Last Updated: 21 July 2016
The Site is available only to individuals who can enter into legally binding contracts under applicable law. To begin the enrolment process, you must submit a complete and accurate Affiliate application (“Application”). To join the Network, you must be an entity or an individual of at least eighteen (18) years of age, with the requisite equipment and Internet connection to access the Network and Site. The Site is not intended for use by individuals under the age of eighteen (18). If you are under the age of eighteen (18), you do not have permission to use and/or access the Site. Bizfella will evaluate your Application and promptly notify you of your Application acceptance or rejection via the email address that you supply as a part of your Application. If any of the information supplied as part of your Application changes, at any time, you must immediately inform Bizfella of same to reflect such changes in your Affiliate profile.
Acceptance of Agreement
You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site. The Agreement constitutes the entire and only agreement between you and Bizfella with respect to your use of the Site, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site. We may amend the Agreement from time to time in our sole discretion, without specific notice to you. Any such modifications shall take effect immediately. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for updates and/or changes. If you do not agree to any such modified terms, do not use this Site in any manner or form.
Only by registering on the Site, completing the applicable Bizfella Network Agreement as either an Affiliate or Advertiser and receiving approval from Bizfella, can you utilise the affiliate marketing network operated by Bizfella (the “Bizfella Network”). The Bizfella Network allows: (a) interested third-party Affiliates including, but not limited to, marketers, publishers, advertisers and advertising agencies, to obtain Creative Materials (as that term is defined in the applicable Network Agreement) for various Advertiser products and/or services and market such products and/or services on Affiliate websites and/or through other online media as authorized by Bizfella; and (b) interested Advertisers to attract and retain third-party Affiliates in connection with the marketing of their products and/or services. Bizfella reserves the right to prohibit any conduct by Advertisers and Affiliates. Notwithstanding the foregoing, Bizfella undertakes no responsibility to monitor or otherwise police the use of Creative Materials or other activities of Affiliates, Advertisers and/or other third parties. You understand and agree that Bizfella will not be responsible for such Creative Materials and other information. You agree that Bizfella shall have no obligations and incur no liabilities to you in connection with any Creative Materials and other information appearing in the Bizfella Network or otherwise made available by and through the Site.
Please use caution, common sense and safety when using the Bizfella Network and/or other areas of the Site. You are solely responsible for your interactions with other Site-users including, but not limited to, Affiliates, Advertisers and/or other third parties. Because we are not involved in such interactions, in the event that you have a dispute with one or more Site-users, Affiliates, Advertisers and/or other third parties, you hereby release Bizfella including, but not limited to, its officers, directors, members, agents, subsidiaries and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. Bizfella reserves the right, but has no obligation, to monitor disputes between you and other Site-users, Affiliates, Advertisers and/or other third parties.
As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited licence to access and use the Site and associated content in accordance with the Agreement. As an Affiliate or Advertiser, you shall be subject to the restrictions contained in the applicable Network Agreement regarding use of the Creative Materials, the Bizfella Network and other materials made available therein. Bizfella may terminate this licence at any time for any reason. You may use the Site on one computer for your own personal, non-commercial use. No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Creative Materials, Site, any content featured therein or any portion thereof. Bizfella reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or Bizfella Network. You may not take any action that imposes an unreasonable or disproportionately large load on Bizfella’s infrastructure. Your right to use the Site is not transferable.
The Creative Materials, content, organisation, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site and Bizfella Network are protected under applicable copyrights, trade marks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Creative Materials, Bizfella Network or Site is strictly prohibited. You do not acquire ownership rights in or to any Creative Materials, content, document, software, services or other materials viewed at or through the Site and Bizfella Network. The posting of information or material on the Site and Bizfella Network by Bizfella does not constitute a waiver of any right in such information and/or materials. Your use of this Site and Bizfella’s services does not confer any intellectual property rights to you in the content you access or the services you use.
Editing, Deleting and Modification
We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
You agree to indemnify and hold Bizfella, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site, Creative Materials and/or Bizfella Network; (b) your breach of the Agreement; and/or (c) any dispute between you and any Site-User, Affiliate, Advertiser, any third party or other entity. The provisions of this paragraph are for the benefit of Bizfella, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
Disclaimer of Warranties
THE SITE, THE BIZFELLA NETWORK, CREATIVE MATERIALS AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PUSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, BIZFELLA MAKES NO WARRANTY THAT: (A) THE SITE, THE BIZFELLA NETWORK, CREATIVE MATERIALS AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE, THE BIZFELLA NETWORK, CREATIVE MATERIALS AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY AS EITHER AN AFFILIATE OR ADVERTISER; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND/OR BIZFELLA NETWORK WILL BE ACCURATE OR RELIABLE. THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE AND/OR BIZFELLA NETWORK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIZFELLA OR OTHERWISE THROUGH OR FROM THE SITE, BIZFELLA NETWORK, ANY AFFILIATE AND/OR ANY ADVERTISER, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BIZFELLA SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BIZFELLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, THE BIZFELLA NETWORK, CREATIVE MATERIALS AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE SITE AND/OR BIZFELLA NETWORK; (C) THE FAILURE TO QUALIFY AS EITHER AN AFFILIATE OR ADVERTISER; AND (D) ANY OTHER MATTER RELATING TO THE SITE, BIZFELLA NETWORK, CREATIVE MATERIALS AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE BIZFELLA FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF BIZFELLA TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED POUNDS (£500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BIZFELLA. THE SITE, THE BIZFELLA NETWORK, CREATIVE MATERIALS AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
Third Party Websites
The Site may provide and/or refer you to links to other Internet websites and/or resources. The inclusion of a third-party link to an outside website or resource on this Site should not be viewed as an endorsement of or recommendation for the third-party website, the resource, or anything contained therein. Because Bzifella has no control over the information, software, content, or creative material made available on such third-party websites and/or resources, you hereby acknowledge and agree that Bizfella is not responsible for the availability of such third-party websites and/or resources, or for any damages and/or losses arising therefrom. Any access to and/or use of such third-party websites and/or resources are done at your own risk. Your dealings with third parties found on or through this Site, including payment and delivery of related products or services, and any associated terms, conditions, warranties, or representations, are solely between you and such third party.