This Agreement sets forth the terms and conditions under which Global Network Services Ltd (“GNS”) makes the My Private Network Affiliate Programme (“Programme”) available to you. By becoming an affiliate you expressly agree to be bound by and follow all terms and conditions set forth in this Agreement.
We reserve the right to modify add or delete any of the terms and conditions contained in this Agreement, at any time and at our sole discretion. If any modification is unacceptable to you, your only recourse is to terminate this Agreement and your participation in the Programme. Your continued participation in the Affiliate Programme following posting of a change notice or new agreement on our website will constitute binding acceptance of the changes.
We may reject your application or cancel your membership in the Programme if we determine that your organization or website is not suitable for the Programme or have violated the spirit of the Programme. You agree to only promote the Service for lawful purposes. This means that you agree not to promote the use of the service for transmitting or receiving any illegal, harmful, threatening, abusive, harassing, defamatory, obscene, sexually explicit, profane, violent, racially or ethnically disparaging remarks or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law.
You, the affiliate, agree not to:
1. Engage in any ‘SPAM’ campaign or inappropriate newsgroup posts featuring the GNS / MPN name or website.
2. Misrepresent GNS or the Programme in any way.
3. Misrepresent your Affiliate relationship with GNS.
4. Present yourself as to be linked in any way with GNS other than as an affiliate.
5. Violate any of our intellectual property rights, copyright, trademarks or those of any third party.
6. Promote misleading or false information about any aspect of our service.
You may not use the affiliate programme for your own personal account with My Private Network to affect a discount on a subscription. The affiliate programme is intended as an incentive for 3rd parties to recommend and promote our service.
GNS will terminate your agreement immediately and cancel all unpaid referral fees if you violate the above conditions. All complaints will be reviewed on a one-to-one basis and we will be the final arbiters on what constitutes abuse.
GNS will process payments to affiliates at the end of each month following the original payment. Payments will be made via PayPal with any fees being borne by the affiliate, subject to a minimum payment amount of £20.
This Agreement will become effective upon registration in the the Programme and ends when terminated by either party in accordance with this Agreement. This Agreement may be terminated:
By GNS, with or without cause, and with or without notice to Affiliate.
By the Affiliate, with or without cause, by removing any links to the Website, and notifying GNS of its intention to terminate the Agreement.
Upon termination or expiration of the Agreement:
Affiliate shall immediately remove any links to the Website.
GNS will pay the Affiliate any accrued and unpaid Fees.
GNS 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 Affiliate Network, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Programme will not exceed the total commissions paid or payable to you under this Agreement.
GNS make no representation that the operation of the Website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
For the purposes of this Agreement you are considered independent contractors and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, employment or any other relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf.
The Affiliate shall not create, publish, distribute, or permit any written material that makes reference to GNS or My Private Network without first submitting such material to us and receiving written consent.
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 be enforceable against the parties to this Agreement and their respective successors and assigns.
You acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this programme and are not relying on any representation, guarantee or statement other than as set forth in this agreement.
This agreement, and our other agreements and policies posted on my-private-network.co.uk’s web site constitute the entire agreement between you and GNS with respect to your use of the Affiliate Programme. GNS may revise, amend, or modify the agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted on the web site: (www.my-private-network.co.uk) and/or on your start pages and/or by email and/or in our various publications and mailings to you. This agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of GNS.
You may not assign your rights or delegate any of your duties under this agreement without the prior written consent of GNS, and any attempted assignment or delegation without such consent shall be void. If one or more provisions of this agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. GNS will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of GNS as reflected in the original provision. Nothing in this agreement or in the understanding of the parties construes upon the parties the status of agency, partnership, or other form of joint enterprise between the parties. GNS may subcontract any work, obligations or other performance required of GNS under this agreement without your consent.
You shall indemnify and hold GNS harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), legal fees and expenses that GNS may sustain or incur by reason of any breach or alleged breach of any term or condition of this agreement, the acceptable use policy, and GNS’s other agreements and policies and for any act or omission of you or your clients which are in any way related to the GNS service.