Terms Of Service

Thanks Darling Ltd Affiliate Network Service Agreement

To be a member of Thanks Darling Ltd you agree to abide by the terms and conditions contained in this Service Agreement. Please read this agreement carefully before registering and using the Thanks Darling Ltd Affiliate Network service. By completing the signup page and using the Thanks Darling Ltd Affiliate Network service you indicate your acceptance of this Agreement and its terms and conditions. If you do not accept this Agreement, do not use the Thanks Darling Ltd Affiliate Network service.

This Service Membership Agreement (the "Agreement") is made by and between

Thanks Darling Ltd
Unit 3, Omega Works,
Roach Road,
Fish Island,
London
E3 2PD

and you, as user of the Thanks Darling Ltd service ("You" or "Member").

DEFINITIONS

"Affiliate Partner", "Partner" means a site that is rewarded for placing Merchants links on its site.

"Member" means a Merchant or Affiliate Partner that uses the Service. A Member may use the Service as a Merchant, an Affiliate Partner or both.

"Link" means a hyperlink placed on an Affiliate Partner's site that, when clicked on, serves a Merchant's Web page to the user's browser. The Affiliate may be in the form of text, a button, a banner or any other acceptable Affiliate format.

"Visitor" means any person, Web surfer or user that clicks on a Merchants Affiliate placed on an Affiliate Partner's site.

"Valid Click" is a click from an Affiliate Partner's site to a Merchant site that results in the Merchant Web page being viewable to the visitor. A click is deemed valid by the Thanks Darling Ltd system when it meets certain criteria as defined on the Web site or in this agreement, and which may change from time to time.

THE SERVICE

You may place and remove Thanks Darling Ltd Links on your site as you wish.

Thanks Darling Ltd will provide email support for the Service.

CHANGES TO THE SERVICE

Thanks Darling Ltd reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Service at any time. In either such case Thanks Darling Ltd will notify Members via e-mail, newsletter or the Thanks Darling Ltd Web site of such changes, at which time Members may either agree to such changes or withdraw from the Service.

COMMISSION PAYMENTS AND FEES

All commission payments will be calculated in the base currency of GBP

The percentage commission will be based on the Net value of the order

Commission payments are made on the 25th day of each month for sales generated within the previous month. The minimum commission payment amount is £15 (GBP) when receiving commission by BACS (available in the UK only) or PayPal (Worldwide) and £40 by cheque (usually used for payments outside the UK)
Money credited to your account does not accrue interest.

REGISTRATION

To sign up as a Member of Thanks Darling Ltd and to use the Service as an Affiliate Partner you must be at least 18 (eighteen) years of age.

You agree that you have read the documentation for the Service and understand its features and rules. As part of the registration process, you will select an email and password combination that you use to access your Member area within the Service. You shall provide Thanks Darling Ltd with accurate, complete and updated registration information. You may not select the name of another person with the intent to impersonate that person or deceive Members or other users as to your true identity.

You agree that Thanks Darling Ltd may rely on any data, notice, instruction or request furnished to Thanks Darling Ltd by You which is reasonably believed by Thanks Darling Ltd to be genuine and to have been sent or presented by a person reasonably believed by Thanks Darling Ltd to be authorized to act on your behalf. You shall notify Thanks Darling Ltd by e-mail at abuse@thanksdarling.com of any known or suspected unauthorised uses of your account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your email and password. You shall be responsible for maintaining the confidentiality of your email and password and you are responsible for all usage and activity on your account, including use of the account by a third party authorised by you to use your account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by Thanks Darling Ltd and referral to the appropriate authorities in the relevant country.

ACCEPTED USE OF THE SERVICE

You represent to Thanks Darling Ltd that all content you provide to the Service is solely owned by you or provided by you with the express authority of the company you represent, does not infringe upon any other individual's or organisation's rights (including, without limitation, intellectual property rights) and is not defamatory, libellous, unlawful or otherwise objectionable.

You shall not provide, promote, distribute, place or otherwise publish as a Member of the service any content, or Web site that includes content, which is libellous, defamatory, obscene, pornographic, abusive, fraudulent or violates any law. As Thanks Darling Ltd may not review all information provided by you, you shall remain solely responsible for your content and Web site.

Thanks Darling Ltd reserves the right to deem any site inappropriate and terminate the site as an Affiliate Partner of Thanks Darling Ltd Affiliate Network service. If you are terminated from the Service, Thanks Darling Ltd has the right to withhold money you earned within the Service.

LIMITED WARRANTY

The Service, its use and the results of such use are provided "as is." TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Thanks Darling LTD DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE, ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, Thanks Darling LTD SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

Thanks Darling LTD OR ITS SUPPLIERS OR RESELLERS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE Thanks Darling LTD SERVICE OR ANY INFORMATION PROVIDED ON THE Thanks Darling LTD WEB SITE OR ANY OTHER HYPER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF Thanks Darling LTD OR A Thanks Darling LTD AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY HYPER LINKED WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, Thanks Darling LTD LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.

You agree that Thanks Darling Ltd is the neutral host of the Service and has no responsibility or liability in relation to the arrangements that You enter into with Merchants as part of Your use of the Service. Merchants and Affiliate Partner jointly and severally agree to indemnify, defend, and hold harmless Thanks Darling Ltd and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable solicitor's fees) directly or indirectly arising from or relating to any Offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.

REPRESENTATIONS

Thanks Darling Ltd makes no representations whatsoever about any other Web site which you may access through the Service. In addition, a link to a non-Thanks Darling Ltd Web site does not mean that Thanks Darling Ltd endorses or accepts any responsibility for the content or the use of such Web site.

TERM AND TERMINATION

This Agreement shall remain in effect until terminated. As an Affiliate Partner This Agreement may be terminated by Thanks Darling Ltd or you for any reason or no reason upon five (5) days prior e-mail or written notice, or immediately upon notice of any breach of the provisions of this Agreement. Upon termination, You shall no longer be entitled to use the Service.

NONASSIGNABILITY

Neither the rights nor the obligations arising under this Agreement are assignable or transferable by you, and any such attempted assignment or transfer shall be void and without effect. Thanks Darling Ltd may assign this Agreement to any successor, affiliate or assign.

FORCE MAJEURE

Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labour conditions, earthquakes or any other cause which is beyond the reasonable control of such party.

LEGAL TERMS

The Laws of England & Wales govern this agreement at all times. All parties are bound to the jurisdiction of the English Courts for the settlement of any disputes or claims that arise from participation in this service or in connection with this agreement