Affiliate Agreement – Esale (UK) Ltd. 2019
By submitting your application for being an affiliate of the website, you agree to be bound by the Terms as stated herein without modification.
2. Nature of the Relationship
The nature of the relationship between Esale and you will be that of independent contractors for all purposes and in no event will any person employed by you be held or construed to be employees of Esale. Specifically, Esale is not a member of any partnership, joint venture or franchise arrangement with you.
3. Ownership and use of Esale materials “
Esale material include any legal materials, documents, contracts, software, products, web links, promotional material, email, information, partial Esale material or any other materials provided by Esale, the website or any Esale service in any way. You do not have the right to use or change any of the Esale materials without the prior written consent. You do not have the right to use any Esale materials for a third party or competitive use. All use of Esale materials, with or without prior written consent, will cease after termination of this agreement.
This Agreement will be for an indefinite term and can be terminated immediately without cause by either Esale or you providing notice to the other party. Upon termination, you will stop using Esale materials.
5. Your Compensation
Esale agrees to pay you a commission of all sales (excluding fees paid to external service providers, fees paid to external suppliers and some subscription renewals) generated from the traffic of your website. This traffic will be given a tracking cookie provided the person has not previously visited our website and has an existing tracking cookie from another affiliate. You will get credit for such sales during the life of the tracking cookie. Payments are calculated on the first business day of the month and payment will be sent within 30 days when commissions payable total £10 or more. We will not provide any compensation for any referrals or traffic where the provision of any compensation for a referral is prohibited by law.
The current referral rate is 10% of the net spend. (customer spend less VAT).
6. Content Development
You are solely responsible for all content development (and its cost) on your website.
You may be given or obtain access to non-public information of Esale that Esale considers being of a confidential, proprietary, or trade secret nature, including, but not limited to, customer information, pricing, financial and operational information, business information and marketing information, in whatever form or media, whether or not marked as confidential (collectively “Confidential Information”). You agree not to use any confidential information disclosed to you by Esale for your own use or for any purpose other than to carry out your obligations under this Agreement. You will not disclose any confidential information to third-parties or to your employees or agents, other than employees and agents who are required to have the information in order to carry out your obligations under this Agreement. You agree to notify Esale immediately and in writing of any misuse or misappropriation of Esale confidential Information, which may come to your attention and return Esale confidential Information upon the request of Esale. Confidential information shall not apply to: (a) information that is or becomes a matter of public knowledge through no fault of or action by you, (b) information that prior to disclosure was rightfully in your possession as a result of disclosure by a third-party under no obligation or restriction of confidentiality, (c) information that, subsequent to disclosure, is rightfully obtained by you from a third-party under no obligation or restriction of confidentiality, and (d) information that is independently developed by you without use, knowledge or access to the confidential information of Esale.
8. Return of Confidential Property
Upon Esale request (and upon termination of this Agreement), you will deliver to Esale all confidential information, memoranda, notes, records, drawings, manuals, disks, or other documents and media pertaining to Esale business including all copies, extracts, summaries and analyses.
You agree to indemnify and hold Esale its directors, officers, shareholders, successor and predecessor companies, attorneys, agents and employees harmless from any claim, demand, or damage, including reasonable legal fees and costs, asserted by any third party due to or arising out of the your actions (including but not limited to advertising, website content or how you otherwise direct potential customers to our website).
10. Limitations of damages
Esale will not be liable to you for any exemplary, punitive, special or consequential damages, including lost revenues, lost profits or lost prospective economic advantage arising from any act or omission in performance or failure to perform under this Agreement, even if Esale is at fault and/or knew or should have known of the possibility thereof, and you hereby release and waive any claims against Esale regarding such damages.
11. Trademarks and other Intellectual Property
You acknowledge that all rights in any registered trademarks or any pending trademark registrations associated with the business of Esale (i.e., trademarks, service marks, slogans, logos, designs and other similar means of distinction), including all goodwill pertaining thereto, shall be the sole property of Esale . You may use and display such trademarks only in the manner and for the purpose authorised by Esale, and only during the Term of this Agreement. Esale reserves the right to add to, change or discontinue the use of any trademark it owns, on a selective or general basis, at any time. You shall not use any trademark or trade name of Esale in any corporate, partnership or business name without Esale prior written consent. Esale (UK) Ltd. is the owner of the Esale trade name, brand and trademark.
No press releases mentioning your affiliate program participation may be made without the prior written consent of Esale to a release being made. You will provide a copy of any press releases to Esale
You agree to conduct yourself with due regard to public conventions and morals and agree that you will not do or commit any act or thing that will tend to degrade Esale or bring it into public hatred, contempt, scorn or ridicule or that will tend to shock, insult or offend the community or ridicule public morals or decency. Further, you will not market Esale website or products using illegal, unethical, or misleading methods, or through inaccurate content.
14. Modification to Terms
Esale reserves the right to change these terms at any time and to notify you by updating and posting these terms on its website. Esale is not bound by any other modifications to these terms and conditions unless signed in writing by an authorised Lettingaproperty.com officer.
This Agreement cannot be assigned.
You must operate any affiliate activities in line with all current GDPR data privacy rules and guidelines. Your website must seek consent for cookies to be set on the browser of any user you send to Esale
17. PPC Advertising
Esale manages its own PPC advertising and you must not bid against or in competition with Esale on any PPC keywords without prior consent from Esale
No failure or delay, on the part of Esale, in exercising any right or power under these Terms will operate as a waiver of such right or power.
If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties’ intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
20. End User
The end user of Esale material will be subject to the website’s terms and conditions and disclaimers.
21. Binding Effect
This Agreement will pass to the benefit of and be binding upon the respective heirs, executors, administrators, successors of Esale and you.