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Affiliate website terms and conditions

This affiliate website terms and conditions template may be used by owners of websites that produce income by means of affiliate links. This document is concerned with the legal relationship between the affiliate and users of the website; it is not meant to regulate the legal relationship between the affiliate and third party merchants.

The template allows for the creation of terms and conditions crafted to meet the specific requirements of a particular owner and website.

The T&Cs template contains a comprehensive disclaimer regarding the role of the affiliate, and in particular is intended to release the website owner from any responsibility for the conduct of third party merchants. The agreement seeks to avoid any liability on the part of the affiliate that may arise from the relationships between merchants and users.

Users must accept the terms and conditions and comply with website usage rules and guidelines. Guidelines for acceptable use of the website are itemised for the user. These include provisions prohibiting any unlawful or illegal acts or acts that may be harmful to the website, and further prohibitions may be added. The consequences of breaching the terms and conditions are clearly explained to the user.

Other provisions in this agreement address copyright and licensing, and the prevention of data collection. The affiliate may spell out additional guidelines for the user with respect to registration and accounts, user IDs and passwords, and account suspension and cancellation. This template also grants a licence to the website owner when a user submits content, and spells out the conditions this content must meet to comply with the terms and conditions.

Additional assurance is offered through a limited warranties provision. The affiliate website owner makes it clear in the T&Cs that he or she does not guarantee the accuracy, timeliness or availability of the website's content.

The document also includes standard provisions regarding liability limitations, indemnity and severability.

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Affiliate website terms and conditions contents

  1. Introduction: document governs website use; consent to website document: implied; consent to website terms and conditions: express; website user minimum age.
  2. Copyright notice: UCC copyright notice; ownership of rights in website.
  3. Permission to use website: licence to use website; no downloading; website use: permitted purposes; no modification of website content; limitations on licence to use website; redistributable content; suspension or restriction of access to website.
  4. Misuse of website: acceptable use: prohibitions; veracity of information supplied.
  5. Affiliate links: website includes affiliate links; affiliate fees; user acknowledgements regarding merchants; no obligation to mediate or enforce contract with third party; provision subject to limitations of liability.
  6. Registration and accounts: account eligibility; account registration process; no other person permitted to use account; notify on misuse of account; use of another's account.
  7. User login details: provision of login details; user ID rules and impersonation; password to be kept confidential; notify on disclosure of password; responsibility for password loss.
  8. Cancellation and suspension of account: rights of operator over free website account; cancellation policy for unused accounts; cancellation of free website account by user.
  9. Our rights to use your content: definition of user content; licence of user content; sub-licensing of user content; right to bring proceedings in respect of user content; waiver of moral rights in user content; user may edit own content; delete etc user content on breach.
  10. Rules about your content: user content warranty; no unlawful user content; user content rules.
  11. Report abuse: request to report abuse; how to report abuse.
  12. Limited warranties: no warranties for information; right to discontinue website publication; no implied warranties or representations relating to website.
  13. Limitations and exclusions of liability: caveats to limits of liability; interpretation of limits of liability; no liability for free information or services; no liability for force majeure; no liability for business losses; no liability for loss of data or software; no liability for consequential loss; no personal liability.
  14. Indemnity: indemnity from website users.
  15. Breaches of these
    terms and conditions
    consequences of breach; non circumvention of measures upon breach.
  16. Third party websites: third party websites: hyperlinks not recommendations; third party websites: no control or liability.
  17. Trade marks: trade mark ownership; third party trade marks on website.
  18. Variation: document may be revised; variation of website document: unregistered users; variation of website document: registered users.
  19. Assignment: assignment by first party; assignment by second party.
  20. Severability: severability of whole; severability of parts.
  21. Third party rights: third party rights: benefit; third party rights: exercise of rights.
  22. Entire agreement: entire agreement - use of website.
  23. Law and jurisdiction: governing law; jurisdiction.
  24. Statutory and regulatory disclosures: ecommerce regulations: trade register; ecommerce regulations: authorisation scheme; ecommerce regulations: professionals; ecommerce regulations: code of conduct; value added tax number.
  25. Our details: website operator name; company registration details; place of business; contact information.
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