Terms & Conditions - Bruce King

Welcome to our website. In using this website you are deemed to have read and agreed to our terms and conditions. The Affiliate Program Terms & Conditions follow the general terms and conditions and are way down this page.:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company Out’a The Box Marketing Ltd, trading as Sales Coaching Online and Bruce King, “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Disclaimer

Exclusions and Limitations

The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:

excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
excludes all liability for damages arising out of or in connection with your use of this website and the services provided by Bruce King. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Payment

Payment for all services is in advance. We accept payment by Direct Debit, all major Credit /Debit Cards via PayPal, PayPal and by BACS. Payment is due before services commence. If payment is made by BACS, please email us to advise payment has been sent.

When regular payments are agreed and set up, they must be done as a recurring payment to avoid interruption to the service but of course may be cancelled by you before auto-renewal takes place..

Cancellation Policy

Minimum 24 hours’ notice of cancellation required. Notification for instance, in person, via email, mobile phone ‘text message’ or any other means will be accepted subject to confirmation in writing.

Termination of Agreements and Refunds Policy

No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway and no refunds are offered on any downloadable products or services once they have been downloaded.

Availability & Copyright

You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Log Files

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Links to this website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

Copyright and other relevant intellectual property rights exist on all the Company’s services and the entire content of this website.

Communication

Our contact information, can be found on our Contact Us page.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled here under shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of the United Kingdom govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis

These terms and conditions form part of the Agreement between the user and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

Affiliate Terms & Conditions:

The purpose of this program is to reward Affiliates for any new customers that they refer to our programs by properly promoting the the domains through legitimate methods.

By starting with this affiliate program, you agree to abide by the terms and conditions detailed in this Agreement.

This Agreement contains the complete terms and conditions that apply to your participation. This Agreement constitutes the entire agreement between Out’a The Box Marketing Ltd., Bruce King and his various trading names. Your Acceptance of these terms and conditions will be indicated by joining the program.

Affiliate Program Terms and Conditions

1. Definitions

“This Agreement” shall mean the contents of the contract between Out’a The Box Marketing Ltd., Company No. 6735839, whose registered office is at Hallswelle Houser, 1 Hallwswelle Road, ,England, NW11 0BH.
in respect of the Program.

‘the Program’ shall mean the affiliate Programs as set out on the Site and that is governed by this Agreement.

‘the Link’ shall mean the HTML link provided from time to time by us to link the Affiliate’s website or other promotional methodology to the Site.

‘the Affiliate’ shall mean the party who agrees to take part in the Program.

2. The Program

2.1) The Program shall be the affiliate program as set out on the Site from time to time.

2.2) We are entitled to vary, amend or cancel the Program without giving notice to the Affiliate and will make any such change by publishing any revised terms on the Site.

2.3) The Program is expressly a business-to-business relationship and both we and the Affiliate enter into it in a business capacity and not as a consumer.

2.4) The Program does not entitle the Affiliate to represent themselves as an agent, partner or any other form of associate of us other than as an Affiliate as expressly provided for in this Agreement.

3. Suitability our Programs

3.1) We reserve the right to terminate this Agreement and the Affiliate’s status at any time for any reason whatsoever at its sole discretion.

3.2) In particular if we deem that the Affiliate’s website or other promotional methodology is inappropriate for the Program then this Agreement shall be terminated. The Affiliate’s website may be deemed inappropriate if in our view it contains, promotes or contains links to sites that are:

3.3) discriminatory, sexually explicit or violent material, or

3.3) promote, depict or contain links to material that promote or depict discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age, or

3.4) contains unlawful material, this shall include but not be limited to materials that may possibly violate another’s intellectual property rights, or

3.5) contains information regarding, promotes or links to a site that provides information or promotes illegal activity, or

3.6) for any other reason that is deemed (at our sole discretion) to be unsuitable.

3.7) We reserve the right to withdraw Affiliate status at any time after you have been accepted onto the Program for any reason that we deem relevant. Acceptance into the Program does not mean that we have specifically approved the Affiliate or its website.

4. Legitimate methods of advertising

4.1) In order to receive commission’s for referring customers, the Affiliate must engage in proper advertising. Affiliates found to be engaging in improper advertising shall have their agreement terminated and their affiliate status revoked. We shall be the sole and absolute arbiter of what constitutes proper advertising.

4.2) A non-exhaustive list of examples of improper advertising shall include but not be limited to:

4.2.1) the forwarding of any urls direct to our website and its’ various programs

4.2.2) forcing cookies through iframes;

4.2.3) advertising through third party networks; with the exception arising from Clause 4.3 below;

4.2.4) brand bidding (including misspells) for PPC advertising,

4.2.5) including your affiliate link within Unsolicited Commercial Email (UCE) or SPAM,

4.2.6) including any of our url in search adverts.

4.3) Affiliates are permitted to promote through various social media communities, as a limited exception to Clause 4.2.3 above. However, Affiliates are not permitted to create groups or specific web pages in social communities whereby they purport or hold themselves out to be our representatives.

4.4) We reserves the right to conclude that you have engaged in an improper method of advertising according to our standards, at our sole discretion. We may come to such a conclusion even if it is based upon our opinion or mere suspicion or belief and is without any duty on us to prove that our opinion or suspicion is well-founded; and even if our opinion is proven not to be well-founded or if other hosting/domain name companies have not deemed it to be an improper method of advertising.

4.5) Any Affiliate found to be adopting improper methods of advertising for the purpose of the Program shall be deemed to have been in breach of this Agreement and shall have their Affiliate status revoked. Such an Affiliate will therefore immediately cease in being our Affiliate.

4.6) Any sales that have been generated through improper advertising will not qualify for commission or credit from us.

5. The Procedure

5.1) Subject to the terms of this Section, we will provide to you all Links, and any related banners, graphics, or text advertisements necessary to promote and offer our Services to your site’s visitors and/or its members. The link may contain any picture, text, logo, graphic, that maybe be attributed with us.

5.2) We reserve the right to change the content and or display of the Link from time to time in our sole discretion. The link will connect your site with the area on our site (the landing page) where your referral may apply directly with us. The presence our link on your site or other promotional methodology will serve to identify you as a member of our Affiliate Program.

6. The Payment of Commission

6.1) Once a customer has arrived at our website having followed the Link, their actions on our website will be tracked for 120 days using a cookie. You will earn commission on their first order that is placed during the 120 day period. Sales Coaching Online will not be responsible for commissions missed due to the cookie being deleted or blocked or in any other way failing to track the customer from the Link.

6.2) Affiliates will only earn commission fees with respect to activity on our site occurring directly through the Link that will appear on their website or other promotional methodology

6.3) We are under no obligation whatsoever to pay any commission to any Affiliate who does not strictly follow this Agreement as published from time to time.

6.4) We reserve the right to take legal action against any Affiliate that commits fraud, or conspiracy to defraud and to recover any commissions paid to an Affiliate which was earned as a result of such fraud. For the purposes of this agreement fraud shall include but not be limited to wittingly violating the terms of this Agreement.

6.5) We will only make a payment to the Affiliate when the level of commission due at the end of a given calendar month is above the commission balance threshold.

6.6) the commission balance threshold for the purpose of this agreement is $25 (Twenty-five US Dollars)

6.7) We reserve the sole right to change the commission balance threshold at any time it sees fit without the prior the consent of its affiliates. In the event of a commission balance threshold change we shall notify all its affiliates of the change before hand. If any modification to the commission balance threshold or the Agreement as a whole is not acceptable to an Affiliate, the Affiliate shall be entitled to terminate this Agreement. If an Affiliate terminates this Agreement for any reason whatsoever then it shall not be entitled to any commission payments earned after it has terminated this Agreement.

6.7) The Affiliate’s continuing participation in the Program constitutes its acceptance of any change to the commission balance threshold or to any other part of this Agreement.

6.8) Affiliates that exceed the commission balance threshold will automatically be sent a payment each month a payment is due. Affiliates that do not exceed the commission balance threshold can apply their balance as credit and use it for the renewal of their Online accounts with us or use this credit to purchase membership of any program.

6.9) Affiliates that do not reach the commission balance threshold in one calendar month will not lose their accrued commission, instead this commission can be used as a credit. Their accrued credit for that particular calendar month will be carried over and applied to the next calendar month, this process shall continue until the affiliate reaches the commission balance threshold when they will be entitled to receive a payment from us.

6.10) To allow for potential refunds, we will only pay out commissions on sales that are 60 days old.
Commissions for sales over 60 days old will be paid once the threshold is reached.

6.11) Payments shall be sent to Affiliates via PayPal. It is the sole responsibility of an Affiliate to make sure that their contact details and PayPal details are up to date and accurate on our system in order to facilitate the payment reaching them.

6.14) Affiliates will be paid Commissions for the first order made by their referral customer and on all subsequent orders including renewal of monthly and annual membership fees. We will not pay commission for products that an Affiliate purchases for itself through the Link. The system will simply not recognise this as an Affiliate sale.

6.15) The rates of commission payable to the Affiliate from time to time shall be published on the Site and this shall be included in this Agreement as Schedule 1 to it. Schedule 1 may be amended or varied by us at any time without reference to the Affiliate. Any revised rates of commission payment shall take effect from the day that the amended Schedule 1 is published on the site.

7. Our Obligations

We agree to undertake the following obligations:

7.1) provide all information necessary to allow the Affiliate to make necessary the Link from our site to the Affiliate’s site,

7.2) processing all orders for our products or services placed by a referral following the Link,

7.3) tracking the number and amount of relevant sales generated through the Link,

7.4) providing information to you regarding commission payments,

7.5) credit card authorisations, payment processing, cancellations, and all other related customer service for the purpose of our business, and

7.6) establishing the commission balance threshold, payment frequency and payouts of earned commissions as contained in Section 6 of this Agreement.

8. The Affiliate’s Obligations

The Affiliate agrees to be solely responsible for the following and shall keep us fully indemnified in respect of:

8.1) the content of the Affiliate’s site or any site that they may be connected to,

8.2) any misrepresentation of our products or services,

8.3) making of any false claims, representations or warranties in connection with our products and services,

8.3) ensuring that your site and your products and services that you offer from your site comply with all applicable copyright, trademark, any intellectual property right, Data Protection, anti-spam or any other applicable law,

8.4) obtaining permission to use another party’s copyrighted or any other proprietary material,

8.5) the development, operation and maintenance of the Affiliate’s site and for all materials that appear on it. For the purposes of this Agreement this shall include but not be limited to, the technical operation of your site and all related equipment; the accuracy and propriety of materials posted on your site; and ensuring that materials posted on your Site do not violate or infringe upon the rights of any third party and are not libellous or otherwise unlawful or illegal. we hereby disclaim all liability for all such matters,

8.6) Affiliates also agree to indemnify and hold us, its parent company, sister companies, subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, expenses, and costs insofar as such arise out of or are based on, or in any way connected with this Agreement.

8.7) complying with all applicable EU- and national laws and regulations in force from time to time this shall include, but not be limited to, the EU-directive 2002/58/EC, and

8.8) the payment of all tax and national insurance payable on any payments made to you by us.

9. Right to Name as a Reference Customer

9.1) Affiliates shall not create, publish, distribute, or permit any written or graphical material that makes reference to us other than those mentioned in this Agreement or otherwise provided by us, without our prior written consent and we reserve the right to refuse any request for consent under this Agreement.

10. The License

10.1) We grant to the Affiliate a non-exclusive, non-transferable, revocable right to access our Online site through the Link solely in accordance with the terms of this Agreement. This license shall be used solely in connection with the Link, and it will extend to the use of our logos, trade names, trademarks and similar identifying material relating to us, shall provide to the Affiliate, for the sole purpose of establishing the Link to our site, so customers can purchase our products and services.

10.2) Affiliates cannot modify or change the Link or any other materials provided by us in any way.

10.3) Other than establishing the Link, the Affiliate shall not make any use of any of the licensed materials noted in the aforementioned paragraph provided by us without first obtaining our prior written consent. Affiliates shall not use the Licensed Materials in any manner that is inappropriate or that is in any way detrimental to any of our brands.

10.4) We reserve all of its rights in the materials provided and all of its other proprietary rights. We shall be entitled to revoke this license to use the Link or the materials at any time and at our sole discretion.

10.5) The licenses described in this Section shall expire upon the termination of this Agreement.

10.6) Any inappropriate use of the Link, text, banners or other advertisements not expressly approved of in writing or provided by us may be cause for immediate termination of this Agreement.

11. Terms of the agreement

11.1) The terms of this Agreement will begin upon your signup with the Program and will end when your affiliate account is terminated.

11.2) Upon the termination of this Agreement any commission that has not yet reached the commission threshold shall be turned into credit which can only be used to purchase products or services from us. Affiliates that have reached the $25 commission threshold will be paid upon the termination of the Agreement subject always to the terms of this Agreement as shall be published from time to time.

12. Modification

112.1) We reserve the right to modify or otherwise change the terms of this Agreement at any time as we see fit. We shall make such modifications by way of publishing revised terms on the Site. Affiliates only remedy in the event of revised terms of this Agreement being published shall be to terminate this Agreement. An Affiliate shall be deemed to have accepted of any modification to this Agreement as published from time to time.

13. Limitation of Liability

13.1) We shall not be liable to the Affiliate or to any other person, for indirect, incidental, or special damages, lost profits, loss of goodwill, lost savings, or any other form of consequential damages, regardless of the form of action, even if we have been advised of the possibility of such damages, whether resulting from breach of its obligations under this Agreement or otherwise.

13.2) Our entire liability in respect of any liability arising under this agreement will not exceed the total commission fees paid or payable to the Affiliate under this Agreement.

13.3) We make no warranties, either express or implied, concerning the performance or functionality of our services, or the Programs as a whole. This includes but is not limited to the Link or any other affiliate advertisements and hereby expressly disclaims all implied warranties, including warranties of merchantability or fitness for a particular use or purpose.

13.4) We shall under no circumstances be liable to the Affiliate or to any other person or entity for any loss, injury, or damage, of whatever kind, resulting from or arising out of any mistakes, errors, omissions, delays, or interruptions in the receipt, transmission, or storage of any messages or information arising out of or in connection with the Programs.

14. Governing Law

14.1) This Agreement is governed by, and is construed in accordance with the laws of England and Wales.

14.2) The Courts of England and Wales shall have jurisdiction to hear any disputes arising from this Agreement.

14.3) We shall not be liable for the legality of our service in countries other than the United Kingdom.

14.4) Affiliates are solely responsible for the legality of the use of the service if the Affiliate in question is registered with us from a country other than the United Kingdom or if the Affiliate’s website is on a server in a country other than the United Kingdom.

15. Acceptance

15.1) By clicking signing up as an Affiliate, the Affiliate acknowledges that they have read the terms and conditions of this Agreement, understand them and agree to be bound by them.