Flying World Wide - Affiliate
Terms &Conditions
By signing up to be an affiliate in the Flying World Wide Affiliate Program (the
“Program”) you agree to be bound by the following terms and conditions (the
“Terms”). Please ensure that you read them carefully before signing up. These
Terms are a legal agreement between Flying World Wide Limited a company
registered in Hong Kong under company number 1861144, and having its
registered office at 31F, ChinaChem Century Tower, 178 Gloucester Road,
Wannchai, Hong Kong (“we”, “us”) and You (the “Affiliate”, “you”).
We reserve the right to update and change the Terms from time to time
without notice. Any amendments, modifications, enhancements or changes to
the Program including the release of new features and resources made
available by us from time to time shall be subject to these Terms. Continued
use of the Program after any such changes shall constitute your consent to
such changes. You can review the most current version of the Terms at any
time at: https://www.flyingpapers.com/affiliate-terms-and-conditions
Any violation of these Terms may result in, among other things, termination or
suspension of your rights to be an Affiliate and forfeiture of any outstanding
affiliate referral fee payments earned during the violation.
Account Registration & Terms
You must provide your legal full name, a valid email address, and any other
information requested in order to complete the sign up process for an Affiliate
account (“account”)
You must be 18 years of age or older to join this Program.
Each account is for use by either a single legal entity (e.g. a company or a
partnership) or an individual user. We do not permit you to share your user
name and password with any other person nor with multiple users on a
network. Responsibility for the security of any user names and passwords
issued (including those of any Invitees) rests with you.
You may not use the Program for any illegal or unauthorized purpose. You
must not, in the use of the Program, violate any laws in your jurisdiction
(including but not limited to copyright laws).
Referral Links & Promotion
Once you have signed up for the Program you will be provided with a URL link
that must be used to identify you when placing a link from your site, email or
other communications to the Flyingpapers website. It is your responsibility to
ensure each such link is correctly formatted.
We may also provide graphical images that can be used within the links to
promote Flying Papers. You may not modify these images in any way. We
reserve the right to change the images at any time without notice.
You will be solely responsible for the development, operation, and
maintenance of your site and for all materials that appear on your site
You may not use our name or graphics in any bulk email whatsoever unless
we have given our advanced written consent. We may terminate the
Agreement if any meaningful spam complaints naming us or our services
result from your marketing activities.
You may not issue any press release with respect to this Agreement or your
participation in the Program; such action may result in your termination from
the Program. In addition, you may not in any manner misrepresent or
embellish the relationship between us and you, say you develop our Services,
say you are part of Easy Software or express or imply any relationship
between us and you or any other person or entity, except as expressly
permitted by this Agreement.
Referral Fees
For the sale of a subscription to be eligible to earn a referral fee, the customer
must click-through a link from your site, email, or other communications to the
Flying Papers website and sign up within 90 days of the initial click-through. If
they fail to sign up within those 90 days and later return without following your
link, you will not earn a referral fee.
We will only pay referral fees on links that are automatically tracked and
reported by our systems. For our systems to track the referral, the visitor must
have cookies enabled. We will not pay referral fees if someone says they
signed up through you but it was not tracked by our system.
The referral fee is 10% of our revenue from customers that you refer. The
referral fee will be credited to your Affiliate account, PayPal account once the
customer pays their orders. Referral fees are only earned if a customer makes
a payment in full.
Payment
Accrued referral fees are paid via PayPal roughly once per month. The
Affiliate will then receive an invoice, commission nota from Flying World Wide
for the indicated amount. You must have a valid Paypal account to receive
referral fees, we may offer other payments methods on demand.
Customer payments refunded or payments charged-back due to credit card
fraud do not qualify for referral fees. We may delay crediting of referral fees
subject to risk analysis considerations and Anti-Money Laundering
procedures.
A summary of sign ups and statement of referral fees is available to the
Affiliate by logging into their Affiliate account.
The referral fee structure is subject to change at our discretion.
We reserve the right to disqualify referral fees earned through fraudulent,
illegal, or overly aggressive, questionable sales or marketing methods.
All fees are exclusive of all taxes, charges, levies, assessments and other
fees of any kind imposed on your involvement in this Agreement and shall be
the responsibility of, and payable by you.
We reserve the right to check and change commissions on the basis of orders
actually paid, the notification e-mail is not understood as a confirmed
commission - this is only a notification, and every payment will be verified
based on real transactions.
Customer Definition
Every customer who buys a service through this program is deemed to be a
customer of Flying World Wide Limited. Accordingly, all of our rules, policies,
and operating procedures concerning pricing, customer orders, customer
service, and services sales will apply to those customers. We may change our
policies and operating procedures at any time. Flying World Wide Limited is
not responsible for any representations made by the Affiliate that contradict
our rules, policies or operating procedures.
Pricing & Availability
We will determine the prices to be charged for services sold under this
Program in accordance with our own pricing policies. Services prices and
availability may vary from time to time. Because price changes may affect
services that you have listed on your site, you should not display services
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 service.
Copyrighted and Trademarked material
You are solely responsible for ensuring that your reviews, product descriptions
and articles (if applicable at your site) obey all applicable copyright, trademark,
and other laws. Flying World Wide Limiyed will not be responsible if you use
another party's copyrighted or trademarked material in violation of the law.
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 notice of termination. Notice by e-mail, to your address on our
records, is considered sufficient notice to terminate this Agreement. Flying
World Wide Limited reserves the right to end the Program at any time. Upon
Program termination, Flying World Wide Limited will pay any legitimate
outstanding earnings.
Termination
Flying World Wide Limited, 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 Flying World Wide Limited service, for any reason at
any time. Such termination will result in the deactivation or deletion of your
Affiliate Account, and the forfeiture and relinquishment of all potential or
accrued referral fees in your Account if they were earned through fraudulent,
illegal, or overly aggressive, questionable sales or marketing methods. Flying
World Wide Limited reserves the right to refuse service to anyone for any
reason at any time. Upon the termination of this Agreement for any reason,
you will immediately cease use of, and remove from your site, all links to the
Flying Papers website and all our images and other materials provided under
the Program
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 Agreement.
Limitations of Liability
The Company and any of the Company's officers, directors, employees,
shareholders or agents of any of them, exclude all liability and responsibility
for any amount or kind of loss or damage that may result to you or a third
party (including without limitation, any direct, indirect, punitive or
consequential loss or damages, or any loss of income, profits, goodwill, data,
contracts, use of money, or loss or damages arising from or connected in any
way to business interruption, and whether in tort (including without limitation
negligence), contract or otherwise) in connection with this Program.
Nothing in this legal notice shall exclude or limit the Company's liability for:
(a) death or personal injury caused by negligence (as such term is defined by
the Unfair Contract Terms Act 1977; or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
If your use of material provided under this Program results in the need for
servicing, repair or correction of equipment, software or data, you assume all
costs thereof. The Company’s maximum aggregate liability under or in
connection with these Terms, or any collateral contract, whether in contract,
tort (including negligence) or otherwise (a “Claim”), shall be limited to a sum
equal to the aggregate amount which we are obliged to pay you in the twelve
(12) month period immediately prior to the period giving rise to such Claim.
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 in Hong Kong. Arbitration under this agreement shall be
conducted under the rules then prevailing of the Hong Kong Arbitration
Association. The arbitrator's award shall be binding and may be entered as a
judgment in any court of competent jurisdiction. To the fullest extent permitted
by applicable law, no arbitration under this Agreement shall be joined to an
arbitration involving any other party subject to this Agreement, whether
through class arbitration proceedings or otherwise.
Notice
All notices given by you to us must be given to Flying World Wide Limited.
at info@flyingpapers.com. We may give notice to you at the e-mail address
you provided to us when registering. Notice will be deemed received and
properly served 24 hours after an e-mail is sent. In proving the service of any
notice, it will be sufficient to prove in the case of an e-mail, that such e-mail
was sent to the specified e-mail address of the addressee.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in
performance of, any of our obligations hereunder that is caused by events
outside our reasonable control (a “Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or
accident beyond our reasonable control and includes in particular (without
limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack,
war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other
natural disaster;
(d) impossibility of the use of public or private telecommunications networks;
(e) the acts, decrees, legislation, regulations or restrictions of any government.
Our performance is deemed to be suspended for the period that the Force
Majeure Event continues, and we will have an extension of time for
performance for the duration of that period. We will use our reasonable
endeavors to bring the Force Majeure Event to a close or to find a solution by
which our obligations under these Terms may be performed despite the Force
Majeure Event.
Waiver
If we fail, at any time to insist upon strict performance of any of your
obligations under these Terms, or if we fail to exercise any of the rights or
remedies to which we are entitled hereunder, this shall not constitute a waiver
of such rights or remedies and shall not relieve you from compliance with such
obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent
default.
No waiver by us of any of these Terms shall be effective unless it is expressly
stated to be a waiver and is communicated to you in writing.
Severability
If any of these Terms are determined by any competent authority to be invalid,
unlawful or unenforceable to any extent, such term, condition or provision will
to that extent be severed from the remaining terms, conditions and provisions
which will continue to be valid to the fullest extent permitted by law.
Entire agreement
These Terms and any document expressly referred to in it represents the
entire agreement between us in relation to the use of the Program and
supersedes any prior agreement, understanding or arrangement between us,
whether oral or in writing.
We each acknowledge that, in entering into these Terms, neither of us has
relied on any representation, undertaking or promise given by the other or be
implied from anything said or written in negotiations between us prior to
entering into these Terms except as expressly stated herein.
Neither of us shall have any remedy in respect of any untrue statement made
by the other, whether orally or in writing, prior to the date we entered into
these Terms (unless such untrue statement was made fraudulently) and the
other party's only remedy shall be for breach of contract as provided in these
Terms.
Governing law and jurisdiction
This legal notice shall be governed by and construed in accordance with Hong
Kong law. Disputes arising in connection with this legal notice shall be subject
to the exclusive jurisdiction of the Hong Kong’s Courts.