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In using this login, I confirm I have read and agreed to Cash's full dealer/retailer Terms & Conditions as detailed below.

Cash’s (UK) Limited – Dealer Link Scheme Agreement

Definitions

This Agreement contains the terms and conditions that apply to an individual's or entity's participation in the Cash’s (UK) Dealer Link Scheme (the "Scheme"). As used in this Agreement, "we" or “Cash’s” means Cash’s (UK) Limited www.cashs.co.uk & www.jjcash.co.uk and "you" means the Applicant. "Site" means a World Wide Web Site located at the URL http://www.jjcash.co.uk and “Dealer Link” means the unique URL allocated to you as designated in your Dealer record. “Products” means items offered for sale on the Cash’s Site.

Dealer Application

An application to join the Scheme will be evaluated in good faith and we will notify you of our acceptance or rejection in writing by post, facsimile or via e-mail to the address you supply to us. We may reject your application if we determine (at our sole discretion) that your site is unsuitable for the Scheme. Without limitation, we may reject your application if your website includes sexually explicit material or violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; promote illegal activities; otherwise violates intellectual property rights of Cash’s (UK) Limited or a third party.

All sites will be reviewed on a regular basis. Should it be determined (in our sole discretion) to be unsuitable for the Scheme, we reserve the right to terminate this Agreement and cancel your Dealer Link authority without notice and without providing you with a reason.

Links

Upon acceptance into the Scheme we will send you a login name and password to enable you to log on to Cash’s site to download your allocated Dealer Link in the form of a uniquely tagged URL together with designated banners and/or graphics to enable you to create links from your Site to the Cash’s Site. We may modify any banners or graphic images from time to time and these must be incorporated without modification into your Site and the final link design must be acceptable to Cash’s.

We grant you a revocable, non-exclusive, worldwide, royalty-free licence for the duration of the term of this Agreement, solely for purposes of facilitating referrals from your Site to Cash’s Site, to establish and maintain links.

Order Processing

We will process orders for our Products placed by customers who follow the Dealer Links from your Site to Cash’s Site. Orders will be processed in accordance with Cash’s Terms and Conditions of Sales and we reserve the right to reject orders that do not comply with our normal Trading Terms and Conditions or any other requirements we may establish periodically. We will be responsible for all aspects of order processing and fulfillment. We will not be liable for paying any referral fees on purchases that are not correctly tracked and reported for any reason whatsoever.

Dealer Commissions

You may earn commission for orders sold to customers who were referred via links from your Site to Cash’s Site only if an agreement to pay commission has been agreed in writing between us prior to the order being placed and subject only to the terms and conditions of that agreement.

Qualifying orders will be those orders placed by customers who must have followed your Dealer Link (in the format specified by us) from your Site to the Cash’s Site and purchased Products from the Cash’s Site. Payment for these orders must have been received in full by Cash’s and not been subject to any refund or replacement. Commissions will not, however, be paid on any purchases made by that customer if they enter the Cash’s Site directly during a browser session in which they have not first linked to the Cash’s Site from your Site, even if the customer previously followed a link from your Site to the Cash’s Site during a previous browser session.

If you inform us that you are VAT exempt you warrant that you are neither registered nor are you liable to be registered in respect of VAT and you indemnify Cash’s against any Losses arising from any breach of this warranty.

In the event that you later become liable to be registered in respect of VAT you shall inform Cash’s immediately and supply Cash’s with your VAT number. You warrant to make Cash’s aware of any changes relating to the legal ownership of your Site.

Customer Policies And Pricing

Customers who buy Products through this Scheme will be deemed to be customers of Cash’s. Accordingly, all Cash’s sales terms and conditions and site use conditions as indicates on Cash’s Site will apply to those customers. Such terms and conditions may be changed at any time. We will use all reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular Product. Similarly all personal details of customers (as defined in the Data Protection Act 1998) shall, as between you and Cash’s, be owned exclusively by Cash’s and you shall not be entitled to exploit the personal data in any way.

Limited Licence

We grant you a non exclusive, revocable right to use the graphic images and texts described in the “Links” section. You may not modify the graphic images or texts in any way. We reserve all of our rights in the graphic images and texts, any other images, our trade name and trademarks, and all other intellectual property rights.

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. We disclaim all liability for any details contained thereon other than those provided by ourselves through the Dealer Link Scheme. Further, you will indemnify and hold us harmless from all claims, damages and expenses (including, without limitation, legal 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 with immediate effect. Should we want to terminate this Agreement we will notify you in writing by post, facsimile or via e-mail to the address you supply. You must immediately inform us in writing at the address below if your address changes. In the event that you wish to terminate this Agreement, you can do so by sending an e-mail to dealer@cashs.co.uk and a confirmation letter to the address below.

Termination of this Agreement is without prejudice to either party's rights and remedies accruing up to the time of termination. You are only eligible to earn commissions on sales during the term of this Agreement. Commissions earned up to the date of termination of this agreement will remain payable only if the related orders are not cancelled or returned.

Amendment of this Agreement

We may amend any of the terms and conditions contained in this Agreement, at any time and at our sole discretion. In the event that these terms and conditions are amended we will notify you in writing by post, facsimile or via e-mail to the address you supplied. If any amendment is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Scheme following our posting of a change notice or new agreement on the Cash’s Site will constitute binding acceptance of the change.

Limitation of Liability

We will not be liable for indirect, special, or consequential damages (including any loss of business, revenue, profits or data) arising in connection with this Agreement or the Scheme, even if we have been advised of the possibility of such damages. Further, to the fullest extent permitted by law, our aggregate liability arising with respect to this Agreement and the Scheme will not exceed the total commission fees paid or payable to you under this Agreement at the time that the event giving rise to the liability arises. Nothing in this Agreement will operate to exclude any liability for death or personal injury arising as a result of the negligence of either party, its employees, agents or authorised representatives.

Disclaimers

To the fullest extent permitted by law, we make no express or implied warranties or representations with respect to the Scheme or any Products sold through the Scheme (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, we make no representation that the operation of the Cash’s Site and associated services will be uninterrupted or error-free and none of us will be liable for the consequences of any interruptions or errors.

Miscellaneous

You may not issue any press release with respect to this Agreement or your participation in the Scheme without our prior written consent, which may be given or withheld in our sole discretion. Doing so may result in your termination from the Scheme and application for consent should be sent to the address below.

You may not assign this Agreement without our prior written consent.

This Agreement does not create any right under the Contracts (Rights of Third Parties) Act 1999 that is enforceable by any person who is not a party to it.

This Agreement will be governed by UK law and applies to the applicant of the Scheme and Cash’s (UK) Limited only.

Acknowledgement

You acknowledge that you have read this Agreement and agree to all its terms and conditions. You understand that we or any of our dealers 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 Site. You have independently evaluated the desirability of participating in the Scheme and are not relying on any representation, guarantee or statement other than as set forth in this Agreement.

Copyright © Cash's UK Limited 2002-2005