Already an Affiliate
Why not check out our eInsurance sites
    |
|
|
Affiliate FAQ | Terms and Conditions | Sample banners
eMarketing Limited, registered in England and Wales. Registration number 5602909. Registered office: 21 St. Thomas Street, Bristol BS1 6JS
The individual or company identified in the enrolment form submitted via the eGroup affiliate sign up page, and/or any agency or network acting on its (or their) behalf, which shall also be bound by the terms of this Agreement.
The agreement between You and eGroup, consisting of these Terms and Conditions.
The eGroup Affiliate program, as defined herein.
Advertisements and/or banners served by eGroup, or provided by eGroup.
Web site designated by You and registered as specified in section 2.
The eGroup web page accessed by an end user after clicking on an Ad.
The revenue earned, during any month, by You, in accordance with Section 7, will be paid to You within 30 days of such month’s end. The preferred method of payment shall be by BAC's payment, but payment may be made by a different method at eGroup’s discretion.
This form of remuneration replaces all previous methods of calculation of revenue, as from 1st October 2006.
Participation in the Program starts after Your registration, acceptance of these Terms and Conditions and validation of Your e-mail address and acceptance of your site as being appropriate for the display of the eGroup Ad. By registering, You represent and warrant that all information provided by You to eGroup is correct and current and that You have all necessary right, power and authority to enter into this Agreement and to perform the acts required of You hereunder. Participation in the Program is subject to Your continued compliance with these Terms and Conditions.
You are required to register each Site on which You wish to display Ads served by eGroup. Prior and on-going review and approval of the Site by eGroup is necessary for Ads to be served on said Site. eGroup reserves the right to reject, suspend or cancel registration of any Site at any time, without reason, in its sole discretion. By registering a Site, you represent and warrant that You are the owner of each Site or that You are legally authorised to act on behalf of the owner of such Site(s) for the purposes of this Agreement and the Program. You further represent and warrant that the Site and any material displayed therein: (i) comply with all applicable laws, statutes, ordinances and regulations; (ii) do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; and (iii) are not hate-related and do not contain any offensive, violent or illegal materials or content.
By including in Your Site(s) the code provided by eGroup, you agree to have eGroup deliver, display, track and report Ads and eGroup Brands in connection with Your Site. You shall comply with the specifications provided by eGroup, which may be modified from time to time.
You agree not to modify the code provided to You by eGroup in any way, unless expressly authorised in writing by eGroup (including by electronic mail).
eGroup will use commercially reasonable efforts to provide You with corresponding Ads, as applicable and as available. You acknowledge and agree that Ads shall only be displayed in connection with the Site(s) and shall be subject to the placement guidelines set forth herein.
You agree to direct to eGroup, and not to any advertiser, any communication regarding any Ad(s) displayed in connection with Your Site(s) under the Program (whether Ads for eGroup or not). You also agree not to communicate directly with any of the advertisers mentioned or referred to in any Ads provided or serviced by eGroup, without the prior written consent of eGroup
You are solely responsible for the Site(s), including all content and materials, maintenance and operation thereof, traffic generation, the proper implementation of eGroup’s specifications, and adherence to the terms of this Agreement. eGroup reserves the right to investigate, at its own discretion, any activity that may violate this Agreement, including but not limited to any use of a software application to access Ads, or any engagement in any activity prohibited by this Agreement. eGroup is not responsible for anything related to Your Site(s), including without limitation the receipt of queries from end users of Your Site(s) or the transmission of data between Your Site(s) and eGroup. In addition, eGroup shall not be obligated to provide notice to You in the event that Ads are not being displayed properly to end users of the Site(s) or for any failure by You to earn Revenue due to such failure.
Each Ad has an associated validation action and related revenue determined by eGroup, which will be on a revenue per sale basis. As regards the sale of insurance products a sale will only be recognised once the purchaser is on cover, in respect of the relevant insurance product. In respect of any sales, by an advertiser (other than eGroup itself) Revenue will be deemed to be earned by You in the month that eGroup receives payment from any advertiser in respect of any relevant sales.
All revenue ‘earned’ by You, in any month (in accordance with this Section) will be placed directly into Your affiliate account. EGroup will send you payment within thirty (30) days of each month end. In the event this Agreement is terminated, eGroup shall pay Your earned balance to You within approximately thirty (30) days after the end of the calendar month in which the Agreement is terminated by You or by eGroup.
Notwithstanding the foregoing, eGroup shall not be liable for any payment based on:
eGroup reserves the right to withhold payment or charge back Your account due to any of the foregoing or any breach of this Agreement by You, pending eGroup’s reasonable investigation of any of the foregoing or any breach of this Agreement by You, or in the event that an advertiser whose Ads are displayed in connection with Your Site(s) defaults on payment for such Ads to eGroup. In addition, if You are past due on any payment to eGroup in connection with any eGroup program, eGroup reserves the right to withhold payment until all outstanding payments have been made or to offset amounts owed to You in connection with the Program by the amounts owed by You to eGroup.
To ensure proper payment, You are solely responsible for providing and maintaining accurate contact and payment information associated with Your account. Any bank fees related to returned or cancelled checks or bank transfers due to a contact or payment information error or omission may be deducted from any payment due by eGroup to You.
You agree to pay all applicable taxes or charges imposed by any government entity in connection with Your participation in the Program.
eGroup may change its pricing and/or payment structure at any time.
If You dispute any payment made under the Program, You must notify eGroup in writing within thirty (30) days of any such payment; failure to so notify eGroup shall result in the waiver by You of any claim relating to any such disputed payment. Payments shall be calculated solely based on records maintained by eGroup. No other measurements or statistics of any kind shall be accepted by eGroup or have any effect under this Agreement.
The payments made under this Agreement are for use by You only and may not be transferred or in any manner passed on to any third party (i.e., distributed to Sites managed by You that require separate payments) unless expressly authorised in writing by eGroup (including by electronic mail).
All Payments are inclusive of VAT
You shall not, and shall not authorize or encourage any third party to:
You acknowledge that any attempted participation or violation of any of the foregoing is a material breach of this Agreement and that we may pursue any and all applicable legal and equitable remedies against You, including an immediate suspension of Your account or termination of this Agreement, and the pursuit of all available civil or criminal remedies.
Subject to any third party agreements You may have with other non eGroup customers (e.g., Your web hosting company), You may stop displaying Ads on any Site in the Program with or without cause at any time by removing the eGroup code and banner / logo from Your Sites.
You may terminate this Agreement with or without cause at any time by sending written notice of your desire to cancel Your participation in the Program to affiliates@egroupltd.co.uk. This Agreement will be deemed terminated within ten (10) business days of eGroup’s receipt of Your notice.
eGroup may investigate any activity that may violate this Agreement.
eGroup may at any time, in its sole discretion, terminate all or part of the Program, terminate this Agreement, or suspend or terminate the participation of any Site in all or part of the Program for any reason.
In addition, eGroup reserves the right to terminate without notice any account that has not generated a sufficient number of valid clicks on Ads (as determined by eGroup in its sole discretion) for a period of two (2) months or more.
Upon termination of the participation of You or any Site in the Program or termination of this Agreement for any reason, Sections 3, 9 to 13 and 15 to 18 shall survive termination.
You agree not to disclose any eGroup Confidential Information without eGroup's prior written consent. "eGroup Confidential Information" includes without limitation: (a) all eGroup software, technology, programming, specifications, materials, guidelines and documentation relating to the Program; and (b) any other information designated in writing by eGroup as "Confidential" or an equivalent designation.
eGroup Confidential Information does not include information that has become publicly known through no breach by You of these provisions, or information that has been (i) independently developed without access to eGroup Confidential Information, as evidenced in writing; (ii) lawfully received by You from a third party, not in breach of any duties of confidentiality owed to eGroup; or (iii) required to be disclosed by law or by a governmental authority.
eGroup makes no guarantee regarding the level of impressions of or clicks on any Ad, the timing of delivery of such impressions and/or clicks, or the amount of any payment to be made to or earned by You under this Agreement.
eGroup makes no Warranty, express or implied, including without limitation with respect to advertising and other services, and expressly disclaims the warranties or conditions of non infringement, merchantability and fitness for any particular purpose. To the extent that Ads provided to You by eGroup are based on content provided by advertisers other than eGroup, eGroup shall have no liability and assumes no responsibility in connection with such content or in respect of the display of such Ads.
Except for any indemnification and confidentiality obligations hereunder or Your breach of any intellectual property rights and or proprietary interests relating to the Program
i) In no event shall either party be liable under this agreement for any consequential, special, indirect, exemplary, or punitive damages whether in contract, tort or any other legal theory, even if such party has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy and
ii) eGroup’s aggregate liability to You under this agreement for any claim is limited to the net amount paid by eGroup to You during the three month period immediately preceding the date of the claim.
Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.
You agree that eGroup may use Your name and logo in presentations, marketing materials, customer lists, financial reports and web site listings of customers. If You wish to use eGroup's trade names, trademarks, service marks, logos, domain names ("eGroup Brands"), You may do so, so long as such use is in compliance with this Agreement.
You agree to indemnify, defend and hold eGroup, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g. relevant advertisers, syndication partners, licensors, licensees, consultants and contractors) (collectively "Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of the Program, the Site(s), and/or Your breach of any term of this Agreement.
You acknowledge that eGroup owns all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to the Program (including eGroup's ad serving technology, eGroup Brands but excluding items licensed by eGroup from third parties), and that You will not acquire any right, title, or interest in or to the Program, or eGroup’s Intellectual Property Rights except as expressly set forth in this Agreement.
You will not modify, adapt, translate, prepare derivative works from, de-compile, reverse engineer, disassemble or otherwise attempt to derive source code from any eGroup services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
You will not remove, obscure, or alter eGroup's copyright notice, Brands, or other proprietary rights notices affixed to or contained within any eGroup services, software, or documentation (including without limitation the display of eGroup Brands with Ads, if applicable).
"Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatement's thereof, now or hereafter in force and effect worldwide.
eGroup may retain and use all information You provide, including but not limited to Site demographics and contact and billing information.
eGroup may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims.
eGroup disclaims all responsibility, and will not be liable to You, however, for any disclosure of that information by any such third party.
eGroup may share non-personally-identifiable information about You, including Site-specific statistics and similar information collected by eGroup, with advertisers, business partners, sponsors, and other third parties. In addition, You grant eGroup the right to access, index and cache the Site(s), or any portion thereof, including by automated means including Web spiders or crawlers.
Any disputes arising out of or in connection with these Terms and Conditions are to be governed by and construed in accordance with the laws of England. In agreeing to these terms and Conditions you agree that English courts have exclusive jurisdiction to hear and determine any such dispute or claim.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof.
Any modifications to this Agreement must be made in a writing executed by both parties, by Your online acceptance of updated terms, or after Your continued participation in the Program after such terms have been updated by eGroup.
The failure to require performance of any provision shall not affect a party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
If any provision herein is held unenforceable, then such provision will be modified to reflect the parties' intention, and the remaining provisions of this Agreement will remain in full force and effect.
You may not resell, assign, or transfer any of Your rights hereunder.
Any such attempt may result in termination of this Agreement, without liability to eGroup.
Notwithstanding the foregoing, eGroup may assign this Agreement to any affiliate at any time without notice. Nothing in this Agreement shall be deemed to be constitute a partnership between the parties and, for the avoidance of doubt, You are and shall remain an independent contractor of eGroup under this Agreement.
eHome Insurance is a trading style of eInsurance Services Limited, registered in England and Wales. Registration number 5603030. Registered office: 21 St. Thomas Street, Bristol BS1 6JS Authorised and Regulated by the Financial Services Authority
eBike Insurance, eCar Insurance and eVan Insurance are trading styles of Southern Rock Insurance Company Ltd. Who are authorised and Regulated by the Financial Services Commission
eGroup Limited registered in England and Wales. Registration number 5474804
Registered office: 21 St Thomas Street, Bristol BS1 6JS
eGroup, MMT Centre, Severn Bridge, Aust, Bristol BS35 4BL