I) General Provisions
- These Terms and Conditions govern the rights and obligations of the parties joining The Farrars Independent Traders Affiliate System.
- The organizer of the affiliate system and the owner and operator of all the Farrars Independent Traders sites is Farrars Independent Traders with the business HQ at 6, West Lea Drive, Wakefield, West Yorkshire, WF3 1DH.
- The affiliate program is limited to one account per household or legal entity as enforced by Farrars Independent Traders.
- These Terms and Conditions and the rules set out herein constitute a legally binding agreement between the User and FarrarsIT.co.uk and all subdomains.
- The user hereby declares that he or she is at least eighteen (18) years of age, has full legal capactity and consents to the conditions set out in these Terms and Conditions.
If the User acts on behalf of a legal entity – the User hereby asserts to Farrars Independent Traders that they are authorized to enter into commitments arising from the execution of this Agreement for and on behalf of such legal entity, and acceptance of the Terms and Conditions by the User will be the equivalent to acceptance to the agreement by the legal entity.
- Farrars Independent Traders does not allow nor agree to any violation of the law or third parties rights by Users, in particular intellectual property rights, copyrights, personal data protection rules and principles of fair competition.
- All texts, graphics, interactive features, apps, software, logos, images, files and all other materials used by the Farrars Independent Traders Site or Sub-Domain Sites, except for those provided by customers for use on their product image for their own stores/products. The said property is protected by copyright, design rights, trademark rights and other legislation, including international conventions and ownership.
All such rights are reserved by Farrars Independent Traders. All trademarks, brand and trade names are the property of Farrars Independent Traders.
Without the express permission of FarrarsIT.co.uk, the User may not sell, distribute, copy, modify, reproduce, publicly display or transmit, publish, license them to other entities, build derivative works from them, edit or adapt such elements.
- Farrars Independent Traders is NOT an electronic money institution and does not take any payments directly, all payments are made through Google Wallet’s Secure Gateways.
- Farrars Independent Traders reserves the right to amend, change or modify these Terms and Conditions, which it may do at its sole discretion at any time by posting the amended Terms and Conditions to this Site. The User is therefore obligated to regularly check these Terms and Conditions, and any User that continues to use The Farrars Independent Traders Affiliate System after the posting of amended Terms and Conditions shall have been deemed to have legally accepted the amended Terms and Conditions.
Unless provided otherwise, amended Terms and Conditions shall come into force automatically seven (7) days after their publication on the Site.
II) Basic Definitions
Farrars Independent Traders – owner and operator of the Site referred to in Section I, paragraph 2 above.
Site – a group of related websites that are hosted on the Internet from the address farrarsit.co.uk.
General Site – a group of related websites that are hosted on the Internet from www.farrarsit.co.uk address including all subdomains of said domain.
User – any natural or legal person who makes use of the Site and any of its functions and that has registered to the Site.
Terms and Conditions – these Terms and Conditions which establish a set of rules for the use of the Site and the rights and obligations of the Users and Farrars Independent Traders, which constitute a set of rules for the provision of electronic services.
General Terms and Conditions – a set of rules published on www.farrarsit.co.uk includuing the rights and obligations of Users, Shop Owners, Customers and Farrars Independent Traders which constitute a set of rules for the provision of electronic services.
The Farrars Independent Traders Affiliate System or Affiliate System – an affiliate program set out in these Terms and Conditions, with which the Users can search for persons who may purchase the products or services offered through the Site and the General Site and earn benefits if such “AffiliateLinked” person decides to purchase.
AffiliateID – a username that is unique to each User that lets them login to the affiliate System.
AffiliateLink – a special website address generated by the affiliate functionality of the Site, containing a unique identification of the User, serving as a tool for the User to invite new Users to take advanced of the services/features of the Site or General Site. When clicking on the link, the AffilateLinked person can see the products/services available on the Site.
Tier AffiliateLink – a special website address generated by the affiliate functionality of the Site, containing a unique identification of the User, this works same as the above AffiliateLink but is attached to the original affiliate who recruited the Tiered Affiliate aswell as the User.
AffiliateLinked Person – a Person who clicked on the AffiliateLink placed by the User and bought a product or service offered through the Site or General Site.
Tiered AffiliateLinked Person – a Person who clicked on the AffiliateLink placed by a Tier Affiliate and bought a product or service offered through the Site or General Site.
Tiered Affiliates – Users are connected to via Referral from other Users in the affiliate System.
Affiliate is the User and anyone that signs up from their AffiliateLink will become a Tier Affiliate.
If User 1 refers User 2, User 2 becomes a Tier Affiliate of User 1,
if User 2 then refers User 3, User 3 becomes a Tier Affiliate of User 2 and has no relation to User 1,
if User 3 then refers User 4, User 4 becomes a Tier Affiliate of User 3 and has no relation to User 1 nor User 2.
III) The Farrars Independent Traders Affiliate System
- The Farrars Independent Traders Affiliate System allows Users to obtain financial benefits when an AffiliateLinked or Tiered AffiliateLinked Persons purchases products or services through the Site or General Site.
- Users of affiliate System must be registered on the Site by submitting their e-mail address, home address, first name, last name, contact number and Google Wallet e-mail address.
An AffiliateID and password will be provided once the user has been approved to join the system.
- The Site provides all AffiliateLinks for the Users.
- To obtain benefits through The affiliate System, the User can play a System generated AffiliateLink assigned to their account in any viable place.
A User must not send unsolicited e-mail (so called spam) containing AffiliateLinks, and must – before placing an AffiliateLink – read the terms and conditions of any such sites and verify that AffiliateLink placement does not violate any of the site rules.
- Users that participate in The affiliate System may receive financial benefits from said participation as a result of purchase of products or services, made by AffiliateLinked or Tiered AffiliateLinked Persons. Any financial benefit received by User is gross remuneration including VAT if the activities for which remuneration is paid is subject to VAT for which User is solely responsible.
- All products on the General Store unless labeled will earn the User the agreed commissions % as shown on their Affiliate Dashboard when purchased by a AffiliateLinked or Tiered AffiliateLinked Person. All commissions are denominated in GBP. The User acknowledges and agrees that some products and services, as determined by Farrars Independent Traders in its sole discretion, are not covered by the affiliate System.
- If an AffiliateLinked or Tiered AffiliateLinked Person, of User utilizes the AffiliateLink of a different User (hereinafter “different User”) then User may cease to receive remuneration for said AffiliateLinked or Tiered AffiliateLinked Person and future AffiliateLink remuneration and any new further Tiered Affiliates shall be associated with different User according to the Terms and Conditions as set forth herein.
- Regardless of remuneration referred to in paragraph 6 above, the User will also receive remuneration for purchases made through referrals by their Tiered Affiliates.
This means that the User receives remuneration for purchases made by the directly Tiered Affiliates that User referred.
- Users that have been awarded with discount coupons will receive remuneration on purchases made by Person using said discount coupons regardless of AffiliateLink used by Person.
- The process of calculating the amount of remuneration that the User receives per order is based on the variable percentage rates indicated in the affiliate Dashboard. The default percentages are 10% for standard affiliate Commission Level and 2% for 2nd Tier Commission Level transactions. Remuneration does not include any postage&packing costs associated with an order. The amount of remuneration is calculated in the following way.a) a purchase by that Person of products or services through the Site using the AffiliateLink of User will earn the stated Commission Level as listed in User affiliate Dashboard.b) a purchase by that Person of products or services through the Site using a Tiered AffiliateLink will earn the Stated Commission Level to the User who created the AffiliateLink and the stated 2nd Tier Commission Level to the original Affiliate that referred said Tiered Affiliate.Example 1: User “A” placed his AffiliateLink within a social network, which was clicked on by User “B” (the AffiliateLinked Person) who, having familiarized himself with the offer of the Site and the benefits of the products, services and purchase methods then made a purchase of a product through the Site for £50.
User “B” also signed up as an Affiliate and then shares his AffiliateLink with a friend and User “C” purchases a product for £20.In such scenario, in the first sale made User “A” will receive the following remuneration:
£5 (10%) Commission for the purchase made by User “B”.In the second sale made User “B” will receive the following remuneration:
£2 (10%) Commission for the purchase made by User “C”.
In the second sale made User “A” Will receive the following remuneration:
£0.04 (2% of User “B” £2 commission).
- The benefits of the affiliate System can be acquired by Users filling in an application form on the Site.
- Farrars Independent Traders declares that the participation in the affiliate System is voluntary and the User is not required to make any purchase of products and services offered on the Site or General Site nor is he obliged to AffiliateLink any person, nor forced to take part in any marketing activities.
- Each registered User on the site can see the amount of funds he or she has accumulated. This amount is recorded and stored on an individual virtual account of the User in the affiliate System.
- All commission earned is held for 1 month and will be paid to the User on the 1st of the second month from the sale.
E.g If a commission is earned on the 14/02/2017 then these funds will be automatically paid to the Users designated Payment Method on the 01/04/2017.
- Users are obliged to file and pay the tax generated by remuneration received through affiliate System and the Site on their own behalf.
- In a situation when the AffilaiteLinked Person or the Tiered AffiliateLinked Person withdraws from the contract with Farrars Independent Traders and request a refund from FarrarsIT.co.uk and FarrarsIT.co.uk will duly make such a refund, the User acknowledges and agrees that the amount shown on the affiliate Dashboard can be reduced by the sum that has been acquired in connection with the purchase of a product or service by the said Person (or Tiered AffiliateLinkedPersons) FarrarsIT.co.uk [in relation to the profits associated with the purchase, for which price has been reimbursed], or may require the User to return funds equal to the sum which was acquired from the fact of the purchasing of products or services by the AffiliateLinked Person (or Tiered AffiliateLinked Person) [in relation to the profits associated with the purchase, for which price has been reimbursed].
- Users, AffiliateLinked Persons and Tiered AffiliateLinked Persons may not enter in collusion with each other, interact, directly or indirectly, as well as take any action that would aim at illegal obtaining of money from Farrars Independent Traders or by the usage of affiliate System or engage in other activity holding Farrars Independent Traders as susceptible to losses, especially to undertake activities that would (or case) obtain remuneration using affiliate System in the absence of payment for the goods or services by the AffiliateLinked Persons and Tiered AffiliateLinked Person.
Consequently, may not engage in activities that would necessitate Farrars Independent Traders to return these funds to the purchases of the goods or services. In particular, Users, AffiliateLinked Persons and Tiered AffiliateLinked Persons cannot act, jointly or individually, contrary to the rules of social conduct, morality, principles of integrity, loyalty in business and fair competition. If a User engages in behaviors specified in this paragraph, Farrars Independent Traders has the right to terminate the account agreement with immediate effect and stop all payments on its behalf.
- The User is obliged to use the Site in a manner consistent with the provisions of the Terms and Conditions, the applicable law, morality and the principals of social conduct.
- In the case of gaining knowledge by the User of a breach of these Terms and Conditions by another User or any other person, the User is obligated to immediately notify Farrars Independent Traders of this fact.
- The User acknowledges and warrants that he or she has read the terms and Conditions in its entirety, and accepts its provisions without reservation or exception. The User agrees to the processing of personal data, in particular those in electronic form containing the information necessary to transfer the funds accumulated. The data is processed for the purposes of the agreement between the User and Farrars Independent Traders related to the participation in affiliate System. The user has the right to access the content and the data, to correct or change them at any time. Providing personal data is voluntary, but necessary in order to participate in the affiliate System and use the full functionality of the Site.
- The technical condition for the use of the Site is to have a workstation with an operating system install and access to the Internet and standard software needed to browse the web, including support for cookies (cookie files).
- The user shall exercise care in that a valid e-mail address and valid Google Wallet e-mail address is always assigned to his account on the Site.
- The user is entitled to have only one account on the Site, which he or she can only use individually and excluding any third parties, in particular, the User may not share his or her password with any third parties or share the usage of the account with other persons.
- The User bears sole responsibility for the security of his or her password and any use of the account after logging in with the said password. Farrars Independent Traders is not responsible for the use of the account, Username or password or any transaction made as the result of an unauthorized entry. The User is solely responsible for the protection of data and information contained in the account or sent to the e-mail address designated by the User. Farrars Independent Traders is not to be held liable for any actions resulting from an unauthorized person accessing the account.
- Farrars Independent Traders reserves the right to change or modify the remuneration specified for a given User at any time.
VI) User Statements
- The User agrees that he or she will not:
a) Engage in any activity detrimental to the good name or reputation of Farrars Independent Traders or which may have a negative impact on affiliate System, or the products and services sold through the Site or General Site.
b) Take any action against the law, morality, rules of social conduct or act in any other way that would be detrimental to the interests of Farrars Independent Traders including advertising for and competitor as determined by Farrars Independent Traders.
c) Violate the provisions of the Farrars Independent Traders Terms and Conditions.
d) Provide false or misleading information.
e) Illegally attempt to obtain, or obtain, benefits of participation in affiliate System or resulting in unfair obtaining of funds during the course of the contractual relationship between the User and Farrars Independent Traders.
f) Send to other Users unsolicited commercial communications, especially spam.
g) Impersonate anyone or other entity whether actually existing or fictitious, falsely claim to be connected or have business relation with any person or entity, or access the accounts of other Users.
h) Use affiliate System, the Site, and the account for any other purpose other than the use of the services as offered by Farrars Independent Traders or related to the agreement, or attempt to bypass or disable any security protocols.
i) Defame, harass, insult, cheat, threaten other Users, collect or attempt to collect other User personal data or personal information to disclose to third parties without their express written consent.
j) Modify, adapt, translate or create derivative works of the Site, or its individual components, Terms and Conditions, etc., or any part thereof.
k) In any way willfully obstruct the operation of the Site and affiliate System or interfere with other Users in the use of it, in particular to place or distribute viruses or other malicious software such as adware, spyware, etc.
l) Interfere or attempt to interfere with the operations of the Site or any activities performed by using the Site and affiliate System.
m) Undertake actions to acquire the passwords of other Users, including attempts to guess passwords, infer them in any way or intercept them by the usage of any form of software.
n) Make the account or any of its functionalities available to third parties for a fee or any form of payment. and/or
o) Participate in Goldmine to take actions related to money laundering or activities posing any risk for Farrars Independent Traders being accused of using affiliate System for money laundering.
- The Users consent to receive commercial information on the Site, the General Site and affiliate System from Farrars Independent Traders, to the e-mail address provided during the application on the Site. The User may, at any time revoke his or her consent.
- The User accepts the Terms and Conditions and agrees that his/her Username will be visible to other users of the Site.
- Any User that engages in, or attempts to engage in conduct that breaches any of the above enumerated User Statements, violates the Farrars Independent Traders Terms, engages in conduct detrimental to Farrars Independent Traders or Farrars Independent Traders’s interests, as determined solely by Farrars Independent Traders, may have his affiliate account suspended or terminated including any right to future affiliate proceeds.
- Any User account that is suspended shall not accrue additional funds and may be restored to full functionality solely at Farrars Independent Traders’s Discretion.
To the extent permitted by law Farrars Independent Traders shall not be liable for and does not guarantee:
a) That any User will receive any minimum remuneration.
b) Against any damages arising from viruses, Trojans, etc., which can be transmitted to the Site or through it by third parties, including Users.
c) Consequences of the account being accessed by third parties, especially if this was due to reasons attributable to the User, in particular, as a result of a User making their password available to a third party. and/or
d) All actions and their consequences resulting from the breach of these Terms and Conditions or giving false information by the User or byu the submission of false or misleading verification data and warranties referred to in these Terms and Conditions.
VIII) Termination of the Agreement
- Both the User and Farrars Independent Traders have the right to terminate the agreement.
- The termination of the agreement as initiated by Farrars Independent Traders involves the removal of the User’s account and blocking the User’s access to the Site. Deleting the account or blocking access to the Site may take place 14 days after sending of an e-mail to the User containing information on the termination/blocking of access. However, in case of gross violation of the Terms and Conditions of the agreement, Farrars Independent Traders can terminate the agreement immediately by instantly deleting the account and/or blocking the access to the Site.
By gross violation of the said Terms and Conditions Farrars Independent Traders means, in particular, the submission of false or incomplete data as referred to in section V – paragraph 6, section VI, or breach of the provisions of section I – paragraph 5, section III and section IV. The terms of paragraph 3 below, the last sentence shall apply accordingly.
- The User may withdraw from the agreement within 14 days from the date the agreement was executed. Farrars Independent Traders shall immediately provide the User, in a durable medium, with acknowledgement of receipt of the notice of withdrawal. Notwithstanding the foregoing, the User may terminate the agreement at any time. The termination of the agreement is followed by the removal of the User account, no later than 3 days from the date of receiving such request from the User. After the expiry of this period the agreement is terminated.
If the conditions set out in these Terms and Conditions are met, the User who has not transferred the funds stored on the account loses them irrevocably. This provision does not apply to consumers – in this case the amounts accrued are valid to the data of the expiration/termination of the agreement and can be transferred to a User’s bank account within 14 days from the date of the expiration/termination of the agreement.
IX) Final Provisions
- The User hereby consents to an agrees that Farrars Independent Traders may transfer the rights and obligations arising from the agreement between Farrars Independent Traders and the Users to a third party, including the consent to transfer their personal data processed by Farrars Independent Traders.
- All communication with the administration of the Site should be done via email, using the email address: email@example.com
- All comments concerning any violation of these Terms and Conditions by any User may be notified to Farrars Independent Traders via e-mail to the e-mail address: firstname.lastname@example.org
- The User has the right to submit complaints concerning the services provided by Farrars Independent Traders through the Site. Complaints should be submitted in an electronic from to the e-mail address: email@example.com. Any answers to the complaints will be sent to the e-mail address from which the User sent the complaint or to any other e-mail address specified by the User.
- Any provisions which may prove to be invalid or unenforceable shall not affect the validity of the remaining provisions. Ineffective or invalid provisions shall be replaced by valid terms that most closely match the economic purpose, the intention of the parties and the purpose of the replaced provisions which were found ineffective or invalid.
- Should any inaccuracies arise in the Terms and Conditions due to their translation into any language other than English, the English version of the Terms and Conditions shall prevail.
- These Terms and Conditions shall come into effect on 14th of February 2017.