Contents
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HotMat Partner Agreement
IN ORDER TO BE AN
AUTHORIZED MEMBER OF THE HOTMAT PARTNER PROGRAM, YOU MUST AGREE TO ABIDE BY
ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS PARTNER
AGREEMENT.
WE ASK THAT YOU PLEASE
READ THIS AGREEMENT CAREFULLY BEFORE REGISTERING. BY CLICKING ON THE
"REGISTER" BUTTON YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT AND
ITS TERMS AND CONDITIONS.
The HotMat Partner Agreement (the
"Agreement") is made by and between HotMat, a website maintained by
HotMat Ltd., London ("us", "we" or "
HotMat"), and you, ("you", "your" or
"Partner") as a participant in the HotMat Partner Program
("the Program"). The general
terms and conditions displayed on the HotMat website, http://www.hotmat.com
("HotMat Site") form part of this agreement, and together, they
constitute the complete terms and conditions that apply to participation in the
Program.
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Definitions
In these Terms and Conditions "GBP" refers to the Great Britain Pound and "USD" refers to the
United States Dollar
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Eligibility
You are eligible to participate in the Program if, by
acceptance of this agreement, you certify that you are not a competitor of
HotMat.
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Registering with the HotMat Partner
Program
You will submit a complete Partner Program application
via the HotMat Site. HotMat will evaluate your application in good faith and
will notify you of acceptance. HotMat may reject your application if it
determines for any reason in its sole discretion that you are or your site is
unsuitable for the Program.
Sites containing any of the Content Restrictions listed
below are unsuitable for the Program:
* Promotion of sexually explicit or ("Adult") materials
* Promotion of Violence
* Promotion of discrimination
based on race, sex, religion, disability, or sexual orientation
* Promotion of illegal activities
* Violation of Intellectual Property Rights
* Defamatory in nature
As part of the Program, you shall provide HotMat with
accurate, complete and updated registration information at all times. HotMat
reserves the right to send e-mail to you for the purposes of informing you of
changes or additions to the Program or any HotMat related products and services.
HotMat also reserves the right to disclose information about sales generated by
the Program in forms that do not reveal your personal identity without your
consent.
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Order Processing
HotMat will process orders placed by customers who are
introduced to us through the Program ("Orders"). We reserve the right
to reject Orders that do not comply with any requirements that HotMat
periodically may establish. HotMat is responsible for all aspects of order
processing.
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Commission Fees
HotMat will pay the Partner a Commission Fee
("Commission") which will be equal to a percentage of revenue (as
calculated in Schedule A) generated by Orders. Payments will be calculated per
HotMat release. Approximately thirty (30) days following the release of the
HotMat edition containing the Advertising pertaining to the Order, HotMat will
send Partner a check for the Commission earned. HotMat may withhold
Partner's payment until the correct money is received from the customer.
Schedule A: Percentage of Commission Calculation
| Customer Order |
Commission (%) |
| GBP |
approx. USD (*1) |
| 0-1,250 |
0-2,000 |
5 |
| 1,251-2,500 |
2,001-4,000 |
6 |
| 2,501-3,750 |
4,001-6,000 |
7 |
| 3,751-5,000 |
6,001-8,000 |
8 |
| 5,001-6,250 |
8,001-10,000 |
9 |
| 6,251+ |
10,001+ |
10 |
| New Customer Order (*2) |
20 |
GBP=Great Britain Pound
USD=United States Dollar
(*1)All USD prices are given for guidance only,
and actual prices are based on the prevailing exchange rate at time of
order.
(*2) For the purposes of this agreement, a New Customer Order
is defined as an order received by HotMat, from any company,
subsidiary or organisation (organization) not in the HotMat Customer Database.
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Promoting HotMat on a Partner Site
You may promote HotMat on various buttons and banners
from one or more places in your Site at all times during this Agreement.
HotMat will provide all banners, buttons, text and artwork
("Creative") and will specify the corresponding URL Links
("Links") for each location. The Partner will be responsible for the
placement of these Links in the Partner Site. The Partner may not alter
Creative or create additional promotional elements without express written
permission by HotMat.
Partner is solely responsible for the development,
operation, and maintenance of Partner Site and for all materials that appear
on Partner Site. HotMat hereby disclaims all liability for these matters.
HotMat has the right in its sole discretion to monitor the Partner Site at any
time and from time to time to determine if the Partner is in compliance with
the terms of this Agreement.
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Publicity
Partner shall not create, publish, distribute, or
permit any written material that makes reference to HotMat without first
submitting such material to HotMat and receiving written consent, which HotMat
agrees shall not be unreasonably withheld.
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Anti-SPAM Policy
HotMat strictly prohibits the sending of unsolicited
mass e-mails of any kind, whether Usenet, or any other e-mail forms by Partner
("Spamming"). We will terminate the membership to the Program of any
partner who uses Spamming techniques to solicit Orders.
For the purposes of this agreement Spamming is the
unsolicited and unauthorized sending of e-mails to businesses and people who do
not know You personally and have not agreed to receive Your messages.
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Modification
HotMat may modify any of the terms and conditions
contained in this Agreement, at any time and in HotMat's sole discretion, by
posting a change notice or a new agreement on the HotMat Site.
PARTNER'S
CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING HOTMAT'S POSTING OF A CHANGE
NOTICE OR NEW AGREEMENT ON HOTMAT SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE
CHANGE.
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Term of the Agreement
The term of this Agreement will begin upon HotMat's
acceptance of Partner Program application and will end when terminated by
either party. Either Partner or HotMat may terminate this Agreement at any
time, with or without cause, by giving the other party written notice of
termination. Partner is only eligible to earn commission on Orders occurring
during the term of the Agreement.
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Relationship of Parties
Partner and HotMat are independent contractors, and
nothing in this Agreement will create any partnership, joint venture, agency,
franchise, sales representative, or employment relationship, or the relationship
of principal and agent between the parties. Partner will have no authority to
make or accept any offers or representations on HotMat's behalf. Partner will
not make any statement, whether on Partner Site or otherwise, that reasonably
would contradict anything in this Section. Partner, as an independent
contractor, will have sole responsibility for its expenses, employees, sales
representatives and agents.
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Applicable Law
This Agreement is valid for any and all transactions between HotMat
Limited and You
This site is created and controlled by HotMat Ltd in England, United Kingdom.
As such these disclaimers, terms and conditions, shall be governed by and construed
in accordance with the laws of England and Wales without giving effect
to any principles of conflicts of laws. Disputes arising here from
shall be exclusively subject to the jurisdiction of the courts of
England and Wales. We reserve the right to make changes to our site
and these disclaimers, terms and conditions at any time.
Any provision of this Agreement that may be prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective without invalidating
the remaining provisions of this Agreement.
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Questions
If you have any questions or comments regarding the
Agreement, please
contact us,
using "Legal" as the subject.
Apply now...
