This Agreement is made by and between
1. LFF-Seller.info, hereinafter referred to as “LFF-Seller”, and
2. “You” or “the Affiliate”
A. LFF-Seller has developed and operates a service, which allows You to earn money by placing a link on Your website(s) to one or several websites, connected to LFF-Seller.
B. Please read this Agreement carefully. By Signing up as an affiliate You accept the conditions of this Agreement as well as our Terms and Conditions.
Now therefore, By signing up to the LFF-Seller Affiliate Program on store.LFF-Seller.info You hereto agree to the following binding terms of this agreement.
The following terms when used in this Agreement shall have the following meanings:
1. “Linked Website” – means a Website to which the Affiliate has placed a link on his website and which is connected to an Affiliate Program registered at LFF-Seller.
2. “Visitor” – means any person who clicks on a link placed on the Affiliate’s website and thereby is connected to a Linked Website.
3. “Click” – means a click by a Visitor on a link on the Affiliate’s website serving a Linked Website to the Visitor’s browser.
4. “Lead” – means a Visitor who is connected to a Linked Website by the Affiliate and who has completed a definite act at the Linked Website, for example made a registration as a user.
5. “Transaction/Sale” – means a Visitor who is connected to a Linked Website by the Affiliate and who has completed an agreement to buy a product, service or anything else supplied on the Linked Website and who has payed LFF-Seller for this product, service, etc. supplied by LFF-Seller.
6. “Traffic” – is a collective term for valid Clicks, Leads and Transactions/Sales.
7. “Artificial Traffic” – is a collective term for invalid Clicks, Leads and Transactions, which may originate (for example and without limitation) from automatic openings, spiders, robots, requests in e-mail or chat rooms, script generators, placing links on other websites than informed and Clicks which are not generated by a browser, Clicks which are not preceded by an active act of a Visitor who wants to reach a certain website.
8. “Affiliate Program” – is a program owned and operated by LFF-Seller which the Affiliate can join.
9. Words denoting the masculine gender include the feminine and other genders and words denoting the singular number only shall include the plural and vice versa.
1. The Affiliate is allowed to place links on his website(s) to LFF-Seller websites.
2. The Affiliate is allowed to place links to LFF-Seller websites in emails.
3. This Affiliate Program may be amended or terminated at any time. Information about the Affiliate Program will be available on LFF-Seller’s website. The Affiliate must keep himself informed of any amendments of the Affiliate Program, in particular if LFF-Seller has changed or terminated its Affiliate Program or changed the conditions for remuneration to Affiliates. The Affiliate must comply with the requirements of the Affiliate Program including in particular any stipulations as to the nature and content of the Affiliate’s web site and the use of Affiliates trade marks and logos.
4. LFF-Seller reserves the right to modify, amend, change or terminate it’s service without prior notice and without notifying the Affiliate of all such changes by e-mail or by an announcement on LFF-Seller’s website. If the Affiliate does not accept the changes the Affiliate must immediately cease to use the service and delete all links to Linked Websites.
3. OBLIGATIONS OF THE AFFILIATE
1. The Affiliate is solely responsible for his website and its contents and shall ensure that they conform at all times to all applicable laws and regulations.
2. The Affiliate hereby undertakes to comply with all applicable EU- and national laws and regulations in force from time to time including, but not limited to, the EU-directive 2002/58/EC.
3. The Affiliate must be of legal age in the country of his/her residence. This is usually the age of 18 years sometimes 21 years. If the Affiliate has not reached the legal age in the country of his/her residence a parent must give his consent to the registration to LFF-Seller’s service and the registration of an Affiliate below the age specified above without parental consent will be ineffective.
4. The Affiliate warrants that the information furnished to LFF-Seller about himself and his website is correct, complete and sent in due order and that the information corresponds to actual facts. The Affiliate must notify LFF-Seller immediately of any changes in the information by updating the information about him on LFF-Seller ‘s website.
5. The Affiliate warrants either that the rights to all information and productions on the Affiliate’s website belong to the Affiliate or that the owner of the rights to the information and productions on the Affiliate’s website has given his explicit permission to their publication there. The Affiliate also warrants that the information and productions on the Affiliate’s website do not infringe any rights of third parties, including intellectual property rights, and that such information and productions are not offensive, prohibited or questionable in any way.
6. The Affiliate must not in any way generate or contribute to generating Artificial Traffic to Linked Websites.
7. The Affiliate must notify LFF-Seller immediately of any known or suspected improper or wrongful use of the Affiliate’s links to LFF-Seller ‘s website and/or an Affiliate Program or of LFF-Seller ‘s service in any way whatsoever.
4. OBLIGATIONS OF LFF-SELLER
1. LFF-Seller undertakes to monitor and register the Traffic generated by the Affiliate’s website to Linked Websites, in accordance with the service provided by LFF-Seller.
2. LFF-Seller will collect and pay to the Affiliate all amounts due to him arising from this Agreement.
1. The conditions of remuneration of Affiliate are published on LFF-Seller ‘s website and shall apply at all times. The affiliate therefore agrees to “self-billing”, which means that LFF-Seller will create the invoice on behalf of the affiliate.
2. Subject to clause 5.3, payment of accumulated remuneration to the Affiliate shall be made monthly in arrears provided that the Affiliate has generated valid Traffic and that LFF-Seller has received payment from each customer who came to LFF-Seller’s website via Affiliate’s link.
3. Payment of remuneration will only be made if the Affiliate is due an amount of at least $ 10 in commission and if LFF-Seller has received full payment for these transactions. An amount due of less than $10 in commission will be accumulated to the next payment and will be included in the amount to be paid out at the next payment date. All payments are calculated upon the total Sales generated up to the end of the months prior to the month of payment. Accumulated amounts as well as any amount of the Affiliates remuneration do not accrue any interest.
4. Nothing in this Agreement shall create or be deemed to create, a partnership or relationship of employer and employee between LFF-Seller and the Affiliate.
5. Payment to the Affiliate will be made via PayPal. The Affiliate must specify on LFF-Seller’s website his PayPal details.
6. The Affiliate is responsible for the payment of all tax and national insurance payable on any payments made to him by LFF-Seller. Fees subtracted by PayPal from the commission sent to the affiliate are not remunerated by LFF-Seller.
6. LIMITS ON LFF-SELLER’s LIABILITY
1. LFF-Seller cannot guarantee or warrant the performance of LFF-Seller’s service or the links to any linked websites.
2. LFF-Seller shall not be liable for costs and damages incurred by the Affiliate arising out of this Agreement. LFF-Seller shall not in any circumstances be liable for indirect or consequential damages and costs incurred by the Affiliate for any reason whatsoever.
3. LFF-Seller will not be liable for defects in the service, interruptions in the accessibility to the service, infringements on data or loss of data on the information handling system, defects in the security system or viruses or other harmful software components in LFF-Seller’s service or for any damage caused by viruses or components to the service, the Affiliates software and/or the Affiliate’s website. LFF-Seller shall not be liable for any error in the implementation of the links on the Affiliate’s website or for the specified function of the links.
4. LFF-Seller shall not be liable if companies or third parties, collaborating with LFF-Seller, do not fulfill their obligations and LFF-Seller shall not be liable in any way for any agreements made directly between the Affiliate and such companies.
7. TERM AND TERMINATION
1. This Agreement shall come into force upon Your acceptance as an Affiliate and shall remain in effect until terminated.
2. The Affiliate is entitled to terminate this Agreement with immediate effect at any time. The Affiliate must cease to use the service immediately upon the termination of this Agreement and delete all links to Linked Websites.
3. LFF-Seller is entitled to terminate this Agreement at any time without reason, especially if:
a) LFF-Seller considers the content of Affiliate’s website inappropriate in any way.
b) The Affiliate acts fraudulently or illegally in any way or the Affiliate generates or tries to generate Artificial Traffic to Linked Websites or the Affiliate in any other way breaches any of the provisions of this Agreement.
c) The Affiliate does not comply with any law or regulation as set out in section 3.2
d) The Affiliate has not generated any Sales for a period of three (3) months.
4. After termination of this agreement , the Affiliate shall immediately delete all links to LFF-Seller ‘s web site(s).
5. This Agreement expires immediately on termination.
The Affiliate shall keep LFF-Seller indemnified against any claims for damages or other claims for compensation arising from the contents of the Affiliate’s website or any incorrect information given to LFF-Seller by the Affiliate. The Affiliate shall also compensate LFF-Seller for any other damages or costs caused by the Affiliate’s improper, negligent or unauthorised use of LFF-Seller’s service and technical problems or loss of data caused by the Affiliate on LFF-Seller’s website or on any website to which the Affiliate is linked by LFF-Seller. If the Affiliate is in breach of this Agreement LFF-Seller may decide to not pay any of the remuneration earned by the Affiliate to him/her.
9. ASSIGNMENT OF THE AGREEMENT
The Affiliate may not assign or pledge his rights or obligations under this Agreement in whole or in part to any third party without the prior written consent of LFF-Seller. The Affiliate agrees that LFF-Seller may assign its rights and obligations under this Agreement and divulge or transfer information about the Affiliate’s website, e-mail etc to any third party.
The Affiliate consents to the publication of the Affiliate’s name and web address etc. at LFF-Seller’s website and to LFF-Seller sending newsletters etc. to the Affiliate’s e-mail address and using the information given by the Affiliate for marketing purposes.
If any provision of this Agreement or part thereof should to any extent be or become invalid or unenforceable, the parties shall agree upon any necessary amendment of the Agreement in order to achieve the interests and objectives of the parties prevailing at the time of execution of the Agreement.
12. INTELLECTUAL PROPERTY RIGHTS
LFF-Seller owns all copyrights, trademarks, intellectual property rights, know-how or any other rights connected to the service or software necessary for the service. The Affiliate does not acquire any rights or licences whatsoever under this Agreement other than to use links to Linked Websites on the terms of this Agreement.
13. APPLICABLE LAW
a) The Affiliate is solely responsible for the legality of the use of the Affiliate Program and all his activities under this Affiliate Program.
b) This Agreement shall be governed by, and construed in accordance with the laws of the FRG.
c) If any dispute arises out of this Agreement the Parties will attempt to settle it by mediation in accordance with the Laws of the FRG.
d) To initiate the mediation one Party must give notice in writing according to the Terms and Conditions published on this Website.