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A brief note about the requirements for becoming a Gold Partner

It is vital that this site maintains the highest levels of trust with the public. It is therefore a requirement if you're applying to be a Gold Partner that you will provide the contact email addresses of every claimant within each category of insurance you have signed up for. This is to ensure a credible and complete assessment of the claims process and that we can independently contact all claimants on the conclusion of a claim to offer them the opportunity to provide their feedback.

Terms and Conditions - Distributors & Advertisers

1. Definitions

Campaign(s): the insertion of Listings on the Website on a CPC (cost per click), CPA (cost per action) or CPM (cost per 1000 impressions) pricing model for the duration and as specified in the Placement Order.

Click Through: the user (not via an automated process) clicking from the Website using the tracking url provided for the Campaign.

Company (We or Us): Avonbird Ltd.

Distributor (You): the person or legal entitiy identified in the Placement Order desiring a Listing on the Website.

Listing: an advertisement to be placed on the Website as specified in the Placement Order.

Placement Order: means the Placement Order agreed between the Distributor and the Company in relation to the Campaign.

Prescribed Form: the form as determined by the Company that all agreed variations must comply with so as to be binding.

Sales: the user completing a Click Through or other interaction with the Website in accordance with the Campaign.

Website: the website(s) as detailed in the Placement Order together with any replacement url's during the term of the Placement Order.

2. Distributor's Warranties

2.1 The Distributor warrants that:-

2.1.1 in relation to these Terms the Distributor contracts with the Company as a principal notwithstanding that the Distributor may be acting directly or indirectly for the Distributor as an agent or in some other representative capacity and that it has the authority to publish the Listing on the Website;

2.1.2 it has the right to publish all of the contents of the Listing and can grant the Company such right, and that the reproduction and/or publication of the Listing by the Company as submitted will not breach any contract or infringe or violate any copyright, trademark or any other personal or proprietary right of any person or render the Company liable to any proceedings whatsoever;

2.1.3 any information supplied in connection with the Listing is accurate, complete and does not contain anything which is defamatory, obscene, false or misleading;

2.1.4 in respect of any Listing submitted for publication which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or can be identified the Distributor has obtained the authority of such living person to make use of such name, representation and/or copy;

2.1.5 in relation to any content, narrative or description provided for a Listing the Distributor is, or the Listings contents have been approved by, an 'authorised person' within the meaning of the Financial Services legislation of the originating country of the Listing, or is otherwise permitted under such relevant legislation;

2.1.6 each Listing complies with the requirements of all relevant legislation (including subordinate legislation, the rules of statutorily recognised regulatory authorities and the legislation of the European Union) for the time being in force or applicable in the United Kingdom or in any other territory where the Listing is to be shown and directed to the residents of that territory. The Distributor accepts responsibility for notifying the Company of any restrictions which should be placed on the display of the Listing in any territories;

2.1.7 all content, narrative, descriptions or advertising copy submitted to the Company is legal, decent, honest and truthful and complies with the Code of Advertising Practice and all other relevant codes under the general supervision of the Advertising Standards Agency in respect of online advertising and all other relevant industry codes of practice including such other codes as may apply to advertising in such other territories where the Listing is to be shown and directed to residents of that territory;

2.1.8 no hypertext link from any Listing to the Distributor's Website will render the Company liable to any proceedings whatsoever and the Company will be promptly advised of any changes which would affect the functioning of the link and all necessary steps will be taken to correct any malfunction of any such hypertext link; and

2.1.9 any hypertext link from any Listing to the Distributor's website will not affect any user of the Website's ability to click on the back button on the browser back to the Website.

3. Indemnity

The Distributor agrees promptly and fully to indemnify and keep indemnified and hold harmless the Company against any and all expenses, damages, liability, claims and losses of any kind (including reasonable legal fees and costs) incurred by the Company in connection with any claims actual or threatened, of any kind (including, without limitation, any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, breach of any statutory or regulatory duty, false or misleading advertising or sales practices) arising from an Listing and/or any material of the Distributor or otherwise to which users can link through an Listing or as a result of any breach or non-performance of any of the representations, warranties or other terms contained in these Terms or implied by law and the indemnity may, without limitation, be claimed as a debt or liquidated demand.

4. The Company's Rights

4.1 the Company reserves the right to reject or remove the Listing or require the Listing to be amended if it is deemed inappropriate by the Company or if it does not comply with the Terms or any applicable laws or regulations.

4.2 the Company reserves the right to exclude access to the Website to persons accessing the Website from a country where the displaying of the Website may be unlawful.

4.3 the Company reserves the right to review, update and amend its Terms as and when it sees fit and the Distributor confirms that they are aware that the Company's Terms are available to view on the Website and their continued use of service constitutes acceptance of any variation to the Terms.

5. Payment

5.1 the Company will invoice the Distributor in accordance with the prices set out in the Placement Order for the publishing of the Listing including VAT (where applicable).

5.2 The Distributor must pay the invoiced amounts to the Company in pounds sterling (by cheque or electronic transfer) within 30 days of the date of the invoice. If payment is not received by the due date the Company reserves the right to charge interest at a rate of 2% above the base rate for the time being of Barclays Bank Plc on the unpaid balance (such interest to accrue on a day to day basis from the due date until receipt by the Company of the full amount whether before or after judgment).

5.3 the Company reserves the right to suspend the Listing until such time as payment is made in full.

5.4 All payments due to the Company under the Placement Order shall be collected in full without any set off, deduction or deferment of any nature.

5.5 If payment is not received by the due date the Distributor will be responsible for all reasonably incurred expenses (including legal and agency costs) in collection of the outstanding sums.

6. Licence

the Company is hereby granted by the Distributor a worldwide non-exclusive, fully paid licence to reproduce and display each Listing (including all contents, names, trademarks, logos and brand features contained therein) in accordance with the provisions of these Terms.

7. The Listing and Campaign

7.1 Except as otherwise expressly provided for in the Placement Order the positioning of the Listing on the Website is at the discretion of the Company and unless otherwise stated in the Placement Order the Company will not be prohibited from also publishing advertisements for any product or business competitive to the product or business of the Distributor.

7.2 the Company shall be entitled and the Distributor grants an express right to the Company to reproduce any part of the Website containing all or part of the Listing on any promotional or advertising material promoting or advertising the Website.

7.3 The Distributor will provide all materials for the publishing of the Listing on the Website as set out in the Placement Order (including unique tracking url's) and in accordance with any instructions, technical requirements or other specifications of the Company from time to time, including (without limitation) the manner of transmission to the Company and the lead time prior to publication of the Ad. the Company will not be required to publish any Listing that has not been received in accordance with any such instructions or requirements. the Company will not be liable for the loss or corruption of any materials provided by the Distributor.

7.4 In relation to a CPA Campaign, the Distributor will notify the Company by the 10th of each month of the number of Sales.

7.5 The Distributor will accept Click Through statistics provided by the Company in relation to the Campaign as valid unless there is a differential of 10% or more in the Company's figures and the figures provided by the Distributor, and in such cases the Distributor will provide the Company with access to their records so that the Company can attempt to reconcile any discrepancy.

7.6 In the event that the supplied tracking url fails to correctly track a user and any Sales then the Company would calculate the average Click Through value generated when Sales were correctly tracked for a period of up to 30 days and apply this commission value to the clicks over the period when the tracking failed. If no Sales are available due to the failure of the tracking url then the commission due would be the average click value generated for that type of product on the Website which would then be applied to the clicks over the period when the tracking failed.

7.7 In relation to a CPA Campaign, if any budget restrictions are put in place in relation to a Campaign then it is the responsibility of the Distributor to notify the Company in writing when any budgets have been reached. The Distributor will continue to pay the Company in accordance with the Placement Order for any Sales until such time as the Company receives written notice in accordance with this clause.

8. Limitation of Liability

8.1 The Distributor acknowledges at any Website on which the Listing is displayed is provided on an 'as is' and 'as available' basis without any representation or endorsement. the Company or its employees make no warranties of any kind, whether express or implied, in relation to such Website including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade or that the Website will meet any requirements or will be uninterrupted, timely, secure or error free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs or are fully functional, accurate, or reliable.

8.2 If the Company fails to publish the Listing (or in the event of any other failure of such Listing to appear as provided for in the Placement Order), the Company's liability will be limited (at the option of the Company) to either:-

8.2.1 publishing the Listing (or a replacement Listing if provided by the Distributor) as soon as is reasonably practicable following the period during which the Listing was scheduled to run; or

8.2.2 refunding to the Distributor that proportion of the amounts paid which relate to the Listing which were not provided, or if the relevant amounts were not paid by the Distributor, agree that such amounts will not be due or payable.

8.3 If the Campaign fails to provide the Sales as set out in the Placement Order the Company will (by agreement with the Distributor) either:-

8.3.1 invoice the Distributor on a pro rata basis for the relevant number of Sales delivered; or

8.3.2 extend the period of the Campaign in order to reach the targeted number of Sales.

8.4 the Company will not be responsible for any indirect, incidental, consequential, special or economic loss of any kind including without limitation loss of profits, business, contracts, revenues, goodwill, production or anticipated savings arising out of or in connection with the publishing of the Listing on the Website, any failure to publish the Listing in a timely manner or at all in accordance with the provisions of the Placement Order or these Terms or any other breach by the Company of the Placement Order or these Terms.

8.5 In the event of any inconsistency between the Placement Order and these Terms, these Terms will prevail.

8.6 Nothing in these Terms shall exclude or limit the Company's liability for death or personal injury resulting from its negligence or that of its servants, agents or employees.

9. Entire agreement

9.1 These Terms together with the Placement Order constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the subject matter of these Terms and will apply to this Campaign and future Campaigns between the Company and the Distributor. The contract will come in to being only at the point of the Company sending to the Distributor a written acknowledgement that the Placement Order has been signed by both parties. Subject to any agreed variation under Clause 9.3, these Terms form part of the contract to the exclusion of all other terms and conditions (including any terms or conditions which the Distributor purports to apply under any purchase order, confirmation of order, specification or other document).

9.2 The parties agree that neither of them have been induced to enter into these Terms or the Placement Order in reliance upon any warranty, representation, statement, agreement or undertaking of any kind (whether negligently or innocently made) of any person other than as expressly set out in these Terms as a warranty. The only remedy available to the parties for breach of the warranties shall be for breach of contract under these Terms and the parties unconditionally and irrevocably waive any other claims, rights or remedies that may otherwise be available. Nothing in this clause shall however, operate to limit or exclude any liability for fraud.

9.3 No variation of these Terms or of the Placement Order shall be valid unless it is in accordance with our Prescribed Form.

10. Termination

10.1 the Company reserve the right to terminate these Terms, wholly at their discretion at any time without any liability whatsoever if the Distributor:-

10.1.1 is in material breach of these Terms or the Distributor's conduct is such that it is harmful to the Company or its clients;

10.1.2 becomes insolvent, has any distress, execution or other process levied or enforced on their assets, has a receiver or administrator appointed or enters into voluntary or other arrangements with its creditors, or ceases or threatens to cease to carry on business or becomes unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986.

10.2 The Distributor may terminate these Terms by providing the Company with 7 days written notice at any time provided that the Distributor reimburses the Company for any costs incurred up to and including the date of termination.

10.3 Termination of these Terms will be without prejudice to any rights of a party accrued before termination.

11. No Assignment

The Distributor may not resell, assign, transfer, encumber or otherwise dispose of or subcontract any of its rights or obligations hereunder and any attempt to do so will entitle the Company to terminate this agreement and any arrangements contemplated hereby immediately without liability on the part of the Company.

12. Confidentiality

In addition to the terms of any prior confidentiality or non-disclosure agreement entered into between the parties (which shall continue in force) the parties agree to keep the terms of the Placement Order and these Terms and any information (written, oral or in any other form) which is of a confidential nature concerning the business and affairs of the other party or their clients, officers or employees obtained hereunder strictly confidential during as well as after the term of this agreement and will not make any public statement regarding such terms and information except with the prior written consent of the other (such consent not to be unreasonably withheld or delayed). This obligation shall not apply to any information which is in the public domain otherwise than as a result of a breach of this clause, which is required to be disclosed by law or any regulatory or governmental body or which is provided to either party free of any obligations of confidence.

13. No Partnership

Nothing herein shall or shall be deemed to create any partnership or joint venture between the parties hereto.

14. Waiver & Severance

14.1 The failure of either party to enforce or exercise at any time or for any period any term or any right pursuant to these Terms shall not be construed as a waiver of any such term or right and shall in no way affect that party's right later to enforce or exercise it.

14.2 If any provision of these Terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable then such invalidity or unenforceability shall not affect the other provisions of these Terms which shall remain in full force and effect. The parties agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable provision.

15. Force Majeure

Neither the Distributor nor the Company shall be in breach of these Terms or under any liability for any delay, loss, or damage caused wholly or in part by any act of God, governmental restriction, fire, flood, power failure, condition or control breakdown, malfunction in any telecommunication system computer service, link failures, power difficulties, telephone outages, network overload, default or failure of a third party, or by any other act, matter, or thing beyond its reasonable control.

16. Governing Law and Jurisdiction

These Terms and the Placement Order will be governed by and construed in accordance with the laws of England, and the parties submit to the exclusive jurisdiction of the English Courts.