Terms and Conditions
By signing up as an affiliate with HypnoShop.com, you agree to the following terms of service.
This agreement governs your use of the HypnoShop.com affiliate program. This agreement, together with any such additional term and conditions, are referred to as the “Agreement”. HypnoShop.com is wholly owned by New Way Productions Limited. Unless the context states otherwise, New Way Productions Limited / HypnoShop.com shall be referred to as "us, we, or our" and you shall be referred to as "you, your or affiliate."
We reserve the right to change the terms and conditions of this agreement as needed. Your continued use of the service constitutes your acceptance of these terms and conditions. If at any time the terms and conditions of this agreement are no longer acceptable to you, you should immediately cease all use of the service.
Requirements to Join
It does not cost anything to join the HypnoShop.com affiliate program.
We reserve the right to reject any web site if we determine, in our sole discretion and following our review of your site, that your site is unsuitable for any reason, including, but not limited to, inclusion of content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable, or that includes or promotes sexually explicit materials, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
We will evaluate your application in good faith and will notify you of your acceptance or rejection. Please note that we are only likely to approve web sites with complementary content and visitor demographics.
Promotion
Upon your acceptance to the affiliate program, you will be given access to promotional material. You may display these anywhere on your site. The content offered, including text, images, audio and video files, must be used 'as-is', without material alteration and must incorporate an affiliate link to HypnoShop.com.
The use of HypnoShop.com materials other than those provided to affiliates in the affiliate area is forbidden, except as agreed in writing (including email) between the parties.
Title, ownership, and content shall remain the property of New Way Productions Limited and is protected by International Copyright Law. You are responsible for ensuring that your advertising obeys all applicable copyright and trademark laws. We are not responsible for affiliate's misuse of any copyrighted material.
As an affiliate you agree to promote HypnoShop.com in a manner that is not unethical or inappropriate. You may not, at any time, use any link to HypnoShop.com in any unsolicited email promotion, also known as SPAM. You shall at all times comply with all local and international email, fax broadcast and telemarketing laws. Should action be brought against us for such activity by the affiliate, the affiliate agrees to bear all costs and penalties associated with such activity including, but not limited to our legal costs for any alleged infraction of these laws.
We encourage responsible opt-in permission email marketing. Email recipients must have visited your web site and specifically requested to be placed on your mailing list. One definition of spam is "Sending any e-mail on any subject to anyone or any organization that has not requested this information specifically by requesting it directly or by giving their permission for you to send them information". If you are at all unsure, then don’t do it because you may be subject to fines and legal actions as a result of such activities. YOU HAVE BEEN WARNED!
In addition, you may not directly or indirectly offer any person or entity any consideration or incentive, including, without limitation, payment of money (including any rebate), or granting of any discount or other benefit for using the affiliate links on your site to access our site (e.g., by implementing any "rewards" program for persons or entities who use special links on your site to access our site).
Tracking
Our affiliate tracking system is incorporated into our shopping basket system. This system uses cookies to track referrals. Cookies will remain active for 365 days.
To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special "tagged" link formats to be used in all links between your site and our site. You must ensure that each of the links between your site and our site properly utilizes such special link formats. You will earn referral fees only with respect to activity on our site occurring directly through these links.
Commission and Payment
Affiliates are paid 40% commission for each sale generating from customers they successfully referred to us via their affiliate links. Incentive schemes and bonus payments may also be made periodically.
The commission is earned on the total sale price after any tax deductions and any applicable shipping charges. Sales tax (VAT) of 17.5% is applied to all orders from countries within the European Union (EU) and shall be automatically deducted by us before paying any commission to affiliates. Commission is not earned on shipping costs for CD orders because our shipping costs are non-profit making.
Affiliates will be paid by us on or around the 15th of every month. Payments are made via PayPal.com. Payment shall be made in GBP (UK Pound Sterling).
We reserve the right to reject any order that does not comply with our policy. We will recoup the commissions from affiliates by deducting from your affiliate account, on any sale which later results in a chargeback or refund to the customer. Higher than average returns from customer referred by you will result in an investigation and the possible termination of our agreement.
Relationship
New Way Productions Limited and you the affiliate are entering into a simple business agreement in the best interests of both parties. New Way Productions Limited and you the affiliate are independent contractors, and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship, or the relationship of principal and agent between the parties. All copyrighted material and trademarked names and logos used in accordance with this agreement remain the exclusive intellectual property of New Way Productions Limited. No transference of intellectual property ownership or conveyance of rights is intended or conferred in this agreement.
Termination
We will terminate your account if there is any violation of the above email promotion provision or of any law relating to email promotional activities, our copyright or other legal rights, including conduct that may bring us into disrepute or any other section of these terms and conditions is grounds for immediate removal from the program.
Deliberate breach of these terms and conditions shall invalidate this agreement and render the affiliate ineligible to receive any payments. It is your responsibility to ensure that you comply with these terms and conditions at all times.
Disclaimer
To the fullest extent permitted at law, we are providing this site and its contents on an ‘as is’ basis and make no (and expressly disclaims all) representations or warranties of any kind with respect to this site or its contents. Including, without limitation warranties of merchantability and fitness for a particular purpose, in addition, we do not represent or warrant that the information accessible via this site is accurate, complete or current.
You understand that New Way Productions Limited does not guarantee or predict any type of profit or response from this affiliate program. Except as specifically stated on this site, to the fullest extent permitted at law, neither New Way Productions Limited nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site.
You agree to hold New Way Productions Limited harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which New Way Productions Limited may become subject arising out of or relating in any way to the use of the services provided under this agreement, including, without limitation, in each case attorneys' fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.
We reserve the right to make changes to this affiliate agreement as and when necessary. Affiliates will be notified seven days in advance via email. Thank you for taking the time to read this document.
I have read and understood above terms and conditions and I by signing up I agree to abide by these terms and conditions, as set out in this agreement.
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