Terms of Agreement
This Agreement contains the complete terms and conditions that apply to your participation as an Affiliate of kashflow.com. As used in this Agreement, “we” or “us” means KashFlow Software Limited, “you” or “your” or “our” means the applicant.
This is a legal agreement between you and KashFlow Software Limited. By joining the Affiliate Scheme you are stating that you have read and understand the terms set forth herein and are indicating your acceptance of this affiliate agreement and you agree to be bound by the terms hereof.
1. Order Processing
We will be responsible for providing all information necessary to allow you to make appropriate Links from your site to our site. We will process orders placed by customers who follow the Links from your site to our site or have entered your unique promotional code. We will be solely responsible for all aspects of order processing and fulfilment, including order entry, payment processing, cancellations and related customer service. We will track the volume and amount of sales generated by your site and will make reports, summarizing this sales activity, available to you through our site. The form, content and frequency of the reports may vary from time to time in our discretion. To permit accurate tracking, reporting and fee accrual, you must ensure that the Links between your site and our site are properly formatted.
2. Referral fees
We will pay you referral fees of £2 per confirmed monthly subscription. Only subscriptions that have received full payment will qualify for a referral fee. A referral fee will only be paid if the visitor to our site is tracked by the system from the time of the Link to the time of the sale. No referral fee will be paid if the visitor to our site cannot be tracked by our system. KashFlow Software Ltd will send a referral fee cheque for the applicable referral fees on the twenty eighth day of each month for the activity from the previous month if the amount due is equal to or greater than £50.
3. Confirmed Subscription
Currently, the value of a confirmed subscription via the affiliate program is £14.99 plus VAT per month instead of the full price of £15.99 plus VAT. Affiliates will receive a payment commission of £2 per confirmed and paid for subscription per month. The commission will be credited to your Affiliate account every month when the user renews their subscription.
VAT will also be added to the commission where a valid VAT registration number is provided.
4. Tracking of Sales
The Participant will be solely responsible for ensuring that all links and promotional coded are formatted properly and unaltered. This is a necessary prerequisite to tracking signups and subscription through the affiliate management solution. Statements of click through, sign up and confirmed subscriptions will be provided to the Participant in real time for the special URLs and promotional code that they are assigned. You may add as many links, or remove such links, at anytime and without prior approval from us.
5. Policies
KashFlow policy applies to all orders: Every customer who buys a product through this program is deemed to be a customer of KashFlow. The Participant does not have the authority to make or accept any offer on behalf of KashFlow. All KashFlow policies regarding customer orders, including pricing and problem resolution, will apply to these customers. KashFlow is not responsible for any representations made by the Participant that contradict our policies.
We adhere to a zero-tolerance spam policy and reserve the right to take legal action against participants who spam. You may not promote KashFlow with spam. If your account is cancelled for using spam or any other unethical or potentially damaging methods of promotion, your license to promote KashFlow will be permanently revoked and all commissions due to you will be forfeited.
‘Spam’ is defined as one or more commercial or non-commercial unsolicited electronic messages. You may not reference our or your KashFlow address or promotional coded in any unsolicited electronic messages. You may not do anything that would cause people to complain about your advertising practices.
This includes so-called ‘targeted’ mailing lists. If you do not receive explicit permission to send email to everyone on your list, then you are in violation of this policy. You may not cause any messages to be sent to anyone unless they explicitly ask for said message.
6. Pricing and availability
We reserve the right to change subscription prices from time to time. In case of any price discrepancies, the price charged to the customer will always be the price listed in your affiliate centre.
7. Copyrighted and Trademarked material
You are solely responsible for ensuring that your reviews, product descriptions and articles (if applicable at your site) obey all applicable copyright, trademark, and other laws. KashFlow will not be responsible if you use another party’s copyrighted or trademarked material in violation of the law.
8. Term of the Agreements
The term of this Agreement will begin upon our acceptance of your Affiliate Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your address on our records, is considered sufficient notice to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement or if this Agreement is terminated for any other reason, you are only eligible to earn a referral fee on sales occurring during the term of the Agreement, and referral fees earned through the date of termination will remain payable only if the related orders are not cancelled or returned. We reserve the right to withhold your final payment for 60 days to ensure that the correct amount of commission is paid.
9. Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion.
10. Relationship of Parties
You and KashFlow are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on KashFlow’s behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
11. Limitation of Liability
We will not be liable for indirect, incidental, special, or consequential punitive or multiple damages, including without limitation any damages resulting from loss of use, loss of business, loss of revenue, loss of profits, or loss of data, arising in connection with this Agreement or KashFlow’s performance of services or of any other obligations relating to the Agreement, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement will not exceed the total commissions paid or payable to you under this Agreement. The foregoing limitation of liability shall apply regardless of the cause of action under which such damages are sought.
12. Disclaimers
We make no express or implied warranties or representations with respect to the KashFlow system or website (including, without limitation, warranties of fitness for a particular purpose, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
13. Representations and Warranties
You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power have been duly authorized by all requisite action on your part require the approval or consent of no other persons and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you.
14. Indemnification
You hereby agree to indemnify, defend and hold harmless KashFlow Software Ltd its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, demands, losses, liabilities, damages or expenses (including attorneys’ fees and costs) of any nature whatsoever incurred or suffered by us (collectively the “Losses”), in so far as such Losses (or actions in respect thereof) arise out of, are related to, or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party (ii) the breach of any representation or warranty made by you herein or (iii) or any claim related to your site.
