PURE123 Affiliate Program

This Affiliate Agreement ("Agreement") contains the complete terms and conditions between us, pure123.co.uk, .com, .info) and you, an affiliate "Affiliate", and the establishment of links from your Web site to our Web site, Pure123. You're agreement to become an affiliate ofPure123 constitutes your acceptance of the terms and conditions of this Agreement, and will be a legally binding agreement between you and us.

1. Affiliate Program Enrolment.
To become a participant in Pure123's Affiliate Program, you agree that your Web site does not include content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable. Such may include, but is not limited to, sites which contain:

1a. Sexually explicit, pornographic or obscene content (whether in text or graphics),

1b. Speech or images that are offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability or otherwise),

1c. Graphic violence (which may include certain types of game sites),

1d. Content related to liquor, tobacco, firearms, drugs, gambling, crime or death, any unlawful behaviour or conduct or controversial issues or political content.

1e. If we reject your application, you are welcome to reapply to the Affiliate Program at any time, provided, you alter your Web site to conform to the terms and conditions in this agreement and remove permanently (delete) all offending content.

2. Setting Up Links.
We will make available to you banner advertisements, button links to our Web site and/or text links to our Web site, which you may display on your Web site, provided you abide by the terms and conditions of this Agreement.

2a. In using the Links, you agree that you will cooperate fully with us in order to establish and maintain such Links.

2b. All Affiliate Web sites may display such graphic images prominently throughout your Web sites as you see fit and with our consent.

2c. A Link may only be modified with our express written consent.

2d. Each Link connecting users of your Web site to our Web site, will in no way alter the look, feel or functionality of our Web site. We have the right, in our sole discretion, to monitor your Web site from time to time to determine if you are in compliance with the terms of this Agreement.

3. Order Processing.
We will process orders placed by customers who follow the Links from your Web site to Pure123's Web site. We reserve the right, in our sole discretion, to reject orders that do not comply with the terms and conditions set out herein and other requirements which we may establish from time to time. All aspects of order processing and fulfillment and payment processing will be our responsibility. We will track the amount of sales generated by your Web site and will make this information available to you through your Affiliate Control Panel to permit accurate tracking, reporting, and fee accrual, you must ensure that the Links between your Web site and our Web site are properly formatted.

4. Commissions.
There is no fee to become a an affiliate it's completely FREE. We will pay you a commission on every sale from users of your Web site who place an order for domain names & hosting services on our Web site, utilizing the Links between your Web site and ours, for orders for which we have received full payment. Sales shall include those amounts received by us for the sale of products/services, less amounts collected by us for sales taxes, duties where applicable. A commission will only be paid if the visitor to our Web site is tracked by the system from the time of the Link to the time of the sale.

4a. For a sale to generate a commission, the customer must follow the Link from your Web site to our Web site, purchase a product/service in question using our online ordering system, and remit full payment to us.

4b No commission will be paid for purchases which are not paid for in full in line with our payment policy and methods, either cancelled payment or for which a credit is made to any customer.

4c. Pure123 also retains the right to review all commissions if we are informed or suspect possible fraud. Any incidence of fraud constitutes a breach of this Agreement, and Pure123 retains full authority to terminate this Agreement immediately.

4d You are not permitted to use Unsolicited Commercial Email "SPAM" to market or advertise the Pure123 products, SPAM is defined as any email sent to a consumer without their express permission, however

4e. you may market to your own "Opt-in" email lists (defined as the recipient has given you their approval/permission for you to send them commercial emails).

4f. Any affiliates found utilizing Spam methods will be immediately terminated from the affiliate program, and all commissions earned as a result of this form of advertising shall be revoked.

4g. Commission payments to you are made when your account reaches a level of £40 and are paid 2 months in arrears, payments are made by cheque and sent the the address we have on file. Commissions shown in your account do not earn interest. We reserve the right to deduct or request the return of monies paid in case of charge backs.

5. Policies and Pricing.
Customers who buy products/services through the Affiliate Program are customers of Pure123.. All Pure123 rules, policies, and operating procedures concerning customer orders, customer service, and sales applies to these customers. We may change our policies and operating procedures at any time.

5a. You may not include price information in your descriptions.

5b. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any product/service. Our own prices and Affiliate Program may vary from time to time. You will be informed of any changes in pricing structures in advance of their implementation if this affects your dealing with us.

6. How we use "cookies"
We use cookies to identify our Affiliate members so they don't have to enter a user ID and password upon each visit. We require that your Browser automatically accept cookies, however, you may modify security settings so you can approve or reject cookies on a case-by-case basis. Cookies do not expire

7. License and Use of Pure123 Logos and Trademarks.
We grant you a non-transferable, non-exclusive, revocable license to access our Web site through links established solely as set forth under the terms of this Agreement and

7a. solely in connection with such links, to use our logos, trade names, trademarks, service marks and similar identifying material (collectively, "Licensed Materials"), solely for the purpose of selling our products through the Affiliate Program from your Web site.

7b. You are not permitted to alter, modify or change the Licensed Material in any way whatsoever.

7c. You may only use the Licensed Materials to the extent we stipulate, and you are a registered member of the Pure123 Affiliate Program and remain in good standing.

7d. You may not use any Licensed Materials for purposes other than selling our Products.

7e. You are not permitted to use the Licensed Materials in any manner that is disparaging or that otherwise portrays Pure123 or anyone else negatively. We reserve all of our rights in the Licensed Materials and all other intellectual property rights, and

7f. we may revoke your license at any time by written notice to you at the email address we have for you shown in our records. Emails are deemed to have been delivered after 24hrs have elapsed if they are not returned as undeliverable by the automated postmaster system. You agree to keep your contact details up to date, any change should be made via the Pure123 control panel.

7g. You acknowledge that, except for the license expressly granted in this Agreement, you have not acquired and will not acquire any right, interest or title to the Links or the Licensed Materials by reason of this Agreement or through the exercise of any rights in the Links or the Licensed Material granted to you under this Agreement. This license shall run for a period of 12 calendar months from acceptance and shall automatically renew upon the effective date of the expiration unless you advise us in writing 15 days prior to termination, or alternatively we terminate this Agreement.

7h. The Affiliate may only market Pure123 products/services through Web sites on which the Company is the primary business entity or shareholder. No marketing or sales through third party Web sites will be allowed whatsoever.

7i. The use of Pure123 registered trademarks, including but not limited to its company and subsidiary names and any and all Product names, shall not be utilized in any Affiliate Web Site meta tags or descriptions for the purpose of directing traffic through search engines.

8. Use of Affiliates Logos and Trademarks.
Pure123 grant you a non-exclusive license to utilize Pure123 names, titles and logos, trademarks and service marks (collectively, "Affiliate Materials"), to advertise, market, promote and publicise in any manner under this Agreement.

8a. We will not in any way be required to advertise, market, promote or publicize your Web site.

8b. This license shall terminate upon the effective date of the expiration or termination of this Agreement subject to clause 9. of this agreement .

9. Obligations Regarding Your Web Site.
You will be solely responsible for the technical operation of your Web site and all related equipment; creating and posting the banners or links together with any descriptions we may provide you on your Web site and linking those descriptions to our web site, and the accuracy and appropriateness of materials posted on your Web site, and for ensuring that materials posted on your Web site do not violate or infringe upon the rights of any third party, and ensuring that materials posted on your Web site do not contravene copyright law or are in any way libelous or otherwise illegal.

9a. You agree that your Web site will not, in any way, copy or resemble the look and feel of our Web site nor will you create the impression that your Web site is our Web site or is a part of our Web site. You also agree that your Web site will not contain any content of our Web site or any materials which are proprietary to Pure123 . Except with our prior permission, or

9b. materials obtained by you via the Pure123 Affiliate Web site in accordance with the provisions and policies herein, you

9c further agree that your domain name does not and will not contain the words "Pure" Pure123, or any variation thereof. The use of any deceptively similar Web site addresses (URL's) to those used by Pure123 or its subsidiaries shall not be allowed.

9d. We disclaim all liability for such matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses without limitation relating to the development, operation, maintenance, and contents of your Web site.

10. Term.
The term of this Agreement will begin upon your registration for our Affiliate Program through the approved method and will end when terminated by either Party. At any time, either Party may terminate this Agreement, with or without cause, by giving the other Party written notice of termination via email. If this Agreement is terminated for any reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, commissions earned through to the date of termination will remain payable only if the related orders are not cancelled. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.

Upon the termination of this agreement for any reason, you will immediately cease use of, and remove from your Web site, all Links and Licensed Material and any other names, marks, symbols, copyrights, logos, fanciful or other characters, designs, representations, figures, drawings, photographs, ideas or other proprietary designations or properties owned, developed, licensed or created by us and/or provided by or on behalf of us to you pursuant to this Agreement or in connection with the Affiliate Program.

11. Changes or Modification.
We may modify any of the terms and conditions contained in this Agreement, at any time at our sole discretion by either posting a message on your affiliates control panel or sending you an email of a change notice or a new agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement, your continued participation in the Affiliate Program following our posting of a change notice or new agreement will constitute binding acceptance of the change.

12. Limitation of Liability.
We will not be liable for indirect, or consequential damages, or any loss of revenue, profits or data arising in connection with this Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages. Our total liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.

13. Relationship of Parties.
You and Pure123 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

13a. have no authority to make or accept any offers or representations on our behalf, and

13b. not make any statement, whether on your Web site or otherwise, that reasonably would contradict or breach this agreement.

14. Disclaimers.
We make no express or implied warranties or representations with respect to the Affiliate Program or any prize draws or other items sold through the Affiliate Program, or

14a. any implied warranties arising out of a course of performance, and web site usage. In addition, we make no representation that the operation of our Web site will be uninterrupted or error-free, and will not be liable for the consequences of any interruptions or errors.

15. Representations and Warranties.
You hereby represent and warrant to us the following:

15a. 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

15b. you are an adult of at least 18 years of age.

16. Confidentiality.
Certain parts of our Web sites, business and financial information is considered by us to be Confidential. For example, pricing and sales information that we may make available to members of the Affiliate Program which are not part of the public domain. Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose, except and solely to the extent that any such information is generally known or available to the public or if the same is required by law or legal process.

17. Indemnification.
You hereby agree to indemnify, defend and hold harmless Pure123 And it's parent company CTECK Limited its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expenses including legal fees and costs of any nature whatsoever incurred or suffered by us in so far as such Losses arise out of or are based on,

17a. any claim or threatened claim that use of the Affiliate Materials infringes on the rights of any third party or the breach of any representation or warranty made by you herein, or

17b. any claim related to your Web site.

18. Entire Agreement.
The provisions contained in this Agreement constitute the entire agreement between the parties with respect to the subject matter of this Agreement, and no statement with respect to matter herein by any Party which is not contained in this Agreement shall be valid or binding between the Parties.

19. Your Acceptance
You acknowledge that you have read this Agreement, have had an opportunity to consult with your own legal advisors if you so desired, and agree to all its terms and conditions.

20. Competition
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 enter into agreements with Web sites that are similar to or competitive with your Web site. You have independently evaluated the desirability of participating in the Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.

21. Assignment
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. This agreement is enforceable against the Parties and their respective successors and assigns

22. Miscellaneous.
This Agreement will be governed by English law without reference to rules governing choice of laws where the Affiliate member resides outside the use or scope of English law the law of the specific country may be substituted provided it is not in conflict with this agreement, and you irrevocably consent to the jurisdiction of such courts.

22a.Our failure to enforce 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.

22b. The position and numbering of the clauses in this agreement does not signify priority of one clause over any other clause if any clause is deemed inappropriate by a court then all other clauses/provisions remain actionable.

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