This Falconbury Affiliate Scheme Operating Agreement (“Operating Agreement”) contains the terms and conditions that govern your participation in the Falconbury Affiliate Scheme (the “Scheme”). “We”, “us”, “our” or “Falconbury” means Falconbury Ltd. “You” or “your” means the applicant. A “site” means a website. “Your site” means any site(s) and any software application(s) that you link to the Falconbury Site, including emails you may send, and social networking profiles. ‘Special link’ means any URL or link you place on your site, which meets our specification for affiliate links.
By checking the box indicating that you agree to the terms and conditions of this operating agreement, you (a) agree to be bound by this operating agreement and the operational documentation; (b) acknowledge and agree that you are not relying on any representation, guarantee, or statement other than described in this operating agreement; and © hereby represent and warrant that you are lawfully able to enter into contracts (e.g., you are not a minor or otherwise legally prevented from contracting).
In addition, if this operating agreement is being agreed to by a company or other legal entity, then the person agreeing to this operating agreement on behalf of that company or entity hereby represents and warrants that he or she is authorised and lawfully able to bind that company or entity to this operating agreement.
The purpose of the Scheme is to permit you to advertise Products on your site and to earn commission for qualifying purchases made by your end users. A “Product” is any item sold on the Falconbury Site. In order to facilitate your advertisement of Products, we may make available to you data, images, text, link formats, widgets, links and other linking tools, “Special Links” and other information in connection with the Product.
To begin the enrolment you will submit a complete Scheme application via your online account. If you do not already have the details to access this account they can be sent to you on request. You will identify your site in your application and usage. We will evaluate your application if we determine that your site is unsuitable, we may reject your application. This agreement is considered binding at the point of application to the Scheme. If you are accepted into the scheme and it is later determined that you are unsuitable for the scheme then we have sole discretion to cancel the scheme with immediate effect.
Unsuitable sites include those that:
The scheme is not open to employees of Management Forum or Thorogood Publishing.
By participating in the Scheme you agree to comply with the Affiliate Scheme and all terms referred to in this operating agreement. By posting a change of notice or a new operating agreement on the site we may modify any of the terms and conditions within this operating 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, payment procedures and Scheme If any of the modifications are unacceptable to you, your only recourse is to terminate your participation in the Scheme. If you continue to participate in the Scheme following the posting of a change of notice or a new operating agreement, it will be considered your acceptance of the change.
You will be solely responsible for your site, including its development, operation and maintenance and all materials that appear on or within it including displaying the special links and content on your site in compliance with this operating agreement.
We will process Product orders placed by customers who follow ‘Special Links’ to the Falconbury Site. We will be solely responsible for processing every order placed by a customer. Customers who purchase products through the Affiliate Scheme will be deemed to be customers of Falconbury. Prices and availability of our products may vary from time to time. Falconbury terms always determine the price paid by the customer and the conditions of sale of the purchase.
Our commission fees are as stated below:
|Product Type||Commission on Net Revenue|
|Online Distance Learning Course||40%|
|Online Report or Publication||40%|
|Hard copy distance learning course, book, report or publication||10%|
“Net revenue” are defined as revenue excluding VAT. All commission fees will be calculated in GBP; for transactions placed in EUR or USD, a GBP equivalent will be calculated, based on the ratio between the relevant two prices displayed on the product page in question.
In the interests of transparency, via your online account, you will be able to view:
Affiliates are paid quarterly by BACS subject to:
Commission will be paid quarterly on payments received, and after the product has been delivered. For the purposes of public courses this means after the course has been delivered. We will not make payment for any product that is cancelled or returned. This figure will be calculated directly from your online account.
For a sale to generate a commission to an affiliate, the customer must complete the purchase on our website within 30 days of clicking on your affiliate link. Subsequent purchases will not generate commission, unless the customer subsequently clicks your affiliate link again. Commission fees can only be earned between the acceptance of the Scheme application and the notice of termination.
We will not make payment for purchases made through prohibited paid search placement, a propriety search or a link to the Falconbury site or Redirecting Link that is generated or displayed on a search engine in response to a general internet search query or keyword.
“Prohibited Paid Search Placement” means an advertisement that you purchased through bidding on keywords, search terms, or other identifiers (including Proprietary Terms) or other participation in keyword auctions. “Proprietary Term” means keywords, search terms, or other identifiers that include the word “Falconbury,” “Thorogood” any other trademark of Falconbury or misspellings of any of those words (e.g., “Falconnbury,” “Thoorogd “Redirecting Link” means a link that sends users indirectly to a Falconbury Site via an intermediate site or webpage and without requiring the user to click on a link or take some other affirmative action on that intermediate site or webpage. “Search Engine” means Google, Yahoo, Bing, or any other search engine, portal, sponsored advertising service, or other search or referral service, or any site that participates in any of their respective networks.
On cancellation of the agreement we may hold remittance for a period of time that is necessary to calculate final payments.
We will under no circumstances be liable for indirect, special or or consequential damages including any loss of business, revenue, profits or data in relation to your participation in the scheme. We do not make any express or implied warranties with respect to the Affiliate Scheme/and or products sold at this site. We make no claim that the operation of the affiliate scheme and our website will be error free and we will not be liable for any interruptions or errors.
In addition to the previous paragraph our total liability with respect to this Scheme will not exceed the total commission paid or payable to you under this Agreement at the time the event that gave rise to the liability took place.
Notwithstanding the previous paragraph, nothing within this Operating Agreement will operate to exclude any liability for death or personal injury arising as a result of the negligence of either party, its employees or agents.
This agreement will begin upon your acceptance of our affiliate scheme terms and condition and will end when terminated by either party. Termination may happen at any time, with or without course, by giving the other party written notice of termination. On termination you will be paid commission on all orders placed with us at the date of termination but not after and only where the customer subsequently pays.
We reserve all right, title and interest (including all intellectual property and proprietary rights) in and to, and you do not, by virtue of this Operating Agreement or otherwise, acquire any ownership interest or rights in or to, the Scheme, the Special Links, link formats, Content, any domain name owned or operated by us or our affiliates, Operational Documentation, our and our affiliates’ trademarks and logos (including the Falconbury Marks), and any other intellectual property and technology that we provide or use in connection with the Scheme.
Neither party shall be liable hereunder by reason of any failure or delay in the performance of it’s obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labour condition, earthquakes or any other cause which is beyond reasonable control of such party.
We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the Management Forum Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or down time.
This Agreement will be governed by the laws of England. Any action relating to this Agreement must be brought in the courts located in England 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 applying to the Affiliate scheme, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.