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Link Rewards Programme

To continue, please review the Terms and Conditions and accept the terms by clicking "I accept" below.


i-TRAK Affiliate Scheme Agreement

This Agreement contains the Terms and Conditions that apply to an individual's or entity's participation in the i-TRAK Affiliate Scheme (the "Scheme"). As used in this Agreement, "we" means ilutra systems ltd (trading as i-TRAK) www.i-TRAK.com and "you" means the Applicant. "Site" means a World Wide Web Site located at the URL http://www.i-TRAK.com.

Enrollment in the Scheme

An application must be submitted via the i-TRAK Site to join the i-TRAK Affiliate Scheme. We will evaluate your application in good faith and will notify you of your acceptance or rejection via the e-mail address you supply to us. We may reject your application if we determine (at our sole discretion) that your site is unsuitable for the Scheme. Without limitation, we may reject your application if your website includes sexually explicit material or violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; promote illegal activities; otherwise violates intellectual property rights of ilutra systems ltd or a third party.

All sites will be reviewed on a regular basis. Should it be determined (in our sole discretion) to be unsuitable for the Scheme, we reserve the right to reject your application without providing you with a reason and to terminate this Agreement immediately, at any point after acceptance.

Links

Upon acceptance into the i-TRAK Affiliate Scheme we will send you a login name and password. You will the be able to log on to your affiliate page via www.i-TRAK.com and select from our banners, graphics and uniquely tagged URLs to enable you to create links from Your Site to the i-TRAK Site. We may modify the graphic image from time to time. In addition, we prefer you to include a link on this graphic to the i-TRAK homepage at http://www.i-TRAK.com.

We grant you a revocable, non-exclusive, worldwide, royalty-free licence for the duration of the term of this Agreement, solely for purposes of facilitating referrals from your site to our site, to establish and maintain links.

Order Processing

We will process Product orders placed by customers who follow the Special Links from your site to our site. We reserve the right to reject orders that do not comply with our normal Trading Terms and Conditions or any other requirements we may establish periodically. We will be responsible for all aspects of order processing and fulfilment. We will not be liable for paying referral fees on purchases that are not correctly tracked and reported because the links between your site and our site are not properly formatted.

Affiliate Fees

You will earn an Affiliate Fee (net of tax) for every non discounted i-TRAK pack sold to a customer who links from Your Site to the i-TRAK Site directly prior to placing their order ("Affiliate Fee"). No affiliate fee will be paid when a customer links from Your Site to the i-TRAK site and uses an i-TRAK promotional or discount code when completing the transaction.

In the event that an order made by a customer via a Link is subsequently cancelled or refunded for whatever reason, you shall not be entitled to an Affiliate Fee. If a Product that generated a referral fee is returned by the customer, we will deduct the corresponding fee from your next quarterly payment. If there is no subsequent payment, we will send you an invoice for the fee.

For an i-TRAK pack sale to generate an Affiliate Fee, the customer must follow a Link (in the format specified by us) from Your Site to the i-TRAK Site; purchase an i-TRAK pack on the i-TRAK Site and remit full payment to i-TRAK. We will not, however, pay Affiliate Fees on any purchases made by that customer if they enter the i-TRAK Site directly during a browser session in which they have not first Linked to the i-TRAK Site from Your site, even if the customer previously followed a Link from Your Site to the i-TRAK Site during a previous browser session.

Affiliate Fee Schedule

You will earn affiliate fees based on Qualifying Revenues according to affiliate fee schedules to be established by us. The current standard affiliate fee schedule can be viewed at www.i-trak.com/lrp.aspx

No affiliate fee will be paid when a customer links from Your Site to the i-TRAK site and uses an i-TRAK promotional or discount code when completing the transaction.

We will pay you referral fees on a quarterly basis. Approximately 30 days following the end of each calendar quarter, we will send you payment for the referral fees earned. However, if the fees payable to you for any calendar quarter are less than £25.00, we will hold those fees until the total amount due is at least £25.00 or (if earlier) until this Agreement is terminated.

Customer Policies And Pricing

Customers who buy products through this scheme will be deemed to be customers of i-TRAK. Accordingly, all i-TRAK sales terms and conditions concerning the i-TRAK service and use of the i-TRAK Site will apply to those customers. Such terms and conditions may be changed at any time. We will use all reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular Product. Similarly all personal details of customers (as defined in the Data Protection Act 1998) shall, as between you and i-TRAK, be owned exclusively by i-TRAK and you shall not be entitled to exploit the personal data in any way.

Limited Licence

We grant you a nonexclusive, revocable right to use the graphic images and text described in the “Links” Section. You may not modify the graphic image or text in any way. We reserve all of our rights in the graphic image and text, any other images, our trade name and trademarks, and all other intellectual property rights.

Responsibility For Your Site

You will be solely responsible for the development, operation and maintenance of your site, and for all materials that appear on your site. We disclaim all liability for any details contained thereon other than those provided by ourselves through the Affiliate Scheme Link. Further, you will indemnify and hold us harmless from all claims, damages and expenses (including, without limitation, legal fees) relating to the development, operation, maintenance and contents of Your Site.

Term of the Agreement

The term of this Agreement will begin upon our acceptance of your online application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Should we want to terminate this Agreement we will send you an e-mail to the e-mail address you provide to us and a letter confirmation to the postal address you provide to us. You must immediately inform us in writing at the address below if your address changes. In the event that you wish to terminate this Agreement, you can do so by sending an e-mail to affiliates@i-TRAK.com and a confirmation letter to i-TRAK Affiliate Scheme, i-TRAK, Index House, St George's Lane, Ascot, Berkshire, SL5 7EU.

Termination of this Agreement is without prejudice to either party's rights and remedies accruing up to the time of termination. You are only eligible to earn Affiliate Fees on sales of i-TRAK service packs occurring during the term and Affiliate Fees earned up to the date of termination will remain payable only if the related orders are not cancelled or returned.

Amendment of this Agreement

We may amend any of the terms and conditions contained in this Agreement, at any time and at our sole discretion. In the event that these terms and conditions are amended we will send you an e-mail to the e-mail address you provide to us. If any amendment is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Scheme following our posting of a change notice or new agreement on the i-TRAK Site will constitute binding acceptance of the change.

Limitation of Liability

We will not be liable for indirect, special, or consequential damages (including any loss of business, revenue, profits or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, to the fullest extent permitted by law, our aggregate liability arising with respect to this Agreement and the Scheme will not exceed the total referral fees paid or payable to you under this Agreement at the time that the event giving rise to the liability arises. Notwithstanding the previous paragraph, nothing in this Agreement will operate to exclude any liability for death or personal injury arising as a result of the negligence of either party, its employees, agents or authorised representatives.

Disclaimers

To the fullest extent permitted by law, we make no express or implied warranties or representations with respect to the Scheme or any Products sold through the Scheme (including, without limitation, warranties of fitness, merchantability, non-infringement or any implied warranties arising out of a course of performance, dealing, or trade usage), and the same are hereby excluded. In addition, we make no representation that the operation of the i-TRAK site and associated services will be uninterrupted or error-free and none of us will be liable for the consequences of any interruptions or errors.

Miscellaneous

You may not issue any press release with respect to this Agreement or your participation in the Scheme without our prior written consent, which may be given or withheld in our sole discretion. Doing so may result in your termination from the Scheme. You may e-mail affiliates@i-TRAK.com if you wish to apply for written consent.

You may not assign this Agreement without our prior written consent.

This Agreement does not create any right under the Contracts (Rights of Third Parties) Act 1999 that is enforceable by any person who is not a party to it.

This Agreement will be governed by UK law and applies to the applicant of the scheme and ilutra systems ltd (i-TRAK) only.

Acknowledgement

You acknowledge that you have read this Agreement and agree to all its terms and conditions. You understand that we or any of our Affiliates may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement or operate web sites that are similar to or compete with Your Site. You have independently evaluated the desirability of participating in the Scheme and are not relying on any representation, guarantee or statement other than as set forth in this Agreement.


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