High Stakes - The UK's Leading Gambling Bookshop

High Stakes Branded Internet Gambling Bookshop:

Terms and Conditions

Term and Enrolment

1.1

You will be enrolled as an affiliate in the Programme once you have completed and we have accepted the Affiliate Application Form found at the foot of this document

1.2

You will be notified of our acceptance of your application when you receive a confirmatory e-mail. That e-mail will also contain your username and password which will allow you to access our on-line reporting site which will detail customer take up.

1.3

The Term of this Agreement shall commence from our acceptance and will continue in perpetuity unless the Agreement is terminated in accordance with these terms.

Our rights and obligations

2.1

We shall use reasonable endeavours to design, develop and maintain the Site.

2.2

For the avoidance of doubt (and without prejudice to any other rights) we shall have the right to reject your application to become an affiliate in the Programme at our absolute discretion, for whatever reason, without explanation to you.

2.3

In the event of termination of this agreement we will remove any use of your design templates that have been utilised in the branded bookshop. At all times you retain full rights in those templates and we will only use the templates with your permission.

Your rights and obligations

3.1

You shall place the Links from your site (which link shall be at least as prominent as links to any other channels and/or web site contained on your site) to the Branded Bookshop Site.

3.2

You represent, warrant and undertake that:

3.2.1

you will not cause or permit anything to be done which may infringe, damage or endanger any of our, or any third party's, rights (including intellectual property rights) of whatever nature in any jurisdiction;

3.2.2

you have the power and authority to enter into and perform all of your obligations and to grant all of the rights purported to be granted under this Agreement;

3.2.3

your site shall be free from all viruses, worms, trojan horses, cancelbots and other contaminants including but not limited to any codes or instructions that may be or will be used to access, modify, delete or damage any data files or other computer programs used by us or any third party; and

3.2.4

that you will provide us with a full indemnity from any losses (of whatever nature) suffered by us as a result of any third party claims against us as a result of a breach by you of any of the terms of this Agreement.

Intellectual Property Rights

All intellectual property rights and goodwill in or relating to the Site and its content (the "Site Intellectual Property") is owned by us or our licensors and you acknowledge and agree that you have no rights in the Site Intellectual Property. On termination you shall remove the link to Branded Bookshop from your site immediately.

Fees and Revenue

5.1

We shall pay you a commission at the commission rate of 10% on all sales from a qualifying customer that originated from your site and we will make reasonable endeavours to include all orders received by mail or fax that have originated from your site from a qualifying customer. The commission will be paid on completed orders only – i.e. orders that have been paid for in full and have been dispatched to the customer. If any book is out of print or out of stock resulting in a partial completion of an order, the commission will be paid on the completed part of the order only.

5.2

A qualifying customer is any customer who, during the Term, accesses the Site through a Link on your site and makes a purchase from the Site.

5.3

You will be paid quarterly for the periods January 1st - March 31st, April 1st - June 30th, July 1st - September 30th and October 1st - December 31st. If any commission payable is less than £50 for any quarter period we may hold those payments until the total amount due is at least £50 or (if earlier) this Agreement is terminated. If the total commission due exceeds £100 per month for any 3 month period and continues at a level of £100 per month we will at your request, pay you on a monthly basis. N.B. If you are VAT registered we require you to send us an invoice for the amount due and to add VAT. We will settle this invoice 30 days end of invoice month. Payments to VAT registered affiliates will not be made without a VAT invoice being presented.

Confidential Information and data

You agree to keep our confidential information confidential and not to disclose it to any third party without our prior written consent, however nothing in this paragraph will affect your ability to deal with information of which you are independently aware or which (unless caused by your breach) is in the public domain or which you are required by law to disclose.

Termination

Each party shall be entitled to terminate the Agreement immediately upon written notice to the other. This Agreement will terminate automatically if either party becomes insolvent, commits and act of insolvency or becomes unable to pay its debts. Upon termination you will immediately remove our link from your site.

Force Majeure

We shall not be liable for any delay in performing or for failure to perform any obligations under the Agreement to the extent that the failure is caused by an event outside our reasonable control.

Miscellaneous

9.1

The Agreement constitutes the entire agreement between the parties with respect to its subject matter.

9.2

We may make any modification to this Agreement upon notification to you by either e-mail or notification of change on the Site. Your continued participation in the Programme will constitute acceptance of that change.

9.3

You may not without our prior written approval assign, transfer, license or deal with any of our rights under the Agreement or sub-contract any of our obligations. We are free to assign or licence the benefit of this Agreement.

9.4

Nothing in this Agreement will be deemed to create a partnership or joint venture between the parties.

9.5

No failure or delay by any party in exercising its rights under this Agreement will operate as a waiver of that right nor will any single or partial exercise by either party of any right preclude any further exercise of any other right.

9.6

In the event that any provision of this Agreement is held to be invalid, illegal or unenforceable by a court with jurisdiction over this Agreement,
(i) if the laws of the relevant jurisdiction permit the same, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties (or, if such laws do not permit the same, the wording which causes such invalidity, illegality or unenforceability shall be deemed to be deleted from this Agreement), and
(ii) the remaining terms, provisions, covenants and restrictions of this Agreement will remain in full force and effect.

9.7

We agree that the provisions of this Agreement are personal to us and are not intended to confer any rights on any other third party. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement or to any provision of the terms.

9.8

The Agreement shall be governed and interpreted in accordance with the laws of England and Wales and the parties submit to the non - exclusive or exclusive jurisdiction of the English courts (the decision as to which at our absolute discretion) although if you are a English based affiliate we both agree to submit to the exclusive jurisdiction of the English courts.

Branded Bookshop affiliate to fill out the details below in full

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