We reserve the right to change these Terms and conditions without prior notice to you. If we change the Terms and Conditions, it will be posted to the web site and become effective at the time of posting.
1. Definitions
1.1 "Sale or Sales" – a completed sale taking place after payment received and invoice issued.
1.2 "Customer" – the advertiser placing and paying for advertising on PW Property Sales.
1.3 "Affiliate", "You" – you and other individuals you introduce to PW Property Sales and who subsequently become accepted as an affiliate.
1.4 "Payment" – commission owed to you by PW Property Sales.
1.5 "Unpaid Payment Balance" – commission earned by you as a result of achieving Sales (as defined above) which has not yet been paid to you.
1.6 "PW Property Sales", "Us’, "We" – John Trayhorn trading as PW Property Sales.
2. Introduction
2.1 This Affiliate membership agreement ("the Agreement") is made between PW Property Sales and the Affiliate ("You").
2.2 By entering into this agreement you are undertaking that you are a private individual over the age of 18 years.
2.3 By entering into this agreement you are confirming you have read these Terms and Conditions and agree to them.
2.4 You are not an employee of PW Property Sales. You are personally responsible for payment of any taxes to the government of residency. PW Property Sales will not be liable for any taxes unpaid by you.
3. Your Responsibilities
3.1 You will provide accurate and complete information to PW Property Sales that is not misleading in any way regarding your identity.
3.2 You will not provide PW Property Sales with any information or materials that infringe the rights of others (including any intellectual property rights).
3.3 You will not provide, promote, distribute, place or otherwise publish on behalf of PW Property Sales any information that is libellous or defamatory.
3.4 You may not accept payment on behalf of PW Property Sales from customers directly. All payments by customers must be made directly to PW Property Sales
3.5 Under the terms of this agreement, PW Property Sales does not prevent you working for another employer or company.
3.6 You must not at any time during or after termination of this agreement disclose or make use of your knowledge of any confidential information about PW Property Sales. Confidential information includes (without limitation) all and any information about business plans, research and development projects, product formulae, processes, inventions, designs, discoveries or know-how, sales statistics, marketing surveys and plans, profit or loss, prices and discount structures, the names address and contact details of customers and potential customers or suppliers and potential suppliers which the PW Property Sales treats as confidential.
3.7 You may link to PWPropertySales.co.uk or any page within the site from your website, email or other promotional material by using the links supplied to you in the affiliate back office.
3.8 You may promote PW Property Sales to recruit sub affiliates. 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 PW Property Sales 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 be property of PW Property Sales.
3.9 You may not include the PW Property Sales name or URL in any activities classed as SPAM in any way shape or form including email and newsgroup spamming. If you use SPAM or offer our services on any SPAM oriented site we will terminate your account immediately. Any unpaid commission will not be paid to you and will remain the property of PW Property Sales.
3.10 Current affiliates may not sign themselves up as sub-affiliate under their own assigned referral number in order to generate the additional commissions for their own sales. We have extensive tracking software in place to deter this. If we find that this ever the case, the account(s) in question will be immediately terminated and any referral fees unpaid since our last referral pay out will remain sole property of the PW Property Sales.
3.11 Whilst your job as an affiliate is purely to provide sales leads for PW Property Sales, you should be aware that you may be classed as an estate agent in law if you introduce and/or negotiate with people who want to buy or sell freehold or leasehold property (or their Scottish equivalents) including commercial and agricultural property. As such you should make yourself aware of the following acts: Estate Agents Act 1979 and Properties Misdescriptions Act 1991. By accepting these terms and conditions, you agree that you have knowledge of the previously mentioned acts and that you abide by them.
4. PW Property Sales Responsibilities
4.1 PW Property Sales will pay you commission on Sales where customers are initially introduced to PW Property Sales via the special links from your website which include your unique affiliate id including all new sales for that customer in the future.
4.2 PW Property Sales will pay you commission on all Sales achieved by tier 2 Affiliates you introduce to PW Property Sales including all new sales for that customer in the future.
4.3 PW Property Sales will set the level of commission and has the right to change the level of commission. PW Property Sales reserves the right to change any of the terms and conditions in this agreement, at any time and in its sole discretion, by posting a new agreement on our website.
4.4 PW Property Sales will make every effort to keep its website operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The Affiliate agrees not to hold PW Property Sales liable for any of the consequences of such interruptions.
5 Payment
5.1 Payment for Sales achieved by you will only be made once PW Property Sales has agreed to accept you as an affiliate.
5.2 Payment will on the 25th of each month. There is no minimum limit and any commission due will be paid on this date however small or large the amount.
5.4 Payment will be made by Paypal.
5.4 If a customers order is refunded you will not be paid the commission. If we have already been paid the commission, it will be deducted from your next payment.
Limitation of Liability
6.1 In no circumstance will PW Property Sales be liable for any loss whatsoever arising as a result of using of the PW Property Sales website or because of the publication of any material or information supplied by you. This includes claims for breach of contract and negligence.
7 Term and Termination
7.1 You may terminate this agreement at any time in writing or by Email immediately. On termination any monies owed by PW Property Sales to you will be paid within 2 months of termination.
7.2 PW Property Sales may terminate this agreement at any time in writing or by Email immediately. On termination any monies owed by PW Property Sales to you will be paid during the normal payment cycles.
7.3 On termination you will no longer earn commission on Sales from Affiliates you have introduced.
7.4 If you break any of the terms and conditions PW Property Sales has the right to terminate this contract immediately. Any unpaid commission will not be paid to you and will remain the property of PW Property Sales.
