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By signing up as an Affiliate, you agree to be subject to the Terms and Conditions outlined in this document. "CyberMedia", "We", "Our" and "Us" refer to Media & Marketing Solutions Limited. "You", "Your affiliation" and "The Affiliate" refers to the owners of the Internet Café accepting this Agreement.
1. Duration of Affiliation
The minimum duration of your affiliation is 3 months, thereafter it can be cancelled with 1 month's notice by either side. We reserve the right to remove Affiliates without notice and/or withhold commissions if any Affiliate is in violation of this Agreement.
2. Commissions & Payments
Affiliates will be paid by cheque once per month, 30 days in arrears. Payments will be to the owner of the business, be this a Limited Company, sole trader or partnership.
If a terminal is out of service for all or part of a month and does not generate the required number of advert impressions, or if the unique URL is changed to prevent adverts being displayed, then commission for that terminal will not be paid.
3. Relationships Nothing in this Affiliate Agreement will create any partnership, joint venture, franchise or employment relationship of any kind between the parties. You will have no authority to make or accept offers on our behalf. You will not make any statements that violate this section of the Agreement.
4. Displaying On-Screen Advertising
CyberMedia provides affiliates with a unique URL for use on each terminal. The Affiliate will ensure the homepage of each browser is set correctly for the duration of the Affiliate agreement. The Affiliate understands that failure to use the correct URL on each terminal will result in no commission being paid on the affected terminals.
The Affiliate agrees to take measures to prevent changes being made to the default homepage or to check that the adverts continue to be displayed on each terminal on an ongoing basis.
The Affiliate understands that they will not be paid a commission for any terminal which does not display an advert at least 400 times in any given month.
We will have exclusive access to the default homepage of Internet Explorer for the duration of the affiliate agreement. We reserve the right to monitor our Affiliates from time to time so that we can ensure the terms of this Agreement are kept.
4. Indemnification
You agree to indemnify and hold harmless CyberMedia Solutions and its representatives, subsidiaries, officers, directors, employees, agents, contractors and advertisers from any claim or demand, including reasonable legal fees that arise out of your connection with CyberMedia.
5. Disclaimer of Warranties
You agree that your membership of the CyberMedia Affiliate programme and access to any services provided is at your own risk. Services and content are provided "As is", and CyberMedia expressly disclaims all warranties of any kind. CyberMedia makes no warranty, either implied or express, that any part of the service will be uninterrupted, error-free, timely, accurate or reliable. You understand that CyberMedia does not offer any endorsement of advertising displayed on our network.
6. Limitation of Liability
You understand and agree that CyberMedia Solutions will not be liable for any direct, indirect, special, incidental, consequential or exemplary damages: This includes, but is not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of, or inability to use services.
7. Reservation of rights
CyberMedia Solutions reserves all its rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that CyberMedia may have in respect of services provided. The use of CyberMedia Solution's rights and property requires prior written consent.
8. Applicable law
This agreement is governed by English Law and subject to the exclusive jurisdiction of the English Courts.
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