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Bennetts Referral Scheme - Terms and Conditions

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These terms and conditions apply to all referrals to the Bennetts Website under the Bennetts Referral Scheme from 1st August 2008 ("Referrals") to the exclusion of all other terms and conditions. All Referrers will be deemed to have accepted these terms and conditions by making Referrals.

1.Duties of the Referrer
1.1Referrers agree to promote the services offered by Bennetts in connection with the sale, arrangement and administration of Motorcycle Insurance by displaying and distributing advertising materials and business cards provided by Bennetts and by making Referrals.
1.2Referrers are not authorised to offer any advice on behalf of Bennetts in connection with any insurance beyond recommending Bennetts as an intermediary able to arrange Motorcycle Insurance.
1.3Referrers are not authorised to arrange any insurance nor to commit Bennetts in any way and nothing in these terms and conditions shall result in the Referrer being construed as Bennetts' agent.
2.Payment
2.1Payment will be made in line with the commission structure agreed between Bennetts and the Referrer for each Motorcycle Insurance Policy sold by it as a result of a Referral. Bennetts has the right to change this level of commission at any time.
2.2Fees will only be paid provided that:
•Reference Numbers allocated by Bennetts are provided by clients via the Bennetts Website when the Referral is made.
•Policies remain in force for at least 30 days.
•Bennetts receives the full amount of the premium or (where payment is to be made in instalments) the first instalment of premium.
•The client's details are not included in Bennetts database as having had a motorcycle policy with Bennetts at any time during the 24 months prior to the Referral being made.
2.3No fees will be payable in respect of policy renewals.
2.4After any month during which the conditions set out in paragraph 2.2 above were met in respect of any policies sold by Bennetts as a result of Referrals, Bennetts will send that Referrer a statement showing the number of policies sold together with the remittance for the fees due.
3.Policy Administration
Bennetts shall determine whether, and on what basis, it is able to provide a quotation for Motorcycle Insurance in response to any Referral and will be solely responsible for the arrangement and administration of all Policies sold in accordance with its normal procedures.
4.Information and Materials
4.1All information which may be made available to Bennetts in connection with any Referral shall be freely available for use by Bennetts as it thinks fit subject to the obligations of Bennetts and all Referrers to comply with the provisions of the Data Protection Act 1998.
4.2All Referrers are required to treat as confidential all information relating to the clients, business partners, finances, operations, business activities or affairs of Bennetts other than information which is in or comes into the public domain or information made available by a third party free from obligations of confidentiality.
5. Intellectual Property
5.1 All advertising materials, business cards and other materials, which may be made available by Bennetts in connection with, the operation of the Bennetts Referral Scheme and all rights therein shall be and remain the sole property of Bennetts. Nothing in these terms and conditions shall be construed as granting to either party any right to use any of the names, logos, trademarks, confidential information or intellectual property rights of the other party.
5.2 Neither party shall knowingly use any of the brand names, trade names or trade marks owned or used by the other party or any words or phrases which are substantially similar to or misspellings of any such brand names, trade names or trade marks, as domain names, metatags or as bidding/search terms on search engine sponsored link programmes including (without limitation) Yahoo, Google Adwords, MSN, Miva, Miragi, BT Looksmart, Yell.com and any subsequent companies that enter the sponsored link market, or for any means of promotion that has not been approved in writing by the other party.
6.General
6.1Bennetts may withdraw the Bennetts Referral Scheme or vary the fees payable or otherwise amend these terms and conditions at any time.
6.2Bennetts shall use its reasonable endeavours to comply with the terms of its Guarantee. In the event that the Referrer is dissatisfied with the service provided by Bennetts, Bennetts shall, at its complete discretion, consider whether any additional commission payment may be due to the Referrer.
6.3Bennetts decision in relation to all disputes with any Dealer shall be final and binding on the parties.
6.4These terms and conditions shall be governed by English law and the parties agree to submit to the non-exclusive jurisdiction of the courts of England and Wales.