TERMS OF SERVICE
SMALL BUSINESS EQUALISER / MARKETING ANGEL General Terms & Conditions
In using this website, you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Customer”, “Member”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “The membership”,
“We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Customer and the Company, or either the Customer or the Company. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Customer in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Customer’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
Every effort has been made to accurately represent this product and its potential there is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas and techniques. We do not position this product as a “get rich quick scheme”.
Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials Depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors different according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions
Many factors will be important in determining your actual results are no guarantees are made that you will achieve results similar to anybody else’s. In fact, no guarantees are made that you will achieve any results from our ideas and techniques in our material.
The Client accepts and agrees that the Client is 100% responsible for their progress and results from the program. The company makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. Client acknowledges that, as with any business endeavour, there is an inherent risk and there is no guarantee that the client will reach their goals as a result of participation in the program. Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. The company assumes no responsibility for errors or omissions that may appear in any of our program materials.
Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company: excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
Members’ are required to pay for their membership at the time of purchase and then every month there following on the same date each month. We may terminate your membership and remove you from all our business and membership platforms if your payment fails and we are unable to contact you to collect this. All products and materials within the membership will always remain the property of the business and are not to be reproduced or distributed.
Marketing Angel is not liable for any late payment fees or reclaimed failed payments by PayPal. For members making their monthly membership payment through PayPal, it is your responsibility to ensure your bank card details are correct and up to date, to do this you can follow the steps on the PayPal site. Should you cancel your marketing momentum membership, it is your responsibility to ensure your recurring payment is cancelled with PayPal directly to save any future payments being taken by PayPal.
All purchases and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
Cancellation Policy and Refunds Policy
If you are considering cancelling your membership please email our support team on [email protected].
Should you have signed up to the monthly membership subscription and would like to switch to an annual membership, you will have to purchase the annual membership first and inform our customer support team who will then cancel your monthly subscription for you. This switch can only happen within 3 days prior to your billing date. Switching from an annual membership to monthly is not possible, unfortunately.
From time-to-time, the company may provides various courses, programs, and associated material for sale separately to the membership. By purchasing these products, you are given immediate lifetime access to all the content for our courses, programs, and associated material (collectively the “Courses”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.
By ordering our Courses, you agree that the Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company. You shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses. Not following the above shall be a breach of these terms and conditions.
No refunds are given for a Course you have ordered as you shall be immediately granted instant lifetime access to the course materials and we cannot reverse this access. We clearly lay out what you will be getting from a particular course on the sales page before purchase, this will give you a full understanding of what to expect within the course. If you have any queries regarding any Courses, you can contact [email protected] prior to purchase.
EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
The information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. The information contained on this Website and the resources available for download through this Website is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
Links from this website
We do not monitor or review the content of the other party’s websites which are linked to from this website or learning material. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this website. This Company’s logo is a registered trademark of this Company in the United Kingdom and other countries.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an
agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he/she or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
Limitation of liability
Client agrees they use the company services at their own risk and that the program is only an educational service being provided. Client releases the company, its offices, employees, directors, subsidiaries, principles, agents, shares, executors, administrators, successors, assigns, instructors, guides, staff, participants, and related entities anyway as well as the venue where the programs are being held (if applicable, and any of its owners, executives, agents, or staff (hereinafter releases) from any and all damages that may result from any claims arising from any agreements, all actions, courses of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the programs.
Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that company will not be held liable for any damages of any kind resulting from or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of company services or enrolment in the program. The company assumes no responsibility for errors or omissions that may appear in any of the program materials.
The laws of England and Wales govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be
amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes
These terms and conditions form part of the Agreement between the Company and the Customer. Your accessing of this website and/or undertaking of purchase, membership or Agreement indicates your understanding, agreement to and acceptance of the Disclaimer Notice and the full Terms and Conditions contained herein.
Your statutory Consumer Rights are unaffected.
SMALL BUSINESS EQUALISER AFFILIATE PARTNER TERMS & CONDITIONS
2. These terms are applicable to the promotion of the Marketing Momentum Training Academy (“Academy”) membership scheme. We periodically update these terms. We might also choose to replace these terms in their entirety if, for example, the Affiliate Program changes or ends. If you don’t agree to any updates or replacement to the Terms you can choose to cease to be an affiliate.
We may vary these terms and conditions at any time. The latest version of these terms and conditions shall be as posted on our site or (provided that you have provided us with a valid up-to-date email address) emailed to you. Your continued acting as an affiliate constitutes your acceptance of any new or updated or amended terms and conditions. The term of our agreement will begin upon our acceptance of your application to be an affiliate and will end when terminated by either party. Please note that we are under no obligation to accept your application to be an affiliate and will review each application individually.
3. On applying to be an affiliate, you will be able to access the Affiliate Portal which contains information about how to view affiliate outcomes and an affiliate link that is personal to you for you to use in promoting some of Small Business Equaliser’s products and services.
4.1 As an affiliate, you may display one or more Links in a prominent position on relevant sections of your website(s), newsletters, social media accounts, promotional emails or any other media using graphics or textual images that are either provided or approved by Small Business Equaliser. If you have a new promotional idea, please email [email protected] to discuss before using it to promote the academy.
4.2 Affiliate Partner may display Small Business Equaliser Materials solely for the purpose of marketing and promoting Small Business Equaliser and its products and services during the term of this Agreement, or until such time as Small Business Equaliser may, upon reasonable prior notice, instruct the Affiliate Partner to cease displaying the Small Business Equaliser Materials. Affiliate Partner may not alter, amend, adapt or translate the Small Business Equaliser Materials without Small Business Equaliser’s prior written consent. The Small Business Equaliser Materials will at all times be the sole and exclusive property of Small Business Equaliser and no rights of ownership will at any time vest with Affiliate Partner even in such instances where Affiliate Partner has been authorized by Small Business Equaliser to make changes or modifications to the Small Business Equaliser Materials.
4.3 “Small Business Equaliser Materials” means any marketing or promotional materials relating to Small Business Equaliser or its platform or products, including but not limited to copyrighted content, hypertext links, domain names, icons, buttons, banners, graphic files, images and the Small Business Equaliser Trademarks.
4.4 Affiliate Partner will bear all costs and expenses related to Affiliate Partner’s marketing or promotion of Small Business Equaliser or Affiliate Partner’s products or services associated with Affiliate Partner’s participation in the Affiliate Partner Program (collectively, “Affiliate Partner Marketing Activities”) in any area, location, territory or jurisdiction, unless otherwise determined by Small Business Equaliser in its sole discretion.
4.5 In no event will Affiliate Partner engage in any Affiliate Partner Marketing Activities except as expressly set forth in this Agreement. In conducting all Affiliate Partner Marketing Activities, Affiliate Partner will comply with all applicable laws, rules, regulations and directives, including but not limited to those relating to email marketing and “spamming”.
4.6 Affiliate Partner will (i) not send any email regarding Small Business Equaliser to any individual or entity that has not requested such information;
(ii) always include Affiliate Partner’s contact information and “unsubscribe” information in any email regarding Small Business Equaliser and (iii) not imply that such emails are being sent on behalf of Small Business Equaliser. You may only send Affiliate Marketing Materials to people to whom you may legally send emails in accordance with all data protection regulations. It’s important that you do not spam people.
4.7 Affiliate Partner will not (i) engage in any fax, broadcast, telemarketing or any other offline marketing methods with respect to Small Business Equaliser; (ii) use malware, spyware or any other aggressive advertising or marketing methods in any of its dealings relating to Small Business Equaliser; (iii) make any false, misleading or disparaging representations or statements with respect to Small Business Equaliser; (iv) solicit any of Small Business Equaliser’s customers to leave Small Business Equaliser; (v) copy, resemble or mirror the look and feel of Small Business Equaliser’s websites, Small Business Equaliser’s Trademarks (as defined below) or Small Business Equaliser’s services or otherwise misrepresent Affiliate Partner’s affiliation with Small Business Equaliser; or (vi) engage in any other practices that may adversely affect the credibility or reputation of Small Business Equaliser, including but not limited to, sending email communications or using any website in any manner, or having any content on any website, that (a) uses aggressive or low-quality marketing, including marketing services that are unrelated to Small Business Equaliser or the Affiliate Partner’s services; (b) promotes sexually explicit materials, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or any illegal or objectionable activities; or (c) violates any intellectual property or other proprietary rights of any third party; or (d) otherwise violates Small Business Equaliser’s Policies, including but not limited to our Acceptable Use Policy.
4.8 Anything Affiliate Partner communicates in marketing or advertising any Small Business Equaliser product, service or opportunity must be true and accurate. Claims that relate to any Small Business Equaliser product, service or opportunity that are untrue or fraudulent are strictly prohibited. Affiliate Partner may not claim that any government, person, or entity endorses or supports Small Business Equaliser. Affiliate Partner may not use the intellectual property of any other person or entity in advertising any Small Business Equaliser product, service or opportunity.
4.9 Affiliate Partner will not promote or advertise Small Business Equaliser on coupon, deal, or discount sites or on GTP/Get Paid to Click or other incentivized sites, or display any offer code on a public-facing page or through the use of a “click to display” offer code.
4.10 Affiliate Partner will not use its links directly in any pay-per-click advertising;
4.11 Affiliate Partner will not purchase search engine or other pay-per-click keywords (such as Google AdWords), trademarks or domain names that use the Small Business Equaliser Trademarks (as defined below) or any variations or misspellings thereof that may be deceptively or confusingly similar to the Small Business Equaliser Trademarks.
4.12 Affiliate Partner will not create or participate in any third party networks or sub-affiliate networks without the express written permission of Small Business Equaliser.
4.13 Affiliate Partner will not use or encourage any means of delivering fraudulent traffic, including but not limited to use of bots or toolbar traffic, cookie stuffing, or use of false or misleading links.
4.14 Affiliate Partner will not use direct linking to any page on any Small Business Equaliser website, without prior written permission from Small Business Equaliser.
4.15 Affiliate Partner will not mask its referral sites or use deceptive redirecting links.
4.16 Affiliate Partner will not disparage the products or services of any other person or entity, including without limitation the products or services of a competitor of Small Business Equaliser, any other customer or Affiliate Partner of Small Business Equaliser, or Small Business Equaliser itself.
4.17 Small Business Equaliser’s Right to Monitor. Small Business Equaliser has the right, but not the obligation, to monitor or investigate any Affiliate Partner website and Your use of Small Business Equaliser’s products or services at any time for compliance with this Agreement or the Small Business Equaliser Policies. Our determination of whether a violation of any of these terms has occurred will be final and binding and any action taken with respect to enforcing this Agreement or any other terms, including taking no action at all, will be at our sole discretion.
5. The Affiliate System will track the sales and listings derived from each Link. It is your responsibility to ensure that each Link is correct and not modified in any way. You agree that we shall not be liable to you in relation to your failure to properly integrate the Link into your Marketing Materials, including to the extent such failure may result in any reductions of commission payments that would otherwise be paid. Sometimes the internet does not work, broadband goes down, your customers have computers with software that doesn’t work, they don’t have cookies enabled, or any one of multiple other things that are outside our control, and that may prevent your customer completing the sale or your commission being properly allocated. We cannot and shall not be responsible for this.
6.1 Payment of Fees. Upon acceptance into the Affiliate Program, you will be assigned one or more unique Affiliate Partner Link URLs that You can use to promote the Academy. When another person (a “Prospect”) clicks through that URL, a cookie (or similar tracking technology (hereinafter “Cookie”)) will be set in the Prospect’s browser. When the Prospect creates a new Membership Account by using Your Affiliate Partner URL, the Cookie on the Prospect’s browser, corresponding to Your unique URL, registers a “Transaction”. In the event that a Prospect has multiple Affiliate Partner Cookies, the most recently-acquired Cookie will determine which Affiliate Partner is credited with the Transaction.
6.2 Subject to an Affiliate Partner’s compliance with this Agreement, You will be entitled to a referral fee for each new paid member account that your Affiliate Partner URL has generated that generates a payment to Small Business Equaliser as a result of a new paying Marketing Momentum Membership Academy member. The referral fee amount is 25% of all fees received by Small Business Equaliser for a Sold Member Account (the “Referral Fees”) after the costs of sale have been deducted (see 4.9)
6.3 Referral Fees are paid only for transactions that actually occur between Small Business Equaliser and a Prospect. If the transaction does not actually occur, or if payment from a Sale is not actually received into Small Business Equaliser’s account, You will not be paid a Referral Fee on the transaction. If a referral does not link or attach to Your Affiliate Partner account within 30 days from such referral’s subscribing to the Marketing Momentum Training Academy, such referral will not be deemed as Your Sold Account and You will not be entitled to any Referral Fees from such referral. In order for an account to be linked to your Affiliate Partner account, a referral must either use your affiliate link directly or reach out to [email protected] within those first 30 days requesting to be linked. If payment for a Sold Account later results in a refund or charge-back, and if a Referral Fee was paid to You for that Sold Account payment, then the applicable Referral Fee will be deducted from any future Referral Fees. If the Small Business Equaliser team determines, in its reasonable discretion, that any Sale was procured fraudulently or as a result of any violation of this Agreement, no Referral Fees will be paid to You for such Sale, or if such violation or fraud is discovered by Small Business Equaliser after payment, such amounts shall be deducted from any future Referral Fees.
6.4 No Referral Fees will be paid on any Sold Account that is an affiliated business of the applicable Affiliate Partner. Affiliate Partner will not be paid any Referral Fees for payments made on Your own User Account(s). Affiliate Partner is not permitted to open a Small Business Equaliser Marketing Momentum Membership account under the name of another person or entity, or under a fictitious name. Affiliate Partner is not permitted to open a Small Business Equaliser account under any name merely for the purpose of obtaining Referral Fees or any other compensation, including without limitation incentives or prizes that may be offered from time to time. Affiliate Partner may not pay for another person’s account. Affiliate Partner is not permitted to refer itself or any affiliated business. Affiliate Partner is not permitted to offer cash rebates or other monetary incentives to actual or potential Sales. Violation of this paragraph shall constitute a material breach of this Agreement, and You agree to repay to Small Business Equaliser all Referral Fees earned as a result of any such violation.
6.5 You must have an active PayPal account in which to receive commission. This is the only method in which Small Business Equaliser will pay You the Referral Fees. If you do not currently have a PayPal account, you can sign up here https://www.paypal.com/us/home.
6.7 You shall not act as a reseller of our products or services nor hold yourself out or represent yourself as our agent in any way. You should disclose on all Marketing Materials and any other materials promoting the Academy that you are acting as our Affiliate.
6.8 Where a customer purchases the Academy as a direct result of accessing our site via a Link from your Marketing Materials (“Qualifying Purchase”), we shall pay you a commission of 25% of the value of the Qualifying Purchase actually received by us. How your affiliate commission payment is made will depend on how a member signs up. If a member chooses to purchase monthly membership, then your commission fee shall be paid to you monthly for as long as that person remains a member. For example, if the monthly membership fee is £37 a month, then you would receive a 25% affiliate commission on the value of that £37 received by Small Business Equaliser (less sale costs, see 4.9) every month for as long as the person remains a member of the Academy. If a member purchases a yearly membership, then you will receive 25% of the yearly membership payment (less sale costs, see 4.9) within 30 days of the sign-up.
6.9 We will pay your commission payments directly to your PayPal account each month. As we do not charge VAT, our payment will be without VAT. Should this change in future then we will update these terms and conditions. The amount you receive will be net of the following:
• Commission on refunds and chargebacks
• failed transactions;
• the PayPal, Stripe or equivalent charges for your transaction;
• any payment received by us which is made by the fraudulent and/or criminal use of a credit card; or
• any payment on a credit card being declined or a cheque being returned; or
• if a customer receives a refund for a product or service; or
• any sale that has been made as a result of spam
• any withholding we are entitled to make under the terms of this agreement; and any withholding we are required to make by law.
Where a commission fee has been made in relation to such payments, the amount of such commission shall be deducted from the commission payable in subsequent months or if the agreement is terminated you shall repay such commission fee to us.
6.10 For the avoidance of doubt, commission shall cease to be payable should you stop being an affiliate for the academy membership, from the moment your affiliate is cancelled. This also affects any ongoing subscriptions on Qualifying Purchases.
6.11 Commission will be credited to your Account once the customer’s credit card payment clears. It is rare we have to refund a customer, but any refunded sales will result in commission being deducted from your Account. Member refunds are entirely at our discretion.
6.12 The purchase must be completed on our site and must be completed during a Session (as defined below) in order for you to earn a commission fee on such purchase. “Session” means the period beginning upon a user's entry to our site via a Link (regardless of whether the visitor leaves and then returns to the site) from your site and ending 30 days thereafter if the user accepts cookies from our site. To keep track of the Session, we use a small text file called a “cookie” that is placed on the hard drive of the user’s computer. Some web browsers permit users to elect not to receive cookies and users may of their own volition delete cookies. Only users who accept cookies can be tracked for commission fees. Commission fees will not be paid for any purchase made by a user who does not accept “cookies” or who has deleted our “cookies” during a Session. Any Session in progress will automatically terminate upon the expiration or termination of this Agreement or upon the visitor deleting our cookie.
6.13 If a user accesses our website through a Link from your Marketing Materials but the Qualifying Purchase is made through a Link from another website or other collateral, you will not be paid a commission fee in relation to this purchase in order to avoid us having to pay double commission. If the customer arrives and doesn’t buy and then comes back via another affiliate’s link or uses that affiliate’s discount code, the commission will be credited to the most recent affiliate.
6.14 If a customer re-subscribes for membership (after having previously terminated a membership purchased via a Link from your Marketing Materials), upgrades their membership or purchases any other products or services other than as a direct result of accessing our site via a Link from your Marketing Materials, we shall not be obliged to pay you a commission fee on such payments received by us from such customer.
7.1 Affiliate Partner hereby represents and warrants to Company that You are engaged in an independent business enterprise, and that You have complied with all business requirements necessary to operate Affiliate Partner's business, if any, such as licensing, tax and other business operation requirements.
7.2 You are responsible for any and all tax liabilities, including without limitation income tax liabilities that arise from or in any way relate to any Referral Fees You receive from Small Business Equaliser.
7.3 We reserve the right to reject applications from potential customers
and to vary our prices, terms and the products that are including in this affiliate scheme at our absolute discretion.
8.1 Intellectual Property. We grant you a limited, non-exclusive, non-transferable, non-sub licensable, revocable right to use the graphic images and text provided by us solely for the purpose of creating the Links and displaying promotional text and material about our products and services in accordance with these terms and conditions. We may revoke this license at any time by giving you written notice and this license terminated automatically on you ceasing to be an affiliate.
8.2 We reserve all rights in all graphics, images, text and other content provided to you together with all rights in our trade names, domain names, copyrights and any other intellectual property rights owned by us.
8.3 You shall not present the Links or any images or other content including the Links in combination with any other name or mark, in connection with your own goods or services, or in any manner that may suggest or imply that you or your goods or services are supplied by, sponsored by, endorsed by or affiliated with us.
9.1 Liability. Our aggregate liability arising with respect to this agreement will not exceed the total commission fees paid to you under this agreement. 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, even if such damages were in the contemplation of either or both of us.
9.2 We make no express or implied warranties or representations with respect to the products or services sold through the site (including, without limitation, warranties of fitness, merchantability, non-infringement or any implied warranties arising out of a course of performance, dealing, or trade usage).
9.3 We make no representation that the operation of the site or the Links will be uninterrupted or error-free, or will not be re-routed or “black holed.” We may at times be unable to capture information regarding the Links and shall not be liable for the consequences of any such interruptions or errors.
9.4 We make no representation or warranty that the site, our trademarks and all content or other materials contained or displayed on any portion of the site do not and will not infringe upon or violate any rights of any third party, including without limitation any copyrights, trademarks, trade secrets, contract rights or privacy rights.
9.5 The affiliate panel is provided by Small Business Equaliser and as such we shall not be responsible for any error, defect, bug, fault, non-availability, delay or any other matter relating to the affiliate panel. We shall not be liable in any way for any loss, damage, claim, expense or any other liability suffered or incurred by you in relation to the affiliate panel.
9.6 Nothing in this agreement or otherwise is a promise or guarantee of earnings. We cannot guarantee your success or income level in helping us to promote the Marketing Momentum Training Academy.
10.1 Termination. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party 30 day’s written notice. We may terminate this Agreement at any time without notice if:
(a) we deem your website or other Marketing Materials or any of your
promotional materials (including those for products or services other than your own for example where you are acting as an affiliate for a third party) unsuitable for our affiliate program;
(b) you have breached these terms and conditions in any way;
(c) you are in our opinion transmitting or otherwise connected with any ‘spam’ or any other form of unsolicited bulk email communication;
(d) your continued association with us may in our reasonable opinion adversely affect our goodwill or reputation; or
(e) you or us cease to carry on business, are declared bankrupt or enter into an insolvency or administration procedure.
10.2 Upon the termination of this Agreement for any reason you will immediately cease use of, and remove from your site, all Links to our site, all of our trademarks and logos and all other materials provided by or on behalf of us to you.
11.1 Data Protection. You consent to us holding and processing data relating to you for legal, personnel, administrative and management purposes (“Affiliate Data”).
11.2 You consent to us making the Affiliate Data available to those who provide products or services to us (such as advisers), regulatory authorities, governmental or quasi governmental organisations and potential purchasers of us or any part of our business.
11.3 You consent to the transfer of the Affiliate Data to our business contacts outside of the UK.
11.4 You shall in being an affiliate comply with all provisions of the UK GDPR and the Data Protection Act 2018 and in particular the data protection principles.
12.1 The Parties to this Agreement are independent contractors. Neither Party is an agent, employee, representative or related entity of the other Party. Neither Small Business Equaliser nor the Affiliate Partner will have any right, power or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or otherwise bind, the other Party. This Agreement will not be interpreted or construed to create an association, agency, joint venture or Affiliate Partnership between the Parties or to impose any liability attributable to such a relationship upon either Party.
12.2 You have no authority to make or accept any offers or representations on our behalf and all sales by us are transactions solely between us and the purchasing customer.
13. Confidentiality. You agree to not share, use, copy, adapt, alter, distribute, duplicate or disclose any confidential information that we share with you (other than where you are required to disclose such information by law).
14. Severance. If any provision of these terms and conditions and the resulting agreement between us (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force unless, in our reasonable opinion, the purpose of this agreement is frustrated as a result.
15. Waiver. No failure or delay by us to exercise any right or remedy provided under this these terms and conditions and the resulting agreement between us or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy.
16. Assignment. The agreement between us is personal to you and you may not, without our prior written consent, assign, transfer, sub-contract, delegate or deal in any other manner with such agreement. We may assign our agreement with you at our discretion and without providing you with notice.
17. Entire Agreement. These terms and conditions and the resulting agreement between us constitutes the entire agreement between us and supersedes all prior agreements, communications and proposals.
18. Third party rights. A person who is not a party to the agreement between us shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.
19. Governing Law & Jurisdiction. These terms and conditions and the agreement between us and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. We each irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
20. Force Majeure
Small Business Equaliser will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control including acts of God, labour disputes or other industrial disturbances, pandemics, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
CHANCE TO WIN A FREE PLANNER PRE-LAUNCH FREE PRIZE DRAW
Terms & Conditions
This promotion is run by Colette Bratton of Small Business Equaliser, Hawkesyard Hall, Armitage Road, Rugeley, Staffordshire, WS15 1PU.
No purchase necessary. Entry to the prize draw is free of charge and is subject to the present terms and conditions and to all applicable laws and regulations.
By entering and participating in this promotion you agree to be bound by these terms and conditions and represent that you satisfy all of the eligibility criteria requirements set out below.
In the event of any conflict or inconsistency, these terms and conditions prevail. Entry and claim instructions are deemed to form part of the Terms and Conditions. Please retain a copy for your information.
How to get involved: Entrants must be over 18 years of old. Internet access will be required to enter. Colette Bratton at Small Business Equaliser shall not be held responsible if an entrant is not able to perform any or all of the entry requirements. Only one entry per person.
Opening and closing dates: The promotion will start on 24th April 2022 at 09.30am and close on 28th April at 23.59. Entries received outside the promotion period shall not be included in the promotion.
How to Enter: People must enter their email address to join the waiting list to be informed when the new planner is available to purchase from Amazon.
The prize is one copy of THE ENTREPRENEURS MARKETING, SOCIAL MEDIA & BUSINESS PLANNER.
Small Business Equaliser reserves the right to replace the prize with a prize of similar value. No cash alternatives will be provided, and prizes are non-transferable and non-refundable.
No fees shall be payable to any entrant in relation to their entry in any promotion. Any related costs/time off, whether that’s obtaining time off work and/or study to use the prize or participate in the promotion will be at the sole and absolute responsibility of each entrant or person using the prize. No additional, further or other costs or expenses are included in any prize unless expressly stated.
All prizes are awarded without warranty of any kind, expressed or implied (including, without limitation, any implied warranty of satisfactory quality or fitness for a particular purpose). If the winner does not claim the prize within seven days they will not be awarded the prize and Small Business Equaliser reserves the right to determine an alternate winner. Small Business decision in all matters in connection with the promotion is final.
Choosing the winners: The prize draw winner will be chosen at random on Friday 29th April 2022.
The Small Business Equaliser team will email the winner within 72 hours of the prize draw. The message will notify the winner that they have won, subject to verification and give the winner information on the prize and how to claim it.
Small Business Equaliser may share details of the winner’s first initial of their first name and full surname on its Facebook and Instagram pages, unless notified by an entrant that they object to their details being shared should they be chosen as the winner. If you would prefer that we didn’t share the first initial of your first name and your surname should you win, please email Colette Bratton at [email protected] Please note that Small Business Equaliser still have a legal obligation to share the winner’s details with the ASA if requested as proof that the prize has been awarded.
Winners may be required to provide additional information including their name, address and any necessary additional contact details in order for Small Business Equaliser to administer the prize.
The winner will be required to respond to the winning notification message within 16 days in order to claim the prize. If the winner does not claim the prize within 16 days of the receipt of the social media notification they will forfeit the prize. Small Business Equaliser reserves the right to reallocate the prize (in the event of a non-claim) to a reserve next in line from the original draw.
Late, incomplete or corrupt entries will not be accepted. No responsibility can be accepted by Small Business Equaliser for lost entries. Proof of entry to the promotion will not be accepted as proof of receipt. The entry must be made by the person entering the promotion.
Small Business Equaliser reserves the right to verify all entries and winners. Small Business Equaliser may refuse to award a prize or withdraw prize entitlement and/or refuse further participation in the promotion and disqualify the participant where there are reasonable grounds to believe there has been a breach of these terms and conditions or any instructions forming part of this promotion entry requirements, or otherwise where in entrant has won using fraudulent means. Small Business Equaliser’s decision is final in all matters pertaining to this promotion.
Terms and conditions: If in Small Business Equaliser’s reasonable opinion the promotion is compromised by any event beyond Small Business Equaliser’s control we reserve the right to modify, terminate, amend or extend the promotion without any responsibility or liability for any kind of loss or damage that may result to entrants. At any time during the promotion Small Business Equaliser reserves the right in our sole discretion to disqualify and remove any entrant for their failure to observe these terms and conditions. In the event that a winner is disqualified, the prize will be forfeited and will be awarded to another entrant.
What we need from you: Entrants shall ensure that personal data used to enter the promotion is accurate and up-to-date. Entrants warrant and represent that they personally performed and otherwise participated in the promotion to meet the criteria set out under these terms and conditions. By entering this promotion, the entrants warrant and represent that their entries do not infringe the rights of any third parties, including but not limited to copyrights, trademarks and/or rights of publicity/privacy. Entrants confirm that their entry does not contain material that violates or infringes another’s rights including but not limited to privacy, publicity or intellectual property rights. Entrants confirm that their entry does not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libellous.
Limitations of liability: In so far as permitted by law, Small Business Equaliser assumes no responsibility or liability for any: i) incorrect or inaccurate entry or for any faulty or failed electronic data transmissions such as communications line failure, regardless of cause, ii) inaccessibility or unavailability of the internet iii) insofar as permitted by law, any injury or damage to participants or any other persons’ computer which may be related to or resulting from an attempt to participate in this promotion.
In no event shall Small Business Equaliser be responsible or liable for any failure or delay in the performance of the obligations under these terms and conditions arising out of or caused by, directly or indirectly, forces beyond its reasonable control, including but not limited to strikes, work stoppages, accidents, or acts of God, and interruptions, loss or malfunctions of utilities, communications, or computer (software or hardware) services.
General: If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these terms and conditions, and the remaining clauses shall survive and remain in full force and effect. These terms and conditions are governed by the laws of England. The courts of England and Wales will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these terms and conditions.
Winners may be required to take part in related publicity, including (without limitation) publication of the name and image of the promotion winner along with their winning entry via Small Business Equalisers website, social media and other press and media channels. No additional payment will be given for this.