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This Operating Agreement contains the complete terms and conditions
for participation by an individual or entity in the 1cover Ltd.
Affiliate Program (the "Program"). In this agreement "we", "us"
or "our" refers to 1cover Ltd. and "you", "your" or "affiliate"
refers to you, the applicant. "Referring website" refers to
the website identified in your application from which you will
link to the 1cover website (located at www.1cover.co.uk or
www.1cover.com). The "Program" refers to our software that enables
you to introduce to us customers interested in enquiring about,
obtaining quotations for and purchasing travel insurance via
the 1cover website. "Special 1cover link(s)" refers to our code
that enables an Internet link between the referring website
and the 1cover website and that allows us to track effectively
the identity of the referring website.
1. Joining the 1cover Program
To begin the application process you will submit a completed
Program application via our website. We will evaluate your application
with particular reference to the content of the referring website
and then notify you of our decision whether we accept or reject
your application. We have sole discretion as to the suitability
of a referring site but will always exclude websites that:
- Discriminate or promote discrimination based on race,
sex religion, physical disability, sexual orientation or
national origin
- Show or promote sexually explicit material
- Show or promote violence
- Show, promote or commit illegal activities
- Encourage the violation or violate international intellectual
property rights
If we reject your application, you are welcome
to reapply with a different referring website. If the content
of your rejected referring website alters you may also reapply.
We reserve the right to terminate this Agreement
if having accepted your application your referring website is
subsequently deemed by us to be unsuitable for the Program.
2. Referring links, banners and graphics.
Once you have received your 1cover welcome email notifying you
that your referring site has been accepted onto the Program,
you may provide a link to the 1cover website based on the choices
of graphics, text and code supplied to you. You may add or delete
the graphics, text or code without modification to the referring
website without our prior approval. You may not modify the graphics,
text or code or any other of our images in any way. We reserve
all of our rights in the code, graphics or text, any other images,
our trade names and trademarks, and all other intellectual property
rights. You must remove our links, code, graphics or text from
your website if we ask you to.
3. Processing orders from referred customers.
We will provide you with special 1cover links that allow us
to identify a referring website when a customer places an order
for travel insurance on the 1cover website. You must ensure
that each of the links between your referring site and 1cover's
website properly utilises the special 1cover links we have provided.
You will only earn commission with respect to activity on our
website occurring directly through special 1cover links; we
will not be liable to you for any failure by you to use special
1cover links, including to the extent which that failure may
result in a reduction of amounts that would otherwise become
payable to you pursuant to this Agreement.
We will process travel insurance orders placed
by customers who utilise 1cover special links from your referring
site to our site. We will be responsible for all aspects of
order processing and fulfillment and further we reserve the
right to reject orders that do not comply with any requirements
that we periodically establish. We will also be responsible
for customer service, cancellations, processing payments and
reporting sales activity to you as we see fit.
4. Earning commission.
We agree in the event that any travel insurance sale results
from an affiliate referral participating in the Program via
a special 1cover link from a referring website we will pay the
affiliate a commission as stated in the 1cover welcome email
dependent on the type of product. An order received does not
become liable for payment of commission to you until the customer's
payment has been cleared. Commissions on any refunds to or cancellations
by customers will be deducted from your affiliate commission
payment. We are solely responsible for the tracking of customers
from the referring website and will use our best endeavours
to ensure this is done on a timely basis and in an accurate
manner. However we cannot be held responsible for technical
errors committed either by us or you and we make no specific
guarantees as to the efficacy of any tracking method.
5. Payment of Commission to Affiliates.
Approximately 20 days after the end of each month we will pay
directly into your specified account the amount of commission
earned by you on travel insurance sales made via the referring
website during the previous month less any cancellations. If
the amount of commission payable to you in respect of any month
is less than £50.00 the amount payable to you will be carried
forward and added to the amount payable to you in respect of
the following month(s) until the total amount payable is at
least £50.00 or if earlier this Agreement is terminated.
6. Pricing and Product Responsibility.
Customers who purchase travel insurance through this Program
will be deemed to be customers of 1cover Ltd. and accordingly
all 1cover Ltd. procedures concerning orders, customer service,
pricing, product features will apply to those customers. You
may not display our pricing on your website as prices are subject
to change without notice.
7. Affiliate Relationship.
You and we are independent contractors and nothing in this Agreement
is intended to or will create any joint venture, partnership,
agency, sales representative, franchise or employment relationship
between the parties. You will have no authority to make or accept
any offers or representations on our behalf. You will not make
any statement on your site or otherwise that contradicts anything
in this Agreement. You may not assign this agreement without
our prior written consent. You may cancel the Agreement and
leave our Program at any time.
8. Limitation of Liability and Damages.
We shall not be liable for indirect, special, or consequential
damages, loss of 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. We make no representation,
warranty or guarantee, express or implied as to the effectiveness
or profitability of this Program. We make no guarantee or representation
that the operation of our site will be uninterrupted or error-free
and we will not be liable for the consequences of any interruptions
or error.
9. Law applicable to this contract.
This Agreement shall be governed by the laws of England and
Wales.
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