The FIRST online swimming club management software!

SwimClub Manager Affiliate Scheme

Thank you for your interest in joining our affiliate program. An affiliate is a person who promotes our system via their own website.

Affiliates earn a one off commission for each swimming club that becomes a "paying member" after their 30 day trial.

How do you sign up? Simply read the following Terms & Conditions, and if you agree to them, click the "I Accept" button at the bottom.

Affiliate Terms & Conditions

This Agreement contains the complete terms and conditions that apply to an individual or company's participation in the SwimClubManager.co.uk Affiliate Referral Program (the "Program"). As used in this Agreement, "Company" means SwimClubManager.co.uk, Incorporated and "Affiliate" means the individual and/or company indicated in the registration form which by reference is made as part of this agreement.

Participation

To participate in the Company Program, the Affiliate registration form must be completed and submitted to Company. All applicants, once approved, are immediately eligible to participate in the Program however such participation is subject to ongoing, periodic review by Company and may be revoked at anytime without notice. Participation may be suspended or terminated if we determine (at our sole discretion) that your site is unsuitable for the Program. Unsuitable sites include those that:

This agreement shall apply only to Affiliate owned and managed web sites as indicated in the registration form. Under no circumstances may Affiliate Referral links be placed on sites not registered with Company.

Creating the Affiliate Link

Once you have completed the online application you will be presented with a set of guidelines and graphical artwork to use in linking to the Company website. To permit accurate tracking, reporting, and affiliate referral fee accrual, we will provide you with a special link format which includes your Affiliate ID number to be used in all links between your site and our Company website. You must ensure that each of the links between your site and our site properly utilizes the exact link format and affiliate ID in order to obtain credit for any sales resulting from visitors coming to the Company website from your link.

The Program will capture the Affiliate's ID and the linking websites URL. The URL must match the registered URL in the Affiliates Program account in order to be eligible for credit for purchases made by visitors entering the Company web site from the Affiliate's Affiliate link. You will only earn referral fees with sales on our site occurring directly through your Affiliate link. Company will not be liable to you with respect to any failure by you to correctly configure the Affiliate link, by any failure resulting from issues of internet connectivity, customer behaviour, web site or application failure on your server or our server or any other such action which may result in your affiliate referral not being credited for a sale including to the extent that such failure may result in any reduction of amounts which would otherwise be paid to you pursuant to this Agreement.

Referral Fees

Company will pay approved Affiliates referral fees on SwimClub Manager subscription fees to third parties.

In addition, you may not: (a) directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money (including any rebate), or granting of any discount or other benefit) for using Company Affiliate Links on your site to access our site (e.g., by implementing any "rewards" program for persons or entities who use Company Affiliate Links on your site to access our site); or (b) post any Company Affiliate Links on any Web site or other platform that is accessible through any Internet Access Appliance. If we determine, in our sole discretion, that you have offered any person or entity any such consideration or incentive, or posted Company Affiliate Links on any such Web site or platform, we may (without limiting any other rights or remedies available to us) withhold any referral fees otherwise payable to you under this Agreement and/or terminate this Agreement.

Referral Fee Schedule

You will earn referral fees based on qualifying revenues according to referral fee schedules to be established by us. "qualifying revenues" are revenues derived by us from our sales of SwimClub subscription fees. The current referral fee schedule is 10% before VAT is applied.

Payment of Referral Commissions

Company will review all Affiliate Referral accounts approximately once each month. Payment will be by PayPal for the referral fees earned on our sales of SwimClub subscriptions that were purchased during the previous month, less any taxes that we are required by law to withhold.

Identifying Yourself as a Company Affiliate

We will make available to you a small graphic image that identifies your site as a Program participant. You may display this logo or the phrase "SwimClub Manager Affiliate" somewhere on your site. We may modify the text or graphic image of this notice from time to time. You may not make any press release with respect to this Agreement or your participation in the Program without our prior written consent, which may be given or withheld in our sole discretion. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that Company supports, sponsors, endorses or contributes money to any charity or other cause).

Limited License

We grant you a nonexclusive, revocable right to use the graphic image and text described above and such other images for which we grant express permission, solely for the purpose of identifying your site as a Company Program participant and to assist in generating sales. You may not modify the graphic image or text, or any other of our images, in any way. We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights. We may revoke your license at any time by giving you written notice.

Responsibility for Your Site

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

Liability

We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, solicitors' fees) relating to the development, operation, maintenance, and contents of your site.

Term of the Agreement

The term of this Agreement will begin upon our acceptance of your 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 written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our site, and all Company trademarks, trade dress and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are only eligible to earn referral fees on our sales of Qualifying Products occurring during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

Modification

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

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 Section.

Limitation of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make representation that the operation of our site will not be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Miscellaneous

This Agreement will be governed by the laws of the United Kingdom, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the courts located in the UK and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.