Experience Matters Ltd Affiliate Program

This affiliate programme covers the sale/booking of workshops through the Experience Matters Ltd website. No other products or services are covered by this agreement or included in this affiliate programme.

This agreement describes the terms and conditions for participation in the Experience Matters Ltd Affiliate Programme. The terms "Affiliate," "you," and "your" are referring to you, the applicant. "We" and "our" refer to Experience Matters Ltd.

We are independent parties and this agreement does not constitute a partnership.

Agreement Duration

This agreement will begin upon our acceptance of your affiliate application and will end when terminated by either party.

Termination may happen at any time, with or without cause, by giving the other party written notice of termination.

Modification

By posting a Change Notice or a new agreement on this site, we may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available referral fees, fee schedules and payment procedures. If any of the modifications are unacceptable to you, your only recourse is to terminate this Agreement. If you continue participation in this affiliate programme following the posting of a Change Notice or new agreement, it will be considered as your acceptance of the change.

Links

Experience Matters Ltd will make available to you graphic and/or textual links, which will establish a hyperlink connection from your website to the Experience Matters Ltd website. The links will incorporate a referral number, assigned by Experience Matters Ltd affiliate programme system, which will uniquely identify you with respect to individuals referred to Experience Matters Ltd in connection with this programme.

Experience Matters Ltd will not be responsible for link failures due to any modifications to the links made by you. You agree that your website will not in any way copy or resemble the look and feel of the Experience Matters Ltd website, nor will you create the impression that your website is the Experience Matters Ltd website.

Web site responsibility/restrictions

Experience Matters Ltd reserves the right not to accept any site into the Affiliate Programme based on site content. Sites that do not qualify for the Affiliate Programme include sites such as:

1. X-rated and promote sexually explicit materials
2. Promoting violence and discord
3. Promoting discrimination based on race, sex, religion, nationality, disability, or age
4. Promoting illegal or questionable activities
5. Violating intellectual property rights

You will be solely responsible for the development, operation and maintenance of your website and for all materials that appear on it.

Such responsibilities include, but are not limited to: 

Ensuring that your website operates properly with respect to the use of the links; 

Ensuring the accuracy and appropriateness of materials posted on your website;

ensuring that materials posted on your website do not violate any law, rule or regulation, or infringe upon the rights of any third party (including, for example, copyright, trademarks, privacy or other personal or proprietary rights);

In addition, ensuring that materials posted on your website are not libelous or otherwise illegal, do not include any sexually explicit material, and do not promote any illegal or morally offensive activity. 

SPAM (UCE)

Unsolicited Commercial E-mail - Experience Matters Ltd in no way participates in mass unsolicited e-mailing (i.e. spamming), and all Affiliates are expected to adhere to this policy as well. Violation of this policy will result in the immediate termination of this contract and immediate dismissal from the Experience Matters Ltd Affiliate Programme.  All commissions earned are forfeited.

Licenses

All affiliates are subject to Experience Matters Ltd approval. 

Experience Matters Ltd reserve the right to refuse affiliation to any individual/company and will not enter into discussion in the event that your request is not approved.

Our decision is final and email communication will not be entered into.

Experience Matters Ltd hereby grants you a non-exclusive, non-transferable, revocable and limited license to reproduce and display the Experience Matters Ltd trademarks and logos provided to you by Experience Matters Ltd in connection with the display of the Links.

Experience Matters Ltd must see and approve your website content prior to issuing license and any changes made to your website after license has been issued should be brought to the attention of Experience Matters Ltd within 24 hours of change.

Consideration

For each individual workshop sale referred to Experience Matters Ltd, you shall be entitled to receive from Experience Matters Ltd a referral fee equating to 20% of the sales price (excluding shipping cost where applicable), subject to the following:

Referral fees apply to sales of the second and subsequent workshops.  For example:-

1. Affiliate generates one sale.  No commission earned.
2. Affiliate generates three sales.  Commission is earned on two sales.
3. Affiliate generates twenty sales.  Commission is earned on nineteen sales.
4. Affiliate generates five sales today and a further two sales in three weeks time. Commission is earned on six sales.
   

Referral fees can only be earned between the acceptance of the Affiliate application and notice of termination.

The referred individual must purchase at least one workshop; and

The referred individual must meet all payment obligations to Experience Matters Ltd.

Any returned cheques, charge backs, or fees from a returned order will be adjusted in the following fee payment.

If no fee payment is due, a billing invoice for the amount will be issued

Within thirty (30) days; after the end of each calendar month, Experience Matters Ltd will forward to you any payment due for referred individuals meeting the conditions listed above, via cheque along with a statement detailing the basis for such payment.

Experience Matters Ltd  will not be held responsible for failure to make referral payments due to technical problems, acts of third parties, or events outside the their control.

Experience Matters Ltd reserves the right to change the amount of the referral fee upon giving notice.

Experience Matters Ltd reserve the right to refuse affiliation to any individual/company and will not enter into discussion in the event that your request is not approved.

Our decision in all matters is final and email communication will not be entered into.

Order Processing

Experience Matters Ltd will be solely responsible for processing every order placed by a customer. Customers who purchase products and services through the Affiliate Programme will be deemed to be customers of Experience Matters Ltd. Prices and availability of our products and services may vary from time to time.  Experience Matters Ltd policies will always determine the price paid by the customer. We reserve the right to reject any order that does not comply with our rules, operating procedures and policies

Term / Termination

Experience Matters Ltd may terminate this programme at any time, with or without cause, by giving the other Party notice of termination. Notice will be provided by email.

Experience Matters Ltd can accept no responsibility for any loss due to cancellation of any workshops. Should any workshop be cancelled for any reason whatsoever this agreement is considered terminated. Payment of any outstanding referral fees is at the discretion of Experience Matters Ltd.

Indemnification 

You acknowledge that by participating in the Experience Matters Ltd referral programme, Experience Matters Ltd does not assume and should not be exposed to the business and operational risks associated with your business, or any aspects of the operation or content of your website(s).

Accordingly, you shall, defend, indemnify, and hold harmless Experience Matters Ltd from/against any suit, proceeding, assertion, damage, cost, liability, and expenses (including court costs and reasonable legal fees) incurred as a result of claims of customers or other third parties claim against Experience Matters Ltd and its suppliers, officers, directors, employees and agents arising from or connected with your website, including without limitation any activities or aspects thereof or commerce conducted thereon.

Limitation of liability: disclaimers

Except, with respect to liabilities arising under indemnification, under no circumstances, shall either party be liable to the other party, for indirect, incidental, consequential, special, or exemplary damages, including, without limitation, damages for loss of revenue or lost profits, arising from any provision of this agreement, even if such party had been advised of the possibility of such damages.  Furthermore, our aggregate liability arising with respect to this Agreement and the Programme will not exceed the total commissions paid or payable to you under this Agreement.

Except, as expressly set forth in this agreement, neither party makes any representations or warranties, express or implied, and implied warranties arising from course of dealing or course of performance. In addition, neither party makes any representation that the operation of its website will be uninterrupted or error free

Disclaimer

We make no express or implied warranties or representations with respect to the Affiliate Programme or your potential to earn income from the Experience Matters Ltd Affiliate Programme.

The laws of the United Kingdom will govern this Agreement. Any action relating to this Agreement must be brought in the courts located in the UK and you irrevocably consent to the jurisdiction of such 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 enforceable against the parties and their 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.

By submitting the Affiliate Agreement form, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this programme and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.

Experience Matters Ltd.
Tel: 020 8347 6260