Affiliate - Standard Terms and Conditions of Business
Affiliate - Standard Terms and Conditions of Business HCS VoicePacks Ltd reserves the right to amend and update these Terms and Conditions at any time giving notice of when changed terms are posted on the HCS VoicePacks website via the Affiliate Control Area or in an email/newsletter.
1. COMMENCEMENT AND TERMINATION.
This Agreement shall come into force upon your acceptance as an Affiliate and shall remain in effect until terminated. The Affiliate is entitled to terminate this Agreement with immediate effect at any time. The Affiliate must cease to use the service immediately upon the termination of this Agreement and delete all links to Linked Websites and, for the avoidance of doubt; the Affiliate shall not be entitled to receive any Commission on any Referrals made after the termination date. HCS VoicePacks is entitled to terminate this Agreement and/or suspend the Affiliate from HCS VoicePacks service or from a certain Merchants Affiliate Program at any time, giving reasonable notice where possible. The Merchant is entitled to terminate and/or suspend the Affiliate from their Program at any time, giving reasonable notice where possible. In the event of Affiliate fraud or suspected criminal activity the Merchant is entitled to terminate and/or suspend the Affiliate from their Program without any notice. The Affiliate shall acquire no rights following the termination of this Agreement to use Intellectual Property Rights of HCS VoicePacks or the Merchants including domain names or any text, or images, banners or any other works created by or for HCS VoicePacks or the Merchants.
2. PAYMENT.
2.1 Payment Models
HCS VoicePacks will make payments to all affiliates under one of two payment models:-
a) Standard Model (Default) HCS VoicePacks undertakes to make payments to affiliates on this payment model 6 weeks after the end of the month in which they have made a sale or action that would result in being paid.
b) Payment On Request Once an affiliate has been paid by HCS VoicePacks twice, they move on to this payment model provided they have chosen to be paid by BACS and are UK based. Affiliates on this payment model may request payment at any time for all validated sales made to the date at which you request payment. Once a request for payment has been made HCS VoicePacks undertakes to process a BACS payment within five days.
2.2 GENERAL.
Payment is only made to Affiliates in the UK that have a minimum balance of £25 (twenty-five pounds) in their account or joint accounts. All Affiliates outside of the UK have to reach a minimum balance of £50 (fifty pounds) in their account or joint accounts before payment is made. Affiliates who do not meet the minimum balance requirements will not be eligible for payment until it has been reached. Furthermore any account that has had no activity (clicks, sales etc.) for a period of 6 calendar months will be deemed to be abandoned and HCS VoicePacks will close the account – monies within the account which are less than £25 will be kept by HCS VoicePacks Ltd. Affiliates will receive payment for any action that is payable as set out by each individual Merchant. Affiliate payments will only be made when funds are in place from the Merchant. HCS VoicePacks will endeavour to collect funds from the Merchant and then pay the Affiliates on the Merchant's behalf. HCS VoicePacks will provide the Affiliate with a detailed real time reporting system showing commission that is pending, approved or void. The Affiliate agrees to regularly check his reports to ensure that the commission shown is correct. HCS VoicePacks accept no responsibility for any errors or omissions and their consequential implications which are not notified to us in writing within a 4 week period. This four week period begins on the day that the sale/action which generates the commission took place. While HCS VoicePacks will do everything we can to correct any errors or omissions which may occur, we will not be liable for any of these which are not brought to our attention within the 4 week period as detailed above. The majority of Merchant Programs via HCS VoicePacks operate on an 'in funds' basis. This means that the Merchant provides funds in advance 'up front' to finance Affiliate commission. In order to allow certain Merchants and Agencies to work with HCS VoicePacks, this may from time to time require working on an 'invoice after action' basis. Programs that are not 'in funds' will be clearly indicated, and as such, it will be for the Affiliates to decide if the Merchant is worth taking the risk to promote or to continue promote during any period that the Merchant may not be in funds. HCS VoicePacks is not liable to Affiliates for any loss of income due to Merchants who abandon carts. In the event of any Affiliate fraud, all transactions in the Affiliates account will be reversed. In addition HCS VoicePacks or the Merchants affected may recover any payments made before fraud has been detected. We also reserve the right to take legal or criminal action against the companies and individuals involved. In the event of suspected fraud, payment to an Affiliate's account will be stopped and the Affiliate will be asked to provide additional information as to how they have been promoting the Merchants to ascertain where any rules or program terms may have been broken. Failure to comply will result in monies being withheld and the Affiliate's account being terminated. HCS VoicePacks require that all Affiliates supply an invoice before payment will be made. This must be done online via our control area. All invoices must include full details of your name and address including a VAT number if you’re registered. Nothing in this Agreement shall create or be deemed to create, a partnership or relationship of employer and employee between HCS VoicePacks and the Affiliate. Any Affiliate outside of the United Kingdom to whom we pay regular or one off large sums of money may be asked to provide information in compliance with Money Laundering Regulations. Failure to comply will result in monies being withheld. The Affiliate is responsible for the payment of all tax and national insurance payable on any payments made to him/her by HCS VoicePacks.
3. INDEMNIFICATION.
The Affiliate shall keep HCS VoicePacks indemnified against any claims for damages or other claims for compensation arising from the contents of the Affiliate's website or any incorrect information given to HCS VoicePacks by the Affiliate. The Affiliate shall also compensate HCS VoicePacks for any other damages or costs caused by the Affiliate's improper, negligent or unauthorised use of HCS VoicePacks service and technical problems or loss of data caused by the Affiliate on HCS VoicePacks website or on any website to which the Affiliate is linked by HCS VoicePacks.
4. LIABILITY - SYSTEM FAILURE, VIRUSES, DAMAGES, DOWNTIME.
HCS VoicePacks shall not be liable to the Affiliate for defects in the service, interruptions in the accessibility to the service, infringements on data or loss of data on the information handling system, defects in the security system or viruses or other harmful software components, loss of profits, contracts, loss of reputation, loss caused by any third party deleting, removing, deactivating or tampering with the Affiliate Tracking Service or other indirect or consequential loss whether arising from negligence, breach of contract or whatsoever.
5. LEGAL CONTENT AND APPROVAL.
The Affiliate is solely responsible for his/her website, Twitch profile & YouTube account and all its contents and shall ensure that they conform at all times to all applicable laws and regulations. If the Affiliate is based outside of the United Kingdom then they must also undertake to ensure their website is compliant with the laws of the United Kingdom. The Affiliate shall not use his/her links with any website/service that is not registered with or notified HCS VoicePacks. From time to time Merchants will limit the use of their program to certain websites, if an Affiliate has only been approved for certain websites/services then the affiliate must not use these links on un-approved websites/services. Affiliates agree to comply and abide by any additional terms or restrictions added by HCS VoicePacks via email/newsletter.
6. COPYRIGHT / INTELLECTUAL PROPERTY.
HCS VoicePacks owns all copyrights, trademarks, intellectual property rights, know-how or any other rights connected to the service or software necessary for the service. The Affiliate does not acquire any rights or licences whatsoever under this Agreement other than to use links to Linked Websites on the terms of this Agreement.
7. AFFILIATES INFORMATION E.G. EMAIL, PERFORMANCE STATISTICS.
The Affiliate consents to the publication of the Affiliate's name and web address etc on the HCS VoicePacks website and to HCS VoicePacks sending newsletters etc to the Affiliate's e-mail address and using the information given by the Affiliate for marketing purposes. The Affiliate confirms that in order to enable HCS VoicePacks to improve and/or to promote or market the service, HCS VoicePacks may produce statistics or summaries relating to the use of the service. HCS VoicePacks may contact the Affiliate by email, telephone or post for feedback relating to the service including any ways in which it might be improved both for the network and for the individual Affiliate.
8. LEGAL AGE.
The Affiliate confirms to HCS VoicePacks that the Affiliate is not a private individual less than 18 years of age. If you are under 18 years old and would like to become an affiliate, you must get a parent or guardian to sign-up on your behalf.
9. APPLICABLE LAW.
HCS VoicePacks shall not be liable for the legality of HCS VoicePacks service in countries other than the United Kingdom. The Affiliate is solely responsible for the legality of the use of the service if the Affiliate is registered to HCS VoicePacks service from a country other than the United Kingdom or if the Affiliate's website is on a server in a country other than the United Kingdom. This Agreement is subject to the laws of Scotland and shall be subject to the non-exclusive jurisdiction of the Scottish courts. If any dispute arises out of this Agreement the Parties will attempt to settle it by a mediation procedure as the parties may agree in writing.
