This Operating Agreement contains the terms and conditions that govern your use of the MoreFrom.me® website and all associated MoreFrom® Group websites. These websites are operated by The MoreFrom Group part of More Computers® Limited. “We,” “us,” or “our” means More Computers Ltd or any of its related websites or companies. “You” or “your” means the applicant.
BY CHECKING THE BOX INDICATING THAT YOU AGREE TO THE TERMS AND CONDITIONS OF THIS OPERATING AGREEMENT, OR BY CONTINUED ACTIVATION OF YOUR FROM.ME THEME FOLLOWING OUR POSTING OF A CHANGE NOTICE, REVISED OPERATING AGREEMENT, OR REVISED OPERATIONAL DOCUMENTATION ON THE MOREFROM.ME SITE, YOU (A) AGREE TO BE BOUND BY THIS OPERATING AGREEMENT; (B) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THIS AGREEMENT AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS OPERATING AGREEMENT; AND (C) HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS (E.G., YOU ARE NOT A MINOR) AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THIS OPERATING AGREEMENT. IN ADDITION, IF THIS OPERATING AGREEMENT IS BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THIS OPERATING AGREEMENT ON BEHALF OF THAT COMPANY OR ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THIS OPERATING AGREEMENT.
The purpose of the service is to permit you to advertise our products on the MoreFrom.me site in your customised format using a “From.me® Theme” and to earn commission credit for purchases made by customers you attract to our site. A “Product” is any item or service sold on our websites, including Digital Products. “Digital Products” means those products that are downloaded from our site or suppliers sites. In order to facilitate your advertisement of the site and products, we may make available to you data, images, text, widgets, links, and other tools. You are not permitted to use any of the content, images, or text of our site on any site other than the MoreFrom.me site, unless provided by one of our widgets or tools.
To enroll with the service you must request a From.me name and provide your contact details. We will evaluate your application and notify you of its acceptance or rejection. We may reject your application if we determine that your From.me name or any images you submit are unsuitable. Unsuitable names and images include those that:
If we reject your application, you are welcome to reapply at any time. However, if we accept your application and we subsequently receive complaints from a 3rd party that any of the above conditions have been breached or we later determine that your name or images are unsuitable, we may remove your From.me Theme and terminate this agreement.
You will ensure that the information in your application and otherwise associated with your account, including your email address and other contact information and identification of your From.me Theme, is at all times complete, accurate, and up-to-date. We may send notifications, approvals, and other communications relating to the service and this agreement to the email address associated with your account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current or our email is blocked.
By participating in the use of the MoreFrom.me site you agree that you will comply with these terms and conditions.
You will provide us with any information that we request to verify your compliance with this agreement. If we determine that you have not complied with any requirement or restriction described in or have otherwise violated this agreement, we may (in addition to any other rights or remedies available to us) withhold any credit due to you under this agreement, terminate this agreement, or both.
In addition, you hereby consent to us:
We will have no responsibility or liability for any statement or claim made by you or your organisation relating to any of the products or content of the MoreFrom.me site.
We will have no liability for any customers claims relating to their use of, or purchases from your From.me Themed pages on the MoreFrom.me site, and you agree to defend, indemnify, and hold us, our employees, officers, directors, and representatives, harmless from and against all claims, damages, losses, liabilities, costs, and expenses (including legal fees) relating to (a) any statement you have made relating to the products, content or services provided by our site, including the combination of your services with those available on our site; (b) the use, development, design, manufacture, production, advertising, promotion, or marketing of our site or any materials that appear on or within our site; (c) your use of any content, whether or not such use is authorized by or violates this agreement or violates applicable law; (d) your violation of any term or condition of this Operating Agreement; or (e) you or your employees' negligence or willful misconduct.
The following activities are not permitted in conjunction with your use or promotion of your From.me Theme and could result in the termination of this agreement and deactivation of the service:
We reserve the right to de-activate or delete your From.me theme at any time should any of the enrollment conditions be breached, or for any reason that may bring the service into disrepute.
Periodically, themes that are found to be not in use or not producing sales will be reclaimed and released for other users, although prior warning will be given. Cyber-squatting of From.me Theme names is not permitted.
We will process product orders placed by customers on the MoreFrom.me Site. We reserve the right to reject orders that do not comply with any requirements on the MoreFrom.me Site or do not comply with the terms and conditions of sale of the MoreFrom Group, as they may be updated from time to time. We will track Qualifying Purchases for reporting and credit accrual purposes and will make available to you an online statement summarising those Qualifying Purchases.
You will earn credit on Qualifying Purchases made on your From.me themed pages.
The credit on any sale is not available until 30 days after the sale has been made and the goods delivered. Any return made by the customer is deducted from your balance. Customer Returns for credit are not possible after 30 days.
The percentage earned is variable and is stated in the account management section of your MoreFrom account. Any percentages or amounts that can be earned are subject to change at any time.
Credit is valid for 2 years from the date of order and must be claimed within this period. After this period any unclaimed credit will expire.
Qualifying Purchases exclude, and we will not attribute commission credit on any of, the following:
Your credit is redeemable on purchases made on any MoreFrom Group website . You must be logged into your MoreFrom Group account when making a purchase and your MoreFrom.me account balance will be made available in the checkout process.
Credit can also be redeemed by direct bank transfer. The minimum amount for each transfer is £25 and an administration fee of 2.5% is applicable with a minimum administration fee of £2.50. No fee is charged if the credit is redeemed on your website or on any MoreFrom Group website. Credit is only redeemable in British Pounds (GBP).
Customers who buy products through this Program are our customers with respect to all activities they undertake in connection with the MoreFrom.me Site. Accordingly, as between you and us, all pricing, terms of sale, rules, policies, and operating procedures concerning customer orders, customer service, and product sales set forth on the MoreFrom.me Site will apply to those customers, and we may change them at any time.
All customer services functions including product returns are performed by MoreFrom Group operatives in accordance with normal operating procedures and the terms and conditions of sale of the MoreFrom Group. These Terms and Conditions of Sale can be found here.
In the event of any claim or statement made by the end customer relating to information provided by you or your organisation we reserve the right to refer the customer to you using the contact information you have provided to us. We will also refer the customer to our terms and conditions that state that we will have no responsibility or liability for any statement or claim made by you or your organisation relating to any of the products, services or content of the MoreFrom.me site.
If your MoreFrom.me sales result in excessive or disproportionately higher than average product returns or customer service issues then we reserve the right to terminate this agreement and deactivate your From.me Themed pages.
You will not issue any press release or make any other public communication with respect to this Operating Agreement or your relationship with the MoreFrom Group. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to any charity or other cause), or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Operating Agreement or by prior written agreement with us.
If you provide us with suggestions, reviews, modifications, data, images, text, or other information or content about a product or in connection with this Operating Agreement, any Content, or your participation in the Program, or if you modify any Content in any way, (collectively, “Your Submission”), you hereby irrevocably assign to us all right, title, and interest in and to Your Submission and grant us (even if you have designated Your Submission as confidential) a perpetual, paid-up royalty-free, nonexclusive, worldwide, irrevocable, freely transferable right and license to (a) use, reproduce, perform, display, and distribute Your Submission in any manner; (b) adapt, modify, re-format, and create derivative works of Your Submission for any purpose; (c) use and publish your name in the form of a credit in conjunction with Your Submission (however, we will not have any obligation to do so); and (d) sublicense the foregoing rights to any other person or entity. Additionally, you hereby warrant that: (y) Your Submission is your original work, or you obtained Your Submission in a lawful manner; and (z) our and our sublicensees’ exercise of rights under the license above will not violate any person’s or entity’s rights, including any copyright rights. You agree to provide us such assistance as we may require to document, perfect, or maintain our rights in and to Your Submission.
In connection with your participation in the Program you will comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over you, including laws that govern marketing email or advertising standards.
The term of this Operating Agreement will begin upon our approval of your website name and will end when terminated by either you or us. Either you or we may terminate this Operating Agreement at any time, with or without cause, by giving the other party written notice of termination or by deactivating your From.me themed pages. Your From.me themed pages can be deactivated at any time in your online account control panel. No notice period is required.
Upon any termination of this Operating Agreement we may withhold accrued commission credit for a reasonable period of time following termination to ensure that the correct amount is paid (e.g. to account for any cancellations or returns).
No termination of this Operating Agreement will relieve either party for any liability for any breach of, or liability accruing under, this Operating Agreement prior to termination.
We may modify any of the terms and conditions contained in this Operating Agreement (and any Operational Documentation) at any time and in our sole discretion by posting a change notice, revised agreement, or revised Operational Documentation on the MoreFrom.me site. Modifications may include, for example, changes to the percentages paid, charges for use of the site, participation requirements, payment procedures, and other program requirements. If any modification is unacceptable to you, your only recourse is to terminate this operating agreement, by deactivating your From.me theme. Your continued participation in the program following our posting of a change notice, revised operating agreement, or revised Terms and conditions of sale on the MoreFrom.me site will constitute your binding acceptance of the change.
You and we are independent contractors, and nothing in this Operating Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us or our respective affiliates. 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 contradicts or may contradict anything contained in this agreement or in the MoreFrom Group terms and conditions of sale.
We will not be liable for indirect, incidental, special, consequential, or exemplary damages (including any loss of revenue, profits, goodwill, use, or data) arising in connection with this operating agreement, the MoreFrom.me site, or any of the services we offer, even if we have been advised of the possibility of those damages.
The program, the MoreFrom.me site, and products and services offered on our sites, links, documentation, content, our trademarks, our partner site names and logos, all technology, software, functions, data, images, text and other information provided by or on behalf of us or our suppliers in connection with the program are provided “as is”. Neither we nor any of our suppliers make any representation or warranty of any kind, whether express, implied, statutory, or otherwise with respect to the service offerings. Except to the extent prohibited by applicable law, we and our suppliers disclaim all warranties with respect to the service offering, including any implied warranties of merchantability, satisfactory quality, fitness for particular purpose, non-infringement, and quiet enjoyment, and any warranties arising out of any course of dealing, performance, or trade usage. We may discontinue any service offering, or may change the nature, features, functions, scope, or operation of any service offering, at any time and from time to time. Neither we nor any of our suppliers warrant that the service offerings will continue to be provided, will function as described, consistently or in any particular manner, or will be uninterrupted, accurate, error free, or free of harmful components. Neither we nor any of our suppliers will be responsible for any errors, inaccuracies, or service interruptions, including system failures or any unauthorized access to or alterations of, or deletion, destruction, damage, or loss of, your site or any data, images, text, or other information or content. No advice or information obtained by you from us or from any other person or entity or through the program, content, operational documentation, or our sites will create any warranty not expressly stated in this operating agreement. Further, neither we nor any of our suppliers or manufacturers will be responsible for any compensation, reimbursement, or damages arising in connection with any loss of prospective profits or revenue, anticipated sales, goodwill, or other benefits, any investments, expenditures, or commitments by you in connection with this operation agreement or your participation in the program or any termination of this operating agreement or your participation in the program.
You acknowledge and agree that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Operating Agreement or operate sites that are similar to or compete with your site. You may not assign this Operating Agreement, by operation of law or otherwise, without our express prior written approval. Subject to that restriction, this Operating Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Operating Agreement will not constitute a waiver of our right to subsequently enforce this provision or any other provision of this Operating Agreement. In the event of any conflict between this Operating Agreement and the Operational Documentation, this Operating Agreement will control.