Official Affiliate Agreement  

IN CONSIDERATION of the Affiliate entering into an agreement with 

SITEXCEL 

hereinafter referred to as “the Company”. IT IS AGREED subject to the terms and conditions set out below that as from the date hereof the Company appoints the Affiliate to act as its Agent for the sole purpose of introducing persons and organizations to the Company with a view to the Company servicing the web design, hosting and content management needs of the persons or organisations so introduced and the Affiliate agrees so to act 

CLAUSE 1 

The Affiliate shall act as Agent of the Company for the purpose only of procuring or endeavour to procure persons or organisations with whom he/she deals to enter into web design, hosting and content management Agreements by introducing such persons or organizations to the Company 

CLAUSE 2 

The Affiliate is not authorized to give advice to persons or organizations about entering into any web design, hosting and/or content management services 

CLAUSE 3 

During the subsistence of this Agreement the Affiliate shall not procure or endeavour to procure any person or organization to enter into any web design, hosting and/or content management services Agreement:- 

(i)   Other than by introducing such persons to the Company 

(ii)   With any person or organization other than the Company through the Company or any marketing group associate of the Company 

(iii)  Nor shall the Affiliate carry on web design, hosting and content management services of any kind with any person or organization other than the Company 

CLAUSE 4 

The relationship between the Company and the Affiliate is that of Principal and Agent and the Company by its execution of this Agreement accepts responsibility for the conduct of the Affiliate in the course of performing his/her duties hereunder 

CLAUSE 5 

The Affiliate agrees that he/she shall act in accordance with any Code of Business Rule (and in particular any such rules as may be issued from time to time by the Internet Corporation for Assigned Names and Numbers - ICANN) to which the Company is subject in carrying on its business including any rules which the Company is under a duty to ensure are complied with by all its Affiliates and Business Associates 

CLAUSE 6 

This Agreement may be terminated by either party giving not less than one month's notice to the other and will automatically terminate on the termination of the Agreement between the Affiliates and the Company 

CLAUSE 7 

It shall be deemed a breach of this Agreement entitling the Company to terminate this Agreement forthwith but subsequently confirmed in writing to the Affiliate in the event that the Affiliate commits any breach or omits to perform or observe any of his/her obligations under this Agreement 

CLAUSE 8 

The Affiliate will be remunerated by the Company on a 10% commission split basis on businesses introduced and payment confirmed. Such commission payment shall be made to the Affiliate on a monthly basis 

CLAUSE 9 

In the event that an introduced customer becomes an Affiliate in his/her own right, the Primary/Original Affiliate will cease to earn any further remuneration on businesses introduced by the new Affiliate (unless otherwise agreed and confirmed in writing by the Company) 

CLAUSE 10 

For the purpose of this Agreement any amount paid at the discretion of the Company to the Affiliate as an advance against commission and before it becomes due for payment shall be treated as a commercial loan (subject to relevant Consumer Credit Act) from the Company to him/her and shall be repayable on demand 

CLAUSE 11 

If, at any time during the currency of this Agreement or at or after termination thereof, the Company for any reason whatsoever and in its absolute discretion refunds any monies (or part thereof) under any of the contracts transacted as a result of introduction by the Affiliate the amount of any commission already paid or credited to the Affiliate in respect of the relevant contract together with the amount of legal cost and interest suffered by the Company as a result of such refund shall at the discretion of the Company be repayable by the Affiliate to the Company and may be deducted from monies otherwise payable to the Affiliate 

CLAUSE 12 

The Affiliate shall be solely responsible for all statutory charges, disbursements, tax payments, national insurance contributions, and expenses whatsoever incurred by him/her in carrying out his/her duties as a self-employed Affiliate 

CLAUSE 13 

This Agreement shall supersede any previous Affiliate Agreement between the Affiliate and the Company