DEFINITIONS
"TCH" means TCH c/o UBS AG Place St-Francois 16 PO Box 1002 Lausanne Switzerland and / or any of it's staff and/or representatives.
"Affiliate" The person and/or company agreeing to these terms and conditions by checking the box below and any of these companies' or individuals' staff and / or representatives
"Merchant" means any individual, business, company or employee or representative thereof, with whom TCH facilitates, transacts, executes or brokers a business relationship with on behalf of The Affiliate.
"Member" means any Affiliate or Merchant participating in the TCH business as invited by TCH.
"Former Member " means any Affiliate or Merchant who ceases to be a Member of TCH for whatever reason is referred to as a Former member for a period of twelve months (12) after ceasing to be a Member for TCH for whatever reason.
"Program" / "Programmes" means any individual or collection of campaign(s), or business activities facilitated, executed or brokered by TCH on behalf of a Merchant.
TERMS AND CONDITIONS
1) The Affiliate agrees to use its best endeavours to promote the services of TCH Merchants in accordance with any rules and/or guidelines as set out from time to time by TCH. Such rules and/or guidelines may be communicated to the Affiliate by letter, email and / or telephone and are subject to change. TCH will endeavour to provide at least three days notice of any changes to any program. This will include but is not restricted to, any guidelines for bidding on paid internet search services such as Adwords and/or Overture which must be strictly adhered to immediately after such notification is received by the Affiliate from TCH. Such communication will always originate from TCH.
2) Membership of TCH is strictly at the discretion of TCH. TCH will provide a minimum of seven days notice if the membership of any Member is to be revoked. Without prejudice to the rights of TCH to revoke membership at any time, the Affiliate must be in compliance with this agreement at all times. Any non-compliance with any part of this agreement may result in the membership of the Affiliate being suspended or withdrawn with immediate effect.
3) TCH will pay the Affiliate in respect of it's participation in TCH programmes in accordance with the payment terms as agreed between the Affiliate and TCH. TCH will only make such payments if the Affiliate has provided accurate and complete bank details in good time prior to any agreed payment date. The costs of any payment methods will be born by the Affiliate.
4) In the event of non-payment by a Merchant, TCH retains the right to defer, delay or cancel payments to an Affiliate until such time as the Merchant has paid TCH and such payment has cleared the bank account of TCH.
5) TCH may from time to time request individual Affiliates to run limited test advertising campaigns or to participate in an exclusive capacity with certain Merchants based on the specific expertise of the Affiliate as determined by TCH. Membership of TCH does not automatically guarantee inclusion in such programs.
6) All information obtained by the Affiliate from TCH or in the course of the service provided by the Affiliate in relation to the operations of TCH or any Member Program, must be kept confidential at all times with the following exception. All Affiliate members of TCH are welcome to discuss TCH activities only with other existing TCH Affiliate members. Discussion of TCH business activities including any programmes with any Former Members is prohibited.
7) The Affiliate agrees that while a Member of TCH and for the duration of a period of twelve (12) months following termination or cancellation of membership of TCH, the Affiliate may not enter into any arrangement with any Member or any Former Member or any company which is part of the corporate group of either the Member or Former Member of any appointed representative of the Member or any Former Member or any person or company which the Affiliate has made contact with through the business with TCH if any such arrangement was gained as a result of the Affiliates activities with or on behalf of TCH.
8) TCH accepts no responsibility for the actions of the Affiliate members in undertaking their business activities or services to TCH or to TCH Merchants. It is the responsibility of the Affiliate members to comply with all rules and regulations as it relates to their activities.
9) Under no circumstances is TCH liable for any misrepresentation by an Affiliate, of any product or Merchant business.
10) Affiliate members must provide a minimum of thirty (30) days written notice prior to their intention to cease membership of TCH.
11) Affiliates must not accept any payments or services from any Merchant members or any Former Members without the approval of TCH.
12) From time to time, TCH has the right to amend, update or revise this agreement and will provide written notice of these changes to the Affiliate members at which time the Affiliate may either agree to these changes or provide notice to cease their membership.
13) This agreement is subject to English Law and any disputes arising will be settled accordingly.
By checking the box below, you and/or your business is agreeing to be bound by the above agreement.