Affiliate terms and conditions
Please read the terms and conditions governing Matchpeg's affiliate scheme.
Matchpeg Affiliate Program Terms and Conditions
This policy was last updated on 15th November 2007.
Please read this Agreement ("Affiliate Agreement"), carefully before registering to become a Matchpeg Affiliate.
The Site is operated by Matchpeg Limited (the "Company") a company registered in England and Wales, with company registration number 5017973 (VAT registration number 886 2775 66), and whose registered office is at 94 New Bond Street, London, W1S 1SJ, United Kingdom.
This agreement will be governed by the following rules and conditions:
2. Scope of Agreement
This Agreement is made between Matchpeg Limited ("Matchpeg" or "we"), and the Affiliate ("Affiliate" or "you") and contains the complete terms and conditions that apply to your participation in the Matchpeg Affiliate Program, (the "Affiliate Program" or "Program").
Matchpeg is the sole provider of the following products (the "Products"): Matchpeg Meetings, Matchpeg Brainstorming, Matchpeg Workflow and other products as defined within the Matchpeg website at www.matchpeg.com.
An Affiliate is a person or an entity that has registered with the Matchpeg Affiliate Program. The term "Affiliate" does not imply any formal association with Matchpeg Limited.
2.3 Matchpeg Products and Services promotion
By this agreement, the Affiliate is granted a non-exclusive, revocable right to market and advertise the Matchpeg Products and the Matchpeg Affiliate program.
2.4 Matchpeg Affiliate Program promotion
An Affiliate may promote the Matchpeg Affiliate Program and refer new Affiliates to the program (sub-affiliates).
3 Participation in the Affiliate program
You must be a human and at least eighteen years old to become a Matchpeg Affiliate. Accounts registered by automated methods are not permitted.
By registering as an Affiliate, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement.
Your Affiliate Account will be terminated immediately if these conditions are not met.
To enroll in the Matchpeg Affiliate program, you must register as an Affiliate at www.matchpeg.com/introducer. You must provide current, complete and accurate information for your Affiliate account.
3.3 Timely and Accurate Information
You must promptly update all information to keep your Affiliate account current, complete and accurate and you must promptly notify Matchpeg if you become aware of a potential breach of security, such as the unauthorised disclosure or use of your account username or password.
Changes to such information can be made on the Affiliate site at www.matchpeg.com/introducer. If you fail to provide Matchpeg with any of the foregoing information and we are unable to contact you, your Affiliate account may be deactivated.
Matchpeg.com may deactivate the account of Affiliates who have not had any new account activity for a period of six months.
Matchpeg will make reasonable attempts to contact you and ascertain if you wish to retain your account. Confirmation of which or non-reply within 30 days will be deemed acceptance of deactivation. You agree and understand that if your account is deactivated that no further fees will be payable to you.
Providing false information in the registration form will result in immediate termination from the program and will forfeit all outstanding Affiliate Fees.
Matchpeg reserves, at its sole discretion, the right to refuse participation in the Affiliate Program to anyone and at any time. We also reserve the right to refuse Affiliates from certain countries that have a track record of originating credit card fraud.
3.6 Non-Standard Activity
Affiliates can purchase Matchpeg services through their own Matchpeg Registered User Account and will receive Affiliate Fees from those purchases.
Affiliates are not permitted to register for the Matchpeg Affiliate Program more than once, and any attempt to artificially inflate Affiliate Fees will result in immediate termination of this agreement and will forfeit all outstanding Affiliate Fees.
In particular, you cannot register to the Matchpeg Affiliate Program as a sub-affiliate of yours.
4. Matchpeg agrees:
a) to pay Affiliate Fees on sales of Matchpeg Services on either a Pay-As-Go or Subscription basis, referred directly by the Affiliate and on the sales referred by their Sub-Affiliates, according to the provisions of this Agreement.
b) to grant the Affiliate access to their Affiliate account via a login and password protected area where the Affiliate can manage their referrals and receive updated information on the Affiliate Fees earned.
c) at its sole discretion and choice to grant the Affiliate access to marketing materials containing Matchpeg product and service descriptions, logos, and/ or other promotion materials ("marketing materials"). It does not imply any obligation to deliver such materials to the Affiliate.
5. The Affiliate agrees:
a) to receive commercial information about the Affiliate program and the current Matchpeg products and services.
b) that use of the service is at his or her sole risk.
c) that trademarks and other materials, in particular, but not limited to, the marketing materials, are the property of Matchpeg and may be used by the Affiliate for promotion of Matchpeg products and services in relation to the Affiliate program only.
d) to be responsible for all taxes and other similar levies applicable to the Affiliate Fees pursuant to any law or regulation. The Affiliate shall report Affiliate Fees to their tax authorities as required by the applicable local law.
6. Obligations of the Affiliate
6.1 Valid Agreement
The Affiliate represents and warrants to Matchpeg that this Agreement has been duly and validly executed and constitutes a legal obligation, enforceable with the terms of this Affiliate Agreement.
6.2 Promotional Techniques
The Affiliate shall market and advertise the Matchpeg Products and Services and/or Affiliate Program diligently and in goodwill, and shall develop, operate and maintain any website and referral links, at their sole cost, expense, and risk.
Affiliates are free to promote the link to Matchpeg in all the ways we recommend on the affiliate site. Examples of acceptable ways to promote the program are: through logos, text links, letters of recommendation in newsletters from subscribers or your client base.
The Affiliate shall be solely responsible for all materials that may appear on his/her site. You should strictly adhere to all applicable laws and regulations in conducting your business, and more specifically in marketing and advertising the Matchpeg Products and Services.
6.4 References and Testimonials
The Affiliate agrees to co-operate with Matchpeg in the development of the Affiliate Program. You further agree that you will allow us to use your name & company name in marketing collaterals and make reference to you on our website.
6.5 Intellectual Property
The Affiliate shall acknowledge, clearly identify and respect that all proprietary information, trademarks, copyrights and all other similar rights in and arising out of the Matchpeg Products are, and shall continue to be, the exclusive property of Matchpeg.
Note that these trademarks and other materials provided by Matchpeg at the Affiliate website are subject to the copyrights of Matchpeg. You are authorised to use these materials only for promoting Matchpeg products and the Matchpeg Affiliate program. If you need to use these trademarks and/or other materials otherwise than advised in the Affiliate Account, you should obtain prior written permission from Matchpeg.
6.6 Marketing Materials
Matchpeg shall have the right to approve or decline the graphics, logos, banners and other materials used by the Affiliate in relation to promoting Matchpeg Products and the Matchpeg Affiliate Program. The Affiliate agrees to conform to the suggestions made up by Matchpeg as far as promoting Matchpeg products is concerned.
6.7 Unsolicited Contact
The Affiliate shall not send unsolicited e-mail and shall not send e-mail nor any other communication to a recipient if the recipient has not expressed their prior consent.
If the Affiliate uses SPAM (in any way, shape or form, including e-mail and newsgroup spamming) the Affiliate Account will be immediately terminated and any referral fees not paid up to the point of termination will not be paid to you and will remain the sole property of Matchpeg.
6.8 Affiliate program promotion
If you choose to promote the Matchpeg Affiliate Program, it can only be promoted as a two-tier business opportunity. This program is not a MLM (multi-level marketing) opportunity and as an Affiliate, you cannot promote it as MLM. If you promote the Matchpeg Affiliate Program as MLM your account will be immediately terminated. Any referral fees not paid up to the point of termination will not be paid to you and will remain the sole property of Matchpeg.
6.9 False Representation
The Affiliate does not have the authority to make or accept any offer on behalf of Matchpeg Limited.
Matchpeg is not responsible for any representations made by the Affiliate which contradict our policies.
7. Referrals Links / Cookies
7.1 Affiliate Identification
Upon registration, Matchpeg assigns the Affiliate a unique Affiliate code and referral link.
7.2 First contact
Matchpeg uses a "first contact" system, under which a particular user is assigned to the first Affiliate who:
a) is acknowledged as the Affiliate when the referral visits Matchpeg.com by virtue of clicking on the link from the Affiliate's referral page as provided by Matchpeg.
b) enters the e-mail address of the referral into their account referral list within the Matchpeg Affiliate site prior to the referral registering to become a Matchpeg user.
c) is acknowledged as the Affiliate when the referral enters the Affiliate's unique Affiliate code when registering with Matchpeg.
By way of example, if someone clicks on Affiliate A's referral link to enter the Matchpeg website, but does not register or make a purchase and the next time enters the same website from Affiliate B's referral link and makes a purchase. The referral will be assigned to Affiliate A, and the Affiliate Fees will be paid to Affiliate A.
8. Types of Affiliate
All new participants in the Matchpeg Affiliate program start as Introducer unless otherwise stated in agreement with Matchpeg and will receive the current Affiliate Fees as specified in the Affiliate Fee Schedule.
There are three main types of Affiliate:
1. Independent Introducer ("Introducer")
2. Independent Agent ("Agent")
3. Independent Partner ("Partner")
Subject to performance levels, an Introducer may be entitled to become an Agent or Partner subject to approval by Matchpeg and receive additional and/or extended payment terms and Affiliate Fees.
9. Affiliate Fees
9.1 Valid Introductions
Matchpeg pays the Affiliate an Affiliate Fee whenever payment is made to Matchpeg by a Customer who is identified as having been referred by that Affiliate, subject to the expiry of introductions. detailed below and in our current Affiliate rate card.
It means that the Affiliate will receive the Affiliate Fee only if the customer was referred via:
a) the referral link and the Customer's software allowed Matchpeg to save a referral cookie, or
b) the customer entered the relevant Affiliate Code at the point of registration, or
c) the Customer's e-mail address corresponds to a referral registered by the Affiliate.
9.2 Basis of Calculation
Commissions are calculated as a percentage of the amount paid by the customer referred by the Affiliate.
9.3 Affiliate Fee rates
Standard Affiliate Fees are as follows:
20% on sales emanating from a referral introduced by you who purchases Matchpeg products or services.
10% from every sale emanating from referrals of Affiliates that you personally introduced (known as your "Sub-Affiliates"), unless otherwise stated or negotiated between you and Matchpeg.
Introducer fees will be paid on all purchases made within 12 months from the date of registration.
Payment is subject to the amount of Affiliate Fees owing exceeding the minimum account payout of GBP 30.
Matchpeg reserves the right to invite any Introducer who has demonstrated an ability to generate Affiliate Fees in excess of the minimum payout amount, (GBP 30), for three continuous months to become an Agent and benefit from enhanced Affiliate Fees.
20% from sales emanating from a referral introduced by you who purchase Matchpeg products or services within the first twelve months from registration, and 10% in the second year.
10% on sales emanating from referrals of Affiliates that you personally introduced (known as your "Sub-Affiliates"), for as long as the Sub-Affiliates themselves earn commission on the referrals.
Payment is subject to the amount of Affiliate Fees owing exceeding the minimum account payout of GBP 100.
If you fail to continue to qualify for the minimum payment as an Affiliate (GBP 30) then Matchpeg reserves the right to change your status back to that of an Introducer.
Matchpeg reserves the right to invite any Agent who has demonstrated an ability to generate Affiliate Fees in excess of the minimum payout amount of GBP 100 for three continuous months to become a Partner and benefit from enhanced Fees.
As a Partner, sales emanating from a referral introduced by you who has purchased Matchpeg products or services will result in Affiliates fees of 20% in year one, 15% in year two and 10% in year three.
On sales emanating from referrals of Affiliates that you personally introduced (known as your "Sub-Affiliates") and unless otherwise stated or negotiated between you and Matchpeg, you receive 10% on level-one Sub-Affiliates and 5% on level-two Sub-Affiliates, for as long as the Sub-Affiliates themselves earn commission on the referrals..
Payment is subject to the amount of Affiliate Fees owing exceeding the minimum account payout of GBP 250.
If you fail to continue to qualify for the minimum payment as an Agent (GBP 100) then Matchpeg reserves the right to change your status back to that of an Agent.
Matchpeg reserves the right to discount the price of the products for chosen customers. As commissions reflect a percentage, not a particular sum, it is possible that the commission on the sale of the same number of units may be different every month.
9.5 Calculation of Fees
Commissions are calculated and credited to your account immediately on purchase and available for tracking via your Affiliate Account.
If the balance owing in the Affiliate account exceeds GBP 30, the Affiliate may request payment to be made whereupon Matchpeg shall issue the Affiliate payment via a recognised internet-based payment mechanism. Matchpeg currently issues payments using PayPal.
Based on internal risk analysis, Matchpeg reserves the right to withhold first-time payments, and any other payments originating from an account where there is suspected fraud activity, for a period of up to 3 months.
If the balance owing in the account is less than GBP 30, a request for payment cannot be made and the commission will be accumulated in the account.
9.7 Rate Changes
Matchpeg reserves the right to change the rate of commission and Unit prices at any time. Any Affiliate Commissions accrued after such a change will be at the new rate.
10. Refunds / Chargebacks / Fraud
10.1 Affiliate Fee Deductions
Any customer refunds or credit card chargebacks owed by Matchpeg to the referred Customer or Credit Card Company will result in the appropriate commission (hereinafter referred to as "deducted commission") amount being deducted from the Affiliate's account balance.
10.2 Deduction Timing
If the commission from that sale has already been paid to the Affiliate, the amount will be deducted from the next payment.
10.3 Deduction Collection
If the commission owed to the Affiliate will not be sufficient to satisfy the deducted commission, the Affiliate will be invoiced for immediate payment. Matchpeg reserves the right to terminate, at its sole discretion, the Agreement immediately, in the event of not receiving the remaining debt repayment under the terms of the issued invoice.
10.4 Fraudulent Activity
Any fraudulent activity that can be traced directly to an Affiliate's actions will cause immediate account termination, forfeiture of any commissions earned, and potential legal prosecution if possible. Matchpeg reserves the right to decline sales from any country should it have any reason to believe the order may be fraudulent.
11. Term of Agreement
The Affiliate will continue to receive Affiliate Fees in accordance with the current Affiliate Rates and for the duration specified in the Agreement.
This term will begin on the date that your registration application is approved by Matchpeg and shall end when cancelled by either party as provided below.
Matchpeg reserves the right to refuse or restrict access to the Matchpeg Affiliate Program to anyone at any time and for any reason.
Matchpeg reserves the right to terminate the contract with the Affiliate immediately and without notice and forfeit all Affiliate commissions if the Affiliate is involved with any of the following:
a) promoting Matchpeg products in any relation with information or for any purpose which is scandalous, obscene, defamatory or immoral, or uses the Matchpeg products in relation or for any other purpose which is prohibited by law,
b) sending unsolicited e-mail or engage in any other communication to a recipient if the recipient has requested that it discontinue such communication,
c) misrepresents Matchpeg, any, some or all of Matchpeg products in any way,
d) uses or permits or accepts the use of any name, trademark, or service mark, that belongs to Matchpeg, or any promotional material or content provided by Matchpeg within the Affiliates site, in a manner that would lead a reasonable person to believe that the name or trademark or service mark or content is a property of the Affiliate.
e) Either Matchpeg or the Affiliate, acting in their sole discretion, may choose to cancel this agreement at any time by written notice of cancellation to the other. It is understood that no further Affiliate fees will be paid following the termination of this agreement.
Matchpeg reserves the right to modify, add or delete any documents, information, graphics or other content appearing on Matchpeg websites, including the marketing materials on the Affiliates site, at any time without prior notice to the Affiliate.
13.2 Unregistered Introductions
Matchpeg will not be responsible if a referred purchase goes unregistered for any reason.
13.3 Affiliate Costs
Matchpeg will not be responsible for any intermediary charges, transaction fees and other costs or expenses accrued by the Affiliate.
13.4 Payment Issues
Any correspondence relating to the non-receipt of commission or inability to process commission payments must be initiated by an Affiliate within a reasonable time to arrange an alternative payment method.
You are solely responsible for your interactions with referrals. Matchpeg reserves the right but has no obligation, to monitor disputes between you and your referrals.
13.6 Limitation of Liability & Warranty Disclaimer
Matchpeg shall have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the program, even if Matchpeg has been advised of the possibility of such damages. Further, Matchpeg's aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total Affiliate Fees paid or payable by Matchpeg to the Affiliate under this agreement.
Any notice or other communication to be given under these terms must be in writing and may be delivered or sent by electronic mail, prepaid first class letter post or facsimile transmission to the party to be served at that party's last-known address.
Any notice or document shall be deemed served: if sent by electronic mail, three hours after transmission (unless a notice of non-delivery is received from the relevant internet services provider); if delivered, at the time of delivery; if posted, 48 hours after posting; and if sent by facsimile transmission, at the time of transmission provided that in each case service shall only take effect during Normal Working Hours.
No right under the Contract shall be deemed to be waived except by notice in writing signed by each party.
A waiver by a party will not prejudice its rights in respect of any subsequent breach of the Contract by the other.
Any failure by a party to enforce any clause of the Contract or any forbearance, delay or indulgence granted by it to the other, will not be construed as a waiver of its rights under this Agreement.
Each party unconditionally waives any rights it may have to claim damages against the other on the basis of any statement made by the other (whether made carelessly or not) not set out or referred to in these terms (or for breach of any warranty given by the other not so set out or referred to) unless such statement or warranty was made or given fraudulently.
Each party unconditionally waives any rights it may have to seek to rescind these terms on the basis of any statement made by the other (whether made carelessly or not) unless such statement was made fraudulently.
13.9 General & Governing Law
This Affiliate Agreement together with the Matchpeg Terms and Conditions of Use forms the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter.
If any provision of this Affiliate Agreement is found to be unenforceable, this shall not affect the validity of any other provision.
No delay, neglect, forbearance on the part of us in enforcing any term or condition shall constitute a waiver of or otherwise affect any right we have.
Neither party shall be liable to the other or be deemed to be in breach of this agreement by reason of any delay in performing, or failure to perform, any of its obligations under these terms if the delay or failure was beyond that party's reasonable control (including, without limitation, any failure of any third party to provide services in relation to the Internet, strike, lockout or other industrial action, act of God, war or threat of war, accidental or malicious damage, or prohibition or restriction by governments or other legal authority).
You agree that we may sub-contract the performance of any of our obligations or may assign any of our rights under this Affiliate Agreement.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Matchpeg may, and you may not, transfer, charge, assign, convey, subcontract or delegate rights, duties or obligations under this Agreement without our prior written consent.
You agree that nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between you and Matchpeg as a result of this agreement or use of the site and neither party may assume any obligation, directly or indirectly on behalf of the other without the other party's prior written consent.
13.13 Entire Agreement
This Agreement, accepted upon use of the Site and further affirmed by becoming a member of the Service, contains the entire agreement between you and Matchpeg regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
If you have any questions or concerns about this Terms and Conditions of Use or any issues raised in this Terms and Conditions of Use or on the Site, please contact us at: firstname.lastname@example.org