To be a member of the Program you agree to abide by the terms and conditions contained in this Service Agreement. Please read this agreement carefully before registering and using this service.
This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the SPAREROOM.co.uk Affiliate Program (the "Program"). As used in this Agreement, "we" or "us" means Flatshare Limited t/as SPAREROOM.co.uk, and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to SPAREROOM.co.uk's site or to the site(s) that you will link to SPAREROOM.co.uk.
Enrolment in the Program
Enrolment in the Program: To begin the enrolment process, you will submit a complete Program application via our site. As part of the registration process, you will select a username and password combination that you use to access your Affiliates' area within the Service. You shall provide us with accurate, complete and updated registration information. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (at our sole discretion) that your site is unsuitable for the Program due to the content of the site in relation to our family audience and subject matter. Any queries in relation to offensive or inappropriate content may be addressed to us by filling out our contact form.
Links on your site to spareroom
You will only use such buttons and banners as available on the SPAREROOM.co.uk affiliate links page, or other material that you will be advised of from time to time via the e-mail address you give on the affiliate membership application. You will be responsible for the placement of these links, although from time to time we may contact you to suggest more effective placements. You may also place text links within editorial and in place of graphical links, the copy being of your own choosing, though if we feel the wording is inappropriate for any reason, you agree to change the text as soon as is reasonably possible. As a Member, Links may not be placed in newsgroups or unsolicited e-mail, Any Link placed must be done so in such a way that it is not misleading to any visitor and done so with the intention of delivering the visitor to our site.
Traffic is tracked by means of the referring URL http environment variable. In the vast majority of cases this is possible. There may be a small % of clicks which do not send the referring url information so cannot be tracked. This is to do with computer and browser set ups which is beyond our controls. These lost clicks are factored into our commission offer. We can offer a more traditional way of linking to us with the use of special urls, but commission will be set at a lower rate of 5%.
To comply with our terms and to ensure accurate tracking of clicks, you must adhere to the following linking guidelines:
- The link must be direct and not via a script redirection. e.g.
<a href="http://www.spareroom.co.uk/">your link</a> - The link must not contain the
rel="nofollow" directive
Content provided for affiliates
We provide a range of ready made content for your site, such as flatmate finding tips. This is provided as a means for you to generate interest on your site and must be used in its entirity without edits (unless agreed otherwise by prior arangement). Spareroom credit links will function like any other link from your site to spareroom, tracking clicks and resulting orders.
Order Processing
We will process product orders placed by customers who follow links from your site to the SPAREROOM.co.uk site. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish. We will be responsible for all aspects of order processing and fulfilment. Among other things, we will prepare order forms; process payments, cancellations, and returns; and handle customer service. We will track membership upgrades made by customers who arrive at the site using correctly formatted links from your site and will send you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time in our discretion, and we will endeavour where possible to provide you with online access to your commission statistics. To permit accurate tracking, reporting, and fee accrual, you must ensure that the links between your site and our site are properly formatted.
Referral Fees
We will pay you referral fees on certain product sales. For a product sale to generate a referral fee, the customer must follow a link (in the format specified by SPAREROOM.co.uk) from your site to the SPAREROOM.co.uk site; purchase the product using our automated ordering system. The customer must have registered within one month, then completed an order(s) within 2 months of registration, giving you a potential 3 month earning window. We reserve the right to withold commission until a customer's payment has cleared for 28 days. Any chargebacks or refunds may later be deducted from future commission.
Fee Schedule
You will earn commission on sales as detailed on the SPAREROOM.co.uk site and confirmed to you by e-mail upon acceptance of your site into the program. Such fees are subject to change and may include periodic incentives. We will attempt to give you 7 days notice of any change that will have a negative effect on your commission structure, but you expressly agree that such notice may be given retrospectively.
Fee Payment
We will pay you referral fees in arrears on a calendar monthly basis for qualifying sales. Your first calendar month is deemed to run from the date of your acceptance in the program to the final day of the following month. Approximately 14 days following the end of each calendar month, we will send you a cheque in £UK for the referral fees earned on products that ordered and accepted according to our terms during that month. However, if the fees payable to you for any calendar month are less than £20 , we will hold those fees until the total amount due is at least £20 or (if earlier) until this Agreement is terminated. If products from a sale that generated a referral fee are returned to us by the customer, we will deduct the corresponding fee from your next quarterly payment. If there is no subsequent payment, we will send you a bill for the fee. You are responsible for notifying the relevant taxation authorities of your income from this scheme. Money credited to your account does not accrue interest.
Policies and Pricing
Customers who buy products through this Program will be deemed to be customers of SPAREROOM.co.uk. Accordingly, all SPAREROOM.co.uk rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect products that you already have listed on your site, you must state clearly on your website that prices you display are for guidance only and must be confirmed before purchase. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
Limited Licence
We grant you a non-exclusive, non-transferable right to use images/text for which we grant express permission, solely for the purpose of identifying your site as a Program participant and to assist in generating product sales. You may not modify any icon or image in any way. We reserve all intellectual property rights. We may revoke your licence at any time by giving you written or email notice.
Responsibility for Your Site
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
- The technical operation of your site and all related equipment
- Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, - copyrights, trademarks, privacy, or other personal or proprietary rights)
- Ensuring that materials posted on your site are not libellous or otherwise illegal
We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site or in relation to probable lost earnings due to technical malfunction or non-availability of our site and services.
Terms of the Agreements
The terms of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn referral fees on sales occurring during the term, and fees earned through the date of termination will remain payable only if the related orders are not cancelled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
Security of Information
You shall notify SPAREROOM.co.uk by filling out our contact form of any known or suspected unauthorized uses of your account, or any known or suspected breach of security, including loss, theft or unauthorized 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 authorized by you to use your account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by SPAREROOM.co.uk and referral to the appropriate authorities in the relevant country.
Modification
We reserve 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, we will attempt to notify Members via e-mail, or the SPAREROOM.co.uk Web site of such changes, at which time Members may either agree to such changes or if you decide that any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the program following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change.
Relationship of Parties
You and we 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 have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
Limitation of Liability
We 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 Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
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. We may assign this Agreement to any successor or third party contractor.
Disclaimers
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. 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 OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
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, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
Miscellaneous
This Agreement will be governed by the laws of the United Kingdom and the European Union, without reference to rules governing choice of laws.