Affiliate Program Terms and Conditions
Operating Agreement
This Agreement contains the complete terms
and conditions that apply to an individual's or entity's participation
in the BuyIreland.com Affiliates Program (the 'Program'). As used in
this Agreement, 'we' means Buy Irish Internet Services Ltd.
(BuyIreland.com), and 'you' means the applicant. 'Site' means a World
Wide Web site located at the URL www.buyireland.com or to the site that
you will link to our site (and which you will identify in your Program
application).
Enrollment in the Program
To begin the enrolment process, you will
complete the application form above. We will evaluate your application
in good faith and will notify you of your acceptance or rejection. We
may reject your application if we determine, at our sole discretion,
that your site is unsuitable for the Program. Unsuitable sites include
those that:
Promote sexually explicit materials
* Promote violence
* Promote
discrimination based on race, sex, religion, nationality, disability,
sexual orientation, or age
* Promote illegal activities
* Promote the use of bulk e-mail or spam
* Otherwise violate intellectual property rights
If we reject your application, you are
welcome to reapply to the Program at any time. You should also note
that if we accept your application and your site is thereafter
determined, at our sole discretion, to be unsuitable for the Program,
we may terminate this Agreement.
Links on Your Site
You will be provided with a unique
affiliate identification code which must be used in all pages that
generate sales. We will not be liable to you with respect to any
failure in the use of the unique identification code including to the
extent that such failure may result in any reduction of amounts that
would otherwise be paid to you pursuant to this Agreement.
Order Processing
We will process product orders placed by
customers who follow the links from your site to our site. We reserve
the right to reject orders that do not comply with any requirements
that we periodically may establish. We will be responsible for all
aspects of order processing and fulfillment. Among other things, we
will prepare order forms; process payments, cancellations, and returns;
and handle customer service. The form, content, and frequency of the
reports may vary from time to time at our discretion. All of our rules,
operating procedures and policies regarding customer orders and
accounts will apply to orders we receive through the special link from
your sponsoring Web site. We reserve the right to reject any order for
any reason, including any order that does not comply with our rules,
operating procedures and policies or that violates applicable law.
Tracking of Sales
We will track sales made to customers who
use the unique Affiliate code from your sponsoring Web site. You will
be solely responsible for ensuring that your special link includes your
unique Affiliate code and is formatted properly, a necessary
prerequisite for us to track such sales. Statements of referral product
sales activity are available to you at any time and you will have
private access to yours stats, which are updated daily. All statements
after 30 days shall be deemed correct unless you give us notice of any
error prior to that date. We shall not be responsible for any errors
you or your customers make which result in any loss of any tracking
information contained in the special link. To protect our customers'
privacy, the names or other personal information about specific
customers will not be provided to you.
Policy Applies to All Orders: Every
customer who buys a product through this program is deemed to be a
customer of Buy Irish Internet Services Ltd. You do not have the
authority to make or accept any offer of purchase on our behalf. All of
our policies regarding customer orders, including product availability,
pricing and problem resolution, will apply to these customers. We are
not responsible for any representations you make which conflict with
our policies.
Product Prices and Availability
The price charged for every product sold
under this program will be determined by us according to our own
pricing policies. Product prices may vary from time to time, including
suppliers' price increases and special discounts offered by us on
products that may already be listed by you. You may not specify product
prices in your descriptions and our policies will always determine the
price paid by the customer. Product availability changes frequently and
we will endeavour to present our best available information regarding
product availability. We cannot guarantee the availability or price of
any product.
Referral Fees
We will pay you referral fees on certain
product sales to third parties. For a product sale to be eligible to
earn a referral fee, the customer must follow a link from your site to
our site, select and purchase the product using our ordering system,
accept delivery of the product at the shipping destination, and remit
full payment to us.
Referral Fee Schedule
You will earn referral fees based on
qualifying revenues according to referral fee schedules to be
established by us and based around the minimum and maximum prices for
items that are available through the program.
Referral Fee Payment
We will pay you referral fees on a
quarterly basis. Approximately 7 days following the end of each
quarter, we will send you payment for the referral fees earned on our
sales of qualifying products that were shipped during that month.
However, if the referral fees payable to you for any quarter are less
than US$25.00, we will hold those referral fees until the total amount
due is at least $25.00 or (if earlier) until this Agreement is
terminated. If the customer returns a product that generated a referral
fee, we will deduct the corresponding referral fee from your next
quarter payment. If there is no subsequent payment, we will send you a
bill for the referral fee.
Policies and Pricing
Customers who buy products through this
Program will be deemed to be customers of Buy Irish Internet Services
Ltd. Accordingly, our policies, and operating procedures concerning
customer orders, customer service, and product sales will apply to
those customers. We may change our policies and operating procedures at
any time. For example, we will determine the prices to be charged for
products sold under this Program in accordance with our own pricing
policies. Product prices and availability may vary from time to time.
We will use commercially reasonable efforts to present accurate
information, but we cannot guarantee the availability or price of any
particular product.
Limited License
We grant you a non-exclusive, revocable
right to use the graphic images and text we supply and such other
images for which we grant express permission, solely for the purpose of
identifying your site as a Program participant and to assist in
generating product sales. You may not modify the graphic image or text,
or any other of our images, in any way. We reserve all of our rights in
the graphic image and text, any other images, our trade names and
trademarks, and all other intellectual property rights. You agree to
follow our Trademark Guidelines, as those guidelines may change from
time to time. We may revoke your license at any time by giving you
written notice.
Responsibility for Your Site
You will be solely responsible for the
development, operation, and maintenance of your site and for all
materials that appear on your site. For example, you will be solely
responsible for:
The technical operation of your site and
all related equipment Creating and posting descriptions on your site
and linking those descriptions to our site.
* The accuracy and appropriateness of
materials posted on your site (including, among other things, all
product-related materials).
* Ensuring that materials posted on your
site do not violate or infringe upon the rights of any third party
(including, for example, copyrights, trademarks, privacy, or other
personal or proprietary rights)
* Ensuring that materials posted on your site are not libellous or otherwise illegal.
We disclaim all liability for these
matters. Further, you will indemnify and hold us harmless from all
claims, damages, and expenses (including, without limitation,
attorneys' fees) relating to the development, operation, maintenance,
and contents of your site.
Term of the Agreement
The Term of this Agreement will begin
immediately 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 written (email) notice of termination. Upon the
termination of this Agreement for any reason, you will immediately
cease use of, and remove from your site, all links to our site, and all
BuyIreland.com trademarks, trade dress and logos, and all other
materials provided by or on behalf of us to you pursuant hereto or in
connection with the Program. You are only eligible to earn referral
fees on our sales of qualifying products occurring during the term, and
referral fees earned through the date of termination will remain
payable only if the related orders are not cancelled or returned. We
may withhold your final payment for a reasonable time to ensure that
the correct amount is paid.
Cancellation of This Agreement
Either party may choose to cancel or
terminate this agreement at any time and for any reason by written
notice of cancellation or termination to the other.
WARRANTY DISCLAIMER
WE MAKE NO WARRANTIES, REPRESENTATIONS OR
CONDITIONS WITH REGARD TO THE PROGRAM OR ANY PRODUCTS SOLD THEREUNDER,
WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING
WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY
ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF
TRADE. 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. LIMITATION OF
DAMAGESWE SHALL HAVE NO LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS ARISING
UNDER OR WITH RESPECT TO THIS AGREEMENT OR THE PROGRAM, EVEN IF WE WERE
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE
LIABILITY ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT OR THE
PROGRAM SHALL IN NO EVENT EXCEED THE TOTAL REFERRAL FEES PAID OR
PAYABLE BY US TO YOU UNDER THIS AGREEMENT.
Modification
We may modify any of the terms and
conditions contained in this Agreement, at any time and at our sole
discretion, by posting a change notice or a new agreement on our site.
Modifications may include, for example, changes in the scope of
available referral fees, referral fee schedules, payment procedures,
and Program rules. If any modification is unacceptable to you, your
only recourse is to terminate this agreement. Your continued
participation in the program following our posting of a change notice
or new agreement on our site will constitute binding acceptance of the
change.
Relationship of Parties
You and we are independent contractors, and
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.
Limitation of Liability
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 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
Program will not exceed the total referral fees paid or payable to you
under this Agreement.
Disclaimers
We make no express or implied warranties or
representations with respect to the Program or any products 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.
Independent Investigation
You acknowledge that you have read this
agreement and agree to all its terms and conditions. you understand
that we may at any time (directly or indirectly) solicit customer
referrals on terms that may differ from those contained in this
agreement or operate web sites that are similar to or compete with your
web site. You have independently evaluated the desirability of
participating in the program and are not relying on any representation,
guarantee, or statement other than as set forth in this agreement.
Spamming
Any Affiliate who sends unsolicited email
messages promoting their Affiliate Links or Pages or in any other way
promoting their affiliation with BuyIreland.com will be immediately
removed from the program. Any Affiliate who repeatedly spams any of the
Search Engine indexes will be similarly excluded.
Miscellaneous
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.
Governing Law
This Agreement shall be governed by and
construed in accordance with the substantive laws of Ireland, excluding
its conflict of laws principles. Any lawsuit relating to this Agreement
must be brought in the courts located in Ireland.
Headings
The titles and headings of the various
sections and paragraphs in this Agreement are intended solely for
convenience of reference and are not intended for any other purpose
whatsoever, or to explain, modify or place any construction upon or on
any of the provisions of this Agreement.
Assignment
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.
Waiver
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.
Free to Contract with Others
You understand that we may at any time
(directly or indirectly ) solicit customer referrals on terms that may
differ from those contained in this agreement or operate Web sites that
are similar to or compete with your Web site.
Independent Investigation
You have independently evaluated the
desirability of participating in the program and are not relying on any
representation, guarantee, or statement other than as set forth in this
agreement.
ACKNOWLEDGMENT AND ACCEPTANCE OF THE TERMS
BY SUBMITTING THIS APPLICATION AND CHECKING
THE "I AGREE TO THE TERMS AND CONDITIONS" BOX, YOU ACKNOWLEDGE THAT YOU
HAVE READ AND REVIEWED THIS AGREEMENT IN ITS ENTIRETY AND AGREE TO ALL
ITS TERMS AND CONDITIONS. |
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Eire postmark was 6th June and I received my package on 12th June. Very quick indeed! I will be over to visit my 1X1 plot soon :), Jill S, USA
Our piece of Ireland arrived today, in perfect condition. Giving it to my son as a birthday present. He will be thrilled. Thank you. Anne S, USA
I received my package today! I am so excited!!! The certificates are beautiful. Now if only St. Patrick's Day would hurry up and get here so I can give it to my boyfriend. Irish through and through, I know he is going to love it! Ginger G, USA
Sirs, I received your package today and I am completely delighted. Thank You very much for the effort that was put into it. C. Corbin, USA
I just wanted to let you know I received the package! Everything looks great! Rebecca F, USA
We received our order yesterday. We were very pleased with our order. Shannon C, USA
Gentlemen - I just received my piece of Ireland and I am thrilled with the presentation. This is to be a graduation gift for my daughter. We visited Ireland together last May for my 50th birthday and now it is her dream to move there one day. She has immersed herself in all things Irish since we have returned - food, music, movies, literature and legends. She is going to love this gift. D. Matthews, USA
My grandson Christoper will be thrilled beyond words when he opens his gift on Christmas day. Thank you all for this novel idea. K. Blodgett, USA
Just wanted to let you know that our package arrived yesterday, and we are thrilled! I bought the plot of land for my husband as an anniversary gift and he was extremely happy with it. He plans on framing the deed. I have told everyone I know about you and plan to use your services again for Christmas. Thank you very much! Denise S, USA
The certificates and pictures arrived today, in fine shape. I can't wait to give them to my brother on his 50th birthday! Thanks so much. Maureen D, USA
I wanted to let you know that my package arrived today. I am very impressed at how quickly it got here. We are gifting the piece of Ireland to a friend who will be celebrating her 90th birthday. Her maiden name is Flanagan and she has always enjoyed anything Irish, so I think she will be thrilled having a piece of Ireland. J Barta, USA
Thank you very much for your help. We received our package today. Wonderful service, thank you again! Susan P, USA
My dad and brother both received the plot info. I live in Fiji so it will take a bit longer...thanks again for all you help....this is a great gift! Kelly, Fiji
Just wanted to let you know I received my packet today. I am very pleased with the 1 foot of land I have purchased in Ireland. I finally am a land owner! Caroline L, USA
I'm just writing to say thank you very much the certificate arrived in Australia in great time. Its ever so exiting. Laura G., Australia
I just wanted to let you know the package arrived in the mail today. Just a quick glimpse of the pictures makes me want to come back tomorrow. We haven't been over in 3 years due to the birth or our boys, but are looking forward to another trip in the next few years. My husband and father will love their piece of Ireland, especially since Dad will never make the trip. Kathy C, USA
I received my package. My husband loved it, and can't wait until we visit Ireland again so that he may visit his "property". Thank you very much. Jenifer N, USA
Received my package yesterday. June 30th is my first wedding anniversary and this will make the perfect gift for her. Thanks, Neil H, USA
Hello John & Thomas, I received my package today and would like to thank you for the care you took in sending it to me. We are looking forward to giving it as a gift and to visiting it in the near future! Have a great day. R. Pauze, USA
Thank you sir! Your services were exceptional. I've been through 3 girlfriends and each one i ordered land for them. ES, USA
I am pleased to inform you of the arrival of my order. It actually came yesterday, but I didn't have a chance to email you. I absolutely Love It! Thank You SO much. I hope all of your customers are as pleased as I am. Have a Wonderful Day! Again, Thank You, Megan, USA
Just to let you know that I received today my papers and pictures of the plot of land that I have bought...thank you so much for getting it here so quickly. I'm having a grand time with sharing it with my friends both here in the US, Ireland and the UK. Makes me feel good to have a wee bit of land from the country where my family roots are from. Thanks again for getting the things here so quickly Slan Cheryl H, USA
Thank you & I am very happy with this purchase. Melissa H, USA
Just to let you know I received my order yesterday in perfect condition. Thank you very much for the prompt service. James S, USA
Thank you, got the package last Saturday. Framed and hung on the wall already. Have been looking into my Irish heritage. Don't know yet where they came from in Ireland, but I thought owning my own little piece of Ireland would be great. Hoping to take a trip to Ireland next year. Thanks again Patty, USA
I received my order on Tues. 10th. I can't believe how quickly it arrived. I am so happy because I wanted it for this weekend for Father's Day. My Dad is going to love it!!! We've been to Ireland a few times. Next time, we'll have to check out the land!! Thank you very much! Kolleen, USA
Hello! My package arrived on Saturday! Thank you, thank you, thank you! I'm sure my sister will love it! Her birthday is St.Patrick's day ... and we're Irish so, I know it will be perfect! Thank you! Emily, USA
Received my package this morning. I am very pleased thank you so much. Cannot wait to plan my trip to Ireland and see it for myself. T. McCowan, USA
We received our order while on vacation so can't really tell you when it got here. I will be ordering again for each or our children soon. Great idea!! Beautiful country. Michelle S, USA
I received the order yesterday. Thank you so much for the prompt service. Rose F, USA
I received the package today. This is my 3rd so far. I think it is an awesome idea and enjoy seeing friend's faces when they open it. Kasia W, USA
The certificate of ownership looks really neat! Brian P, USA
I am very impressed with the paperwork. I'm using it as a birthday present for my fiance. We've been to Ireland a number of times and we are very familiar with the area where her "little piece" of Ireland is. She's going to love it, I know. Thanks. Ken Q, USA P.S. A couple of friends were so impressed with it that they plan on ordering some, too. Ken Q, USA
My mother was the recipient and she was absolutely thrilled!! Thank you very much for making her birthday a great one!! Kylie P, USA
Thank you very much, my wife really likes it. More incentive for her to come back to Ireland! J. Kautz, USA
I was so happy to see the paperwork in the mail on Monday, May 12, 2008. It just happened that this was the night I was giving the gift to a friend as a graduation gift for earning a master's degree. She loved it, it was such a unique gift. She is excited to visit her piece of Ireland. I will definitely buy more pieces of land in the future. Absolutely a perfect and unique gift. D. Blanchard, USA
I received your order today. It was a gift for my father and it worked out great. Thank you. T.M., USA
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