5BillionSales.com Affiliate Program Terms and Conditions
Last updated: 29th Sep 2021
The purpose of the 5BillionSales.com Pre Launch Program is to reward Affiliates for building a newtork in advance of launch.
This Agreement contains the basic terms and conditions that apply to your participation as a member of the 5BillionSales.com Pre Launch Program. This Agreement constitutes the entire agreement between 5BillionSales.com and the Affiliate during pre launch. This Agreement will be updated on launch and Affiliates will be notified of changes.
“this Agreement” shall mean the contents of the contract between 5BillionSales.com and the Affiliate in respect of the Pre Launch Program.
“5BillionSales.com” shall mean 5BillionSales.com, 20-22 Wenlock Rd, London N1 7GU.
‘the Site’ shall mean the 5BillionSales.com web site.
‘the Program’ shall mean the affiliate Program as set out on the Site and that is governed by this Agreement.
‘the Link’ shall mean the HTML link provided from time to time by 5BillionSales.com to link the Affiliate’s visitors to the Site.
‘the Affiliate’ shall mean the party who agrees to take part in the pre launch Program.
'the Referral' shall mean people introduced to the Pre Launch Program using a valid Affiliate Link.
2. The Pre Launch Program
2.1) The Program shall be the affiliate programme as set out on the Site from time to time.
2.2) 5BillionSales.com is entitled to vary, amend or cancel the Pre Launch Programme without giving notice to the Affiliate. 5BillionSales.com may make any such change by publishing any revised terms on the Site.
2.3) The Program is expressly a business-to-business relationship and both 5BillionSales.com and the Affiliate enter into it in a business capacity and not as a consumer.
2.4) The Program does not entitle the Affiliate to represent themselves as an agent, partner or any other form of associate of 5BillionSales.com other than as an Affiliate as expressly provided for in this Agreement.
2.5) The Affiliate can use the Pre Launch Program to create and build a network of Affiliates in 16 levels.
2.6) 5BillionSales.com will migrate the Affiliate's network to the launched Site.
3.1) In order to build a network of affiliates during the Pre Launch Program, the Affiliate must engage in proper advertising. Affiliates found to be engaging in improper advertising shall have their agreement terminated and their affiliate status revoked. 5BillionSales.com shall be the sole and absolute arbiter of what constitutes proper advertising.
3.2) Affiliates are not permitted to use Unsolicited Commercial Email (UCE) or SPAM.
3.3) Any Affiliate found to be in breach of term 3.2 shall be deemed to have been in breach of this Agreement and shall have their Affiliate status revoked. Such an Affiliate will therefore immediately cease in being an Affiliate of 5BillionSales.com.
4.1) Once a referral has arrived at the Site having followed the Affiliate's Link, their actions on the Site will be tracked by a cookie until they join their network. 5BillionSales.com will not be responsible for referrals missed due to the cookie being deleted or blocked or in any other way failing to track the customer from the Link.
4.2) Referrals added to the Affiliate's network during Pre Launch do not earn the Affiliate overrides until launch of the Site.
4.3) The affiliate can earn commission from their own sales after launch.
4.4) The Affiliate can earn overrides from the activity of their network after launch.
4.5) The Affiliate can only refer into one level below them. Each level can refer into their next level and earn overrides from a maximum of 16 levels after launch of the Site.
5. Commission and Overrides
5.1) Commissions are earned by Affiliates for their own sales. Commissions can only be earned after launch of the Site.
5.2) Overrides are earned by Affiliates for the sales generated by their downline of 16 levels. Overrides can only be earned after launch of the Site.
6.1) This Agreement will be modified on Site launch, but the Agreement will not deviate from the obligation to recognize the Affiliate's network and honor commission and overrides generated on the Site to their respective Affiliate.
7. Limitation of Liability
7.1) 5BillionSales shall not be liable to the Affiliate or to any other person, for indirect, incidental, or special damages, lost profits, loss of goodwill, lost savings, or any other form of consequential damages, regardless of the form of action, even if 5BillionSales.com has been advised of the possibility of such damages, whether resulting from breach of its obligations under this Agreement or otherwise.
7.2) 5BillionSales.com makes no warranties, either express or implied, concerning the performance or functionality of the 5BillionSales.com services, or the Program as a whole. This includes but is not limited to the Link or any other affiliate advertisements and hereby expressly disclaims all implied warranties, including warranties of merchantability or fitness for a particular use or purpose.
7.3) 5BillionSales.com shall under no circumstances be liable to the Affiliate or to any other person or entity for any loss, injury, or damage, of whatever kind, resulting from or arising out of any mistakes, errors, omissions, delays, or interruptions in the receipt, transmission, or storage of any messages or information arising out of or in connection with the Program or 5BillionSales.com.
8. Governing Law
8.1) This Agreement is governed by, and is construed in accordance with the laws of England and Wales.
8.2) The Courts of England and Wales shall have jurisdiction to hear any disputes arising from this Agreement.
8.3) 5BillionSales.com shall not be liable for the legality of 5BillionSales.com service in countries other than the United Kingdom.
8.4) Affiliates are solely responsible for the legality of the use of the service if the Affiliate in question is registered to 5BillionSales.com service from a country other than the United Kingdom or if the Affiliate’s website is on a server in a country other than the United Kingdom.
9.1) By registering as an Affiliate, the Affiliate acknowledges that they have read the terms and conditions of this Agreement, understand them and agree to be bound by them.