Please find below the Terms and Conditions of the Affiliate Program of
Power-Tech Associates Limited.

If you do not agree with these Terms and Conditions please do not use this website.

1. INTRODUCTION

1.1 These are the legal terms and conditions (“Terms”, “Subscription Terms” “enrolment terms” “Agreement”), which apply to the Affiliate Program operated by www.Nick-James.com ; (“our website”, “we”, “our”, “us”) and to any correspondence by email between you (your site and/ or any software application that links to our website) and us. Please read these terms carefully before using our website.

1.2 www.Nick-James.com is owned and operated by Power-Tech Associates Limited, whose registered office is at 200 Brook Drive, Green Park, Reading, Berkshire, RG2 6UB, United Kingdom.

1.3 When you enrol to our Affiliate Program, you agree to all of these terms and conditions contained herein.

1.4 Please read the following terms and conditions carefully as they form an agreement between us.
    
1.5 Please click on the button marked “I Accept” at the end of these terms and conditions if you accept them.

1.6 Please understand that if you refuse to accept these terms and conditions, you will not be able to enrol to the Affiliate Program operated by our site.

1.7 These terms and conditions are effective as from February 1st, 2011.

2. DETAILS OF OUR AFFILIATE PROGRAM

2.1 www.Nick-James.com is an Internet business, providing marketing information and products, which will support your ability to sell your goods and services online. Our website describes the Products and Services in more detail.

2.2 The purpose of our Affiliate Program is to enable and permit you (subject to the terms and conditions contained herein) to advertise our website and our products on your site and to earn remuneration for purchases made by your end users.

3. PARTICIPATION IN OUR AFFILIATE PROGRAM

3.1 Your participation in our Affiliate Program will commence as soon as you accept these terms and conditions and subject to our evaluation and authorisation of your enrolment application.  

3.2 By submitting your application to enrol in our Affiliate Program you agree to the terms and conditions of our Affiliate Program contained herein.

3.3. You agree to be legally bound by this Affiliate Program.

3.4 You agree and acknowledge that you have independently evaluated our Affiliate Program's terms and solely wish to participate in our Affiliate Program and are not relying on any guarantee, representation or statement other than as expressly set out in these terms and conditions.

3.5. You hereby represent and warrant that you are lawfully able to enter into contracts, that you are not a minor (under 18 years of age), or otherwise legally prevented from entering contracts. If this Affiliate Program is being agreed to by a company or other legal entity as such, then the person agreeing to this Affiliate Agreement on behalf of that company or legal entity hereby represents and warrants that he or she is authorized and lawfully able to bind that company or entity to this Affiliate Agreement.

3.6 Your failure to comply with clause 3.5 will not render us liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses arising from your failure to comply with clause 3.5 and carry out your own due diligence.

3.7 You agree to be legally bound and to comply with the terms and requirements set out in Section 4 below.


4. ENROLMENT


4.1 To commence the enrolment process you must submit an accurate and complete Affiliate Agreement application. You must clearly identify yourself and your site in your application.

4.2 We will evaluate your application and notify you via email of its acceptance or subsequent rejection.

4.3 We may reject your application if we deem that your application or site is unsuitable. Unsuitable applications or sites include those that:

a)    Violate the policies set out on our site;
b)    Promote our website or products in a manner that is unethical or inappropriate;
c)    Promote violence or contain violent materials;
d)    Promote or contain sexually explicit materials;
e)    Promote discrimination, employ discriminatory practices based on sex, religion, race, nationality, disability, sexual orientation, or age;
f)    Promote or contain sexually explicit materials;
g)    Promote or undertake illegal activities;
h)    Include any of our Trademarks or affiliates, misspelling or variant of our Trademarks or affiliates in any domain name, identifier or purchase/ placement to bid;
i)    Violate our Intellectual Property rights in any way.

4.4 We reserve the right to reject an application without citing any reasons for its refusal; in such event the data transmitted from the application form through the application process will be deleted without delay.

4.5 If your application is approved and authorised after our evaluation, we will confirm this via email. However, if we accept your application and we later determine that your site is unsuitable, we may terminate this Affiliate Agreement.

4.6 Registration to our Affiliate Program is for a single user only, it is not transferable. You may not assign this Affiliate Agreement, by operation of law or otherwise, without our express prior written approval. We may assign it to any of our Affiliates or another party who undertakes to abide by our covenants and obligations contained herein. Subject to that restriction, this Affiliate Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assignees.

4.7 If we reject your application, you are welcome to reapply at any time.

4.8 By participating in our Affiliate Program, you agree that you will comply with the terms contained herein and any policies or terms and conditions we make reference to in our Affiliate Program.

4.9 You agree to provide us with any information we may further request from you in order to verify your compliance with our Affiliate Program. If we determine that you are not in compliance with any of our requirements or restrictions described herein or that you have otherwise violated our terms we may in addition to other rights and remedies available to us, withhold remuneration payable to you under this Affiliate Agreement and/or terminate this Affiliate Agreement.

4.9 By submitting your application to enrol in our Affiliate Program you hereby consent and agree to receiving correspondence from us relating to our Affiliate Program from time to time, monitoring, recording, using and disclosing information about your site and visitors to your site that we obtain in connection with your display of Tagged Links (“links”) as described in Section 5, monitoring, crawling and otherwise investing your site to ensure and verify compliance with this Affiliate Agreement.

4.10 You must ensure that the information in your application and with regards to your account, including your email address and other contact information and identification of your site, is at all times complete, accurate and up-to-date. We may send notifications, approvals and other correspondence relating to our Affiliate Program to the email address you provide. You will be deemed to have received all notifications, approvals and other correspondence to that email address, even if the email address associated with your account is no longer current. If you require to up-date the information you have submitted in your application, please contact us at the contact information provided in Section 15.

5. LINKS

5.1 When your application has been authorised and you receive a confirmation email from us of your successful enrolment and thus participation in our Affiliate Program, you may display Tagged Links (“links”) to our site.

5.2 We will provide you with links which you agree to place on your site in accordance with this Affiliate Agreement. We will also provide you with instructions to enable you to include and maintain these links.

5.3 These links will permit accurate reporting, tracking and accrual of remuneration.

5.4 We will provide you with links in the forms of banner advertisements, buttons and/ or text links, logo links, search box, or product links which will enable users of your site to directly link to our site.

5.5 You agree to not to use these links in a manner that is not in accordance with this Affiliate Agreement, the instructions you receive, modify them in any way for misuse or any other purpose as stated in Sub Clause 4.3

5.6 You may earn remuneration only as described in Section 7 and only with respect to relevant activity on our site occurring directly through the appropriate use of links.

5.7 We reserve the right not to pay you any remuneration if you fail to properly format the links on your site to our site in accordance with our instructions.

5.8 We will have no obligation to pay you any remuneration for this failure or to the extent that this failure may result in the reduction of remuneration that would otherwise be paid to you by participating in our Affiliate Program.

6. RESPONSIBILITY FOR YOUR SITE

6.1 When you have successfully enrolled, participation in our Affiliate agreement requires that responsibility for the operation, maintenance and any development thereafter of your site rests entirely and solely with you.

6.1 You agree to adhere to the following responsibilities as required by our Affiliate agreement including but not limited to; displaying accurate and appropriate material on your site, the technical operation of your site and all related equipment, displaying links in compliance with Section 5, making the relevant legal disclosures on your site as required by law through the display of legally required policies and disclaimers and you use the links and any material provided by our site in compliance with Sub Clause 4.3 and in a manner which does not infringe, violate, misappropriate or expose our site in any way.

6.2 You agree that this responsibility rests entirely and solely with you, we are not responsible for your site and we will have no liability for any matters arising from user's claims relating to any of these matters.

6.3 You agree to defend, indemnify, and hold us, our respective employees, directors, officers, affiliates and representatives harmless against all claims, liabilities, costs, expenses, damages or losses relating to any claims relating to but not limited to the required compliance contained herein.

6.4 We shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising out of the use of our website.


7. ORDER PROCESSING AND REMUNERATION

7.1 All orders received by us from customers who enter our site using links are processed accordingly. We process all orders received by us in order to generate and provide you with sales reports for the purposes of your remuneration when relevant to your account.

7.2 We reserve the right to cancel or reject any orders which do not comply with the policies maintained on our site and which may be updated. It is your responsibility to check our site from time to time in order to be aware of any changes and updates regarding our policies.

7.3 Users from your site following links and purchasing products and/or services from our site are deemed to be our customers. Any purchase or transaction activity made on our site is subject to the terms and conditions contained in our policies and legal notices displayed on our site. This includes all terms and conditions regarding customer order, sales, cancellations, data protection, pricing and all other rules which according to our policies may be updated from time to time. It is your responsibility to check our site from time to time in order to be aware of any changes and updates regarding our policies.


7.4 Remuneration is calculated according to a percentage of “Net Sales” made from “Qualifying Purchases” made customers using links on your site to purchase products from our site during a “Session”.

7.4.1 “Net Sales” refers to only gross sales of “Qualifying Purchases” which have been shipped to a domestic UK address. This does not include shipping costs, returns postage, handling charges or sales for items which have not been shipped.

7.4.2 “Qualifying Purchases” only include those purchases completed on our site through the use of a valid credit card and which have been shipped to a domestic UK address. Please note that we do not accept phone orders.

7.4.3 A “Session” is determined to begin when a user enters our site through the use of a link. If the user accepts the use of ‘cookies' from our site then a session shall end thirty days after the user leaves our site.  No remuneration will be provided for any purchases from users who do not accept ‘cookies' or delete them during or after a session.

7.4.4 We reserve the right to end a session upon the termination of this Affiliate Agreement.

7.5 Remuneration is calculated at 50% on certain products from our site although this may vary according to the product purchased.

7.6 Remuneration will be provided once you have accrued at least GBP £50.00. We reserve the right to withhold remuneration until you have earned this amount.

7.7 We will only pay out remuneration in due time. If, the minimum disbursement amount has not been attained or of the credit statement is not released at the end of the month will remain in your account and carried forward for next month until the minimum disbursement amount ABOVE is met.

7.8 We will inform you via email to confirm the pay-out to your account.

8. TERM OF THIS AGREEMENT, MODIFICATION AND TERMINATION

8.1 The agreement on participation in our Affiliate Program is concluded for an indefinite term and the agreement may be terminated by either party subject to the termination requirements below.

8.2 The term of this agreement is deemed to begin once your application has been evaluated, accepted and upon the receipt of a confirmation email.

8.3 We reserve the right to modify, amend, change and update the provisions contained in our Affiliate Agreement without citing any reason. It is your responsibility to check our site from time to time in order to be aware of any changes and updates regarding our policies.

8.4 If you object to the updated provisions, you must notify us in writing and exercise your right to terminate your participation in our Affiliate Program. Your failure to do so will confirm acceptance of any updated provisions and your consent to be legally bound by them.

8.5 This agreement may be terminated by either party with or without cause, at any time once 7 days written notice of termination is given from one party to the other.

8.5 We reserve the right to withhold any final payment due to you in order to ensure fees for any order cancellations or returns are met.

8.6 Once participation in our Affiliate Program has been terminated, any data stored at your registration process will be deleted immediately upon the expiry of the statutory obligation to keep records in safe custody.

8.7 You agree to remove and cease to make use of any limited license or otherwise to our content, links and materials provided by us in connection with our Affiliate Program.

9. GENERAL

9.1 You agree that the relationship that exists between us is of independent contractors. You will not make any representations or make any representations through any public communication or otherwise or misrepresent or disparage the relationship between us or our reputation expressly or implied. You agree not to misrepresent, expressly or implied that any relationship between us exists other than of independent contractors. You agree not to misrepresent that we are affiliates nor that you have any other kind of relationship within us other than what is stipulated in this clause.

9.2 You agree not to make or accept any representations on our behalf nor on our affiliates' behalf.

9.3 In the event where you have made any such actions contrary to SECTION 9 you will be held solely responsible we will not be held liable for your actions or breach of any of the terms and provisions contained on our site.

9.4 We reserve the right to alter, suspend or discontinue any aspect of our website or the content or services available through it including your access to it. Unless explicitly stated, any new features including new content and/or the sale of new Products/ Services shall be subject to these terms and conditions.

10. LIMITED LICENCE

10.1 By participating in our Affiliate Program and subject to the terms and provisions of our Affiliate Agreement we grant you a limited, revocable, non-transferable, non-exclusive, non-licensable and limited licence to use the links, content, logo and material we provide you for the purpose of participating in our Affiliate Program and using the abovementioned links, content, logo and material exclusively on your site.

10.2 We reserve the right to terminate this licence with or without cause upon written notice to you. Upon receipt of such notice you agree to immediately remove, delete and cease to make use of the links, content, logo and material we provide you with.

10.3 We reserve all title, interest and rights to all intellectual property rights and proprietary rights.

10.4 You warrant that any submissions made by you are your own original work or you obtained such work legally and are not in infringement of any third party rights. We will not be held liable for your actions, illegal or incorrect submissions.
11. DISCLAIMERS

11.1 This Affiliate Program and Agreement is provided ‘as is', we, our affiliates and licensors do not make any warranties or representations whether express, implied, statutory or otherwise with respect to the service or product offerings, except to the extent as prohibited by applicable law.

11.2 We, our affiliates and licensors disclaim all warranties arising out of any course of dealing, performance or trade usage.

11.3 We reserve the right to discontinue our Affiliate Program, services, site or change the nature, features, provisions, terms, prices or operation of any service or product contained on our site.

11.4 We will not be responsible or held liable for any interruptions to our site, services, inaccuracies, errors, unauthorized access, failures, destruction or loss to your site or any data provided by you.
 
11.5 We, our licensors and affiliates will not be responsible or held liable for any loss of income or earnings, any damage or losses arising in connection with your participation in our Affiliate Program.  You should exercise your own due diligence and read this Affiliate Agreement in conjunction with our Earnings and Incomes Disclaimer which applies to this Affiliate Agreement.

12. LIMITED LIABILITY

12.1 We will not be held liable for any indirect, incidental, consequential damages or loss arising from your participation in our Affiliate Agreement. You should exercise your own due diligence and read this Affiliate Agreement in conjunction with our Earnings and Incomes Disclaimer which applies to this Affiliate Agreement.

12.2 These terms set out the entire agreement and understanding between you and www.Nick-James.com.

12.3 We reserve the right to change these terms at any time, without giving notice to you.

12.4 Any formal legal notices should be sent to us at the address at the end of these terms by email confirmed by post. Failure by us to enforce a right does not result in a waiver of such right.

12.5 Nothing in this Affiliate Agreement shall confer on any third party any benefit or the right to enforce any term of this Affiliate Agreement.

13. SEVERABILITY

13.1 The foregoing paragraphs, sub-paragraphs and clauses of these terms shall be read and construed independently of each other. Should any part of this agreement or its paragraphs or sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.


14. APPLICABLE LAW

14.1 This Affiliate Agreement is governed by English Law.

14.2 The Courts of England and Wales shall have exclusive jurisdiction over any claim arising from relating to, a visit to our website although we retain the right to bring proceedings against you for breach of these terms and conditions in your country of residence or any other relevant country.


15. CONTACT DETAILS


Power-Tech Associates Limited,
200 Brook Drive, Green Park,
Reading,
Berkshire,
RG2 6UB,
United Kingdom.

Phone: 0845 117 3000? Fax: 0845 117 4000

If you have any queries regarding our Affiliate Program please contact us in writing at the above address or via the following email: Nick@Nick-James.com


I CAN CONFIRM I HAVE READ AND UNDERSTOOD

1. THE ABOVE TERMS OF THE AFFILIATE PROGRAM OF   
www.Nick-James.com.

2. THE EARNINGS AND INCOMES DISCLAIMER OF www.Nick-James.com.