This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Direct FX Affiliate Program (the "Program").
"you" means the applicant.
"Your Site" means your World Wide Web site.
"The System" means the programs which generate the Direct FX web site.
The "Full Program" means the Direct FX Full Affiliate program.
The "Sales Program" means the Direct FX Sales Affiliate program.
To begin the enrolment process, you will submit a complete Program application via our site. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program. Unsuitable sites include but may not be limited to sites that:
We may offer membership of our Full Program to large sites which in the opinion of Direct FX will bring in sufficient revenue to justify the customization work. The full program provides a customsed order form reflecting the affiliate site branding.
If we reject your application, you are welcome to re-apply to the Program at any time.
We will provide a fragment of html which should be included in its entirety on Your Site without change. The positioning of the html is at your discretion.
You will provide us with the URL of the page containing the link.
You will provide us with a sample page from your site. We will make reasonable efforts to create a template which will reflect the general look and feel of the sample page.
If we believe that the structure of the sample is so complex that we cannot reproduce the look and feel readily we will discuss the issues with you and reserve the right to make a charge or terminate this contract if no agreement can be reached. In no circumstances will any billable work be done without your written agreement.
We will process orders placed by customers. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish. We will be responsible for all aspects of order processing and fulfilment. Among other things, we will prepare order forms; process payments, cancellations, and returns; and handle customer service.
We will track sales made to customers who use The System starting from your site and will make reports available on-line summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time in our discretion. To permit accurate tracking, reporting, and fee accrual, you must ensure that the special links between your site and our site are properly formatted.
You will earn referral fees at a rate of $1.50 for each referral leading to an order.
We will pay you fees on a quarterly basis. Approximately 30 days following the end of each calendar quarter, we will send you a check for the fees earned, less any taxes that we are required by law to withhold. However, if the fees payable to you for any calendar quarter are less than US$100.00, we will hold those fees until the total amount due is at least US$100.00 or (if earlier) until this Agreement is terminated.
Customers who buy currency through The System will be deemed to be customers of Direct FX. Accordingly, all Direct FX rules, policies, and operating procedures concerning customer orders, customer service, and currency sales will apply to those customers. We may change our policies and operating procedures at any time.
We grant you a non-exclusive, revocable right to use the icon and message described herein and such other images for which we grant express permission, solely for the purpose of identifying your site as a Program participant. You may not modify the icon, the message, or any of our images in any way. We reserve all of our rights in the icon, the message, any other images, our trade names and trademarks, and all other intellectual property rights. We may revoke your license at any time by giving you written notice.
We disclaim all liability for any statements made on your site about The System other than any text material we provide you with, or any material which is cleared by us in writing. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site not approved by us which refer to The System.
The terms of this Agreement will begin upon our acceptance of your Program 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 fees on sales occurring during the term, and fees earned through 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.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available, fee schedules, payment procedures, and Program 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.
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
We will not 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 have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under to this Agreement.
We make no express or implied warranties or representations with respect to 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). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE 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 WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
This Agreement will be governed by the laws of the United Kingdom. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
331 Darby Lane
Mountainside, NJ 07092
Fax: (212) 214-0825
Direct FX has a program specially designed for major users within both small and large corporations such as sales departments, treasury, in-house travel organisations, etc.
We also can offer discounts for large purchasers and additional convenience such as tracking purchasers by user, department or special delivery requirements.
Please use the e-mail address below to inquire about the full abilities of Direct FX to manage your FX needs.
LEARN MORE ABOUT MEDICAL COVERAGE FOR INTERNATIONAL TRAVELERS