1. ownership and scope
The Selfesteem4women Affiliate Program is owned and operated by Ibex Management Limited, a limited company which is registered in England & Wales under company number 3583248 and whose registered office is at 22 Park Road, Melton Mowbray, Leicestershire, LE13 1TT, England (hereafter called 'Ibex' or 'we').
These Terms of Service constitute the agreement between Ibex and anyone taking part, or wishing to take part, in our Affiliate Program.
By submitting an application to become an Affiliate you will indicate your acceptance of our Terms of Service as contained in this document.
2. context
We provide an easy-to-use Affiliate Program for website owners who are serious about promoting our products and earning attractive commissions. We aim to work with a small group of high-quality Affiliates so that we can create genuine value-adding partnerships for our mutual benefit in addition to providing help and support for women with low self-esteem everywhere.
3. products
Affiliates can earn commissions for referred sales of any of our Self-esteem and Stress Management eWorkbooks. We do not offer any commissions on our personal coaching services, that is when clients purchase Alison Finch's time.
4. resources and advertising channels
We can provide you with a selection of banner advertisements or simple text links. These will be available to you once your application to join our program has been accepted.
You may place our banners and/or text links anywhere on your website or within non-spam emails sent to your opt-in subscriber base.
5. acceptance
Each application to become an Affiliate is reviewed prior to approval to ensure that the potential Affiliate is likely to promote our products in the way that we would wish on a suitable website, and is likely to work in harmony with our own approach.
We reserve the right to decline applications without full explanation, and without entering into protracted correspondence.
6. mechanisms
When a prospect clicks on the banner or text link you have placed on your website a cookie is placed on their computer with a lifetime of 120 days. Any sale of relevant products (eWorkbooks) made during that period will generate a commission for you.
7. commissions & payments
We offer generous commissions (currently 30%). We reserve the right to change our commission levels at any time. All Affiliates will be advised by email of any changes in advance.
Please note that our commissions are calculated on the NET value of qualifying sales, after deduction of VAT for transactions originating within member states of the European Community.
We will do everything reasonably possible to ensure accurate recording of clicks and referred sales. Affiliate sales will show in your account as "pending" until such time as they are paid. Any refunds or chargebacks arising from your referred sales will show as "declined" amounts and will be deducted from the outstanding balance of your commissions as soon as they arise. (Since we began trading, our refund levels have run at less than one half of one percent of sales.)
Qualifying payments will be made for the prior month on (or around) the 14th of each month.
Affilliates other than those resident in the UK will be paid via Paypal ONLY.This has the advantage to us of minimising our administrative hassle while ensuring that dollar-denominated Affiliates receive prompt payment without the need for foreign exchange conversion at the point of receipt. Affiliates who are resident in the UK may alternatively elect to be paid in pounds sterling by cheque.
We stipulate a minimum payment threshold of $50 (USD). You may select a higher threshold if you prefer, which may be a good idea if you ultimately have to convert US dollars to some other currency.
Any outstanding commission balances that have fallen below this minimum threshold for a period of six consecutive months may be declared void. We are well aware that this can be frustrating for Affililates who may fall only slightly short of this threshold but we remain committed to working with such Affiliates to continue to drive sales above that threshold. Usually, some additional promotional activity is all that is required to push sales beyond the required level.
Affiliates who generate negligible or no sales over a period of six consecutive months, and who fall below our payment threshold, will forfeit any outstanding commissions and be retired from our Affiliate program.
8. termination
We reserve the right to terminate an Affiliate's account in the event of a major breach of our terms and conditions. If such a breach is considered, in our sole opinion, to have been wilful or with malicious intent we reserve the right to retain any unpaid commissions.
A major breach of our terms would include, but is not restricted to, the use of unsolicited email in an attempt to generate greater awareness of our website. See point (10) below.
9. unsolicited email
The legal position with regard to spam is very clear. If you are in any doubt as to whether a planned communication that mentions our website is spam, DO NOT SEND IT. We will not tolerate spam, nor associate with spammers.
10. copyright and trade mark notices
We protect our copyrights diligently. An Affiliate, or anybody else for that matter, who attempts to steal our materials or intellectual property will be pursued to the full extent of the law. We have experience of doing exactly that, and our legal team is extremely tenacious.
For the avoidance of doubt, all of the Selfesteem4women.com names and logos which are used from time to time on the Website are the property of Ibex and are protected by the laws of passing off and/or the Trademarks Act 1994. All contents of Selfesteem4women.com are copyright (c) 2003-2007 Ibex Management Limited, are protected by database rights and may also be protected by other means.
No part of the website at Selfesteem4women.com (including our tests and the results arising from them) nor any material downloaded from the website (in particular the eWorkbooks) may be reproduced in any form whether electronically or otherwise without the prior written consent of Ibex Management Limited.
You may, of course, for the purpose of obtaining referred sales, reproduce any banners and/or textual copy that is provided by us to assist your participation in our Affiliate Program. Such resources may be accessed from the "Banners/Links" tab once you are logged in to your Affiliate Account.
11. other general terms
This agreement is governed by the laws of England, where the Website originates and is designed to be accessed and is deemed to be made in Melton Mowbray, England. You hereby consent to the exclusive jurisdiction of the English courts in the unlikely event that we cannot amicably resolve any disputes that may arise between us.
Each and every provision of this agreement is separate and severable. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set out above, then the validity and enforceability of the remainder of the terms and conditions shall not be affected.
This agreement constitutes the entire agreement between you and Ibex with respect to this Affililate Program and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Ibex. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.
12. variation of these terms
Ibex reserves the right to change the Terms of Service for our Affiliate Program at any time. We will do this by altering this document on our Website and this alteration will then be of immediate effect. For this reason Affilliates should regularly check this page
(http://www.selfesteem4women.com/site/affiliate/termsofservice.htm) as the current version will be binding on
you. You may want to bookmark the page now. You can do this in most internet browsers - for example by clicking on 'Favorites' in Internet Explorer
or 'Bookmarks' in Netscape Navigator both of which should appear in the toolbar at the top of your screen.
For any major changes in our Terms of Service we will endeavour to contact you by email at the contact address you have provided to us. You will then have the choice of accepting our changes or withdrawing from our Affiliate Program.