This statement sets out the affiliate program terms and conditions of this website and all other websites directly owned or operated by Nicholas Nixon or Clockwork Limited or Gridline Marketing Limited or otherwise associated with any of the three aforenamed entities, unless an alternative statement is shown on the relevant website, in which case the alternative statement shall prevail.
Clockwork Limited is a New Zealand company. Registration Number 2383317.
Gridline Marketing Limited is a New Zealand company. Registration Number 7773236.
By joining our affiliate program you are acknowledging that you have read these terms and conditions, that you understand them, and that you agree to accept them.
Effect of This Agreement
These terms will come into effect upon your joining our affiliate program and they will end if and when your affiliate account is terminated. The terms of our affiliate program may be modified by ourselves at any time and if any modification to the terms is unacceptable to you, you should close your affiliate account. Your continuing participation in the program will constitute your acceptance of any change.
Joining The Program
Upon completing the signup process, and if accepted by ourselves, you will become an affiliate and become bound by the terms of this agreement. Your participation in the program is solely for this purpose: to legally advertise our website and/or its products or services in order to receive a commission on products or services purchased by your referred individuals.
Compliance
It is understood that you will introduce our products and/or services to your current and prospective customers and that you will comply with all laws including anti-spam laws and those that govern email marketing. You agree never to publicise ourselves, our website or its products in any form of spam mail.
We will pay you a commission per purchase by each customer referred using your affiliate code according to our designated payment schedule. We reserve the right to accept or reject any prospective customers.
Affiliate Relationship
Your affiliate relationship with ourselves is that you are an independent contractor, responsible yourself for all of your operating expenses and other costs. We will not be liable for any indirect, special or consequential damages arising in connection with this program and our aggregate liability arising with respect to this program will not exceed the total referral fees paid or payable to you. We make no express or implied warranties or representations with respect to the program. In addition, we make no representation that the operation of the service will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Affiliate Links
You may use graphic and text links on your website, in emails and in other appropriate marketing methods. Our website(s) may also be advertised ‘offline’ in classified advertising such as in magazines, newspapers etc. You may use any graphics and text that we may provide to you, or you may create your own graphics which MUST BE APPROVED by ourselves before being put to use.
Affiliate Tracking
When a prospective customer clicks to our website through your affiliate link, a cookie is set in their browser that contains your affiliate identity. In addition, their IP address is tracked in the database along with your affiliate identity. When this person decides to buy a product, the script will look for this cookie and/or try to match their IP address to identify the affiliate who will be awarded the commission. Visitors sent through your affiliate link may make a purchase later in time and the commission will still be awarded if the cookie is present in their browser and providing they are using the same IP address as the one logged in the database.
Revocation of Affiliate Status
Your affiliate application and membership of this program may be suspended or terminated by ourselves for any appropriate reason including, but not limited to:
- Inappropriate advertisements such as false claims, misleading hyperlinks etc.
- Illegal spamming including mass email, mass newsgroup posting, etc.
- Advertising on websites containing or promoting illegal activities.
- Violation of any intellectual property rights.
- Poor or lack of performance resulting in your inability to refer business to our website.
Termination of Agreement
Either you or we may terminate the affiliate relationship at any time. You are only eligible to earn affiliate commissions during your time as an approved affiliate. We may change the program or service policies, commission rates and operating procedures at any time.
Violation of These Terms and Conditions
Violation of any these terms and conditions may result in the immediate termination of our affiliate relationship. In the event of such termination, all unpaid commissions will be forfeit.
Liability
We will not be liable for any direct, indirect or accidental loss or damage due to affiliate tracking failures, loss of database files, and any results of “intents of harm” to the program or our website. We do not make or imply any warranties with respect to our affiliate program and/or our products sold on this website. We make no claim that the operation of the affiliate program and our website will be error-free and we will not be liable for any interruptions or errors.
Disputes and Applicable law
You agree to use binding arbitration for any claim, dispute, or controversy of any kind (whether in contract, tort or otherwise) arising out of or relating to your participation in our affiliate program. You agree that any such arbitration will take place in and be subject to the laws of New Zealand. You further agree that in the event that you should be the prevailing party in any such action, you shall bear the cost of your own legal fees and other expenses. Notwithstanding anything stated herein to the contrary, we reserve the right to litigate you in a court of law in the jurisdiction of our choice.
Acknowledgement
By submitting your application, you acknowledge that you have read these terms and conditions, that you understand them and that you agree with them.
Changes to these terms and conditions
We reserve the right to change these terms and conditions at any time and without notice in order to further protect you and ourselves and/or to comply with relevant changes in international laws.
If we should decide to change these terms and conditions, we may post notice of such change(s) on our website(s) and blogs but at all times it shall remain your responsibility to frequently check this page for any changes or updates. You should always presume that no notice of change will be given before or after any updates of these terms and conditions.
In all cases, your continued use of our website, services, and products after any change to these terms and conditions will constitute your acceptance of such change(s).
Questions
If you have any questions regarding these terms and conditions, please contact us at:
PO Box 355
Martinborough 5741
New Zealand
Email: Via the contact form on our relevant website
Telephone: +64 21 187 3223
These terms and conditions were last updated on 25th May 2018