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Affiliate Programme - Terms and Conditions

Unsuitable Sites: The Hamper People Limited may reject your affiliate application if we find that your site is incompatible with ours. Unsuitable sites include material that include, but are not limited to, ones that: Promote sexually explicit materials Promote violence Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age Promote illegal activities

Site Responsibility: You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. Your responsibilities include, and are not limited to:

• Technical operation of your website.
• Maintaining your link with The Hamper People's site and verifying its validity.
• Making sure that the material on your site is appropriate and accurate.
• Verifying that material on your site does not violate or infringe on the rights of any third party (e.g. Copyrights, trademarks, privacy or other personal or proprietary rights). 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.
• Ensuring that materials 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 content of your site.

Term of the Agreement: The term of this agreement will begin upon our acceptance of your application and will end when terminated by either party. Either you or we may terminate the agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this agreement for any reason, you will immediately cease use of, and remove from your site, all The Hamper People trademarks, tradedress and logos, and all other materials provided by or on behalf of us for this programme.

Modification: We may modify any of the terms and conditions in this agreement, at any time and in 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 programme rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the programme following our posting of a change notice or a new agreement on our site will constitute binding acceptance of the change.

Limitation of Liability: We will not be liable for indirect, special or consequential damages (or any loss of revenues profits or data) arising in connection with this agreement, even if we have been advised of the possibility of such damages.

Disclaimer: We make no express or implied warranties or representations with respect to the programme or any products sold through the programme. 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.

Order Processing: We will process product orders placed by customers who follow links from your site to that of hamperpeople.com. We reserve the right to reject orders that do not comply with our requirements. We will be responsible for all aspects of order processing and fulfilment. We will prepare order forms; process payments, cancellations and returns; and handle customer service. We will track sales made to customers who purchase our products using links from your site to our store and will provide you reports summarising this sales activity. In addition, we will provide you with a URL and password that will enable you to track all traffic and sales from your site to ours at your discretion.

Customers who buy products through this Programme will be deemed to be customers of The Hamper People Limited. Accordingly, all our rules, policies, and operating procedures concerning customer orders, customer service, marketing, promotions, and product sales will apply to those customers. We may change our policies and operating procedures at any time.

Commissions: Subject to the terms and conditions of this Agreement we will pay you commission on all product sales generated from your site. For a product sale to generate a commission, the customer must follow a link from your site to our store, purchase a product using our ordering system, accept delivery of the product at the shipping destination, and remit full payment to us.

You will earn commission on sales revenue from qualifying products. Sales revenue means the price a customer pays for a product and excludes shipping and handling costs, returns, chargebacks, fraud, exchanges and taxes. Subject to the terms and conditions of this Agreement, we will pay you commission on a monthly basis. We will send you a cheque for the commission earned on products that were shipped during that month, less any taxes that we are required by law to withhold. Invoices are payable in full within 28 days.

You are only eligible to earn commission on sales occurring during the term of the agreement. Commissions earned through the date of termination will remain payable only if the related product orders are not cancelled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

Web Site Information: Participants acknowledge and agree that their web site information (name, URL, traffic counts, etc.) may be utilised by The Hamper People. Possible uses include (but are not limited to) lists of the busiest sites, lists of member sites, etc. Participants agree to allow The Hamper People to use screen shots of any web page that contains The Hamper People HTML code in The Hamper People promotional materials. The information provided by The Hamper People to members may be proprietary in nature. Participants acknowledge that they are not competitors of The Hamper People and agree not to share this information with any competitors.

Links on Your Site: We will make available to you a graphic image that identifies your site as a Programme participant. You will prominently display this logo or the phrase "in association with The Hamper People" on your site. We may modify the text or graphical image of this notice from time to time. If we do so, you must display the modified text or graphical image in lieu of the old one. In addition, we encourage (but do not require) you to include a link to The Hamper People home page at www.hamperpeople.com.

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.

Limited Licence: We grant you a nonexclusive, revocable right to use the graphic image and text described supplied to you and such other text or images for which we grant express permission, solely for the purpose of identifying your site as a Programme participant and to assist and promote the sale of Products on our Site. You may not modify the graphic image and text or any 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. We may revoke these rights at any time by giving you written notice.

You agree that you have no rights, title or interest in any Hamper People website text, content, image or other intellectual property. You agree not to apply for registration of any of our images, content or any other intellectual property anywhere around the world. You agree that you will not engage, participate or otherwise become involved in any activity or course of action that diminishes and/or tarnishes The Hamper People.

Miscellaneous: This Agreement will be governed by the laws of England, without reference to rules governing choice of laws. 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. Notwithstanding any other provision in this Agreement, nothing in this Agreement is intended to confer on any person (other than our Affiliates) any right to enforce any terms of this Agreement which that person would not have had.

You acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in this programme and are not relying on any representation, guarantee or statement other than as set forth in this agreement.