("this Agreement" or "Affiliate Programme")
We will register potential customers directed to the MTSocks website via an Affiliate, who have completed a purchase via the MTSocks website. By completing a purchase with us, they will become our Customers and our Terms and Conditions will apply to them.
Subject to clause 5, we will pay you a referral bonus in bitcoin ("Referral Bonus") equal to 10% of the sale amount for referred customers who complete a purchase and do not return the purchase within the return period. The referral bonus will be paid within 60 days of the purchase.
We may modify any of the terms and conditions contained in this Agreement or replace it at any time and in our sole discretion by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available Bonuses and Affiliate Programme rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in our Affiliate Programme following our posting of a change notice or new agreement on our website will constitute binding acceptance of the modification or of the new agreement.
Once you have signed up you will receive a unique Affiliate URL. By agreeing to participate in this Affiliate Programme, you are agreeing to create and maintain unique links from your website(s) or other platforms and channels to the websites which are owned, operated or branded by MTSocks and its group (“MTSocks Websites”).
We will terminate this Agreement immediately without recourse for you if there is any form of spamming or if you advertise our services in any other way. You shall not make any claims or representations, or give any warranties, in connection with us and you shall have no authority to, and shall not, bind us to any obligations.
You must not register (or apply to register) any domain name or Mark (defined below) similar to any domain name or Mark used by or registered in the name of any member of MTSocks or its group, or any other name that could be understood to designate MTSocks or its group.
You may not purchase or register keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service and which are identical or similar to any of the MTSocks group’s trademarks.
By this Agreement, we grant you the non-exclusive, non-assignable, right to direct potential customers to any of the MTSocks Websites in accordance with the Terms and Conditions of this Agreement. This Agreement does not grant you an exclusive right or privilege to assist us in the provision of services arising from your referrals, and we obviously intend to contract with and obtain the assistance of others at any time to perform services of the same or similar nature as yours. You shall have no claim to a Referral Bonus or other compensation on business secured by or through persons or entities other than you.
You will not knowingly benefit from known or suspected traffic not generated in good faith whether or not it actually causes us damage. We reserve the right to retain all amounts otherwise due to you under this Agreement if we have reasonable cause to believe of such traffic.
We hereby grant to you a non-exclusive, non-transferable licence, during the term of this Agreement, to use our trade name, trademarks, service marks, logos and any other designations, which we may from time to time approve ("Marks") solely in connection with the display of the promotional materials on your site(s) or other platforms and channels. This licence cannot be sub- licensed, assigned or otherwise transferred by you. Your right to use the Marks is limited to and arises only out of this licence. You shall not assert the invalidity, unenforceability, or contest the ownership of the Marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our rights in the Marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill. You must notify us immediately if you become aware of the misuse of the Marks by any third party.
Where applicable, for the purposes of the Data Protection Act 2018, and the General Data Protection Regulation, MTSocks remains an independent Data Controller. For the avoidance of doubt no Data Controller / Data Processor relationship or Joint Data Controller relationship is created by this Agreement. Bu agreeing to participate in this Affiliate Programme you shall at all times comply with the Data Protection Act 2018 and the General Data Protection Regulation and /or any other related or similar applicable legislation. Failure to do so will be cause for the termination of this Agreement with immediate effect.
Subject to clause 6, you will earn a Referral Bonus if the customers you have referred complete a purchase and do not return the purchase within the return period. Any referral bonus earned will be sent to the bitcoin address that you provide to us.
The Affiliate is responsible for paying all taxes, duties or assessments arising out of the transactions contemplated under this Agreement (except for taxes imposed on MTSock’s income).
The term of this Agreement will begin when you are approved as an Affiliate and continue thereafter unless and until either party notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement will be terminated immediately. Termination is at will, with or without reason, by either party. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.
Upon termination you must remove all of our banners/icons and marketing materials provided to you by MTsocks from your site(s) or other platforms and channels and disable all links. All rights and licenses given to you in this Agreement shall immediately terminate. You will return to us any Confidential Information, and all copies of it in your possession, custody and control (whether in electronic or hard copy or any other form of media) and will cease all uses of our Marks.
You shall not open more than one affiliate account without our prior written consent, nor will you earn a Referral Bonus on your own or a related person's account.
Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You have no authority to make or accept any offers or representations on our behalf. You must not make any statement, whether on your site or otherwise, that would contradict anything in this Agreement.
You shall defend, indemnify, and hold us, our directors, employees and representatives harmless from and against any and all liabilities, losses, damages and costs, including legal fees, resulting from, arising out of, or in any way connected with (a) any breach by you of any warranty, representation or term contained in this Agreement, (b) the performance of your duties and obligations under this Agreement, (c) your negligence or (d) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorised use of our banners and links or this Affiliate programme. You represent, warrant and covenant to MTSocks (i) your execution and performance of this Agreement does not and will not violate the laws of any country in which you offer your services (ii) you have the power and authority to execute, deliver and perform its obligations in accordance with this Agreement; and (iii) you shall perform this Agreement only as specified hereunder, only for lawful purposes, confirming to all applicable laws and ethical business practices and without knowingly violating any intellectual property, confidentiality or other right of any third party.
We make no express or implied warranties or representations with respect to the Affiliate Programme, about ourselves or the Referral Bonus payment arrangements (including, without limitation, functionality, warranties of fitness, merchantability, legality or non-infringement), and do not express nor imply any warranties arising out of a course of performance, dealing, or trade usage. In addition, we make no representation that the operation of the MTSocks Websites will be uninterrupted or error-free and will not be liable for the consequences if there are any.
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Affiliate Programme, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Programme will not exceed the total Referral Bonuses paid or payable to you under this Agreement. Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement. Our obligations under this Agreement do not constitute personal obligations of our directors, employees or shareholders. Any liability arising under this Agreement shall be satisfied solely from the Referral Bonus generated and is limited to direct damages.
You acknowledge that you have read this Agreement and agree to all its Terms and Conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement or operate or contract with websites that are similar to or compete with your website. You have independently evaluated the desirability of participating in this Affiliate programme and are not relying on any representation, guarantee, or statement other than as set out in this Agreement.
This Agreement shall be governed and construed in accordance with the laws of the Isle of Man. Any action relating to this Agreement must be brought in the Isle of Man and you irrevocably consent to the jurisdiction of its courts.
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against you and us and our respective successors and assigns.
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. No modifications, additions, deletions or interlineations of this Agreement are permitted or will be recognised by us. None of our employees or agents has any authority to make or to agree to any alterations or modifications to this Agreement or its terms.
Our rights and remedies hereunder shall not be mutually exclusive, that is to say that the exercise of one or more of the provisions of this Agreement shall not preclude the exercise of any other provision. You acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision of this Agreement, we may seek enforcement or compliance by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of this Agreement, its being the intention of this provision to make clear that our rights shall be enforceable in equity as well as at law or otherwise.
Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
