The agreement below details the terms and conditions for enrolment in the Nightgardenlive affiliate program.
The terms "Affiliate," "you," and "your" refer to you, the applicant. "We" and "our" refer to Nightgardenlive. We are independent parties, this agreement will not form any partnership.
Commission is calculated as a proportion of the net final basket of tickets. Commission is calculated on a ‘net despatch demand’ basis meaning that commission will not be awarded for sales that are not processed or that are processed and subsequently reversed if due to users’ fraudulent activity or ticket product returns.
Cookie Length: 30 days
Commission can only be earned between the acceptance of the Affiliate application and notice of termination. Fees will be paid by Nightgardenlive. Any returned cheques, chargebacks or fees from a returned order will be adjusted in the next fee payment.
All payments are generated by cheque through AllAffiliatePro every 3 months.
Affiliates earning under £50 will be paid on termination of the final show.
Any ticket purchases that are made through an affiliate link that are deemed to be fraudulent by In The Night Garden Live will have all of their commissions reversed and their account suspended.
Any commission made from tickets that are then refunded at a later date will have have their commissions reversed.
Affiliates can only use approved graphics (including banners and buttons) and copy. ItNGL will provide approve graphics and copy.
Affiliates may adapt the assets provided, but must submit adaptations for approval before they are used. Failure to comply with this may lead to commissions being reversed and account suspended.
Search Engine Pay Per Click advertising (PPC)
• There is currently no PPC bidding allowed. Affiliates found brand bidding on the term ‘In The Night Garden’, variations of the term or misspellings of this term will have their commissions reversed.
• You agree not to perform any of these activities:
“Cookie stuffing”, “Cookie dropping”, “Spyware” or “Parasiteware” practices, Forced clicks.
Definitions:
“Cookie Stuffing /Dropping” / “Forced Clicks”
The practice of automatically simulating a physical click of an affiliate link.
“Spyware”
Spyware is a software used to monitor and track web users without their consent or opt-in.
Spyware is computer software that is installed surreptitiously on a personal computer to intercept or take partial control over the user's interaction with the computer, without the user's informed consent. Spyware programs can collect various types of personal information, such as Internet surfing habit, sites that have been visited, but can also interfere with user control of the computer in other ways, such as installing additional software, redirecting Web browser activity, accessing websites blindly that will cause more harmful viruses, or diverting advertising revenue to a third party.
“Parasiteware”
Parasiteware is a term used to describe any type of software or code that is engineered to attack and damage a computer system. It is a software that is working without the user’s permission and knowledge and undermines or removes another affiliate’s ability to compete by changing, intercepting or redirecting an affiliate link. Parasiteware is an unsolicited commercial software.
Parasiteware might also be installed without a user’s knowledge and alters normal Internet browser functions. After self-installation it can do much more legal and illegal action, typically for someone’s profit.
Use of promotional codes or ‘voucher codes’ in any way other than for their intended usage and audience is strictly forbidden. If you are in anyway uncertain please contact Daniel Weir before promoting a code.
This agreement will commence once your affiliate application has been accepted and will cease when terminated by either party. Termination may happen at any time, with or without cause, by giving the other party written notice of termination.
Changes may be made to the terms and conditions within this Agreement at any time and at our sole discretion. The changes may include, but not limited to, changes in referral fees, fee schedules, payment procedures and program rules. If you find any of the changes unacceptable, you must terminate the Agreement. The changes will be updated on this web site and you will also be notified of any changes by email. If You continue to participate in the Program following the Change, it will be considered that you have accepted the change.
Nightgardenlive will not be liable for any indirect damages, loss of revenue, profits or data arising, in connection with the Agreement of the Program, even if we have been informed of the possibility of such damages.
It is the responsibility of Nightgardenlive to process every order placed by a customer on our sites. Customers who purchase products through the Affiliate Program will be customers of the advertised site. Prices and availability of our products and services may vary on occasions.
Nightgardenlive reserve the right to reject any order that does not comply with our operating procedures and policies.
We reserve the right not to accept sites into the Affiliate Program based on site content. Sites that do not qualify for the Affiliate Program include, but are not limited to:
Pornographic and sexually explicit contentViolent contentDiscrimination content based on race, sex, religion, nationality or disability Content promoting illegal activities Content violating intellectual property rights
All Affiliates are expected to adhere to Nightgardenlive's policy of not participating in any mass unsolicited emailing. Any violation of this policy will result in the Affiliate being immediately dismissed from the Nightgardenlive Affiliate Program with all unpaid commissions being forfeited.
Nightgardenlive does not express or imply any warranties or representations in respect of the Affiliate Program or an Affiliate's potential to earn income from our Program. We make no representation that either our site or that of the Affiliate Program will be uninterrupted or error-free and we will not be liable for any consequences of interruptions or server down time.
This Agreement will be governed by the laws of United Kingdom and any action relating to this Agreement must be brought in the courts located within United Kingdom where you 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 participating in this Affiliate Program you are acknowledging and consenting 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.
Running on affiliate software by AllAffiliatePro