This agreement contains the terms and conditions for participants in the 4free.co.uk Associates Programme are as set out below.  The terms “we”, “us” mentioned in this agreement refer to 4free.co.uk and the terms “you” or “your” refer to the applicant.  4free.co.uk is a limited company incorporated in England, registered number 3596558.  This agreement sets out the terms and conditions that we have agreed in order for you to market our services and products through your web site in return for financial remuneration.

Commencement and Term .

This agreement shall commence upon acceptance of your application and will end when terminated by either party.  Either you or us can 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 referral fees on sales of qualifying services and products occurring during the term.  Commission fees earned up to the date of termiantion 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 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.

 Sign up for the programme

You have to submit a complete programme application on our site.  We will then inform you by e-mail if you have been accepted into the programme.  Web sites unsuitable for our programme include those that promote violence, promote sexually explicit materials, promote any form of discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, promote any illegal activities or violate any intellectual property rights.  You may re-apply for the programme if you are turned down for any reason at anytime in the future.

1. Your obligations

1. You agree that you will observe and comply with the terms of this agreement

2. You must identify yourself as a 4free associate. We have made available graphics and logos that identify your site as a programme participant. You must display one or more logos or banners somewhere on your web site. To receive payments and on going residual payments you must display a 4free.co.uk logo or banner on the web site or web sites participating in the 4free.co.uk associates programme. 

3. Use all reasonable endeavours to market our products through your web site.

4. Only use marketing and promotional materials previously approved by us in the performance of your obligations here under.

5. You agree that you will not make, vary, amend or discharge any contract with us or on our behalf, nor will you pledge the credit of the company in any way.

2. Referral fees payment

1. In return for you performing your obligations you will be entitled to payment as follows:

   10% of total revenue payable to a customer who uses and continues to use a National Rate 0870 number as a result of visiting your web site. 5% of total revenue payable to a customer who uses and continues to use a Premium Rate 090x number as a result of visiting your web site. £10 for each visitor who enters into a mobile phone contract with our suppliers and takes out a mobile phone contract as a result of visiting your web site.  £6 for each visitor who enters into a SIM card only contract with our suppliers and takes out a SIM card only contract as a result of visiting your web site.

2. We will make referral fee payment on a quarterly basis.  This will be approximately 30 days following the end of each calendar quarter. You will be sent a cheque for the total commission earned, less any taxes that we are required by law to withhold.  There will be a minimum payment of £25 and if the fees payable to you are less than this in any calendar quarter, we will carry those fees forward until the total amount is at least £25.  There is a £2 administration fee with each commission statement and cheque, you will not be charged a fee if no payments are due.  If the customer returns a service or product that generated a referral fee, or any fees payable to 4free.co.uk are clawed back by any of our suppliers, we will deduct the corresponding fee from your next quarterly payment.

3. 4free reserve the right to change, without notice, commission payments or referral fees as we must respond to market edicts and any changes our suppliers may make that are outside our control.

4. Fees payable will include VAT if you are VAT registered.

3. Processing of orders.

We will process all orders that are placed by customers who follow special links from your site to the 4free.co.uk site.  We will track applications made by customers who have come from your site to ours.  The number of applications made on each product will show up on your own personal online statistics page.  This does not constitute a sale and referral commission payable to you is dependent of using the service applied for.  To permit accurate tracking you must ensure that the special links between your site and our site are properly formatted.

4.  Nature of agreement

1. Nothing in the agreement shall create, or be deemed to create, a partnership, joint venture or the relationship of employer and employee or except to the extent set out in this agreement principal and agent between you and us.

2. This agreement contains the entire agreement between the parties and can only be amended by written agreement.

3. Except as required by law no announcement shall be made or issued by either party in connection with this agreement without the prior written approval of the other parties (such approval not to be unreasonably withheld or delayed).

4. The agreement shall be governed by and construed in accordance with the Laws of England, and each party hereby submits to the jurisdiction of the English Courts.

5.  Change in Currency

If the Euro is introduced as the mandatory legal tender in the UK, then all invoicing and payment shall be in Euros, and the official conversion rate shall prevail. The effectiveness of this agreement will not be affected by the introduction of the Euro as legal tender.

6. Modification

We may modify 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 in referral commissions payable, fee schedules, payment procedures and programme rules.

7. Limitation of liability

Neither 4Free nor any of our affiliates will be liable for indirect, special or consequential damages, loss of revenue, profits or data arising in connection with this agreement or the associates programme.

8. Disclaimer

Neither 4Free nor any of our affiliates make 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.

9.  Acknowledgement

You acknowledge that you have read this agreement and both understand and agree to be bound by the terms and conditions agreement.

E&OE