Terms & Conditions
Sport 4 Profit Ltd Affiliate Programme - Terms and Conditions.
Definition and Interpretation
Please read these terms and conditions carefully before submitting your
application. Submission of an application will constitute an
acceptance of these terms and conditions.
These are the terms
and conditions of the Sport 4 Profit Ltd affiliate programme
which will apply to all parties upon acceptance into the
programme.
This Agreement is made between Sport 4 Profit Ltd and Affiliate
on the commercial terms and the Terms and Conditions below (in the event
of any conflict between the two, the commercial terms below shall prevail).
Reference to the registered company Sport 4 Profit Ltd. also includes
the company website at:
www.sport4profit.com
and www.sport4profit.co.uk
Commercial Terms
- Purpose
-
To allow users to hyperlink directly from
the Link Partner Site to a Sport 4 Profit Ltd Site.
- Appearance
-
Banners/buttons to be produced by Sport 4 Profit Ltd as agreed
from time to time by both parties.
Placement: at the
discretion of Link Partner (acting reasonably)
Size: at the
discretion of Link Partner (acting reasonably).
Term of
Agreement (“Term”): From the date of this Agreement until
terminated by either party on one month’s written notice to the
other.
(Should the Link partner fail to comply with any of the undernoted Terms and
Conditions, Sport 4 Profit Ltd. reserves the right to
terminate the contract immediately without notice and without further
payment of revenues generated).
Terms and Conditions
Sport 4 Profit Ltd grants to Link
Partner, for the Term, a non-exclusive and non-transferable licence
to establish and maintain the Link.
Link Partner will:
-
Operate its business (including the Link Partner Site) in accordance with
industry best practice and in compliance with all relevant and
applicable laws, rules, regulations and codes of practice.
-
Display the Link prominently on the home page of the Link Partner Site
or on
such other page as Sport 4 Profit Ltd may agree in advance
from time to time in writing, and in all cases in such manner and
form (including without limitation relating to the use and location
of logos, trade marks and graphics) as Sport 4 Profit Ltd agrees
or requests from time to time and in all cases so as to ensure ease
of use of the link.
-
Obtain Sport 4 Profit Ltd written consent prior to engaging in any
use or display of Sport 4 Profit Ltd name or trade marks in
any promotional activities (breach of this provision entitles Sport
4 Profit Ltd to terminate this Agreement immediately).
-
Not at any time permit to appear on the Link Partner Site any material
which is defamatory, offensive, illegal or in breach of any rights
of any third party.
-
Not act or omit to act in such a way as may adversely affect the
standing, reputation or dignity of Sport 4 Profit Ltd.
-
Not use an automated registration system (or similar process) to
register or encourage the registration of visitors to the Link
Partner Site with Sport 4 Profit Ltd, nor inform (directly or
indirectly) visitors to the Link Partner Site that Link Partner will
benefit from such visitors registering with Sport 4 Profit Ltd.
Registrations made with Sport 4 Profit Ltd in breach of this
term will not attract Fees and breach of this term shall entitle
Sport 4 Profit Ltd to terminate this Agreement immediately.
-
Sport 4 Profit Ltd shall provide to the Link Partner, upon
registration, access to a web based administration page containing
the information necessary to calculate the revenues earned by the
Link Partner on a monthly basis.
-
All rights in connection with any use of Sport 4 Profit Ltd sites
(including without limitation all intellectual property rights and
goodwill attaching thereto) will remain vested at all times and for
all purposes with Sport 4 Profit Ltd (or its licensors), and
any direct or indirect use by or on behalf of Link Partner of Sport
4 Profit Ltd sites or Sport 4 Profit Ltd name permitted
by the terms and conditions of this Agreement will operate for and
to the sole benefit of Sport 4 Profit Ltd (or its licensors,
as appropriate).
-
Link Partner will not act or omit to act in any way or make any
representation that it has (or will have) any right, title or
interest in or to the ownership or use of a Sport 4 Profit Ltd
site or any intellectual property therein or to Sport 4
Profit Ltd name except under the terms of this Agreement.
-
All costs and expenses arising out of or in connection with the
establishment of the Link will be borne by Link Partner.
-
Sport 4 Profit Ltd may terminate this Agreement immediately at any
time if:
-
it ceases to own the necessary rights in a Sport 4
Profit Ltd site;
-
Link Partner displays or permits the
display or otherwise makes available any information or
matter or otherwise acts or omits to act in any way which
has or may in Sport 4 Profit Ltd opinion have an
adverse effect on the public
perception or market position of Sport 4 Profit Ltd;
-
no registrations with Sport 4 Profit Ltd have been
generated by this Agreement for a 6 month period.
-
As soon as practicable after termination of this Agreement (and in any
event within 48 hours) Link Partner will remove the Link and destroy
all promotional material which contains reference to Sport 4
Profit Ltd.
-
Neither party will be liable to the other for any incidental, special,
indirect or consequential loss or damage (including without
limitation any loss of revenue, business, data, profit, anticipated
profit or goodwill) or interrupted communication, however caused,
arising out of or in connection with this Agreement, save that
nothing in this Agreement shall exclude or limit the liability of
Sport 4 Profit Ltd for damages caused by its fraudulent
misrepresentation or for death or personal injury caused by its
negligence.
-
Link Partner will indemnify and keep indemnified Sport 4 Profit Ltd
(including for this purpose all subsidiaries and holding
companies of Sport 4 Profit Ltd and all other subsidiaries of
such holding companies (as these terms are defined in section 736 of
the Companies Act 1985)) against all actions, threats, proceedings,
liabilities, losses, damage, costs (including reasonable legal
costs) and expenses whatsoever which may be made against or incurred
by Sport 4 Profit Ltd arising under negligence or out of or
in connection with any use by Link Partner of Sport 4 Profit Ltd
name pursuant to this Agreement or any other matter set out in
this Agreement.
-
Sport 4 Profit Ltd makes no representation or warranty about the
content, accuracy or availability of a Sport 4 Profit Ltd site.
-
Link Partner will not at any time assign, charge, sub-license or
otherwise deal with or transfer in any way any of its rights or
obligations under this Agreement. Sport 4 Profit Ltd may at
any time assign, charge, sub-license or otherwise deal with or
transfer any of its rights or obligations under this Agreement.
-
This Agreement constitutes the entire agreement and understanding between
the parties.
-
Both parties shall for the Term and for the period of 2 years thereafter
keep confidential all information provided to them by the other
party in connection with this Agreement save
-
where such information was known to the receiving
party prior to its provision by the other party;
-
where such information enters the public
domain through no fault of the party wishing to disclose;
-
where disclosure is required pursuant to a binding
order from a regulatory authority with jurisdiction.
-
Nothing in this letter agreement will constitute, or be deemed to
constitute, a partnership, joint venture, employment, representative
or agency relationship between the parties.
-
Neither party will be held in breach of this Agreement in the event of any
delay or failure to perform its obligations by reason and to the
extent and duration of any cause beyond its reasonable control.
-
This Agreement will be governed by and construed in accordance with
Scottish law, and both parties agree to submit to the non-exclusive
jurisdiction of the Scottish Courts
Affiliates may not bid on or use the word mark ‘Sport 4 Profit Ltd or
‘Sport 4 Profit .com/.co.uk’ in any way to gain
preferential listings on Search Engines, Directories or any other
kind of online database. Any other use of the word mark, other Sport
4 Profit Ltd registered trade marks, confusingly similar marks or
copyright is expressly forbidden and will result in the termination
of an affiliate’s agreement with Sport 4 Profit Ltd.
Affiliate partner options
-
There are two affiliate partner options available via Sport4 Profit Ltd.
-
Direct partner or First Tier partner – Whereby
the affiliate partner will operate a direct link from their business
website to the Sport4 Profit website and will receive commission
payments as detailed in the financial terms below.
-
Reseller or Second Tier partner – A second tier partner
may promote the Sport 4 Profit Ltd. affiliate scheme to other third
party sites and arrange for these third parties to sign up to the
Sport 4 Profit Ltd. affiliate partner scheme. In doing so, the
Reseller will receive a payment of 5% of the total subscription
value of any new subscriptions arising from the third party
affiliate link.
Financial Terms
Access
This will detail partner referrals and commissions due, and allow for partner
invoicing.
Invoicing
-
All commissions due to affiliate partners will be paid on presentation
of invoice only to Sport 4 Profit Ltd. Invoices can be presented for
payment from the first day of each month, concerning payment due for
the preceding month’s referrals. Invoices should be sent to
the following address: Sport 4 Profit Ltd. 115 Brunel Building,
James Watt Ave. Glasgow. G75 0QD. Payments will be made by
cheque from Sport 4 Profit Ltd. and invoices should detail payment
address and payee name. (Payment via BACS bank transfer may be
available on request).
-
All affiliate partners are responsible for ensuring they comply with
relevant VAT and Tax laws relating to any commission payments they
may receive from Sport 4 Profit Ltd.
-
There will be a minimum amount for invoicing for any given invoice and
that is set at £50 for any given invoice month or invoice
total. Should an affiliate partner have earned less than the minimum
invoice amount in any given month, the total commission earned for
that month will be carried over to the following month until the
minimum total is reached.
-
All invoices for commission payments must be presented to Sport 4 Profit
Ltd. within six calendar months of the relevant commission period
(Unless minimum invoice total applies). Failure to do so will result
in the forfeiture of any commission payment for that period.
-
All commission payment amounts quoted will be inclusive of VAT at
current government rates. Where applicable, affiliate partner
invoices should be adjusted to reflect the VAT portion of the total
payment.
(e.g. For partners who are VAT registered a total commission payment of
£100 would be invoiced as: £82.50 + £17.50 VAT =
£100 total payment).
-
The following standard percentage commission rates will apply to all new
Direct affiliate partners, unless specific rates have been agreed in
advance with Sport4 Profit Ltd.
(Percentage commission is based on the current subscription cost for
any given service, as determined by Sport 4 Profit Ltd. and displayed
on their website).
| Service |
Subscription period |
% commission |
|
Sports
and Horse Racing
|
1
month
|
30
|
|
|
3
months
|
20
|
|
|
6
months
|
15
|
|
|
12
months
|
10
|
|
|
|
|
|
Golf
|
12
months
|
10
|
|
|
|
|
|
Rugby Singles Club
|
Any
term
|
10
|
|
|
|
|
|
USA
Sports
|
Any
term
|
25
|
-
Reseller / Second Tier partners will receive a commission rate of 5%
of the
total subscription value generated by all of the affiliate partners
they have signed up to the Sport 4 Profit Ltd. affiliate partner
scheme.
-
To become a Reseller / Second Tier partner you must contact the office in the first
instance at
affiliatepartner@sport4profit.com
and we will supply further details of set-up and resources available.
-
Sport 4 Profit Ltd. aims to settle all valid invoices within 4 weeks of
receipt. Should payment not have been received by the affiliate
partner within this time please notify Sport 4 profit Ltd. via
e-mail to: office@sport4profit.com
-
Any comments, enquiries or requests concerning any of the terms and
conditions above, or any aspect of the affiliate programme, please
direct to Sport 4 Profit Ltd. via post (to the office address quoted
above) or via e-mail to: office@sport4profit.com