TERMS AND CONDITIONS

This Affiliate Programme covers the sale of photographic mounted posters and canvasses through the ID2 Design website. No other products or services are covered by this Agreement nor are they included in this Affiliate Programme.

This Agreement describes the terms and conditions for participation in the ID2 Design Affiliate Programme. The terms "Affiliate," "you," and "your" are referring to you, the applicant. "We" and "our" refer to ID2 Design.

We are independent parties and this Agreement does not constitute a partnership.

Links

ID2 Design will make available to you graphic and/or textual links, which establish a hyperlink connection from your website to our website. The links will incorporate a referral number, assigned by the ID2 Design Affiliate Programme system, which will uniquely identify you with respect to sales referred to ID2 Design in connection with this programme.

ID2 Design will not be responsible for link failures due to any modifications to the links made by you. You agree that your website will not in any way copy or resemble the look and feel of the ID2 Design website, nor will you create the impression that your website is the ID2 Design website.

Website responsibility/restrictions

ID2 Design reserves the right not to accept any site into the Affiliate Programme based on site content. Sites that do not qualify for the Affiliate Programme include sites such as those that are:

• X-rated and promoting sexually explicit materials;
• promoting violence and discord;
• promoting discrimination based on race, sex, religion, nationality, disability or age;
• promoting illegal or questionable activities;
• violating intellectual property rights.

You will be solely responsible for the development, operation and maintenance of your website and for all materials that appear on it.

Such responsibilities include, but are not limited to:

• ensuring that your website operates properly with respect to the use of the links;
• ensuring the accuracy and appropriateness of materials posted on your website;
• ensuring that materials posted on your website do not violate any law, rule or regulation, or infringe upon the rights of any third party (including, for example, copyright, trademarks, privacy or other personal or proprietary rights);
• ensuring that materials posted on your website are not libellous or otherwise illegal, do not include any sexually explicit material, and do not promote any illegal or morally offensive activity.

Spam (UCE)

Unsolicited Commercial E-mail – ID2 Design in no way participates in mass unsolicited e-mailing (ie spamming), and all Affiliates are expected to adhere to this policy as well. Violation of this policy will result in the immediate termination of this contract and immediate dismissal from the ID2 Design Affiliate Programme. All commissions earned are forfeited.

Licences

All Affiliates are subject to ID2 Design approval.

ID2 Design reserve the right to refuse affiliation to any individual/company and will not enter into discussion in the event that your request is not approved.

Our decision is final and email communication will not be entered into.

ID2 Design hereby grants you a non-exclusive, non-transferable, revocable and limited licence to reproduce and display the ID2 Design trademarks and logos provided to you by ID2 Design in connection with the display of the links.

ID2 Design must see and approve your website content prior to issuing licence and any changes made to your website after licence has been issued should be brought to the attention of ID2 Design within 24 hours of change.

Consideration

For each individual print sale (mounted poster or canvas) referred to ID2 Design, you shall be entitled to receive from ID2 Design a referral fee equating to 15% of the sales price (excluding shipping cost where applicable), subject to the following terms:

The Affiliate Programme is not designed to facilitate a single purchase for the private use of an Affiliate. Therefore, referral fees apply only to sales of the second and subsequent individual prints (mounted poster or canvas). Thus:

• Affiliate generates one sale: no commission earned;
• Affiliate generates three sales: commission is earned on two sales;
• Affiliate generates twenty sales: commission is earned on nineteen sales;
• Affiliate generates three sales today and a further two sales in five weeks’ time: commission is earned on four sales.

Referral fees can only be earned between the acceptance of the Affiliate application and notice of termination.

The referred individual must purchase at least one mounted poster or canvas and must meet all payment obligations to ID2 Design .

Commission is calculated on actual sales, which might occasionally be based on special offers and lower sales prices.

ID2 Design is currently not registered for VAT and each Affiliate, therefore, will be responsible for any such tax payable via their specific transaction.

After the end of each calendar month, and within 30 (thirty days) ID2 Design will make any payment due to each Affiliate, for referred individuals meeting the conditions listed above, via bank transfer (BACS), according to the account details originally supplied. All Affiliates will be asked to submit their bank account details for BACS payments only after their application to join the Affiliate Programme has been approved. Invoices will only be issued for months that have generated sales and will be sent by email.

ID2 Design will not be held responsible for failure to make referral payments due to technical problems, acts of third parties, or events outside their control. Any charge backs or fees from a returned order will be adjusted in the following fee payment.

ID2 Design reserves the right to change the amount of the referral fee upon giving notice.

Order processing

ID2 Design will be solely responsible for processing every order placed by a customer. Customers who purchase products and services through the Affiliate Programme will be deemed to be customers of ID2 Design . Prices and availability of our products and services may vary from time to time. ID2 Design policies will always determine the price paid by the customer. We reserve the right to reject any order that does not comply with our rules, operating procedures and policies.

Modification

By posting a Change Notice or a new Agreement on this site, we may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but are not limited to, changes in the scope of available referral fees, fee schedules and payment procedures. If any of the modifications are unacceptable to you, your only recourse is to terminate this Agreement. If you continue participation in this Affiliate Programme following the posting of a Change Notice or new Agreement, it will be considered to be your acceptance of the change.

Agreement duration

This Agreement will begin upon our acceptance of your Affiliate application and will end when terminated by either party. Termination may happen at any time, with or without cause, by giving the other party written notice of termination. Notice will be provided by email.

Indemnification

You acknowledge that by participating in the ID2 Design Affiliate Programme, ID2 Design does not assume, and should not be exposed to, the business and operational risks associated with your business, or any aspects of the operation or content of your website(s).

Accordingly, you shall defend, indemnify, and hold harmless ID2 Design from/against any suit, proceeding, assertion, damage, cost, liability, and expenses (including court costs and reasonable legal fees) incurred as a result of claims of customers or other third parties’ claim against ID2 Design and its suppliers, officers, directors, employees and agents arising from or connected with your website, including without limitation any activities or aspects thereof or commerce conducted thereon.

Limitation of liability: disclaimers

Except with respect to liabilities arising under indemnification, under no circumstances shall either party be liable to the other party for indirect, incidental, consequential, special or exemplary damages, including, without limitation, damages for loss of revenue or lost profits arising from any provision of this Agreement, even if such party had been advised of the possibility of such damages. Furthermore, our aggregate liability arising with respect to this Agreement and the Programme will not exceed the total commissions paid or payable to you under this Agreement.

ID2 Design can accept no responsibility for any loss due to a delay or other problems in delivering the printed products order.

Disclaimer

We make no express or implied warranties or representations with respect to the Affiliate Programme or your potential to earn income from the ID2 Design Affiliate Programme.

The laws of the United Kingdom will govern this Agreement. Any action relating to this Agreement must be brought in the courts located in the UK and you irrevocably consent to the jurisdiction of such courts. 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.

By submitting the Affiliate Agreement form, you acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated this programme and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.