• "Affiliate" refers to persons or companies using the services of Xperience Days. Xperience Days grant affiliates a revocable, non-exclusive, royalty-free license for the duration of the term of this Agreement, solely for purposes of facilitating sales from affiliate websites. We reserve all of our rights in the logo, any other images, our trade names and trademarks, and all other intellectual property rights.
• Affiliates (hereafter "affiliate", "affiliates", "you") may use their websites in order to earn commission from sales.
• Neither Xperience Days nor its owners, Xperience Days, associates or partners are responsible for:
  • any loss, injury or damage, whether physical, financial or of any other nature, arising from the use of information contained in this site.
  • the actions of any person registered on this site.
  • the content of external internet sites
    
    

Nothing in these terms or conditions makes affiliates the partner, agent, distributor or employee of Xperience Days. Affiliates are not authorized to make any representations concerning Xperience Days' services and Xperience Days will not be bound by any representations made by affiliates or liable for any false or misleading information given to anyone by affiliates.

Affiliates must take reasonable precautions to keep their password and login private and must notify Xperience Days immediately if they suspect that an unauthorized person may have access to this information.

Affiliates must be aged 18 or over.

Xperience Days reserves the right to withhold payment of commission, if in the opinion of Xperience Days, the referral scheme is being used by affiliates or someone associated with affiliates for improper and/or fraudulent purposes or if affiliates fail to comply with any affiliates' obligations under this agreement.

Misconduct
Affiliates may not promote the Xperience Days logo or Xperience Days brand in an unlawful, untruthful or offensive manner. All affiliate promotions must be legal, ethical and responsible. In the event of SPAM (unsolicited commercial email) Xperience Days reserve the right to close the affiliate account.

Policies and Pricing
For the avoidance of doubt, customers who buy Products through affiliates will be customers of Xperience Days. Accordingly, all Xperience Days rules, policies and operating procedures concerning customer orders, customer service and Product sales will apply to those customers. Such policies and operating procedures may be changed at any time. For example, Xperience Days will determine the prices to be charged for Products sold under this Program in accordance with its own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that affiliates already have listed on any linking site, affiliates must not include price information in Product descriptions. Xperience Days will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular Product.

Fraud/Cancellations
Affiliates of Xperience Days will be paid commission 3 months after the transaction date except for the following conditions;
Fraudulent transactions, cancellations, returns and never-pays. Transactions made using a stolen credit card are not liable to commissions, and may be subject to a claw-back of any commissions paid on the transaction. In the situation of a claw-back, commission paid is either to be paid back to Xperience Days, or taken from the affiliates next commission payment, at the sole discretion of Xperience Days
All order cancellations and returns are not liable to commission.

Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the commission payments, commission schedules, payment procedures and Affiliates 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.

Term of the Agreement and Termination
Xperience Days may revoke the affiliate's license at any time by giving written notice. Affiliates may terminate this agreement at any time by giving written notice. On termination, all outstanding debts or payments are to be cleared. The term of this Agreement will begin upon our acceptance of your Affiliate 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. You are only eligible to earn commission on sales of Qualifying Products occurring during the term and fees earned up to the date of termination will remain payable only if the related orders are not cancelled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Upon termination of this Agreement, you must promptly return to us, or at our request, destroy any and all of our intellectual or proprietary property, information and/or materials in your possession and, subject to receiving written consent to the contrary from us, remove all hypertext links to our site from your site.

Limitation of Liability
Neither we nor any of our affiliates will 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 or any of our affiliates have been advised of the possibility of such damages. Further, to the fullest extent permitted by law, our and our affiliates' collective 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 at the time the act or omission giving rise to the liability occurred.

Disclaimers
To the fullest extent permitted by law, neither we nor any of our affiliates makes any 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), and the same are hereby excluded. In addition, neither we nor any of our affiliates makes any representation that the operation of our site will be uninterrupted or error-free and none of us will be liable for the consequences of any interruptions or errors.

Contact
Unless you object, we may use information you give us to provide you with information about goods and services offered by us and other organizations with which we have a business relationship. We or they may contact you by email, telephone or other on-line or interactive media.

Force Majeure
Neither party shall be liable for any breach of this Agreement due to any cause beyond its reasonable control including without limitation: Act of God, inclement weather, flood, lightning or fire; industrial action or lockouts; Internet outages, the act or omission of Government, highways authorities or other competent authority; war, military operations or riot; the act or omission of any third party over whom that party has no control.

Waiver
Failure by either party to enforce any of the provisions of this Agreement shall not be construed nor shall be deemed to be a waiver of such party's rights nor prejudice such party's rights to take subsequent action.