Affiliate Program Terms & Conditions
This Affiliate Service Agreement (the "Agreement") is made by and between Lorna McCormack , and you, as an Affiliate utilising the Lorna McCormack Service powered by Samcart. You must agree to abide by the terms and conditions contained in this Agreement in order to participate. Please read this Agreement carefully before registering and using the Service as an Affiliate. By signing up as an Affiliate you indicate your acceptance of this Agreement and its terms and conditions. If you do not accept this Agreement, do not use the Lorna McCormack affiliate service. Failure to abide by these rules could mean termination from our service, with a complete forfeit of commissions.
Lorna McCormack respects the privacy of users and will not disclose personal information to third parties without the express permission of you and your company.
"Performance Marketing" occurs when individuals or websites that generate their own traffic ("Affiliates") partner with Lorna McCormack which pays a commission or other reward for those Visitors which result in the sale of a program.
"Affiliate" means an individual or business generating their own traffic and thus rewarded for legitimate sales. Affiliates use Lorna McCormack ’s Affiliate Service powered by Samcart.com to gain tracking, reporting, and receipt of commission payment.
"Visitor" means any person, or user that clicks on a Link to Lorna McCormack ’s website placed on an Affiliate's website. No payout shall occur for a Visitor unless it becomes a Sale.
"Sale Commission" means a Payout. Lorna McCormack agrees to pay for Visitors referred to our website that results in the sale of a program. The sale could occur at the time of the visit or at a later time not to exceed 365 days. If a sale occurs after 365 days and the Visitor has not returned through an authorised Affiliate's site, then no Payout shall occur.
"Leads" means Visitors referred to our site that results in the Visitor signing up for any of the free gifts available (free course, blog downloads or webinars). A Lead will be credited to an affiliate at the time of the visit or at a later time not to exceed 365 days. No payout shall occur for a Lead unless it becomes a Sale.
"Click Commission" means a Payout that results in a merchant's website being viewable to the Visitor. A click is deemed valid when it meets certain criteria as defined on the website. Lorna McCormack does not offer Click Commission.
"Payout" means the amount of Sale Commission we agree to pay for an individual measurable action. The Payout is defined as a percentage of a total sale amount.
"Commission" means the amount of Sale Commission Lorna McCormack agrees to pay for an individual measurable action. The Payout is defined as a percentage of a total sale amount.
"Link" means a hyperlink placed on an Affiliate's site that, when clicked on, sends a Visitor through to Lorna McCormack via redirection at Samcart.com. Links take many forms including text, a product image, buttons, banners, videos or any other format acceptable to Lorna McCormack .
"Void" means a reversal of a Payout previously earned for a sale, lead, or click that is later rescinded or corrected by us. Lorna McCormack may void transactions that are fraudulent, rescinded by a Visitor or for other valid reasons.
"Your Account" means a specific account within the Service, where Commissions are credited.
Lorna McCormack has developed and operates a service (the "Service") which allows Affiliates to participate in our Performance Marketing programme.
As an Affiliate of the Service, you may place and remove links on your site and in acceptable locations.
You may place our Links anywhere on your site as you see fit, in newsletters or within non-spam emails or within other web related content.
Adult, Hate, or other related sites are not allowed.
You cannot spam. We will terminate your account on the first offence of spamming. Do not send email to lists or groups that you do not have permission to send to.
Affiliate accounts that are left inactive will be removed from our system. Lorna McCormack will attempt to pay any balance for 3 consecutive months and after that the account will be closed and all commissions forfeited. At no time will an affiliate ever owe monies to Lorna McCormack - the account will simply be closed. An abandoned affiliate account is defined as any account that has not been logged in to for a period of 6 months, nor have any transactions been posted to that account. If one or the other of those conditions are true - the account will remain in an active state.
Not allowed: All other uses of banners or links, such as newsgroups, chat rooms, ICQ, message boards, banner networks, hit farms, counters, or guestbooks etc. are not allowed.
Not allowed: Any placement of creative in a "Desktop" advertising scheme. This includes any and all 3rd party advertising platforms that use a desktop application to display ads in any form.
Not allowed: Any display of a merchant window that isn't the result of a direct click by the end-user.
All statistics are collected and calculated by Samcart.com, and will be the only valid statistics used for determining commissions. You will receive a Commission for sending authorised sales via your Links. Commission will not be paid for leads or clicks. You understand that the Payout amount may be changed at any time. You are responsible for determining if the Payout for a Link you have placed on your site has changed or been discontinued. Affiliates shall be paid via PayPal. Payments shall be made 30 days after the end of the calendar month in which a program was purchased. Money credited to Your Account does not accrue interest. In the event of a void Lorna McCormack may recover from you the corresponding Commission previously credited to your account. The void Commission will be immediately deducted from your account balance. In the event that your account balance is less than the void Commission, the void Commission will be deducted against your future earnings. You will never be asked to send money to Lorna McCormack
Lorna McCormack will provide support for the Service as indicated on the Lorna McCormack website.
Lorna McCormack reserves the right to send e-mail to you for the purposes of informing you of applicable changes or additions to the Service or any Lorna McCormack related products and services.
Changes to the Service
Lorna McCormack reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Service at any time. Such modification shall be effective upon its posting on the Site. You agree to be bound by any modification to this Agreement when you use the Service after any such modification is posted; it is therefore important that you review this Agreement regularly.
To sign up as an Affiliate of Lorna McCormack and to use the Service as an Affiliate Partner you must be at least 18 (eighteen) years of age. The following types of sites are not allowed to participate in the Lorna McCormack Affiliate Program: Adult sites; sites that display adult banners; sites that promote violence, bigotry or hatred; sites that promote illegal activity including but not limited to warez, cracking and hacking sites. As part of the registration process, you will select a username and password combination that you use to access your affiliate area (dashboard) within the Service. You shall provide Lorna McCormack with accurate, complete and updated registration information. You may not select the name of another person with the intent to impersonate that person or deceive members or other users as to your true identity. You agree that Lorna McCormack may rely on any data, notice, instruction or request furnished to Lorna McCormack by you which is reasonably believed by Lorna McCormack to be genuine and to have been sent or presented by a person reasonably believed by Lorna McCormack to be authorised to act on your behalf. You shall notify Lorna McCormack by e-mail at firstname.lastname@example.org of any known or suspected unauthorised uses of your Account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your username and password. You shall be responsible for maintaining the confidentiality of your username and password and you are responsible for all usage and activity on your Account, including use of the account by a third party authorised by you to use your Account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by Lorna McCormack and referral to the appropriate law enforcement agencies. Fraud is a serious offence, and will be treated as such. Fraud is defined as any action that intentionally attempts to create sales, leads, or click-throughs using robots, frames, iframes, scripts, or manually "refreshing" of pages, for the sole purpose of creating commissions. Any attempted fraud or fraud will result in membership termination and voided commissions.
The Service, its operation, its use and the results of such use shall be performed in a workmanlike manner. To the fullest extent permissible pursuant to applicable law, Lorna McCormack disclaims all warranties express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, in relation to the service, its use and the results of such use. Without limiting the foregoing, Lorna McCormack specifically disclaims any warrant (a) that the service will be uninterrupted or error-free, (b) that defects will be corrected, (c) that there are no viruses or other harmful components, (d) that the security methods employed will be sufficient, or (e) regarding correctness, accuracy, or reliability. Applicable law may not allow the exclusion of implied warranties so the above exclusion may not apply to you. We will make reasonable commercial efforts to keep our transaction service operational during normal business hours. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Affiliate understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold the Merchant liable for any of the consequences of such interruptions. Lorna McCormack shall have no liability for unauthorised access to, or alteration, theft or destruction of any website of affiliate or affiliate customer date files or systems or programs through accident, fraudulent means or devices. Lorna McCormack shall have no liability with respect to merchant obligations hereunder or otherwise for consequential, exemplary, special, incidental or punitive damages even if we have been notified of such damages. Any liability of Lorna McCormack hereunder shall be limited to the revenue earned by Lorna McCormack as a direct result of this agreement.
Limitation of Liability
Lorna McCormack or its suppliers or resellers shall not be liable to you or any other person for (a) any indirect, special, incidental or consequential damages of any character arising out of the use of or inability to use the Service or any information provided on the Lorna McCormack website or any other hyperlinked website, including, without limitation, damages for loss of goodwill, any lost profits, business interruption, loss of programmes or other data, eve in Lorna McCormack or a Lorna McCormack authorised representative has been advised of the possibility of such damages or (b) any claim attributable to errors, omissions or other inaccuracies in the website or any hyperlinked website. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the above exclusion may not apply to you. In such jurisdictions, Lorna McCormack’s liability is limited to the smallest amount permitted by law. This paragraph will survive the failure of any exclusive or limited remedy. You agree that Lorna McCormack , although the provider of the Service, has no responsibility or liability as a result of your placement of authorised Links from your website, and you agree to indemnify, defend, and hold harmless Lorna McCormack and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.
Lorna McCormack acknowledges that in the course of this Agreement it shall have access to confidential and proprietary information ("Confidential Information") of you or your company. Lorna McCormack agrees not to disclose or disseminate the Confidential Information without Your prior express written consent. The term "Confidential Information" shall not include information that is or becomes part of the public domain through no action or omission of Lorna McCormack, that becomes available to Lorna McCormack from third parties without knowledge by Lorna McCormack of any breach of fiduciary duty, or that Lorna McCormack had in its possession prior to the date of this Agreement. Any information we receive is used solely for tracking and Commission payment purposes. Lorna McCormack reserves the right to be able to utilise this data in aggregate to analyse Service trends, monitor Service efficiencies, and perform such other analysis as Lorna McCormack deems appropriate.
Ownership & Licences
You, the Affiliate, are granted a non-exclusive, limited, revocable right to use Lorna McCormack provided trademarks and banners. All images, technology and content provided for your use is and shall remain the sole property of Lorna McCormack , and no part thereof shall be deemed assigned or licensed to you except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, tradenames and service marks related to the foregoing shall remain Lorna McCormack ’s sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to you in any way. Lorna McCormack may immediately terminate your license to use the marks if we reasonably believe that such use dilutes, tarnishes or blurs the value of their marks. You acknowledge that your use of the marks will not create in you, nor will you represent that you have, any right, title or interest in or to the marks other than the license granted by the Merchant above. You will not challenge the validity of or attempt to register any of the marks or your interest therein as a licensee, nor will you adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge Lorna McCormack ’s ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of Lorna McCormack .
Lorna McCormack makes no representations whatsoever about any other website which you may access through the Service. In addition, a link to a non Lorna McCormack website does not mean that Lorna McCormack endorses or accepts any responsibility for the content or the use of such website.
Affiliate or Lorna McCormack may assign this Agreement to any successor or affiliate upon notice to the other party and mutual agreement between both parties.
Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
These terms and conditions shall be governed and interpreted in accordance with the laws of Ireland, and you consent to the non-exclusive jurisdiction of the courts of Ireland. This Site and the Company are located in Ireland and in case of any international Affiliates, this Agreement shall be construed as being performed in Ireland.
This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. The acceptance of any purchase order placed by you is expressly made conditional on your assent to the terms set forth herein and not those in your purchase order. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.