Terms & Conditions Of Business
By becoming a Affiliate with MAILGOBLIN you are agreeing to abide by the terms
and conditions of business detailed below.
It is important that you read these Terms carefully before using and joining
the MAILGOBLIN platform. By completing the registration page, you are showing
that you accept our terms of business and its conditions. If you do not agree,
do not use the MAILGOBLIN platform.
This Affiliate Terms & Conditions (the "Terms") is made by and
between Searlco Marketing Ltd (www.MAILGOBLIN.co.uk), Earl House, 31 Kings Road,
Chelmsford, Essex, CM1 4HR(“MAILGOBLIN”) and you, the Affiliate
of the MAILGOBLIN platform ("You" or "Member").
MAILGOBLIN DETAILS
Cashbin ltd owns and operates MAILGOBLIN (the "Platform") which allows
Webmasters of web sites to refer members to receive emails by third parties.
You’re requesting to become a Affiliate of MAILGOBLIN and use the Platform
as an affiliate, you agree as follows:
DEFINITIONS
"Merchant", means a third party advertising that rewards You for successful
transactions of your members..
"Affiliate", means the site that’s rewarded commissions for
members referred taking up merchants advertising.
"Link" means a hyperlink placed in an email that, when clicked on,
serves a Merchant's Web page / Advert to the user's browser.
"Visitor" means any person, Web surfer/user that is referred by You
and clicks on a Merchants link in an email.
"Valid Click" is a click from a link in email to a Merchant web site
that results in the Merchant Web page being viewed to a visitor
THE PLATFORM FOR AFFILIATES
You may refer members from your site as you see fit.
Merchants can and may change / stop commission payments any time. You’re
responsible for deciding to continue allowing members to be emailed by the system.
REGISTRATION
You members must be at least 18 years of age to join MAILGOBLIN and receive
mail.
You will be requested to provide MAILGOBLIN with accurate, truthful and complete
registration information.
You will be responsible for the upkeep of the confidentiality of your email
and password, you are responsible for all usage and activity on your account,
including use of the account by a third party authorised by.
All fraudulent, abusive or otherwise illegal activity may be grounds for termination
by MAILGOBLIN and reported to the appropriate authorities.
WE DO NOT ACCEPT SITES WITH ANY TYPE OF THE FOLLOWING CONTENT: ADULT OR EXPLICIT
MATERIAL, WAREZ, ROMs, RACE HATRED, INSULTING AND EMULATORs.
AGREED USE OF THE PLATFORM
You show MAILGOBLIN that all content you provide on your web site is solely
owned by you or provided by you with the authority of the company you represent,
it does not infringe upon any other individual's or organisation's rights (including,
without limitation, intellectual property rights) and is not defamatory, libellous,
unlawful or otherwise objectionable.
As MAILGOBLIN may not review all information provided by you, you shall remain
solely responsible for your content and Web site.
MAILGOBLIN reserves the right to deem any site inappropriate and terminate the
site as an Affiliate of MAILGOBLIN and have the right to withhold commissions
earned on the platform.
MAILGOBLIN PAYMENTS AND FEES
A Merchant has the right to cancel any commissions to you within 30 days of
the transaction occurring, for any reason. All cancelled transactions will be
removed from your account immediately.
Any commissions earned will not normally be reversed / cancelled after the 30
day cancellation period; however in exceptional circumstances transactions may
be cancelled.
Your commission payments for the month will be calculated on or after the 15th
day of the calendar month following the month in which the commissions were
earned. A statement of activity will be issued to you (inclusive of VAT where
appropriate).
Payments will be made on or around the 20th day of each month.
The minimum payment amount is GBP 20.
Any commissions earned will be carried forward if you do not reach the minimum
GBP 20.
MAILGOBLIN reserves the right to withhold payment for any reason.
LIMITED WARRANTY
The Platform, its use and the results of such use are provided "as is."
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AFFILIATE SEEK
DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, AFFILIATE SEEK SPECIFICALLY DISCLAIMS
ANY WARRANTY (A) THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, (B)
THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL
COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E)
REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY.
LIMITATION OF LIABILITY
MAILGOBLIN OR ITS SUPPLIERS / RESELLERS SHALL NOT BE LIABLE TO YOU OR ANY OTHER
PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF
ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE MAILGOBLIN PLATFORM
OR ANY INFORMATION PROVIDED ON THE MAILGOBLIN WEB SITE OR ANY OTHER HYPER LINKED
WEB SITE, EVEN IF MAILGOBLIN OR A MAILGOBLIN AUTHORIZED REPRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY HYPER LINKED
WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO
YOU. IN SUCH JURISDICTIONS, AFFILIATE SEEK LIABILITY IS LIMITED TO THE SMALLEST
AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE
OR LIMITED REMEDY.
You agree that MAILGOBLIN is the neutral host of the Service and has no responsibility
or liability in relation to the arrangements that You enter into with Merchants
as part of Your use of the Platform. Merchants and Affiliate jointly and severally
agree to indemnify, defend, and hold harmless MAILGOBLIN and its affiliates,
officers, directors, employees and agents from and against any and all liability,
claims, losses, damages, injuries or expenses (including reasonable solicitor's
fees) directly or indirectly arising from or relating to any Offer or any other
matter related to this Agreement or the subject matter hereof and any dispute
relating thereto.
REPRESENTATIONS
MAILGOBLIN makes no representations whatsoever about any other Web site which
you may access through the Service. In addition, a link to a non- MAILGOBLIN
Web site does not mean that MAILGOBLIN endorses or accepts any responsibility
for the content or the use of such Web site.
TERM AND TERMINATION
This Agreement shall remain in effect until terminated. As an Affiliate This
Agreement may be terminated by MAILGOBLIN or you for any reason or no reason
upon five (5) days prior e-mail or written notice, or immediately upon notice
of any breach of the provisions of this Agreement. Upon termination, You shall
no longer be entitled to use the Platform.
FORCE MAJEURE
Neither party shall be liable hereunder by reason of any failure or delay in
the performance of its obligations hereunder on account of strikes, shortages,
riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental
action, labour conditions, earthquakes or any other cause which is beyond the
reasonable control of such party.
LEGAL TERMS
The Laws of England govern this agreement at all times. All parties are bound
to the jurisdiction of the English Courts for the settlement of any disputes
or claims that arise from participation in this service or in connection with
this agreement
CHANGES TO SERVICE
MAILGOBLIN reserves the right to change, modify, add or remove portions of this
Agreement at any time and may add to, change, suspend or discontinue any aspect
of the Platform at any time. In either such case MAILGOBLIN will notify Affiliates
via e-mail, newsletter or the MAILGOBLIN Web site of such changes, at which
time Members may either agree to such changes or withdraw from the Platform.
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