1. Commencement and Termination.
This Agreement shall come into force upon your acceptance as an Affiliate or referrer and shall remain in effect until terminated.
The Affiliate is entitled to terminate this Agreement with immediate effect at any time. The Affiliate must cease to use the service immediately upon the termination of this Agreement and delete all links to Linked Websites and, for the avoidance of doubt; the Affiliate shall not be entitled to receive any Commission on any Referrals made after the termination date.
Ask Jenny is entitled to terminate this Agreement and/or suspend the Affiliate from Ask Jenny service or from a certain Merchants Affiliate Program at any time, giving reasonable notice where possible.
The Affiliate shall acquire no rights following the termination of this Agreement to use Intellectual Property Rights of Ask Jenny or the Merchants including domain names or any text, or images, banners or any other works created by or for Ask Jenny or the Merchants.
Ask Jenny will make payments to you (the affiliate or referrer) within 48 hours after receiving payment from your Referee (the person referred by you).
The Affiliate shall keep Ask Jenny indemnified against any claims for damages or other claims for compensation arising from the contents of the Affiliate’s website or any incorrect information given to Ask Jenny by the Affiliate. The Affiliate shall also compensate Ask Jenny for any other damages or costs caused by the Affiliate’s improper, negligent or unauthorised use of Ask Jenny service and technical problems or loss of data caused by the Affiliate on Ask Jenny website or on any website to which the Affiliate is linked by Ask Jenny.
4. Liability – System failure, viruses, damages, downtime.
Ask Jenny shall not be liable to the Affiliate for defects in the service, interruptions in the accessibility to the service, infringements on data or loss of data on the information handling system, defects in the security system or viruses or other harmful software components, loss of profits, contracts, loss of reputation, loss caused by any third party deleting, removing, deactivating or tampering with the Affiliate Tracking Service or other indirect or consequential loss whether arising from negligence, breach of contract or whatsoever.
5. Liability Limits.
Ask Jenny shall not be liable for any error in the implementation of the links on the Affiliate’s website or for the specified function of the links.
6. Legal Content and Approval.
The Affiliate is solely responsible for his/her website and all its contents and shall ensure that they conform at all times to all applicable laws and regulations.
7. Copyright / Intellectual Property.
Ask Jenny owns all copyrights, trademarks, intellectual property rights, know-how or any other rights connected to the service or software necessary for the service. The Affiliate does not acquire any rights or licences whatsoever under this Agreement other than to use links to Linked Websites on the terms of this Agreement.
8. Affiliates Information e.g. email, performance statistics.
The Affiliate consents to allow Ask Jenny to send newsletters etc to the Affiliate’s e-mail address and using the information given by the Affiliate for marketing purposes. The Affiliate confirms that in order to enable Ask Jenny to improve and/or to promote or market the service, Ask Jenny may produce statistics or summaries relating to the use of the service.
Ask Jenny may contact the Affiliate by email, telephone or post for feedback relating to the service including any ways in which it might be improved both for the network and for the individual Affiliate.
9. Applicable Law.
Ask Jenny shall not be liable for the legality of Ask Jenny service in countries other than Singapore. The Affiliate is solely responsible for the legality of the use of the service if the Affiliate is registered to Ask Jenny service from a country other than Singapore or if the Affiliate’s website is on a server in a country other than Singapore.
This Agreement is subject to the laws of Singapore and shall be subject to the non-exclusive jurisdiction of the Singapore courts.
If any dispute arises out of this Agreement the Parties will attempt to settle it by a mediation procedure as the parties may agree in writing.