Definitions
- "clearFusion" or "we" means clearFusion Digital.
- "Affiliate" or "you" means the person, firm or company that has requested and been granted affiliate status.
Overview
This agreement is intended to cover the affiliate program provided by clearFusion Digital. This agreement contains the entire understanding between clearFusion Digital and affiliate and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, between clearFusion Digital and the affiliate. The affiliate acknowledges and agrees that its entire right relating to clearFusion Digital affiliate program are as set forth in this agreement.
General
The completion and submission of the affiliate signup form signifies your acceptance of these terms and conditions.
You are entirely responsible for any and all activities that occur under your account and you agree to accept responsibility for all activities that occur under your account or password. You must not divulge your Account or passwords to any other person, and you should take reasonable precautions to ensure that it is not discovered by other people. If your Account or password is discovered by any other person you must inform clearFusion Digital as soon as you are aware of the discovery.
You agree clearFusion Digital will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However if another party or person uses your account or password, with or without your permission, you could be held liable for any losses incurred by clearFusion Digital.
clearFusion Digital reserves the right to terminate any affiliate account at any time for any reason, at its sole discretion, without prior written notice and may refuse payment for any referrals.
Appointment of affiliate accounts is at the sole discretion of clearFusion Digital and clearFusion Digital reserves the unconditional right to refuse affiliate status for any reason.
The intent of the affiliate program is to pay affiliates for the refer new customers to clearFusion Digital that result in a sale.
Conduct
If accepted as an affiliate then:
- The affiliate agrees to maintain a sufficiently developed website on which to place the affiliate advert and provide clearFusion Digital the URL of such website on request.
- The affiliate agrees to provide clearFusion Digital through the client area a non-free email address though which to contact them and will maintain up to date contact details.
- The affiliate will register and maintain the correct information for a PayPal account through which affiliate payments will be received, clearFusion Digital will make no effort to correct any errors and referral payouts may be lost should the affiliate fail to maintain this address.
- The affiliate agrees to conduct business in an ethical manner and shall not conduct its business in a manner that would in anyway injure the reputation of clearFusion Digital or it's representatives. The affiliate will refrain from any business practices that may be perceived as misleading, deceptive or otherwise improper.
- The affiliate agrees not to send or cause to be sent any form of unsolicited email (spam), to not engage in practices such as but not limited to blog spamming, forum spamming or automated postings of advertisements to sites to which they do not have full rights to do so. Any breach of this will result in immediate termination of the affiliate account and any payments to the affiliate will be withheld.
- The affiliate shall be authorised to use certain clearFusion Digital trademarks, graphics, symbols or other content for use in promotion of the product. Such materials will be provided by clearFusion Digital to the affiliate with the express intent of their use for such purpose. The affiliate may create their own content relating to products which clearFusion Digital shall have the right to prevent the affiliate from using if clearFusion Digital finds it to be objectionable or for any other reason.
- Any affiliate referring excessive customers that do not meet normal profitability standards will be terminated even if abuse of the affiliate program did not take place.
- Any affiliate suspected of cheating the affiliate program will have their affiliate status terminated and all payments withheld.
Payments
Payments are made to the affiliate on or soon after the first of the month. Payments are made to the affiliates registered PayPal account in GBP. The affiliate shall be responsible for assessment, collection, accounting, remittance, reporting, and all other such legal responsibilities of tax.
Payments will only be made once the affiliate has a balance greater than equal to the Payout Requirements as shown at https://www.tolranet.com/affiliates/
Commissions are per sale at the rate shown at https://www.tolranet.com/affiliates/
No referral fee will be paid to the affiliate for any referrals that result in a fraudulent transaction, fees paid to an affiliate for a transaction that later proves to be fraudulent may be removed from the affiliates account.
The affiliate aggress that clearFusion Digital has the final decision in regards to any disputed payments and that clearFusion Digital has no obligation to explain any withheld payments.
Limitation of Liability
The affiliate acknowledges and agrees neither clearFusion Digital nor any of its members, shareholders, directors, officers, employees or representatives will be liable for any special, indirect, consequential, punitive or exemplary damages, or damages (including but not limited to damages for loss of profits or savings, loss of data, or loss of use) in connection with this agreement or the affiliate scheme, even if we have been advised of the possibility of such damages. If, despite the foregoing limitations, clearFusion Digital or any of its shareholders, directors, officers, employees or representatives should become liable to an affiliate or any other person in connection with this agreement for ANY REASON, then the maximum aggregate liability arising with respect to this agreement and the affiliate scheme will not exceed the total Affiliate Referral Fees pending payment to you under this agreement.
Indemnity
The affiliate will indemnify and save harmless clearFusion Digital and its members, shareholders, directors, officers, employees, agents, contractors, and representatives from and against all damages, losses, costs and expenses (including actual legal fees and costs), fines and liabilities incurred by or awarded, asserted or claimed against clearFusion Digital or any of its members, shareholders, directors, officers, employees and representatives in connection with affiliates negligence, activities or omissions, or breaches of its obligations under this agreement, including claims brought by a person using or relying upon any advice given or publication produced and distributed by the affiliate.
Force Majeure
Whilst every effort will be made to meet your requirements clearFusion Digital shall not be liable for any breach of obligation resulting from causes beyond our reasonable control; including, but not limited to, fires, strikes (of its own or other employees) insurrection or riots, embargoes, wars, compliance with laws or regulations, delays in transportation, inability to obtain supplies, acts of God, acts of civil or military authority (an 'Event of Force Majeure').
Governing Law
This Agreement is governed by and construed in accordance with English law, and the parties hereto agree to submit to the non-exclusive jurisdiction of the English courts.
If any provision of this agreement shall be found by any court or administrative body of competent jurisdiction to be unlawful, invalid or unenforceable in whole or in part then the illegality, invalidity or unenforceability of such provision shall not affect the other provisions of this agreement and all provisions not affected by such invalidity or unenforceability shall remain in force and effect. The parties hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic legal and commercial objective of the invalid or unenforceable provision.
Additional Information
From time to time clearFusion Digital may send communications via email, or other contact method, that are related to your account e.g. maintenance notifications or new releases, the affiliate agrees to accept such communications.
We reserve the right to make changes to these terms and conditions at any time. Please check back from time to time to ensure that you are aware of these changes.
Any questions relating to these terms and conditions may be sent through our Contact Us.
