Marketing Shouts (“MARKETING SHOUTS”) who maintain this site (the “Site”) for your personal information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, report, or use the contents of the Site for public or commercial purposes, including the text, images, audio, and video without the written permission of MARKETING SHOUTS.
Your access and use of the Site is also subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreement between you and the MARKETING SHOUTS, are superseded and of no force or effect.
Terms and Conditions
- You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of the MARKETING SHOUTS. MARKETING SHOUTS, neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with the MARKETING SHOUTS.
- While MARKETING SHOUTS, uses reasonable efforts to include accurate and up-to-date information on the Site, MARKETING SHOUTS, makes no warranties or representations as to its accuracy. MARKETING SHOUTS, assumes no liability or responsibility for any errors or omissions in the content on the Site.
- Your use and browsing of the Site is at your risk. Neither MARKETING SHOUTS, nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. MARKETING SHOUTS, also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
- Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and nonproprietary. Anything you transmit or post may be used by MARKETING SHOUTS, or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, MARKETING SHOUTS, is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information.
- Images of people or places displayed on the Site are either the property of, or used with permission by MARKETING SHOUTS. The use of these images by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorised use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
- The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks MARKETING SHOUTS, and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of MARKETING SHOUTS, or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Term and Conditions, is strictly prohibited. You are also advised that MARKETING SHOUTS, will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
- Marketing Shouts has not reviewed all of the sites linked to the Site and is not responsible for the contents of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
- Although Marketing Shouts may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, MARKETING SHOUTS, is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. MARKETING SHOUTS, will fully cooperate with any law enforcement authorities or court order requesting or directing MARKETING SHOUTS, to disclose the identity of anyone posting any such information or materials.
MARKETING SHOUTS, may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions.
The policy sets out the different areas where user privacy is concerned and outlines the obligations & requirements of the users, the website and website owners. Furthermore the way this website processes, stores and protects user data and information will also be detailed within this policy.
This website and its owners take a proactive approach to user privacy and ensure the necessary steps are taken to protect the privacy of its users throughout their visiting experience. This website complies to all UK national laws and requirements for user privacy.
Cookies are small files saved to the user’s computers hard drive that track, save and store information about the user’s interactions and usage of the website. This allows the website, through its server to provide the users with a tailored experience within this website.
Users are advised that if they wish to deny the use and saving of cookies from this website on to their computers hard drive they should take necessary steps within their web browsers security settings to block all cookies from this website and its external serving vendors, and we are not held accountable if the 3rd party cookie notification does not add a cookie to your computer or device, if you have concerns please email us straight away at email@example.com or we will not be held responsible for collecting such data through the cookies provided through any of our third party software used.
Other cookies may be stored to your computers hard drive by external vendors when this website uses referral programs, sponsored links or adverts. Such cookies are used for conversion and referral tracking and typically expire after 90 days, though some may take longer. No personal information is stored, saved or collected about your website browsing activities.
Contact & Communication
Users contacting this website and/or its owners do so at their own discretion and provide any such personal details requested at their own risk. Your personal information is kept private and stored securely until a time it is no longer required or has no use, as detailed in the Data Protection Act 1998. Every effort has been made to ensure a safe and secure form to email submission process but advise users using such form to email processes that they do so at their own risk.
This website and its owners use any information submitted to provide you with further information about the products / services they offer or to assist you in answering any questions or queries you may have submitted. This includes using your details to subscribe you to any email newsletter program the website operates but only if this was made clear to you and your express permission was granted when submitting any form to email process. Once submitting your affiliate signup from a merchant associated with Marketing Shouts you are automatically registered to Marketing Shouts email newsletter, however you can unsubscribe at any time by contacting us on firstname.lastname@example.org or using the unsubscribe option on the email you will receive. Or whereby you the consumer have previously purchased from or enquired about purchasing from the company a product or service that the email newsletter relates to. This is by no means an entire list of your user rights in regard to receiving email marketing material. Your details are not passed on to any third parties.
This website (www.marketingshouts.com and www.marketingshouts.co.uk) operates an email newsletter program, used to inform subscribers about products and services supplied by this website and the third party companies we work with). Users can subscribe through an online automated process should they wish to do so but do so at their own discretion. Some subscriptions may be manually processed through prior written agreement with the user, or if they register on our website you will automatically be subscribed to our email newsletter.
Subscriptions are taken in compliance with UK Spam Laws detailed in the Privacy and Electronic Communications Regulations 2003. All personal details relating to subscriptions are held securely and in accordance with the Data Protection Act 1998. No personal details are passed on to third parties nor shared with companies / people outside of the company that operates this website. Under the Data Protection Act 1998 you may request a copy of personal information held about you by this website’s email newsletter program. A small fee may be payable. If you would like a copy of the information held on you please write to the business address at the bottom of this policy or email us at email@example.com for further details.
Email marketing campaigns published by this website or its owners may contain tracking facilities within the actual email. Subscriber activity is tracked and stored in a database for future analysis and evaluation. Such tracked activity may include; the opening of emails, forwarding of emails, the clicking of links within the email content, times, dates and frequency of activity [this is by no far a comprehensive list].
This information is used to refine future email campaigns and supply the user with more relevant content based around their activity.
In compliance with UK Spam Laws and the Privacy and Electronic Communications Regulations 2003 subscribers are given the opportunity to un-subscribe at any time through an automated system, we currently use MailChimp as our Email Service Provider so please also see and you are bound by their terms and conditions. This process is detailed at the footer of each email campaign. If an automated un-subscription system is unavailable clear instructions on how to un-subscribe will by detailed instead.
Although this website only looks to include quality, safe and relevant external links, users are advised adopt a policy of caution before clicking any external web links mentioned throughout this website. (External links are clickable text / banner / image links to other websites)
The owners (also the companies we work with) of this website cannot guarantee or verify the contents of any externally linked website despite their best efforts. Users should therefore note they click on external links at their own risk and this website and its owners cannot be held liable for any damages or implications caused by visiting any external links mentioned.
Adverts and Sponsored Links
This website may contain sponsored links and adverts. These will typically be served through our advertising partners, to whom may have detailed privacy policies relating directly to the adverts they serve.
Social Media Platforms
Communication, engagement and actions taken through external social media platforms that this website and it’s owners participate on are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively.
Users are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to their own privacy and personal details. This website nor its owners will ever ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or email.
This website may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account. You agree that you will also make clear that you are promoting a third party brand when using any website or affiliate links from Marketing Shouts, we will take no responsibility if you do not comply with the laws within your country for promoting third party companies, here are some useful guidelines: https://www.asa.org.uk/advice-online/affiliate-marketing.html however it is your responsibility to comply with this laws and we will take no responsibility for any out come if you do not comply.
Shortened Links in Social Media
This website and its owners through their social media platform accounts may share web links to relevant web pages. By default some social media platforms shorten lengthy urls [web addresses].
Users are advised to take caution and good judgement before clicking any shortened urls published on social media platforms by this website and its owners. Despite the best efforts to ensure only genuine urls are published many social media platforms are prone to spam and hacking and therefore this website and its owners cannot be held liable for any damages or implications caused by visiting any shortened links.
Affiliates: Marketing Shouts has the right to refuse service to any new or existing affiliate, in its sole discretion, with our without cause. Marketing Shouts reserves the right to refuse to do business with anyone, at any time, for any reason.
Marketing Shouts reserves the right, without liability, to reject, omit or exclude any affiliate, webmaster or website for any reason at any time, with or without notice and regardless of any previous conditions.
By using our MARKETING SHOUTS, You warrant that:
You are 18 years of age and that there is no legal reason that You cannot enter into a binding agreement.
You are the owner or are licensed to use the entire contents contained on Your website.
Your website and/or newsletter does not violate any law or regulation.
Your website and/or newsletter does not contain misrepresentation or content that is defamatory or violates any rights of privacy or publicity.
Your website and or/newsletter does not and will not infringe any copyright, trademark, patent or other proprietary right.
You place our banners anywhere on your site as you see fit, or within non-spam emails.
Failure to abide by these rules could mean termination from MARKETING SHOUTS.
Fraud is a serious offense, and will be treated as such. Fraud is defined as any action that intentionally attempts to create sales or click-throughs using robots, scripts, or manually “refreshing” of pages, for the sole purpose of creating commissions.
Marketing Shouts respects the privacy of its users and promises not to disclose personal or business information to third parties without the express permission of You and Your company. We will not sell Your name, e-mail address, phone number, or any other personal information to anyone else. We consider this information to be private, and it will remain as such. If You have any questions about your privacy rights, contact us at firstname.lastname@example.org
Marketing Shouts is operated by TasteWant Limited. TasteWant Limited is responsible for payouts of affiliate commissions and all financial transactions related to Marketing Shouts. You will receive a commission for sending a authorised sales via your links. In order to place links, You must first accept these terms and conditions. You understand that the payout amount may be changed at any time. You are responsible for determining if the payout for a link You have placed on Your site has changed or been discontinued. You receive the commission from TasteWant Limited. Payments are made automatically on the first (1st) day of each month (or on a date of our desecration after payment from the Merchant) when Your account balance reaches £30 or more for the previous months’ transactions. Money credited to Your account does not accrue interest. All affiliate programs do not accept self-purchases.
Refunds, Chargebacks and Bad Cheques:
If an order is later refunded to the customer or charged back by the customer, or if a customer’s check does not clear, the referral fee, and any Affiliate charge back fees, will be deducted from the next monthly payment sent to the Affiliate.
2 LICENSES/OWNERSHIP OF Marketing Shouts SITE.
2.1Rights Granted by Merchant.
(a) License; License Restrictions. Merchant grants to Marketing Shouts a nonexclusive, nontransferable, royalty-free (without right to sublicense) license to use and display, during the Term of this Agreement, the Merchant Marks, solely for the purpose of promoting the Merchant Affiliate Program and to link to the Merchant Site. Marketing Shouts agrees that the Merchant Marks are and will remain the sole property of Merchant and agrees not to contest the ownership of such Merchant Marks, nor misappropriate the Merchant Marks for Marketing Shouts’s own use. Merchant reserves all rights to control the use of the Merchant Marks, and Marketing Shouts shall not change or modify the Merchant Marks in any manner without prior written authorisation from Merchant.
(b) Marketing Shouts Ownership Rights. All content, writings, graphics, tables, sounds and other materials on the Marketing Shouts Site, the design, layout and general look and feel of the Marketing Shouts Site, and all Intellectual Property embodied therein or pertaining thereto, (other than Merchant supplied materials or Merchant Marks on the Marketing Shouts Site) shall remain the sole and exclusive property of Marketing Shouts or its licensors. Marketing Shouts will retain sole control and ownership over the look and feel, content, layout and design of the Marketing Shouts Site (website). Nothing under this Agreement shall be construed as granting to Merchant any license or right in or to any Intellectual Property or ownership of Marketing Shouts.
6 REPRESENTATIONS, WARRANTIES AND COVENANTS.
6.1 By Marketing Shouts. Marketing Shouts represents, warrants and covenants that: (i) it has sufficient rights to grant Merchant the rights and licenses set forth herein; (ii) to the best of its knowledge, the Marketing Shouts Services and the Marketing Shouts Site does not and will not violate any applicable law or regulation; (iii) the execution, delivery and performance of this Agreement by it does not conflict with any agreement to which it is a party or by which it may be bound; (iv) it has full legal authority to enter into this Agreement and to carry out the provisions hereof; (v) to the best of its knowledge, the Marketing Shouts Services and the Marketing Shouts Site do not infringe in any manner any copyright, patent, trademark, trade secret or other Intellectual Property right of any third party; (vi) to the best of its knowledge, the Marketing Shouts Services and the Marketing Shouts Site do not breach any duty toward or rights of any person or entity including, without limitation, rights of publicity or privacy, or has not otherwise resulted in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (vii) the Marketing Shouts Services and the Marketing Shouts Site are not false or misleading; (viii) the Marketing Shouts Services and the Marketing Shouts Site do not produce, provide or are in any manner related to pornographic products or services (which Marketing Shouts shall have complete discretion to define); and (ix) the Marketing Shouts Services and the Marketing Shouts Site are neither defamatory, libelous, militant, hateful, slanderous or threatening.
6.2 By Merchant. Merchant represents, warrants and covenants that: (i) it has sufficient rights to grant Marketing Shouts the rights and licenses set forth herein; (ii) to the best of its knowledge, the Merchant Services and the Merchant Site does not and will not violate any applicable law or regulation; (iii) the execution, delivery and performance of this Agreement by it does not conflict with any agreement to which it is a party or by which it may be bound; (iv) it has full legal authority to enter into this Agreement and to carry out the provisions hereof; (v) to the best of its knowledge, the Merchant Services and the Merchant Site do not infringe in any manner any copyright, patent, trademark, trade secret or other Intellectual Property right of any third party; (vi) to the best of its knowledge, the Merchant Services and the Merchant Site do not breach any duty toward or rights of any person or entity including, without limitation, rights of publicity or privacy, or has not otherwise resulted in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (vii) the Merchant Services and the Merchant Site are not false or misleading; (viii) the Merchant Services and the Merchant Site do not produce, provide or are in any manner related to pornographic products or services (which Marketing Shouts shall have complete discretion to define), or their subsidiaries or foundations funded by such companies whose function is to improve acceptance of such products by the public; and (ix) the Merchant Services and the Merchant Site are neither defamatory, libelous, militant, hateful, slanderous or threatening (which Marketing Shouts shall have complete discretion to define).
Merchant further represents that all information provided to Marketing Shouts will be accurate, complete and current. Merchant is responsible for keeping contact information up to date, including but not limited to financial information and contact emails.
7 DISCLAIMERS; LIMITATION OF LIABILITY.
7.1 Disclaimer of Warranties. EXCEPT AS SET FORTH IN SECTIONS 3 AND 6, NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE MERCHANT SERVICE OR THE Marketing Shouts SERVICE INCLUDING, BUT NOT LIMITED TO, A WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY.
7.2 Limitation of Liability. EXCEPT FOR A BREACH OF THE CONFIDENTIALITY AND PRIVACY PROVISIONS OF SECTION 9 AND INDEMNIFICATION OBLIGATIONS ARISING UNDER SECTION 10, IN NO EVENT SHALL EITHER PARTY, OR ITS RESPECTIVE AFFILIATES, SUBSIDIARIES, PARENT COMPANIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES, BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, POTENTIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOST PROFITS OR LOST REVENUES) EVEN IF A PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8 FORCE MAJEURE.
8.1 A party shall not be considered to be in default in the performance of any obligations under this Agreement when a failure of performance is due to an uncontrollable force. The term “uncontrollable force,” as used in this Agreement, shall mean an unanticipated event which is not reasonably within the control of the affected party and which by exercise of reasonable due diligence, such affected party could not reasonably have been expected to avoid, overcome or obtain or cause to be obtained a commercially reasonable substitute therefor. Such causes may include, without limitation, the following: flood, earthquake, tornado, storm, fire, terrorist attack, explosion, public emergency, civil disobedience, labor dispute, labor or material shortage, sabotage, restraint by court order or public authority (whether valid or invalid), and action or non-action by or inability to obtain or keep the necessary authorisations or approvals from any governmental agency or authority; however, no party shall be relieved of its obligations hereunder, if its failure of performance is due to removable or remediable causes which such party fails to remove or remedy using commercially reasonable efforts within a reasonable time period. Either party rendered unable to fulfil any of its obligations under this Agreement by reason of an uncontrollable force shall give prompt notice of such fact to the other, followed by written confirmation of that notice, and shall exercise due diligence to remove such inability with all reasonable dispatch.
9.1 By Merchant. Merchant agrees to indemnify, defend and hold harmless Marketing Shouts and its officers, directors, employees, agents, successors and assigns from and against any and all losses, liabilities, damages, penalties and claims and all related costs and expenses (including reasonable attorneys’ fees) related to claims made by third parties against Marketing Shouts: (i) alleging that Merchant’s Marks or other Intellectual Property infringe the patents, copyrights, trademarks or service marks or other Intellectual Property rights of such third parties; (ii) arising out of or relating to the Merchant Service or the Merchant Marks; or (iii) due to a breach by Merchant of its warranties, representations, obligations or covenants or otherwise breaches this Agreement.
10 OWNERSHIP OF END USER DATA; CONFIDENTIALITY, AFFILIATE RELATIONSHIP.
10.1 Confidentiality. Marketing Shouts and Merchant agree that any and all information identified by the other as “Confidential” and/or “Proprietary”, or which, under all of the circumstances, ought reasonably to be treated as Confidential and/or Proprietary, will not be directly or indirectly disclosed to any third person without the express consent of the other party for a period of three (3) years following termination of this Agreement and that neither party will make use of Confidential Information except under the terms of this Agreement. These confidentiality obligations shall not apply to any information which: (i) is or subsequently becomes available to the general public other than through a breach by the receiving party; (ii) is already known to the receiving party before disclosure by the disclosing party; (iii) is developed through the independent efforts of the receiving party; (iv) the receiving party rightfully receives from a third party without restriction as to confidentiality or use; or (v) is requested pursuant to a subpoena; provided, that the party responding to such subpoena gives the other party reasonable notice and opportunity to intervene to quash such subpoena.
10.2 Privacy of Consumer Information. Notwithstanding anything in this Agreement to the contrary, if it is necessary for Merchant to disclose any End User Data to Marketing Shouts for any reason, Marketing Shouts agrees that at no time shall Marketing Shouts use or disclose any such End User Data that Marketing Shouts may obtain in connection with this Agreement, except as required by law; provided that nothing herein shall require Merchant to disclose End User Data to Marketing Shouts.
10.3 Affiliate Relationship. During the Term of this Agreement and for six (6) months thereafter, Merchant shall not knowingly solicit any Affiliate that is obtained through the Marketing Shouts Services, nor shall Merchant transfer any Affiliate obtained through the Marketing Shouts Services to any third party provider or to any in-house program substantially similar to the Marketing Shouts Services. Additionally, Merchant shall not encourage, including paying an Affiliate a higher Commission, any such Affiliate to so transfer. In the event Merchant does violate this provision, Merchant shall pay Marketing Shouts what Marketing Shouts would have otherwise earned had such a violation not occurred. Except as expressly set forth in this paragraph, nothing herein shall be deemed to restrict Merchant from entering into independent strategic partnerships or other agreements with Affiliates, or to prohibit Merchant from advertising, merchandising or promoting its products or services.
11 TERM OF AGREEMENT AND TERMINATION.
If Merchant is dissatisfied with MARKETING SHOUTS or with any of the terms and conditions contained herein, Merchant’s sole and exclusive remedy is to terminate Merchant account. Merchant may cancel participation in the MARKETING SHOUTS at any time after meeting Termination Requirements, in accordance with section 11.3.2, by sending notice in accordance with section 12.7.
11.2 Termination. This Agreement will terminate in the event of any of the following:
(a) Thirty (30) days after notice of a material breach is sent by the non-breaching party in accordance with section 12.7, provided the breaching party fails to cure such breach within thirty (30) days of such notice; and
(c) After meeting applicable Termination Requirements, in accordance with section 11.3.
11.3 Termination Requirements.
11.3.1 Marketing Shouts may terminate this Agreement once notice of termination has been sent to Merchant in accordance with section 12.7.
11.3.2 Merchant may terminate this Agreement only after satisfying all of the following requirements:
(a) Once Merchant has met Merchant obligations in accordance with section 3.2(b) for any active Campaign and expired all active
(b) Once Merchant has removed all content from the Marketing Shouts website for any Campaign that has ended which in no case shall occur prior to the expiration of the Cookie Survival Window defined herein; and
(c) Once Merchant has paid all monies owed in accordance with section 5.7; and
(d) Once notice of termination is received by Marketing Shouts in accordance with section 12.7.
12.1 Choice of Law. The Parties agree that this Agreement shall be governed by and interpreted in accordance with the laws within Britain, UK (including by not limited to the Uniform Electronic Transactions Act as enacted in Britain, UK), without regard to conflict of laws provisions thereof. Furthermore, the parties agree that any dispute (including litigation) that arises between the parties shall have its venue in a British, UK court of law.
12.2 Assignment. Merchant may not assign all or any portion of this Agreement without the prior written consent of Marketing Shouts, which consent may be withheld at Marketing Shouts’s sole discretion.
12.3 Relationship of the Parties. No partnership, joint venture, employment, agency, franchise, or other form of agreement or relationship is intended by this Agreement. The parties shall be independent contractors for all purposes in connection with this Agreement.
12.4 Entire Agreement. The parties agree that this Agreement constitutes the entire agreement between the parties as of the date hereof with respect to the subject matter hereof and supersedes all prior and contemporaneous communications, whether oral or written. The parties agree that this Agreement may be modified or amended from time to time hereafter by Marketing Shouts as it deems necessary and Merchant agrees (in consideration for Marketing Shouts agreeing to continue doing business with Merchant) to be bound by such amendments, however, no such modification or amendment shall act to increase any financial obligation which Merchant may otherwise have to Marketing Shouts pursuant to this Agreement.
12.5 Press Releases. Neither party shall issue any press release or announcement relating to the relationship contemplated by this Agreement without the prior written consent of the other party.
12.6 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
12.7 Notices. All notices, requests, consents, and other communications under this Agreement from Merchant shall be in writing and shall be deemed delivered (i) two business days after being sent by registered or certified mail, return receipt requested, postage prepaid; (ii) one business day after being sent via a reputable nationwide overnight courier service guaranteeing next business day delivery; or (iii) immediately if via electronic mail if the form available in Marketing Shouts’ Merchant Manager is used. If from Marketing Shouts to Merchant, immediately upon electronic mail to the primary contact email address is deemed an acceptable means of notification. In each case to the intended recipient as set forth below:
If to Merchant by electronic mail to the primary contact email address email@example.com
12.8 Section Headings. Section headings are for descriptive purposes only and shall not be used to interpret the meaning of this Agreement.
12.9 Attorneys’ Fees. If either party fails to pay any amounts due under this Agreement or otherwise breaches this Agreement and the non-breaching party retains an attorney to collect such amounts or remedy such breach, then the breaching party shall be obligated to pay any amounts due herein including said non-breaching party’s reasonable attorneys’ fees incurred in collecting such amounts and court costs.
12.10 Non-Waiver. No delay or omission of either party in exercising any right accruing upon any default of the other party shall impair any such right or be construed to be a waiver thereof, and every such right may be exercised at any time during the continuance of such default. A waiver by either of the parties of a breach or a default under any of the terms and conditions of this Agreement by the other party shall not be construed to be a waiver thereof. A waiver by either of the parties of a breach or a default under any of the terms and conditions of this Agreement by the other party shall not be construed to be a waiver of any subsequent breach or default of any other term or condition of this Agreement.
12.12 Tax Status and Obligations. Marketing Shouts is not obligated to provide Merchant with tax and/or legal advice and nothing communicated by Marketing Shouts to Merchant shall be construed as such. Merchant is obligated to independently assess and comply with all relevant tax and legal requirements, and is responsible for its own sales tax collection and reporting obligations arising from sales through the Affiliate Program. Any Affiliate information provided to Merchant, including Affiliate address, shall be provided accurately; however, Merchant, not Marketing Shouts, is responsible for verifying the accuracy of information provided to Marketing Shouts by an Affiliate.
How Marketing Shouts complies with GDPR Legislation
GDPR Questions and how Marketing Shouts Complies
1.) Your company has a list of all types of personal information it holds, the source of that information, who you share it with, what you do with it and how long you will keep it, here is Marketing Shouts (please not this may change without notice and you are bound to these changes).
The information that we may hold from our members includes:
Their Paypal Email
Last Logged in to Marketing Shouts
Referring Website they have posted their affiliate links on
Number of clicks their affiliate links have been clicked on
Number of impressions their affiliate banners have seen
The information that we hold from our Merchants includes:
Account Name (Company Name)
Last logged into Marketing Shouts
We cannot identify individuals clicking on affiliate links, however we can identify the IP address and website URL of the website that they have clicked the link from.
We can identify the sales ID of their purchase but not the individual, our Merchants hold this information and cross reference the Sales ID and approve the purchase without ever giving Marketing Shouts the Name or any other personal details of the person that has made the purchase,
2.) Your company has a list of places where it keeps personal information and the ways data flows between them
We use a number of 3rd party software’s in which we store our affiliates, merchants and individuals that click on the affiliate links, these include MailChimp and our Website is hosted with GoDaddy (the servers are currently hosted in the USA, please email use if you would like further information firstname.lastname@example.org, more information about their GDPR compliance policies can be found at:
Marketing Shouts need to process your data because we firstly need the Merchants information to onboard them onto MARKETING SHOUTS
We need the information specified from our members and merchants to be able to track the clicks on their individual affiliate links and how we can identify and pay the individual affiliate.
We need to track the information such as website, IP address and sales ID from individuals who click on the affiliate links, in order to referred the sales which come from individual affiliate affiliates from specific merchants. This is to allow us o invoice our merchants for specific sales and pay our affiliates for successful sales they refer.
5.) Your company has appointed a Data Protection Officer (DPO)
The data officer for Marketing Shouts is Luke the CEO and Founder of Marketing Shouts, he can be directly contacted on email@example.com for any questions
6.) Make sure your technical security is up to date.
We use a secure SSL Certificate for Marketing Shouts to process any data coming through our Marketing Shouts App between our Merchants websites. Please contact us on firstname.lastname@example.org for more details about our SSL Certificate.
Please contact us on email@example.com if you would like a full list of our Merchants who process the sales on Marketing Shouts.
8.) You report data breaches involving personal data to the local authority and to the people (data subjects) involved
Marketing Shouts will ensure that we inform our affiliates, merchants or any 3rd party companies or individuals of any data breaches as soon as possible if this occurs.
9.) There is a contract in place with any data processors that you share data with
10.) Your customers can easily request access to their personal information
In order for our customers our anyone who has had data process through Marketing Shouts can request this and we will happily send this to them as soon as possible, please email firstname.lastname@example.org for any information needed.
11.) Your customers can easily update their own personal information to keep it accurate
It is possible for both members, Affiliates and Merchants to be able to update, change and delete their own personal data, and if they feel they do not have the capacity to do this, they can contact us and we will help change, alter or delete and information they would like to request.
12.) You automatically delete data that your business no longer has any use for
Marketing Shouts will delete any information request or that is no longer needed, we see our members, affiliates and merchants having legitimate interest when they register for Marketing Shouts as this is in their own personal or business interest. Therefore they have access to our platform to generate revenue, therefore we hold their data and contact them in order for them to use our solution.
13.) Your customers can easily request deletion of their personal dat
Any of our members, affiliates or merchants can request deletion of all of their personal or business data by simply emailing us at email@example.com
14.) Your customers can easily request that you stop processing their data
Any of our members, affiliates or merchants can request Marketing Shouts to stop processing their data by simply emailing us at firstname.lastname@example.org
15.) Your customers can easily request that their data be delivered to themselves or a 3rd party
Any of our Affiliates or Merchants can request the data we hold on the by emailing us at email@example.com
16.) Your customers can easily object to profiling or automated decision making that could impact them
Any of our members, affiliates or merchants can request that we do not profile their data by emailing us at firstname.lastname@example.org if we do profile them, this is only to help them gain the most benefit out of Marketing Shouts, such as recommending (but limited to) affiliate programs to match their blog or website category, but we can ensure this does not happen if they request it.
17.) Ask consent when you start processing a person’s information
We ask for consent from our members, Affiliates and Merchants before they can use Marketing Shouts to both send them email updates of their performance, solution updates, marketing communications or not limited to important updates. We do not track any personal data from the individuals that click on the affiliate links apart from the website, IP address, date, time and Sales ID number so we have no way of tracking the individuals that click on the affiliate links, this is only a way for our merchants to cross reference the sales ID number so they can approve an affiliate purchase so we can invoice them and then pay our affiliates the money due.
18.) It should be as easy for your customers to withdraw consent as it was to give it in the first place
It is very easy for our members, affiliates or merchants to with draw consent, they simply have to email us at email@example.com with any data they would like to remove and we will swiftly do so based on their requirements.
20.) You regularly review policies for changes, effectiveness, changes in handling of data and changes to the state of affairs of other countries your data flows to.
We will always keep up to date with new legislation in terms of data policies and make the appropriate updates and inform our members, affiliates and merchants and any other individuals we can identify such as individuals that register for our newsletter but are not a members, affiliate or merchant.