(DRAFT) Agreement for ODM Supersavers Affiliate Program (DRAFT)

The terms and conditions set forth in this agreement shall govern your participation in the ODM Supersavers Affiliate Program, should you choose to join:

   1.      Joining the Affiliate Program is free.

   2.      The program is open to persons 18 years of age or older.

   3.      The program is open to, and commissions will be paid only to persons and businesses residing in the UK. If you don't live in one of these countries, and you still want to participate and receive commissions, email us with your URL and details about how much traffic (uk-based) you get, and how big your opt-in list is and I may consider your request. Only affiliates who are registered and verified PayPal users in PayPal approved countries will be considered - no exceptions.

   4.      Affiliate is authorized to provide a link to their affiliate page for the purpose of earning referral fees on various products as outlined below.

   5.      Affiliate is solely responsible for ensuring that the correct URL is used in advertising and promotions.

   6.      DO NOT SPAM! Promoting any product via unsolicited email is strictly prohibited, and affiliate agrees to not reference odm-supersavers.com, odm-uk.com or any other web site or business affiliated with or owned by ODM (UK) Limited in any e-mail or communication which is unsolicited or where there is no prior business relationship with the recipient.

   7.      DO NOT SPAM! Affiliate may not link to any sites owned by ODM (UK) Ltd from any site which promotes spam, spam software, illegal activities, pornographic or sexual matter, or discrimination.

   8.      DO NOT SPAM! Affiliate may not link to any sites owned by ODM (UK) Ltd from any site promoted by unsolicited e-mail or inappropriate newsgroup postings.

   9.      DO NOT SPAM! Affiliate understands that ODM will terminate the Affiliate's account and withhold all referral fees due if Affiliate is found in violation of this policy. Additionally, Affiliate agrees to pay £500 minimum plus pay £5,000 for each day of downtime, as well as ISP fees and legal fees, if they cause ODM (UK) Ltd to lose Internet access or connectivity because of inappropriate, unethical, or illegal online activities such as spamming or inappropriate newsgroup posting.

  10.      All sales originating from Affiliate's referral URL, and processed by ODM earn referral fees as outlined below. ODM reserves the right to reject any order that does not comply with our order policy.

  11.      Affiliate agrees to accurately represent the product and make no claims regarding the benefits to the customer other than those which appear on the Web site which is created as part of the ODM Supersavers Affiliate Program.

  12.      Affiliate is authorized to use any provided promotional materials only to promote ODM's network of web sites and products.

  13.      Affiliate may not copy or reproduce any part of any of ODM's web sites without express written permission. Doing so is a violation of Internetional copyright laws and subjects offenders to both civil and criminal penalties, as well as termination from the Affiliate Program.

  14.      Affiliate gives ODM permission to send regular email communications to Affiliate regarding this affiliate program and the promotion of included products and web sites. Permission is granted for these communications as long as affiliate has not terminated this agreement.

Referral Fees:

   1.       Online Purchases through the ODM Supersavers website by a UK customer, for delivery within the UK mainland (excluding Northern Ireland, Highlands and Islands) will earn Affiliate a referral fee.

1.a        For customers requesting delivery of goods within the UK Counties of East Sussex and West Sussex the Referral Fee will be 5% of the nett sale, excluding VAT and delivery  charges. For all other delivery destinations, the Referral Fee will be 2.5%.

1.b       Customers introduced by Affiliates will continue to generate referral fees for the 60 days following the first accepted order

1.c        Affiliates may introduce further affiliates into the scheme (subject to acceptance by ODM). The introducing affiliate will earn a second tier 1% override referral fee, based on 1st tier referral fees earned by their 'sub affiliates'.  Super-Affiliates, who maintain a network of at least 5 active affiliates over a 30 day period, will earn an extra 0.5% for that period, thus increasing their override to 1.5%  of their sub-affiliate's Tier-1 commissions, for as long as their Super-Affiliate status is maintained.

1.d       Referral fees will not be paid on any Customer Purchases which also qualify for prizes or discounts or vouchers or any similar benefit gained through any ODM Supersaver "Tell a Friend" style promotional or marketing activity.

   2.      Referral fees will not be paid on purchases by Affiliates under their own affiliate number.

   3.      For UK based affiliates, ODM will pay referral fees in GBP Pounds Sterling by the end of each month for the previous month's sales.

   4.      For non-UK based affiliates, who have been specially admitted to the Supersavers Affiliate Program, ODM will pay referral fees in GBP Pounds Sterling for the applicable sales 60 days following the last day of the month when the sale was made.

   5.      In the event that ODM's payment processor or merchant account bank witholds funds resulting from affiliate sales, commissions for those sales will be paid when those funds are released to ODM or according to the preceding two paragraphs (Referral fees: paragraphs 3 and 4), whichever comes later.

   6.      PayPal payments will not be made to affiliates using "free" email addresses such as yahoo.com or hotmail.com. Affiliates must use the email address supplied by their internet service provider or an email address from an internet domain they control.

   7.      Affiliates must accept funds via PayPal, and must be registered and verified PayPal users before funds will be released - no exceptions.

   8.      If a product is returned or charged back by the Affiliate's referral, the corresponding commission(s) will be deducted from Affiliate's next monthly check. If the affiliate does not have sufficient accrued commissions, they will refund commissions derived from the returned or charged back sales.

Additional Terms:

   1.      If referral fee payments accumulate to $599 in a calendar year and Affiliate is a resident of the United States of America, they will be required to provide ODM with a signed W-9 Form before receiving additional payments.

   2.      Every customer who purchases from any of the ODM network of Web sites is a customer of ODM. Affiliate does not have authority to make any offer or accept any payment on behalf of ODM. ODM is not responsible for representations or actions of Affiliates.

   3.      ODM will make every effort to ensure that the Affiliate Web sites are operational. However, the Internet is inherently an unreliable medium, and Affiliate agrees to hold ODM harmless for any service interruptions or outages.

   4.      Affiliate is an independent contractor, and agrees they are working independently and are responsible for calculating and paying their own taxes on income generated as a result of the ODM Supersaver Affiliate Program. Nothing in this Agreement shall create any form of partnership, joint venture, agency or employment relationship between the parties.

  5.      ODM makes no guarantees regarding sales, conversion rates, visitor values, or refunds.

Termination and Changes:

   1.      ODM and/or the Affiliate have the right to immediately terminate this agreement at any time and for any reason by notifying the other party in writing or via e-mail. The final referral fee payment to Affiliate may be withheld for a reasonable time in order to ensure an accurate calculation of commissions.

   2.      This agreement shall remain in effect for as long as ODM makes the Affiliate Program available, unless the agreement is terminated due to breach of terms.

   3.      ODM reserves the right to change any of these terms and conditions at any time by posting new terms and conditions at http://www.odm-supersavers.co.uk/supersavers-affiliate-program-agreement.html

   4.      This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of laws rules. Any legal action arising out of this Agreement shall be litigated and enforced under the laws of the United Kingdom. In addition, you agree to submit to the jurisdiction of the courts of England, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of the County of Sussex, United Kingdom.