eBook Revenue

EBOOK REVENUE AFFILIATE PROGRAM AGREEMENT - EFFECTIVE DATE: 2ND, DECEMBER, 2024

This Agreement contains the complete terms of service that apply to your participation as a member of the eBook Revenue affiliate program (the "Affiliate Program") operated by NE1 Media, Ltd. (hereinafter, "NE1 Media," "we" or "us). As used in this Agreement, "you" or "your" means the applicant/participating member, whether an individual or a business entity.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND NE1 Media. BY APPLYING TO THE AFFILIATE PROGRAM AND/OR BY PARTICIPATING IN THE AFFILIATE PROGRAM YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS OF SERVICE SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE PROGRAM AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS HEREOF. YOU CANNOT BECOME A MEMBER OF THE AFFILIATE PROGRAM UNLESS YOU HAVE ACCEPTED EACH AND EVERY TERM HEREOF.

To begin the enrolment process, you will submit a completed Program Application through our website https://www.ebookrevenue.com. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We will reject your application if we determine that you have provided inaccurate or incomplete signup information, determine that you are under 18 years of age ( 21 in some jurisdictions) or determine that your site is unsuitable for the Affiliate Program for any reason, including, but not limited to, if your site incorporates images or content that is unlawful, defamatory, obscene, harassing or otherwise objectionable, such as sites that facilitate illegal activity or promote violence or promote or assist others in promoting copyright infringement (collectively, "Content Restrictions"). Again, you must be at least eighteen (18) years of age (or older if legal age of majority is more than 18) to participate in this Affiliate Program.

As an affiliate website of NE1 Media ("Affiliate Site"), you may use any form of promotion you choose, consistent with the terms of this Agreement. You may use banner advertisements, button links and/or text links to our site (the "Links"), however, you cannot employ deceptive language or misleading URL's in the Links, and you CANNOT MARKET BY SENDING BULK E-MAIL! Any activity by you or on your behalf that we determine or reasonably suspect to be the result of a bulk e-mail program will result in your immediate termination from the Affiliate Program and your forfeiting of monies otherwise due you hereunder. (For further guidelines on this topic, please see Section 5, below.) Allowable promotional links may contain NE1 Media's trade names, service marks, and/or logos for display on your Affiliate Site. Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access and download such Links and other designated promotional materials for placement on your Affiliate Site for the sole and exclusive purpose of promoting websites owned, operated or controlled by NE1 Media. In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Link or Links. A Link may only be visually modified with our consent.

25% Per Sale: We will pay you a commission equal to 25% per sale made from your referring clicks / traffic.

The commission rates are subject to change from time to time, upon e-mail notice to you and commencing the 10-days following such notice. Note that a commission will only be paid if the visitor to our site can be tracked by the system from the time of the Link to the time of the sale. No commission will be paid if the visitor's payment to our site cannot be tracked directly to your site by our system or if full payment for services is not made to us by the customer. No commission will be paid for signups by you or anyone within your organization. Likewise, no commission will be paid on purchases made that are refunded, cancelled or result in chargeback.

Payments are sent on last day of the month for previous months pay period (or the next working business day if the last day of the month falls on a weekend or public holiday) if you have reached the minimum for your designated manner of payment. A pay period is from 1st thru 28th/30th/31st. You will be paid via PayPal unless other payment terms have been arranged on an individual account basis.

PayPal Minimum Payment: $50

If you dispute the manner or amount of calculation of your commission with regard to any given payment period, you must inform NE1 Media within sixty (60) days of NE1 Media having made said payment, otherwise you are deemed to have waived your right to challenge said payments calculation.

We do NOT allow Webmasters to market websites promoted through this Affiliate Program through the transmission of bulk e-mailings. If you violate this prohibition against bulk e-mailings, you forfeit any commissions that otherwise would be owing to you, and we reserve the right to terminate you from the Affiliate Program and to pursue legal action against you, both civil and criminal.

You grant us a non-exclusive license to utilize your names, titles and logos, trademarks (collectively the "Affiliate Trademarks), to advertise, market, promote and publicize in any manner our rights hereunder. Notwithstanding anything herein to the contrary, we shall not be required to so advertise, market, promote or publicize. You hereby represent and warrant that you are the sole and exclusive owner of the Affiliate Trademarks and have the right and power to grant to us the license to use same in the manner contemplated herein, and such grant does not or will not (i) breach, conflict with or constitute a default under any agreement or other instrument applicable to you or binding upon you, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity. This license shall terminate upon the effective date of the expiration or termination of this Agreement.

You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. You are not NE1 Media's agent, and we shall have no responsibility for the development, operation and maintenance of your site and for all materials that appear on your site. You shall also be responsible for ensuring that materials posted on your site do not violate or infringe upon any laws, including but not limited to the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are not libellous or otherwise illegal. You must have express permission to use another party's copyrighted or other proprietary material. We will not be responsible if you use another party's copyrighted or other proprietary material in violation of the law. In addition to the foregoing, we will immediately terminate your participation in the Affiliate Program if we believe you have engaged in any of the following:

Transmission of bulk bulk e-mail to promote any eBook Revenue sponsor site (see Section 5, above), IRC postings, forged header mailings or any other form of mailing, including but not limited to, newsgroups or AOL customers or otherwise violate the anti-UBE policies of ISPs or state / local law;

Provide inaccurate or incomplete information to NE1 Media concerning your identity, bank account, address or other required information;

Attempt to cheat, defraud or mislead us in any way;

Misrepresent to the public the terms and conditions or content of our sites or your sites;

Promote passwords, MP3, or Warez;

Own or operate a website in connection with a person who is under 18 years of age; or

You operate from a foreign country for which NE1 Media will not accept accounts, which include:

Albania, Armenia, Azerbaijan, Belarus, Brazil, Bulgaria, China, Cost Rica, Croatia, Czech Republic, Estonia, Georgia, Hungary, India, Indonesia, Israel, Japan, Jordan, Kaliningrad, Kazakhstan, Korea, Kyrgyzstan, Latvia, Lithuania, Malaysia, Moldova, Pakistan, Philippines, Romania, Russia, Singapore, Slovakia, Slovenia, Syria, Taiwan, Tajikistan, Thailand, Turkey, Turkmenistan, Ukraine, United Arab Emirates, Uzbekistan and Yugoslavia.

If you are a Webmaster that operates websites in one of the above countries, and wish to promote our Affiliate Program, you are requested to contact our support team prior to signing up to the Affiliate Program.

Upon NE1 Media's receipt of a proper notice of alleged copyright, trademark, service mark or publicity rights violation by Your participating website, NE1 Media will notify You and ask that You provide written documentation of your right to use the allegedly infringing material in your website. That documentation must be: (a) a license of the rights; (b) consent from the rights holder or their agent; or (c) a written statement from You or Your attorney (in either email or fax form) explaining Your claim to have a lawful right, or a legal defence, to display the allegedly infringing material.

If You do provide NE1 Media with appropriate rights documentation (a, b or c, above), NE1 Media will forward that documentation to the rights holder or their agent, as appropriate. Should the rights. holder/agent not be satisfied, NE1 Media will provide the rights holder/agent with Your contact information in order that they may contact You and pursue any remaining dispute with You directly.

If you fail to provide NE1 Media an appropriate written response (a, b or c, above), You will have ten (10) days from the date of NE1 Media's original notification to You to remove the complained of content. Should you fail to remove said content within ten days, the referring URL containing the complained of content will be blocked and any funds otherwise due and payable to You relating to the referring URL will be forfeited, UNTIL SUCH TIME AS YOU PROVIDE AN APPROPRIATE WRITTEN RESPONSE. You will also be placed in an "infringer" database, and should repeated complaints be made against you for rights violations, NE1 Media has the right to permanently terminate You from the Affiliate Program.

HOW TO REPORT ALLEGED RIGHTS INFRINGEMENT BY A WEBMASTER PARTICIPATING IN THE AFFILIATE PROGRAM

If you are the holder, or authorized representative of the holder, of a copyright, trademark, service mark, or publicity right that you have reason believe is being infringed by a third party webmaster participating in the eBook Revenue Affiliate Program, please send a DMCA compliant notice to: legal@ne1media.co.uk

The term of this Agreement will begin upon our acceptance of your Affiliate 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 notice of termination. Notice by e-mail, to your e-mail address on our records, is considered sufficient notice for to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any commissions payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not cancelled,  returned or a chargeback is issued. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our site of a change notice of a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this 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. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. 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 on our site, will constitute binding acceptance of the change.

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. You are not an agent of NE1 Media and NE1 Media expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.

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 Affiliate 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 Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.

We make no express or implied warranties or representations with respect to the Affiliate Program or any NE1 Media services or other items 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.

You hereby represent and warrant to us that 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 that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you. Should any law enforcement agency or internet service provider provide NE1 Media with notice that you have engaged in transmission of unsolicited bulk e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider's terms of service, we reserve the right to cooperate in any investigation relating to your activities including disclosure of your account information in connection therewith.

We may disclose to you certain information as a result of your participation as part of the Affiliate Program, which information we consider to be confidential (herein referred to as "Confidential Information"). For purpose of this Agreement, the term "Confidential Information" shall include, but not be limited to, any modifications to the terms and provisions of this Affiliate Program Agreement made specifically for your site and not generally available to other members of the Affiliate Program, website, business and financial information relating to NE1 Media, customer and vendor lists relating to NE1 Media and any members of the Affiliate Program, other than you. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such 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 same is required by law or legal process. Should you received a court notice, complaint or subpoena requesting or seeking to compel disclosure of Confidential Information, you shall immediately inform NE1 Media and NE1 Media shall have the right, and be given the opportunity, to obtain a protective order to prevent disclosure of such Confidential Information. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third person's use of the information.

You hereby agree to indemnify, defend and hold harmless NE1 Media, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by you herein; or (iii) or any claim related to your Affiliate Site.

Terminated accounts cannot later apply to the Affiliate Program without our express 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 enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of 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. This Agreement and the legal relations between the parties hereto shall be governed in all respects, including validity, interpretation, performance and effect, by the laws of England, United Kingdom, applicable to contracts made and to be wholly performed therein. The parties hereto expressly and irrevocably consent and submit to the personal jurisdiction and venue of the courts of England, United Kingdom with respect to any legal action or proceeding that may be brought pursuant to this Agreement. The parties hereby expressly and irrevocably waive any claim or defence in any such action or proceeding based on any alleged lack of personal jurisdiction, improper venue or forum non convenient or similar theory.