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Terms and Conditions

SCOTT GORMAN PHOTOGRAPHY – Affiliate Scheme Terms & Conditions

Agreement

By signing up to be an Affiliate in the Scott Gorman Photography Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Scott Gorman Photography reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.

Violation of any of the terms below will result in the termination of your Account and forfeiture of any outstanding affiliate commission payments earned. You agree to use the Affiliate Program at your own risk.

Account Terms

  • You must be 18 years or older and resident in the United Kingdom
  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  • Your login may only be used by you and not shared by multiple people.
  • You are responsible for maintaining the security of your account and password. Scott Gorman Photography cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all Content posted and activity that occurs under your account.
  • One person or legal entity may not maintain more than one account.
  • You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code and a discount code which can be provided to your customers. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Scott Gorman Photography. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.

To allow accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and Scott Gorman Photography. You must ensure that each of the links between your site and Scott Gorman Photography properly utilises such special link formats. Links to Scott Gorman Photography placed on your site pursuant to this Agreement and which properly utilise such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a Scott Gorman Photography product occurring directly through Special Links; we will not be liable with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement. Affiliate links should point to the page of the product being promoted.

Referral fees/commissions and payment

For a Product sale to be eligible to earn a referral fee, the customer must either:

  • click-through a Special Link from your site, email, or other communications to www.scottgormanphotography.co.uk and complete an order for a product during that session
  • Enter a discount code which is unique to your affiliate account and/or
  • Enter your personal or company details in the section “where did you hear about us” at the checkout

We will only pay commissions on links that are automatically tracked and reported by our systems. It will solely be at our discretion to pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

Payment schedule

Payments will be made quarterly with the payment dates being communicated from time to titme. Payments only begin once you’ve earned more than £30 in affiliate income. If your affiliate account never crosses the £30 threshold, your commissions will not be realised or paid. Each quarter you will receive a communication asking how you would like your affiliate income to be paid. This may change from time to time however may include options which are similar to the following:

  1. Take the entire balance as a cash payment
  2. Trade your balance in for photography services
  3. Donate your balance to one of our nominated charities

Customer definition

Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

Your responsibilities

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

  • The technical operation of your site and all related equipment
  • Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
  • The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
  • Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
  • Ensuring that materials posted on your site are not libelous or otherwise illegal
  • Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

Compliance with Laws

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant.

Term of the Agreement and Program

The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://www.scottgormanphotography.co.uk, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Scott Gorman Photography reserves the right to end the Program at any time. Upon program termination, Scott Gorman Photography will pay any outstanding earnings accrued above £30.

Termination

Scott Gorman Photography, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Scott Gorman Photography service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Scott Gorman Photography reserves the right to refuse service to anyone for any reason at any time.

Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

Limitations of Liability

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 Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Scott Gorman Photography will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights.

Miscellaneous

This Agreement will be governed by the laws of the United Kingdom, without reference to rules governing choice of laws. 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 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.

The failure of Scott Gorman Photography to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Scott Gorman Photography and govern your use of the Service, superceding any prior agreements between you and Scott Gorman Photography (including, but not limited to, any prior versions of the Terms of Service).

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 WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.