Our affiliate programme is provided subject to our Affiliate Terms and Conditions
Please read, understand and agree with our standard terms before signing up as an Affiliate
1.0 Definitions
- 1.1 "affiliate" means the company or individual who has signed up to be an affiliate of Jazz Fashion Publishing Limited.
- 1.2 "commissions" means the payments made to an affiliate by Jazz Fashion Publishing Limited.
- 1.3 "cookie" means a file planted in a customer's disk drive, that is used to track where a customer originated from by the Jazz Fashion Publishing affiliate system.
- 1.4 “Affiliation Programme” means the affiliate management solution, that supports affiliates, tracks referrals and orders and manages commissions.
2.0 Scope of Affiliation Programme
- 2.1 The Jazz Fashion Publishing Affiliate Programme. Jazz Fashion Publishing have developed a cookie based affiliate system, that allows a 3rd party affiliate to link to the Volkswagen Camper & Commercial store and where an order is placed, track such orders and attach to an affiliate commissions as described in Payment Terms below.
- 2.2 Commission Management. Jazz Fashion Publishing have put the necessary systems and processes in place to enable it to adequately manage commissions and issue payments accordingly, based on referral link orders placed online within its store.
- 2.3 Support. Jazz Fashion Publishing Limited will make best endeavor to support the affiliate programme in a manner and standard acceptable of the industry.
- 2.4 Link Display. Client must provide a visible link (URL) from Client site, correctly configured with Client's agent code, to the Jazz Fashion Publishing Affiliate Programme store.
3.0 Payment Terms
- 3.1 Set-Up Fee. There is no set up fee in becoming a standard Jazz Fashion Publishing affiliate.
- 3.2 Ongoing Fees. There is no ongoing monthly, annual or other periodical fees associated with being signed up as an affiliate of Jazz Fashion Publishing.
- 3.3 Commissions. Client will be paid commissions after a 90 day verification period, at a rate of 10% of the total order value, not including shipping, VAT or other additional charges. For the purpose of clarification, commissions are paid soley on product sales. No commission will be paid on orders deemed to be suspect of, or indeed fraudulent, untill such time as Jazz Fashion Publishing are completely satisfied that no charge backs will occur.
- 3.4 Contract Length and Cancellation. There is no contractual length to this agreement and both Client and Jazz Fashion Publishing can terminate this agreement, without penalties, at any time. In the event Client cancels, commission will still be payable as due on the date of cancellation, by Jazz Fashion Publishing.
- 3.5 Breach. Upon a breach of the agreement pursuant to clause 6.4, Jazz Fashion Publishing reserves the right to terminate the affiliate programme to a Client. In the event Jazz Fashion Publishing terminates affiliate programme to Client because of a breach by Client, no further commission will be paid to that Client, including commission owed to Client by Jazz Fashion Publishing at the point of termination.
- 3.6 Tax. All commission are exclusive of any and all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Affiliate Programme provided under this Agreement.
4.0 Representations and Warranties
- 4.1 Compliance with Law. Client represents and warrants that Client will comply with all applicable state and federal laws Client’s performance of this Agreement and in the use and operation of the Affiliate Programme, including laws governing technology, software and trade secrets.
- 4.2 Authority to Contract. Client represents and warrants that Client is over 18 years of age and has full authority and right to enter into this Agreement and that there are no conflicting claims relating to the rights granted by this Agreement.
- 4.3 Non-Infringement. Client represents and warrants that Client’s performance of this Agreement and providing the links to the Affiliate Programme store front, shall not infringe the intellectual property or other proprietary rights of any third party.
- 4.4 Jazz Fashion Publishing Performance. Jazz Fashion Publishing represents and warrants that the Volkswagen Camper & Commercial Affiliate Programme shall be performed in a professional and workmanlike manner, and operated in accordance with Jazz Fashion Publishing's obligations as defined by this Agreement.
5.0 Disclaimer of Warranties
- 5.1 Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED ABOVE, JAZZ FASHION PUBLISHING MAKE NO WARRANTY RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, AND ALL SERVICES ARE PROVIDED ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OF NON-INFRINGEMENT.
- 5.2 Risk of Use. Client expressly agrees that use of Jazz Fashion Publishing Affiliate Programme is at Client’s own risk. Neither Jazz Fashion Publishing, Jazz Fashion Publishing employees, affiliates, agents, third-party information providers, merchants, licensors or the like, warranty that the Affiliate Programme will not be interrupted or error free; nor does Jazz Fashion Publishing make any warranty as to the results that may be obtained from the use of Jazz Fashion Publishing' Affiliate Programme or as to the accuracy, reliability or content of any information serviced or merchandise contained in or provided through Jazz Fashion Publishing’s Affiliate Programme, unless otherwise expressly stated in this Agreement.
- 5.3 Limited Liability. Under no circumstances, including negligence, will Jazz Fashion Publishing, Jazz Fashion Publishing officers, agents or anyone else involved in creating, producing or distributing Jazz Fashion Publishing' Affiliate Programme be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Jazz Fashion Publishing' Affiliate Programme. Jazz Fashion Publishing will further not be liable for results from mistakes, omissions, interruptions, deletions of files, errors, defects, delays and operation, or transmission or failure of performance whether or not limited to acts of nature, communication failure, theft, destruction or unauthorized access to Jazz Fashion Publishing’ records, programs or services. Client acknowledge that this paragraph shall apply to all content stored by the Affiliate Programme software.
- 5.4 Remedy. Client’s exclusive remedy for all damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) will not (a) exceed the actual pound amount which Client was paid in commission during the 1 month period prior to the date the cause of action arose, or (b) include any incidental, consequential, extemporary or punitive damages of any kind, including without limitation, loss of data, file, profit, good will, time, savings or revenue.
- 5.5 Your statutory rights are not affected by this contract
6.0 Term and Termination
- 6.1 Effective Date. The Effective Date of this Agreement is the date the Affiliate Programme was entered into via our online store.
- 6.2 Duration. This Agreement will commence on the Effective Date on an ongoing basis and no cancellation period shall apply.
- 6.3 Termination for Convenience. Subject to Section 3.3, Client may terminate this Agreement at any time for Client’s convenience by providing Jazz Fashion Publishing with email or written notice. Client commission is still payable by Jazz Fashion Publishing under this section.
- 6.4 Breach or Default. The following constitute a breach or default of this Agreement: a) Client attempts to gain commission through the placing of fraudulent orders, as deemed the case by Jazz Fashion Publishing, b) Client’s violation of Section 8.0, c) Client’s violation of 9.2, or d) Client’s violation of Sections 4.1, 4.2 or 4.3.
- 6.5 Special Lien on Personal Property. Jazz Fashion Publishing retains a special lien on all of Clients personal property in Jazz Fashion Publishing’ possession to secure any payment amount Client may owe to Jazz Fashion Publishing under this Agreement.
7.0 Ownership Rights
- 7.1 Ownership Rights. Jazz Fashion Publishing owns or has licensed all server software. In the event that Jazz Fashion Publishing elects, at Jazz Fashion Publishing' option, to provide custom software to Client, this software will be licensed to Client for use only on Jazz Fashion Publishing' Affiliate Programme on a non-exclusive, royalty-free, fully-paid basis according to the terms of this Agreement. Client acknowledges that the Affiliate Programme, other related hardware and software are the property of Jazz Fashion Publishing or its suppliers.
8.0 Inappropriate Conduct
- 8.1 Activities Subject to Immediate Deactivation. Any Affiliate Programme that is used for illegal, abusive or unethical activities may be immediately deactivated by Jazz Fashion Publishing without warning to Client. Illegal, abusive or unethical activities include, but are not limited to, obscenity, violations of privacy, false product claims, false pricing claims, unsolicited bulk emailing (spamming) of the Affiliate Programme links and any harassing or harmful materials or uses assoicated with the linking to Jazz Fashion Publishing Affiliate Programme, as determined by Jazz Fashion Publishing. Client agrees to indemnify and hold Jazz Fashion Publishing and its suppliers harmless from any claim resulting from Client’s publications or use of the Affiliate Programme links, Illegal, Abusive or Unethical materials. Jazz Fashion Publishing is not required to give notice before deactivating Client’s use of Jazz Fashion Publishing's Affiliate Programme if, in Jazz Fashion Publishing's discretion, Clients use is or results in illegal, abusive or unethical activities. If an Affiliate Programme is disabled as a result of breach of this section, no further commission payments will apply.
- 8.2 3rd Party Affiliate Publication. Client is not allowed to make use of 3rd Party affiliate systems, such as Affiliate Window, Commission Junction or similar, as the Affiliate Programme will not support such 3rd party solutions.
- 8.3 Misrepresentation. Client is not permitted to represent themselves as Jazz Fashion Publishing (the Company), however, Client may use link wording such as "Jazz Fashion Publishing Hosting Services" or "Powered by Jazz Fashion Publishing" as part of the hyperlink wording that customers click on to go to the Affiliate Programme.
9.0 Miscellaneous
- 9.1 Public Nature of Internet. Please understand that all information submitted on the Affiliate Programme shall be considered publicly accessible. Important and private information should be protected by Client. For example, Jazz Fashion Publishing are not liable for protection or privacy of customer information entered in the sign up process or other information transferred through the Internet or any other network provider that Client may use.
- 9.2 Governing Law and Solicitor's Fees. This Agreement will be interpreted and applied in accordance with the laws of England, without regard to the conflicts of law provisions. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and solicitors' fees, whether or not a suit is actually filed.
- 9.3 Second Level Sign Up of Affiliate Programme and Flow-down of Obligations. Client may sign up one further level of affiliates to the Affiliate Programme, but Client must first obligate any such resale to the same terms of this Agreement.
- 9.4 Age. Client certifies that it is at least 18 years of age.
- 9.5 Transfer. Client may not transfer or assign this Agreement without the written consent of Jazz Fashion Publishing.
Through the act of signing up onto the Affiliate Programme, it is deemed that you are agreeing to these Affiliate Programme Terms and Conditions. If you do not agree with the above conditions, you should not sign up onto the Jazz Fashion Publishing Affiliate Programme.
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