PUBLISHER
TERMS AND CONDITIONS
What has been
added?
DATA
PROTECTION and OBLIGATIONS OF THE PUBLISHER: For email broadcasts (see section
4 and 6 respectively).
To join
Earning Tree Network and to become a Publisher, you must first read carefully
the following terms and Conditions which govern the Publisher Program (the
"Conditions").
If you accept
these Conditions, please click the "I accept these Terms and
Conditions" button.
If you do not
wish to accept these Conditions, you will not have the opportunity to run as a
Publisher and will not be able to use the Earning Tree service.
(1)
DEFINITIONS AND INTERPRETATION
1.1 The
following words and expressions when used throughout these Conditions shall
have the following meanings:
Words and
Expressions |
Definition
and InterpretationRah |
Artificial
Traffic |
means a
collective term for invalid Clicks, Leads and Transactions/Sales which may
originate from (for example, but not limited to) automatic openings, spiders,
robots, adware or spyware, requested in emails or chat rooms, script
generators, inserting links on websites other than those specified, Clicks
that are not generated by a browser and Clicks that are not preceded by the
an act of a consenting Visitor who wishes to be directed to a certain website |
Click(s) |
means the
action of opening a link inserted on the Publisher's website. Once the link
is opened, the Visitor is thereby directed to a Linked Website |
Lead |
means a
Visitor who has been directed to a Linked Website by way of the Publisher and
has gone on to complete a definite act at the Linked Website, for example;
making a valid registration, or submitting a valid email address |
Linked
Website |
means the
website on which the Publisher has inserted a link |
Earning
Tree |
means Earning
Tree Solutions |
Publisher |
means you,
the person who enters into the Agreement with Earning Tree which is governed
by these Conditions |
Publisher
Program |
means a
Program that is operated by Earning Tree on behalf of a company on Earning
Tree's website that the Publisher can join |
Traffic |
means a
collective term for valid Clicks, Leads and Transactions/Sales |
Transaction(s)/Sale(s) |
means a
completed agreement to purchase a product, service or anything else supplied
on a Linked Website by a Visitor, who has been directed to a Linked Website
by way of the Publisher |
Visitor |
means any
person who Clicks on a link inserted on the Publisher's website and is
thereby directed to a Linked Website |
Receiver |
means any
person that has been sent an email into their inbox. "Website"
means www.Earning Treeworld.com |
Payment
– The commission
generated from the qualified sale to the referred customer which is
withdrawable as a commission payment.Payment term agreed at NET 30 from the
date of invoice received.
Campaign - The organised programme of
advertising and promotional activity as set out in the Campaign Schedule or, if
there is no Campaign Schedule, as otherwise agreed by the parties. The
programme may consist of only one or more items, whether an Advertisement or
promotional activity or other activity or item;
Campaign
Pause Notice – Any
campaign can be paused or stopped by the advertiser for the defined schedule as
and when required which is informed with a notice. The lead time of 12hrs will
be provided for scheduled campaign paused. In an event when the campaign is
paused due to unavoidable circumstances Earning Tree can direct the publisher
to pause the campaign on immediate basis.
Fraud
– Any
unidentified or untraceable sale committed by a party to a contract, or with
his connivance, or by his agents, with intent to deceive thereto or his agent,
or to induce him to earn the benefits. Publisher cannot hold Earning TreePerformance
responsible for any conversion which are not validate by the client or are not
billable to Earning Tree. Further Earning Tree cannot be held responsible for
any but not limited to cancelled, missed on client Analytics or not attributed
conversions.
Cancelled
Transactions– Any
transaction or purchase that is cancelled by either party or which results in
incomplete purchase or sale is deemed cancelled with no benefits or is RTO or
is deemed non billable by client. This also include any conversion which are
not fulfilled as per the terms of the campaign.
xxPublisher
terms: It is hereby
understood that in case of dispute in terms of validation or anyother case, Earning
Tree publisher agreement will supersedes this agreement. The terms can be
referred at https://Earning Treexxx.com/wp-content/uploads/2022/04/Publisher_t_conditions.pdf.
It will be the responsibility of the publisher to check the updates on the
above url on timely basis.
1.2 In these
Conditions, the following rules shall apply:
1. clause
and paragraph headings shall not affect the interpretation of these Conditions;
2. a
person includes a natural person, corporate or unincorporated body (whether or
not having separate legal personality) and that person's personal
representatives, successors or permitted assigns;
3. a
reference to a company shall include any company, corporation or other body
corporate, wherever and however incorporated or established;
4. words
in the singular shall include the plural and vice versa;
5. a
reference to one gender shall include a reference to the other genders;
6. a
reference to any party shall include that party’s personal representatives,
successors or permitted assigns;
7. any
reference to an English legal term for any action, remedy, method of judicial
proceeding, legal document, legal status, court, official or any legal concept
or thing shall, be English legal term in that jurisdiction;
8. any
phrase introduced by the terms including, include, in particular or any similar
expression shall be construed as illustrative and shall not limit the sense of
the words preceding those terms.
(2) THE
SELF-BILLING AGREEMENT
This is an
agreement to a self-billing procedure between: Earning Tree Solutions and the
self-billee (the supplier) to which this agreement relates.
Earning Tree
Solutions agrees:
2.1 To issue
self-billed invoices for all supplies made to them by the self- billee (the
supplier) until end of contract.
2.2 To
complete self-billed invoices showing the supplier's name, address and VAT
registration number, together with all other details which constitutes a full
VAT invoice
2.3 To make a
new self-billing agreement in the event that their own VAT registration number
changes.
2.4 To inform
the supplier if the issue of self-billed invoices will be outsourced to a third
party.
By accepting
this agreement the self-billee agrees:
2.5 To accept
invoices raised by the self-biller on their behalf until end of contract.
2.6 Not to
raise sales invoices for the transactions covered by the agreement.
2.7 To notify
us immediately if you:
· Change
your VAT number;
· Cease
to be VAT-registered; or
· Sell
your business or part of your business.
(3) THE
SERVICE
3.1 The
Publisher shall be permitted to insert links that are attached to websites
which have a Publisher Program registered at Earning Tree on its website
3.2 Earning
Tree may amend, modify, change or terminate its service and/or these Conditions
without notice at any time. The Publisher is responsible for keeping itself
informed of any such amendments to these Conditions and/or the service by
checking regularly the Website and these Conditions.
3.3 If any
modification is unacceptable to the Publisher, the Publisher's only recourse is
to terminate this Agreement, immediately cease to use the service and delete
all links to Linked Websites. The Publisher's continued participation in the
Publisher Program following the date of modification will constitute the
Publisher's binding acceptance of the modification.
(4) DATA
PROTECTION
4.1 Each
Party shall comply with Schedule I (Data Processing Agreement) assessable
through the following link: https://www.Earning
Treeworld.com/data-processing-agrement/.
4.2 The
Parties agree that the Publisher is the data controller and Earning Tree is a
data processor.
(5)
OBLIGATIONS OF THE PUBLISHER
5.1 The
Publisher shall be responsible for the content and operation of its website,
displaying of links, ensuring the accuracy, completeness etc. of
links/adverts/content and shall comply with all applicable laws and regulations
(including, without limitation, the E-Privacy Directive 2002/58/EC, The
Consumer Protection From Unfair Trading Regulations 2008, The Electronic
Commerce (EC Directive) Regulations 2002, The Privacy and Electronic
Communications (EC Directive) Regulations 2003, the Data Protection Act 2018
and the General Data Protection Regulation (GDPR)), the UK Data Protection Act
2018 and Regulation (EU) 2016/679 –The General Data Protection Regulationas are
in force from time to time.
5.2 If the
Publisher is an individual, the Publisher shall be at least eighteen (18) years
of age. If the Publisher is under the age of eighteen (18), parental or legal
guardian consent is required from a person who is at least eighteen (18) years
of age for the registration to Earning Tree’s service. If the Publisher is yet
to reach the age of eighteen (18) and has registered to Earning Tree’s service
without the aforementioned consent then the Publisher’s registration will be
deemed invalid.
5.3 The
Publisher warrants that any information provided to Earning Tree about itself
and its website is factually correct, complete, and submitted in due order. The
Publisher shall immediately notify Earning Tree of any changes regarding its
personal information given to Earning Tree by updating its information on the
Website. If the Publisher is a limited company then the Publisher must provide Earning
Tree with its registered company name, company number, registered office
address, trading address (if different) and VAT registration number (if
applicable).
5.4 The
Publisher warrants that the rights to all information and content on the
Publisher’s website belong to the Publisher. If the Publisher does not own the
rights to the information and/or content then it warrants that it has obtained
the previous consent to its publication from the rightful owner, including all
necessary licences and consents. The Publisher also warrants that all
information and content on the Publisher’s website does not breach any rights
of third parties, including intellectual property rights, and that such
information and content is not offensive, prohibited or questionable in any
way. Examples of such content include (but not limited to) pornography,
xenophobic or hateful content, as well as adware, spyware, Peer2Peer and file
sharing.
5.5 The
Publisher shall not generate, or contribute to the act of generating Artificial
Traffic to Linked Websites. This includes, but is not limited to, Publisher
self-generated Leads.
5.6 The
Publisher shall immediately inform Earning Tree of any known or suspected
wrongful use of a Publisher Program, the Publisher’s links to Linked Websites
operating as a part of Earning Tree’s service, or of any improper use of Earning
Tree’s service whatsoever.
5.7 The
Publisher shall provide a clear and unambiguous notice to visitors to the
Linked Website that it may earn remuneration for recommending a company’s
product on its Linked Website. The Publisher shall ensure that the Linked
Website shall display the earnings disclosure badge in the manner prescribed on
http://affiliatedisclosure.com/best-practice.php (as amended from time to
time).
5.8
Notwithstanding the provisions of Schedule I (Data Protection), the Publisher
shall co-operate fully and in a timely manner with any reasonable request from
timeto time of any auditor (whether internal or external) of Earning Tree Media
and at the expense of the Publisher to provide documents, or to procure the
provision of documents, relating to the Agreement, and to provide, or to
procure the provision of, any oralor written explanation relating to the same.
5.9 The
publisherrecognises that Earning Tree has proprietary relationships with
Advertisers. Publisheragrees not to circumvent Earning Tree’s relationship with
such Advertisers, or to otherwise solicit, purchase, contract for or obtain
services similar to the Services performed by Earning Tree hereunder from any
Advertiserthat is known, or should reasonably be known, by publisherto have
such a relationship with Earning Tree, during the term of the Agreement and for
six (6) months following termination or expiration of the Agreement.
Notwithstanding the foregoing, to the extent that publishercan show that any
such Advertiseralready provided such services to publisherprior to the dateof
the first IO executed by the parties, then publishershall not be prohibited
from continuing such relationship.
(6)
OBLIGATIONS OF THE PUBLISHER: For email broadcasts
6.1 The
publisher warrants that all email data collected for third party marketing
communications has been lawfully obtained and is processed in accordance with
all applicable laws and regulations.
6.2 The
receiver must have the opportunity to opt out both when they first collect the
details, and in every email sent.
ICO Guide to
Direct Marketing 6th September 2013. Page 31 (126) Organisations must give the
customer the chance to opt out - both when they first collect the details, and
in every email or text. Organisations should not assume that all customers will
be happy to get marketing texts or emails in future, and cannot rely on the
soft opt-in rule unless they provided a clear opportunity to opt out first.
(127) It must be simple to opt out. When first collecting a customer's details,
this should be part of the same process (e.g. online forms should include a
prominent opt-out box, and staff taking down details in person should
specifically offer an opt-out).
6.3 Unless
otherwise stated email from line, headers and footers must reference the
original source of data capture as the sender, or reference a sender that was
established at point of registration as a 3rd party. The client/advertiser must
not be the only reference in the from line and must be second to sender i.e.
From: XYZ list - Advertiser ABC. To comply with the below, recognition of the
"Sender" is essential and required by any data controller who
receives the data.
ICO Guide to
Direct Marketing 6th September 2013. Page 20 (76) PECR specifically requires
that the customer has notified the sender that they consent to messages from
them: On a strict interpretation, indirect consent would not meet this test -
as the customer did not directly notify the sender, they notified someone else.
6.4 3rd
parties that receive data for marketing purposes must have been specifically
named at the original registration point. This is required by any data
controller who receives the data.
ICO Guide to
Direct Marketing 6th September 2013. Page 21 (79) Indirect consent may
therefore be valid if that organisation was specifically named, or if the
consent described a specific category of organisations and it clearly falls
within that description.
6.5 You must
carry out due diligence and check that any data provided is compliant and that
you can provide full information if challenged. This is required by any data
controller who receives the data.
ICO Guide to
Direct Marketing 6th September 2013. Page 22 (83) It is not acceptable to rely
on assurances of indirect consent without undertaking proper due diligence, in
order to demonstrate consent if challenged. Organisations must ensure that
consent was validly obtained, that it was reasonably recent, and that it
clearly extended to them or organisations fitting their description.
6.6
Information to provide for a look up to prove consent was obtained.
ICO Guide to
Direct Marketing 6th September 2013. Page 24 (95) Organisations should
therefore make sure that they keep clear records of exactly what someone has
consented to. In particular, they should record the date of consent, the method
of consent, who obtained consent, and exactly what information was provided to
the person consenting.
6.7 The
Publisher takes full responsibility to manage complaints, including the ICO and
claims or complaints from recipients or data subjects resulting from data you
have provided, used or selected for use for Earning Tree Media campaigns.
6.8 The
publishertake full liability and shall indemnify Earning Tree Media and our
Clients in full and on demand for any claims, damages awarded or fines from any
regulatory body including the ICO, resulting from any complaint or judgement of
noncompliance to PECR.
6.9 Earning
Tree Media reserve the right to take legal action for damages, financial or to
reputation, resulting from non-compliant data provided or used by partners for Earning
Tree Media campaigns.
6.10 The full
ICO guidance document that Earning Tree Media have referred to above can be
viewed here: https://ico.org.uk/media/for-organisations/documents/1555/direct-marketing-guidance.pdf
(7)
OBLIGATIONS OF EARNING TREE
7.1 Earning
Tree shall monitor and catalogue the Traffic generated by the Publisher's
website, in accordance with the service provided by Earning Tree.
7.2 Earning
Tree shall collect and pay to the Publisher all amounts due to him arising from
these Conditions ("Remuneration").
(8)
REMUNERATION
Payment of
Remuneration to the Publisher shall be made by Earning Tree monthly in arrears,
provided that the following conditions are satisfied:
8.1 The
Publisher has generated legitimate Traffic and that Earning Tree has received
payment from each company with whose Publisher Program the Publisher is
registered; all Remuneration is calculated upon the total Traffic generated up
to the end of the month prior to the month of payment.
8.2 Subject
to clause 8.5, Remuneration will only be made if by the last day of the month
prior to the payment date, the Publisher is due an amount of at least fifty
(£50) pounds and only if Earning Tree has received full payment for these
Transactions. Any amount the Publisher is due that is less than fifty (£50)
pounds will be carried forward to the next payment date and will be included in
the amount to be paid out at the next payment date, provided again that the
minimum amount due is at least fifty (£50) by the end of the month prior to
that payment date. Any amounts carried over to the next payment date will not
accrue any interest.
8.3 Payment
to the Publisher will be made direct to the Publisher's bank account, as
specified by the Publisher on the Website, detailing the name and branch of the
bank, sort code and account number of the Publisher.
8.4 The
Publisher shall be responsible for the payment of all tax and national
insurance contributions (if applicable) to be paid on any Remuneration it
receives from Earning Tree.
8.5 If the
Publisher chooses to receive a wire payment and the Remuneration due is less
than one thousand pounds (£1,000), this will be carried forward to the next
payment and will be included in the amount to be paid at the next payment date,
provided again that the minimum amount due is at least one thousand pounds
(£1,000) by the end of the month prior to that payment date.
(9) LIMITS
OF LIABILITY: The Publisher's attention is particularly drawn to this clause
9.1 Subject
to clause 9.3, in no event shall Earning Tree be liable for:
9.1.1 any
loss of profit, data or goodwill, nor any indirect, special, incidental or
consequential damages incurred by the Publisher arising out or in connection
with these Conditions, even if Earning Tree have advance notice of the
possibility of such damages;
9.1.2 costs
and damages incurred by the Publisher arising out of or in connection with
these Conditions, except to the extent that they are incurred as a result of Earning
Tree's negligence in providing its service;
9.1.3 any
defects in the service, disruption in the accessibility to the service,
infringements on data or loss of data on the information handling system;
9.1.4 any
defects in the security system or viruses or any other malignant software
components in Earning Tree's service, or any costs and damages as a result of
viruses or components to the service, the Publisher software and/or the
Publisher's website;
9.1.5 any
error in the implementation of inserting the links on the Publisher's website,
or for the specified function of the links;
9.2 Earning
Tree's total liability arising out of or in connection with these Conditions,
shall not exceed the total Remuneration paid or payable to the Publisher under
these Conditions in the twelve months immediately preceding the date on which
the event giving rise to the most recent claim or liability occurred. Nothing
in this condition 6 limits or excludes Earning Tree's liability for death or
personal injury resulting from Earning Tree's negligence, or the negligence of Earning
Tree's employees, agents or subcontractors; or for any damage or liability
incurred by the Publisher as a result of Earning Tree's fraud or fraudulent
misrepresentation. Earning Tree cannot guarantee the performance of Earning
Tree's service or warrant the links to any Linked Websites.
(10) TERM
AND TERMINATION
10.1 This
Agreement shall commence upon the date at which Earning Tree accepts the
Publisher and shall remain until terminated in accordance with these
Conditions.
10.2 Either
party shall be entitled to terminate this Agreement by written notice at any
given time. Upon termination, the Agreement will cease and the Publisher shall
immediately cease to use Earning Tree's service and delete all links to Linked
Websites.
10.3 Earning
Tree reserves the right to immediately terminate this Agreement by written
notice and/or suspend the Publisher from Earning Tree's service or from a
certain company's Publisher Program under the following circumstances:
10.3.1 if the
Publisher breaches any of the terms of these Conditions;
10.3.2 if Earning
Tree considers the Publisher or the content of its website inappropriate in any
way;
10.3.3 if Earning
Tree is requested to do so, for whatever reason, by a company to whose
Publisher Program the Publisher is registered;
10.3.4 if the
Publisher acts fraudulently or illegally in any way, or the Publisher is found
to be responsible for generating or attempting to generate Artificial Traffic
to Linked Websites. This includes, but is not limited to, Publisher
self-generated Leads;
10.3.5 if the
Publisher has failed to generate any valid Traffic in a three (3) month period;
and
10.3.6 if the
Publisher is declared or becomes insolvent or bankrupt, has a moratorium
declared in respect of its indebtness, enters into administration,
receivership, administrative receivership or liquidation or threatens to do any
of these things, takes or suffers any similar action in any jurisdiction or any
step its taken (including, without limitation, the making of an application or
the giving of any notice) by it or by any other person in respect of any of
these circumstances.
10.4 In the
event that Earning Tree suspends the Publisher from a particular company's
Publisher Program, the Publisher shall immediately delete all links to all
websites relating to or connected with that particular company's Publisher
Program.
10.5 Upon
termination of this Agreement, Earning Tree shall immediately notify the
Publisher by email to the email address provided by the Publisher to Earning
Tree during the registration process. Upon receipt of the said notification
from Earning Tree, the Publisher shall be required to immediately cease to use Earning
Tree's service and delete all links to Linked Websites.
10.6 Upon
termination, Earning Tree will pay to the Publisher any Remuneration (if any)
due to the Publisher at the time of termination. The Remuneration will be paid
at the end of the month following termination, subject to any set- off,
counterclaim or deduction that Earning Tree may have, provided that the
Remuneration is at lease fifty pounds (£50). The Remuneration of any Affiliate
Gift card will be subject to the discretion of Earning Tree.
(11)
INDEMNITY
11.1 Without
prejudice to any other right or remedy which Earning Tree may have under these
Conditions, the Publisher shall indemnify and keep indemnified Earning Tree
against any and all claims, for damages or any other claims for compensation as
a result of:
11.1.1 the
contents of the Publisher's website or any erroneous information supplied to Earning
Tree by the Publisher;
11.1.2 the
Publisher's improper, negligent or unauthorised use of Earning Tree's service;
and
11.1.3
technical problems or loss of data caused by the Publisher on the Website (or
any website to which the Publisher is linked by Earning Tree).
(12)
RELATIONSHIP OF PARTIES
12.1 Earning
Tree and the Publisher are independent contractors and nothing in these
Conditions shall create any partnership, joint venture, agency, franchise,
sales representative or employment relationship between the parties. The
Publisher shall not have authority to make or accept any offers or
representations on Earning Tree's behalf.
(13)
ASSIGNMENT OF THE AGREEMENT
13.1 The
Publisher may not assign, transfer, charge, mortgage or subcontract its rights
or obligations under these Conditions in full or in part to any third party
without the prior written consent of Earning Tree.
13.2 The
Publisher agrees that Earning Tree may assign its rights and obligations under
these Conditions and disclose or transfer information pertaining to the
Publisher's website, email and so forth to any third party.
(14)
CONSENT
14.1 The
Publisher consents to Earning Tree using information given by the Publisher for
marketing purposes, the sending of newsletters from Earning Tree to the
Publisher's email address, and the publication of the Publisher's name and web
address etc. on the Website. If the Publisher does not want Earning Tree to use
the Publisher's data to contact it by electronic means (e-mail, SMS, website)
with information about and services similar to those which were or are the
subject of a previous sale or negotiation of a sale to the Publisher, please
contact us at info@Earning Treeworld.com.
(15)
SEVERABILITY
15.1 If any
term of these Conditions is found by any court or administrative body of
competent jurisdiction to be invalid, unenforceable or illegal, the other terms
shall remain in force. If any invalid, unenforceable, or illegal term would be
valid, enforceable or legal if some part of it were deleted, the terms shall
apply with whatever modifications necessary to give effect to the commercial
intention of the parties
(16)
INTELLECTUAL PROPERTY RIGHTS
16.1 Earning
Tree either owns or has the right to make available all copyrights, trademarks,
intellectual property rights, know-how or any other rights pertaining to the
service or the software necessary for the service. The Publisher does not
procure any rights or licences whatsoever under these Conditions, other than a
non-exclusive, non-transferable, royalty free licence to use links to Linked
Websites, subject to and as specified under these Conditions.
(17) FORCE
MAJEURE
17.1 Neither
party shall be liable for any delay or failure in performing any of its duties
or obligations (in whole or in part) where such delay or failure is beyond the
reasonable control of that party including without limitation national
emergency, war, prohibitive Governmental legislation, embargo, industrial
action, breakdown or failure of telecommunications or equipment external to the
Services, interruption of or failure by statutory undertakings or other
suppliers to supply materials or facilities, act of God, fire, terrorism or
otherwise ("Force Majeure Event").