Affiliate Agreement

This Agreement constitutes the entire terms and conditions that apply to the Musicroom.com Affiliate Programme (the "Programme"). As used in this Agreement, "we" means Musicroom.com, and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to Musicroom.com's site or to the site that you will link to our site.

1. Application and Approval

To apply to join the Programme, you must submit a complete Programme application on our site. Once we have evaluated your application, we will inform you of its acceptance or rejection. Your application will be rejected if we decide, at our sole discretion, that your site is unsuitable for the Programme on certain grounds which include but are not limited to those that: promote or encourage sexually explicit materials; promote or encourage violence; promote or encourage discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; promote illegal activities; or infringe the intellectual property rights of others.

2. Order Monitoring

We will monitor and process orders for products placed by customers who follow special links from your site to our site. You will be able to obtain access to reports summarising this sales activity. The form, content, and frequency of the reports may vary from time to time at our sole discretion. To enable accurate monitoring, reporting, and commission collection, it is your responsibility to ensure that the special links between your site and our site are properly formatted and include your unique Affiliate ID. When a customer comes to our site from your links, our web server logs your Affiliate ID, and this is used to monitor orders which were referred by your site.

3. Duration of Cookie Tracking

The Musicroom Affiliate Cookie tracks sales for 30 days. This means that whenever a visitor clicks on one of your Affiliate links and comes through to Musicroom a cookie (a small file) is stored on their computer for a duration of 30 days. This cookie logs your Affiliate ID and if this visitor places an order on Musicroom at any time within those 30 days the commission will be attributed to your Affiliate Account. Please note that visitors can refuse cookies being stored on their computer or delete the existing cookies stored on their computer at any time. Musicroom.com declines any responsibility with regard to sales which could not be tracked or added to the Affiliate Account as a result of this.

4. Qualifying Products

In order for a product sale to qualify for a commission, the customer must follow a link in the format specified by us from your site to ours; purchase the product using our online ordering system; accept delivery of the product at the shipping destination; and remit full payment to us - what we call a payable purchase. We reserve the right to reject orders that do not comply with the prevailing requirements which we may impose from time to time, in which event no commission will be payable on such non-qualifying orders. We will credit your site for every payable purchase a customer makes.

You may not combine any discount obtained through one of our special accounts (such as our Educator’s discount) with any commission you may receive through an Affiliate Agreement between yourself and Musicroom.com.

Musicroom will monitor sales coming from Affiliate links on a regular basis; if we suspect that an Affiliate has received an Affiliate commission and a discount on the same order we will cancel the applicable Affiliate commission and may end the Affiliate relationship between the Affiliate in question and Musicroom.com.

5. Commissions

You will earn commissions based on the sale price of our products based on rates in force from time to time. The current commission rate ranges from 5% to 12% (see below) of the listed price (the price listed by the relevant product on our website) for all products featured on our site. We will pay commissions on a monthly basis 30 days following the end of the calendar month in which they are earned. Payment will be by bank transfer for the commissions earned on products that were shipped during the relevant month, less any withholding or other applicable taxes. Affiliates who are VAT-registered are responsible for applying VAT to their commission invoices. Commissions due for amounts under £25.00 will be withheld until the total amount due is at least £25.00 or, if earlier, until this Agreement is terminated. Commissions paid for returned products will be deducted from the corresponding commission of your next payment. If no commissions are payable during the following month, you will be invoiced for the overpayment.

Our commission structure is as follows:

• Get 5% commission next month if you make up to £99.99 worth of sales this month.
• Get 6% commission next month if you make between £100 and £199.99 worth of sales this month.
• Get 7% commission next month if you make between £200 and £399.99 worth of sales this month.
• Get 8% commission next month if you make between £400 and £999.99 worth of sales this month.
• Get 9% commission next month if you make between £1000 and £1,999.99 worth of sales this month.
• Get 10% commission next month if you make between £2000 and £3,999.99 worth of sales this month.
• Get 11% commission next month if you make between £4000 and £7,999.99 worth of sales this month.
• Get 12% commission next month if you make over £8000 worth of sales this month.

We will calculate affiliate sales for the previous month on the 1st working day of every month and increase the commission rate of any affiliate falling within one of the above categories appropriately at that point in time (i.e. the increased commission rate will only apply to sales which take place after this date and until the first working day of the next month, at which point sales will be monitored again and the commission rate adjusted accordingly).

We will increase commission rates based on the affiliate programme’s sales reporting figures.

However, individual affiliate commission rate modifications are operated at Musicroom’s discretion. Musicroom can refuse an increase or change an affiliate’s commission rate at any time, without prior notice and without having to give justification.

Affiliate sales will be monitored monthly and any affiliate who falls back under a commission threshold will see their commission rate fall back to the appropriate commission rate for that category.(Once an affiliate has reached a certain commission rate level that level is not definitive and it is the affiliate’s responsibility to keep their sales above the threshold in order to receive the higher commission rate the following month.)

6. Policies and Pricing

Customers purchasing products through this Programme will be treated as customers of Musicroom.com and will be subject to all our rules, policies, and operating procedures concerning customer orders, customer service, and product sales. Our policies and operating procedures may be varied from time to time including the prices of our products in line with our own pricing policies.

7. 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. Accordingly, you will be solely responsible for ensuring that materials posted on your site are not illegal and do not violate or infringe the rights of any third party including, but not limited to, copyrights, trademarks, privacy, or other personal or proprietary rights. We disclaim all liability whatsoever in respect of these matters. 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.

8. Advertising

We do not permit affiliates to use our Musicroom trademark (which means Musicroom, Music Room, musicroom and music room) in order to advertise their site. If any affiliates bid for any of these terms on paid search engines, we will request that the search engine disable the advertisement in question.

9. Term of the Agreement

The Term of this Agreement will commence upon our acceptance of your Programme application and will end when terminated by either you or us in accordance with this Agreement. Either party may terminate this Agreement at any time for any reason by giving the other party written notice of termination. You are only eligible to earn commissions on payable purchases occurring during the Term. Commissions earned prior to 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 in order to calculate adjustments for returns and cancellations.

10. Variation

We may vary 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. Variations may include changes in the scope of available commissions, commission schedules, payment procedures, and Programme rules.
If any variation is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the programme following our posting of a change notice or new agreement on our site will constitute binding acceptance by you of the change.

11. No Partnership

Nothing in this Agreement will create or be deemed to 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 Agreement.

12. Limitation of Liability

We will not be liable for any indirect, special or consequential damages or any loss of revenue, profits or data arising in connection with this Agreement or the Programme, even if we have been advised of the possibility of such. Further, our aggregate liability arising with respect to this and the Programme will not exceed the total commissions paid or payable to you under this Agreement.

13. Disclaimers

We make no express or implied warranties or representations with respect to the Programme or any products sold through the Programme 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.

14. Independent Investigation

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 programme and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.

15. Miscellaneous

The laws of England and Wales will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the courts of England and Wales, and you irrevocably consent to the jurisdiction of such courts. 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.

If you agree to the terms laid out in this Agreement then proceed to

If you need to contact us, please email affiliates@musicroom.com.