Affiliates Based in the UK.)

The pay-out date is the date that the Commission Payment is sent to you. Commission Payments may be paid by direct deposit, PayPal®, or cheque. 

i. Direct Deposit-A valid bank account is required.
ii. PayPal-A valid account will be required.
iii. Cheque-Domestic Affiliates who do not choose direct deposit, PayPal as their payment option will receive their Commission Payment via paper cheque.

Commission Payments for International Affiliates (Affiliates Based Outside the UK.)

i. Direct Deposit-A valid bank account is required.
ii. PayPal-A valid account will be required.
iii. Cheque-Domestic Affiliates who do not choose direct deposit, PayPal as their payment option will receive their Commission Payment via paper cheque.
 
 

5. AFFILIATE OBLIGATIONS, REPRESENTATIONS AND WARRANTIES

Privacy Obligations

You agree that you will post your privacy policy on your Web site or Publishing Location and otherwise make it available to all Visitors.  Your privacy policy must comply with all applicable laws and regulations regarding the privacy of Visitor information, be commercially reasonable, and fully and accurately disclose your collection and use of Visitor information.  In addition, you must fully and accurately disclose your use of third party technology, including the LawBite tracking technology, use of cookies, and options for discontinuing use of such cookies.

Indemnification Obligations

Affiliate covenants and agrees to indemnify and hold harmless LawBite from and against any and all claims, damages, losses, penalties, costs, expenses and fees.

 
 
6. SUCCESSORS AND ASSIGNS

This Agreement shall be binding upon and accepted to the benefit of the parties hereto and their respective heirs, successors and assigns.

 
 
7. AVAILABILITY OF DIRECT AFFILIATE PROGRAM

Subject to the terms and conditions of this Agreement and the LawBite policies and procedures, LawBite shall use commercially reasonable efforts to attempt to provide the Direct Affiliate Program on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. You acknowledge and agree that from time to time the Direct Affiliate Program may be inaccessible or inoperable for any reason, including, without limitation:

·         Equipment malfunctions;

·         Periodic maintenance, repairs or replacements that LawBite may undertake from time to time; or

·         Causes beyond the reasonable control of LawBite or that are not reasonably foreseeable by LawBite, for example, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.

You acknowledge and agree that LawBite has no control over the availability of the Direct Affiliate Program on a continuous or uninterrupted basis, and assumes no liability to you or any other party with regard thereto.

 
 
8. LAWBITE RIGHTS AND REMEDIES

LawBite explicitly reserves the right, in its sole and absolute discretion, to:

·         Vary the commission.

·         Establish limits and guidelines concerning the use of the Direct Affiliate Program; and

·         Terminate the Direct Affiliate Program at any time for any reason.

·         Terminate your license to use the Direct Affiliate Program at any time for any reason.

If your license is terminated, LawBite will make any Commission Payments from validly generated purchases from your Web Site or Publishing Location which accrue before the termination date. LawBite will not make any Commission Payments which accrue after the termination date. You acknowledge and agree that the determination as to whether a purchase was "validly generated" from your Web Site or Publishing Location shall be made in LawBite sole and absolute discretion.

 
 
9. TRADEMARKS

You acknowledge and agree that the Direct Affiliate Program, the names, trademarks, and logos of LawBite, and all related product and service names, design marks and slogans (the "LawBite Trademarks"), are the sole and exclusive property of LawBite, and your use of the LawBite Trademarks shall be to the benefit of LawBite.  You are not authorised to use the LawBite Trademarks in any advertising, publicity, or other commercial venture except by displaying in an unaltered state the icons, buttons, banners, graphics, files, or content contained in the LawBite Links as provided in this Agreement.

 
 

10. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilised in any way to construe or interpret the agreement of the parties as otherwise set forth herein.  Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement.  If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.