This Agreement contains the Terms and Conditions that apply to an individual's
or entities participation in Exercise.co.uk's Affiliate Scheme (the "Scheme").
As used in this Agreement, "we" means EFL (Exercise.co.uk) and "you" means the
Applicant. "Site" means a World Wide Web Site located at the
URL http://www.exercise.co.uk
Enrollment in the Scheme
An application to join the EFL Affiliate Scheme is accepted in good
faith on the proviso that your web site is not unsuitable for the
Scheme. Unsuitable sites include those that:
- promote sexually explicit materials
- promote violence
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
- promote illegal activities
- otherwise violate intellectual property rights
All sites will be reviewed on a regular basis and should it be
determined (in our sole discretion) to be unsuitable for the Scheme,
we may terminate this Agreement and withdraw your membership of the
Scheme
Product Links on Your site
You may select one or more Products to list on your site. A "product"
is any product listed on our site with the appropriate link code.
For each selected Product shown on your site, you will display the
content and details as set out and given each product on our site.
Each product link will connect to a single item in our online catalogue.
You may add or delete Products from your site at any time without our
approval. No amendments, additions or alterations must be made to the
details given with each Product used.
Order Processing
We will process Product orders placed by customers who follow the
Special Links from your site to our site. We reserve the right to
reject orders that do not comply with our normal Trading Terms and
Conditions or any other requirements we may establish periodically.
We will be responsible for all aspects of order processing and fulfilment.
Qualifying Product
Products that are eligible to earn commission are referred to as
Qualifying Product. For a product sale to be eligible for commission
the customer must click-through a Special Link from your site to our
site. We will only pay commission on such Products after order,
payment and shipping have been confirmed and after the 7 day return
period as laid down in the EEC Regulations for Direct Selling.
Qualifying Revenue
This is revenue by us from sales of Qualifying Products, excluding costs
for any additional carriage, small order charges and any other special
charges that are made in accordance with our normal terms of trading.
The current commission rate is 5% of Qualifying Revenue from sales of
all Qualifying Products (except as noted above).
The commission shown as earned will be inclusive of VAT where appropriate.
Additional rates may be introduced from time to time at our
discretion without prior notice.
Commission Payment
We will pay commission on a monthly basis. All payments will be made
approximately 30 days following the end of the qualifying month.
We will send you a cheque for the commission earned or a statement
of account if you wish us to hold the commission due against future
personal purchases.
VAT
As the commission is calculated automatically on the price shown on the
site VAT has already been included in the amount payable. If you are
VAT registered you must notify us by email of your VAT number once you
have registered with the Scheme. The statement of commission will
show the breakdown between net commission and vat at the rate
currently applicable.
Policies And Pricing
Customers who buy products through this scheme will be deemed to be
customers of EFL (Exercise.co.uk). Accordingly, all EFL's rules,
policies and operating procedures concerning customer orders, customer
service and product sales will apply to those customers. We may change
our policies and operating procedures at any time. For example, we
will determine the prices to be charged for products sold under this
scheme in accordance with our own pricing policies. Product prices
and availability may vary from time to time. Any price changes will
automatically update any links. We will use every reasonable effort
to present accurate information but cannot guarantee the availability
or price of any particular product.
Limited Licence
We grant you a nonexclusive, revocable right to use the graphic images
and text described in Section 2. You may not modify the graphic image
or text in any way. We reserve all of our rights in the graphic image
and text, any other images, our trade name and trademarks, and all
other intellectual property rights.
Responsibility For Your Site
You will be solely responsible for the development, operation and
maintenance of your site, and for all materials that appear on your
site. We disclaim all liability for any details contained thereon other
than those provided by ourselves through the Special Link. Further,
you will indemnify and hold us harmless from claims, damages and
expenses relating to your site.
Term of the Agreement
This agreement will begin upon your acceptance of the Terms and
Conditions of the Affiliate Scheme and will continue for as long as the
product chosen is available, your site continues to qualify (except as
stated in Section 1) or until we terminate your participation in the
Scheme. Notice of termination by us will be sent by email at the
earliest opportunity.
Miscellaneous
This Agreement will be governed by UK law and applies to the
applicant of the scheme and EFL only.
