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Affiliate Operating Agreement
This Agreement contains the complete terms and conditions that apply to an individual's or organization's participation and involvement in the Trigafilms.com Affiliates Program (hereto referred to as 'Program'). As used in this Agreement, 'we' means Trigafilms.sl., and 'you' means the applicant. 'Site' indicates a World-Wide Web site and, depending on the context, refers either to trigafilms.com's site or the site that you will link to our site.
Commissions
We will pay you referral fees based on sales within a monthly period that starts with the first day of each month and ends with the last of said month. The form, content, and frequency of sales reports to Affiliates may vary at our discretion. To permit accurate tracking, reporting, and commission accrual, you must ensure that the special links between your site and our site are properly formatted. We will pay you commissions on a monthly basis. Every month we will send you a cheque for the commissions earned on referred sales (which does not include any amounts that must be paid out to third parties for goods or services not originating with Trigafilms). If any of the sales generated by your referral are refunded on behalf of the customer, we will deduct the corresponding commission from your next monthly payment. If there is no subsequent commission, we will send you a bill for the balance. All payments made by Trigafilms.SL require an invoice from the applicant trading for sales generated. No payments will be made until a correct and full invoice has been raised from the applicant in regards to the sales they/you made.
Policies & Pricing
Customers who purchase services through this Program will be deemed to be customers of trigafilms.com. As such, we may change our policies and operating procedures at any time with or without consent of any individual affiliate or group of affiliates. Procedures include but are not limited to pricing, availability, site content and product nature. We cannot guarantee the availability or price of any particular product.
Affiliate Identity and Branding
The content and/or design of your site may not be of a nature that we deem misleading or misrepresentative of your participation in this program. We may modify the content or images we provide you with at any time at our discretion. You may not modify said content or images in any way without written approval from trigafilms.SL. We reserve all of our rights in the icon, the message, any other images, our trade names and trademarks, and all other intellectual property rights. You agree to follow these Trademark Guidelines, as those may change from time to time. We may revoke your affiliate ID at any time by giving you written notice.
Responsibility & Liability
You will be solely responsible and liable for the development, operation, and maintenance of your site and for all materials that appear on your site. In addition, we will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
Terms of the Agreements
The terms of this Agreement will begin upon our acceptance of your Program 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 written notice of termination. You are only eligible to earn commissions on referred membership sales occurring during the term, and commissions earned through the date of termination will remain payable only if the related sales are not cancelled or refunded. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
Mutability of Agreement
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available commissions, payment schedules, payment procedures, and program rules. If any modification or change is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the program following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change.
Affiliate Relationship
Nothing in this Agreement will create or constitutes any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority or basis to make representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
Disclaimers
We make no express or implied warranties or representations with respect to the Program. 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.
Acknowledgement
By clicking on the link below marked 'Sign Up,' you acknowledge that you have read this agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this agreement or operate web sites that are similar to or compete with your web site. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.
Miscellaneous
This Agreement will be governed by the laws of the United Kingdom and the EU, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the English and EU courts, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement
Minimum Sales Requirements
Trigafilms will not issue affiliates checks for less than £100. if your sales are less than this amount in any given month Trigafilms will carry the amount over until this figure is reached.
Own Sales
If for any reason we believe that an affiliate link has been set up for the sole purpose of supplying only yourself or for supply of purchasing product for selling on or wholesale activity's your account will be terminated and monies due will not be paid.
Paid For Ad Words
Affiliates wishing to place pay per click ad word advertising on such sites as Google, Overture etc cannot claim to be 'Official Sites' or use The Triga brand name in any of the ad word headings on these style of advertising. Any affiliate link found to be claiming to be 'The Official Site/Store' will be terminated without notice.
Non Sales usage
If you have not logged in or used your account for a period of three months then we reserve the right to remove your account and reassign your affiliate id to another organisation.
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