Policies: Privacy Policy

Privacy Policy

BONE FISH LTD wants its members to be aware of the information and personal details that it collects, how it is used, and under what circumstances (if any) the information is disclosed.

Website Management
Business Name: Bone Fish Ltd
Address: 3rd Floor, International House, Bell Lane
Country: Gibraltar
Website: http://www.bone-fish.com
Email: info@bone-fish.com

Information Collected
BONE FISH LTD respects each and every member’s and visitor's right to personal privacy. As a result, we only collect information on the website which we disclose in this PRIVACY POLICY. This POLICY applies to BONE FISH LTD and the information collected on this website.
Our servers do not recognise any information relating to the email address or domain for each and every visitor to our website.

The information that BONE FISH LTD collects is:
* used to improve the content and functionality of BONE FISH LTD.
* used to inform members and visitors about updates to BONE FISH LTD.
* never shared with other organisations for commercial purposes.

During the registration process, a user must supply certain contact information – however, BONE FISH LTD compromises to NEVER sell or distribute this information. This information is only gathered to contact the user about the SERVICES available on BONE FISH LTD, which they have expressed an interest in. It is optional for the user to provide demographic information (income, gender, sexual persuasion, etc.) and unique identifiers (username, password etc.). Giving additional information helps provide a more personal experience – but it is not imperative.

Notification of Changes
If BONE FISH LTD makes changes to its PRIVACY POLICY, these changes will be posted and/or communicated to members immediately.

Complaints
BONE FISH LTD aims to resolve all complaints and disputes within 2 working days. If you have any problems, please contact us either by:
* Email
* Post

Contact Information
Business Name: Bone Fish Ltd
Address: 3rd Floor, International House, Bell Lane
Country: Gibraltar
Tel: 00350 200 40513
Website: http://www.bone-fish.com
Email: info@bone-fish.com

Policies: Fraud Detection Policy

Fraud Detection & Affiliate Account Management Issues


Due to significant advances in chargeback defence and refund processing, Bone Fish Ltd would like to bring to your attention the new procedures and systems that it has implemented to combat fraudulent activity:


Fraud Detection
During the period between 2007 and 2008, BONE FISH LTD drastically lowered its CHARGEBACK rate. However, this has not been an easy feat. Instead of merely relying on the checks made by the credit card processors, BONE FISH LTD’s Fraud Department has also implemented a number of independent and exhaustive systems in an attempt to stamp out incidents which lead to CHARGEBACKS.


IP Filtering
BONE FISH LTD denies access to the BONE FISH LTD SERVICE those members whose IP addresses correspond to Eastern European, Russian and African countries. Members from these areas are blocked from using the SERVICE completely, and are consequently redirected to sites such as FriendFinder.


Message Velocity Checking
BONE FISH LTD has a MEMBER INSPECTION PROCEDURE in place to detect potential scammers. Members who send more than 20 messages within a 24-hour period are flagged and are consequently listed as “Potential Scammers”. On a daily basis the BONE FISH LTD Fraud Department completes manual checks on all of these members, and those that do prove to be using the service for immoral, libellous or defamatory purposes are removed and refunded immediately.


Suspicious Payments
Adhering to the BONE FISH LTD MEMBER INSPECTION PROCEDURE, any payments which are processed where the country of IP and card do not match, are reviewed manually – and action is consequently taken by BONE FISH LTD accordingly.


Photo Monitoring
With regard to member photographs and images, BONE FISH LTD executes and adheres to its MEMBER INSPECTION PROCEDURE on a daily basis. Imagery that is uploaded by members to a BONE FISH LTD affiliate site – and which is of a suspicious or false nature – is investigated without delay. Imagery that is deemed to be fraudulent is removed from the BONE FISH LTD SERVICE immediately.


Chargeback Defence
When it is brought to BONE FISH LTD’S attention that a member is requesting a CHARGEBACK for contracted services, BONE FISH LTD does its utmost to defend the CHARGEBACK to the payment processor in question. As such, BONE FISH LTD supplies the payment processor with all relevant information and details regarding the member and at all times, supports and defends the CHARGEBACK and the reasons behind it.


Refunds and Chargebacks
All refunds and CHARGEBACKS are processed manually by BONE FISH LTD and are verified for accuracy. Typically, a proportion of these fund reimbursements are duplicate payments. Duplicate payments on the BONE FISH LTD SERVICE account for approximately 2% of the total transactions.


High Risk Sites
As from April 2008, BONE FISH LTD is to implement a monitoring system in which all affiliate sites are screened on a site-by-site basis rather than an affiliate-basis to determine the level of risk produced by the site. This BONE FISH LTD MONITORING PROCEDURE draws attention to HIGH RISK SITES on the BONE FISH LTD SERVICE. At present, there are a selection of BONE FISH LTD HIGH RISK SITES that are generating as much as 70% CHARGEBACKS and refunds. With this in mind, sites such as these will have their price bands lowered to £5.99 and may even be removed.


The Banks View
BONE FISH LTD aims to keep the chargeback rate below 1% and – to date – has been successful. This percentage (1%) is based on the revenue generated by BONE FISH LTD affiliate sites. By reducing the price band to £5.99 from £12-£16 per transaction, BONE FISH LTD will be consequently reducing the effect of CHARGEBACKS in HIGH RISK SITES by 60%.

BONE FISH LTD would like to draw attention to the fact that its top 25 HIGH RISK SITES are responsible for 40% of all CHARGEBACKS. Therefore, it is imperative that BONE FISH LTD takes action to ensure that this situation is improved. BONE FISH LTD compromises to work alongside its affiliates to help find ways to reduce the level of CHARGEBACKS on affiliate sites, and will do its utmost to accommodate affiliates where possible.


For further information please contact the Affiliate Department:

BONE FISH LTD
3rd Floor
International House
Bell Lane
Gibraltar

Tel: 00350 200 40335
Email: affiliates@bone-fish.com

Policies: Email / Anti-Spam Policy

Email / Anti-Spam Policy

The purpose of this policy is to ensure the proper use of the BONE FISH LTD email system, and to ensure that all members are aware of what BONE FISH LTD deems as acceptable (and unacceptable) with regard to the use of its email system.

BONE FISH LTD reserves the right to amend this policy at its own discretion. Nevertheless, any amendments that are made shall be communicated to all members in an appropriate manner and appropriate time frame.

LEGAL RISKS
Email is a business communication tool and BONE FISH LTD is obliged to use this tool in a responsible, effective and lawful manner. Although by its nature email seems to be less formal than other written communications, the same laws apply. Therefore, it is important that members are aware of the legal risks that are associated with emails:

• If you send emails with any libellous, defamatory, offensive, racist or obscene remarks, you and BONE FISH LTD can be held responsible.
• If you forward emails with any libellous, defamatory, offensive, racist or obscene remarks, you and BONE FISH LTD can be held responsible.
• If you unlawfully forward confidential information, you and BONE FISH LTD can be held liable.
• If you unlawfully forward or copy messages without permission, you and BONE FISH LTD can be held liable for copyright infringement.
• If you send an attachment that contains a virus, you and BONE FISH LTD can be held liable.

By following the guidelines in this policy, the email user can minimize the legal risks involved in the use of email communications. If any user disregards the rules set out in this email policy, the user will be fully liable and BONE FISH LTD will disassociate itself from the user as far as legally possible.

LEGAL REQUIREMENTS
The following rules are required by law and should be strictly adhered to.
It is prohibited to:
• Send or forward emails containing libellous, defamatory, offensive, racist or obscene remarks. If you receive an email of this nature, you must promptly forward it to customer.services@bone-fish.com.
• Forward a message without acquiring previous permission from the sender.
• Send unsolicited email messages.
• Forge or attempt to forge email messages.
• Disguise or attempt to disguise your identity when sending mail.
• Send email messages using another person’s email account.
• Copy a message or attachment belonging to another user without express permission from the originator.

PERSONAL USE
It is strictly forbidden to use the BONE FISH LTD email system for anything other than legitimate purposes. This includes the sending of chain letters, junk mail or other types of non legitimate email. All messages distributed via the company’s email system are the property of BONE FISH LTD.

CONFIDENTIAL INFORMATION
Never send confidential information via email. If you are in doubt as to whether to send certain information via email, consult with the Customer Services Department. Refrain from sending telephone numbers, mobile numbers and postal addresses – the sending of this information can lead to potential problems.

SYSTEM MONITORING
Members expressly surrender any right of privacy in anything they create, store, send or receive on the BONE FISH LTD system. BONE FISH LTD can – but is not obliged to – monitor emails without prior notification. If there is evidence that a MEMBER is not adhering to the guidelines set out in this policy, BONE FISH LTD reserves the right to remove his/her profile without prior notice.

DATABASE MAINTENANCE
BONE FISH LTD carries out the following processes to ensure the database is kept clean and valid:
• BONE FISH LTD processes bounces and other replies, and does its utmost to keep bounces below 10% of all messages sent.
• Outbound email servers have valid reverse DNS entries.
• Standard role email account, including abuse and postmaster registered with abuse.net. (Accurate maintenance of database information).
• Valid SPF and DKIM records are attached to each email sent.
• Feedback loop complaints are resolved within 2 working days.

TO UNSUBSCRIBE
If you decide that you do not wish to continue with the BONE FISH LTD SERVICE, you can unsubscribe by clicking on the link provided in any email message sent by BONE FISH LTD. Alternatively, you can remove your account information directly from the website by entering “My Account” – after logging in – and clicking on the link marked "Remove Old Addresses". In addition, you can contact services at customer.services@bone-fish.com. All emails sent by BONE FISH LTD contain links to both the MEMBER’S account page and also the cancellation page.

CANCELLATION OF ACCOUNT
BONE FISH LTD will remove a MEMBER from the SERVICE as quickly as possible. Once the account has been cancelled, no further emails will be sent to the MEMBER in question.

EMAIL FREQUENCY
BONE FISH LTD cannot guarantee the number of emails a member will receive on a daily basis. BONE FISH LTD will only send the MEMBER emails which it deems to be of interest. As a result of the member matching system, members in highly populated areas may – from time to time – receive large numbers of matches and emails from other members.

EMAIL TYPES
BONE FISH LTD will send newsletters, top members, member replies and member matches to a member's email account.

THIRD PARTY COMPANIES
BONE FISH LTD will not sell or redistribute a MEMBER’S information or details to any third party. The information provided by the MEMBER will reside solely on the BONE FISH LTD servers.

COMPLAINTS
If a MEMBER or individual feels their email address is being abused, BONE FISH LTD can be informed at the following email address: mike.fitzgerald@bone-fish.com.

EMAIL DISCLAIMER
The following disclaimer is attached to the bottom of each email:
‘This email and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error, please email: customer.services@bone-fish.com.

Please note that any views or opinions presented in this email are solely those of the MEMBER and do not necessarily represent those of BONE FISH LTD.

Finally, the recipient should check this email and any attachments for the presence of viruses. The company accepts no liability for any damage caused by any virus transmitted via this email.’
The contact details for BONE FISH LTD are included on each email sent to the MEMBER.

FURTHER QUESTIONS
If you have any questions or comments about this email policy, please contact Mike Fitzgerald on 00350 200 40335 or email: mike.fitzgerald@bone-fish.com. If you do not have any questions, BONE FISH LTD will be under the impression that you understand and are aware of the rules and guidelines set out in this Email Policy, and will thus duly adhere to them.


Contact Details

Address: BONE FISH LTD
3rd Floor
International House
Bell Lane
Gibraltar

Telephone: 00350 200 40513

Policies: Terms and Conditions of Use - Members

Terms and Conditions of Use: Participation and Disclaimer


1. INTRODUCTION
1.1 These Terms and Conditions outline a member’s rights and obligations and those of BONE FISH LTD - a company registered in Gibraltar under number 89021 in relation to this site, the networking services and other services provided by BONE FISH LTD (herein also referred to as “the SERVICE” “we” or “us”).

1.2 By registering as a member and by participating in and using the SERVICE, the MEMBER accepts these Terms of Use and agrees to be bound by them.

1.3 Members to the SERVICE who do not opt for a paid subscription also affirm that they are bound by these Terms of Use each time they access the SERVICE or use parts of the SERVICE that they are permitted to use without obtaining a paid subscription.

1.4 You, the MEMBER, should be aware that these Terms of Use may be amended in accordance with Clause 13 below.


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2. MEMBERSHIP
2.1 Individuals who register with the SERVICE are known as “members”. Members must be at least 18 years of age and by registering as a member, you confirm that you are above this age.

2.2 As well as being permitted to browse the SERVICES, members may access the following areas:
· Rate Members (on certain sites)
· Video Chat (at certain times)
· Access to Special Offers
. Bookmark Members
. Receive Member Communications


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3. BONE FISH LTD’S OBLIGATIONS
3.1 Whether you are a member or a visitor to the SERVICE, you acknowledge that BONE FISH LTD is not (and cannot) be held responsible for the behaviour or communications of other members or visitors – whether on the SERVICE or outside of the SERVICE. BONE FISH LTD only provides a venue for members and others to access the SERVICE.

All members should be aware that BONE FISH LTD does not pre-screen or monitor the material that is contributed by other members.


3.2 BONE FISH LTD does, however, have in place a Privacy Policy (which members are able to access by clicking on*), which forms part of the AGREEMENT with our members. As part of this policy:-
3.2.1 Members authorise BONE FISH LTD to disclose NON-sensitive personal data to other parties - unless specifically indicated by the MEMBER that they do not wish BONE FISH LTD to do so.
3.3.2 BONE FISH LTD pledges NOT to disclose sensitive personal data without the express consent of the MEMBER.


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4. MEMBER’S OBLIGATIONS
4.1 The MEMBER is solely responsible for the content, quality and accuracy of the information that he/she provides.

4.2 The MEMBER may not post, transmit or otherwise use any information gained from BONE FISH LTD’s website without the express permission of either BONE FISH LTD or the author of the aforementioned information.

4.3 The MEMBER shall not interfere or attempt to interfere with the operating of the website in any way, nor – by any means and/or device – including, but not limited to: spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these Terms of Use.

4.4 The Member shall not use any BONE FISH LTD website to transmit vulgar, racist, libellous, third-party advertising, telephone/SMS/email details or otherwise offensive and/or illegal material of any kind. For a list of unacceptable material please contact customer.services@bone-fish.com.

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5. BONE FISH LTD’S RIGHTS
5.1 BONE FISH LTD may – but is not obligated to – monitor the SERVICES and the information contained on it, to maintain the network and protect the rights of the users.

5.2 BONE FISH LTD reserves the right to decide upon the way and means of displaying the information provided by BONE FISH LTD’s users, including (but not limited to) deciding upon conditions for priorities in search results. BONE FISH LTD shall not be required to disclose any of these conditions, being BONE FISH LTD of intellectual property.

5.3 BONE FISH LTD reserves the right to remove any material at any time – at its sole and absolute discretion – including (but not limited to) removing profiles with invalid e-mail addresses, removing multiple users profiles, or similar. BONE FISH LTD also reserves the right to refuse any material deemed offensive, racist or otherwise unfit, including libellous, third-party advertising, telephone/SMS/email details or otherwise offensive and/or illegal material of any kind.

5.4 BONE FISH LTD reserves the right, without prior notice, to cancel the access and/or membership of any user who does not comply with these Terms of Use or any guidance notes on the SERVICE, and the MEMBER – in these circumstances – shall NOT be entitled to any refund.

5.5 BONE FISH LTD reserves the right – regardless of the reason – at its sole discretion, to terminate, change, suspend or discontinue any aspect of the website, including (but not limited to) content, features or hours of availability. BONE FISH LTD may also impose limits on certain features and services or restrict a member’s access to parts (or the entire website) without prior notice or liability.

5.6 BONE FISH LTD may, from time to time, provide access to third party sites for the benefit of members. BONE FISH LTD is under no liability for any material displayed or any contacts made through their sites, or for any loss suffered, or for any other sites which members may be able to access through the SERVICE.

5.7 In the event of any disagreement between members, BONE FISH LTD reserves the right to resolve any disputes. BONE FISH LTD’S decision shall be final in the aforementioned matter.


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6. INTELLECTUAL PROPERTY
The MEMBER acknowledges that all copyright, trade marks and other intellectual property rights in – and relating to – the BONE FISH LTD SERVICE (including the material which is contributed by members) is owned by BONE FISH LTD. Although the copying of material on a BONE FISH LTD site is relatively simple, IT IS ILLEGAL. As such, members may not copy, distribute, show in public or create any derivative work relating to the BONE FISH LTD SERVICE, or any material which is found on the BONE FISH LTD SERVICE unless properly licensed to do so by BONE FISH LTD itself.

By submitting any information/material to the content of the BONE FISH LTD SERVICE, you, the MEMBER:-
(a) Pledge that you are fully entitled to do so;
(b) Grant BONE FISH LTD a non-exclusive, royalty-free, non-terminable license right to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere;
(c) Authorise BONE FISH LTD to adapt the relevant material in the course of doing so, and thus waiver your moral rights to object to any derogatory treatment, or to be identified as the author of the material in question.


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7. EXCLUDED LOSS
BONE FISH LTD will not be liable to you, the MEMBER, or any third party for any indirect or consequential loss or damage, for any loss of data, profit, revenue or business however caused – whether arising out of any negligence or breach of these Terms of Use or otherwise – or any claim for defamation or libel. BONE FISH LTD will also not be held responsible for any failure to perform any of its obligations under this AGREEMENT caused by matters beyond its reasonable control.


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8. MAXIMUM LIABILITY
Without limiting the preceding clause during any period of twelve months, the aggregate liability of BONE FISH LTD under these Terms of Use – whether arising in negligence or otherwise – will not, under any circumstance, exceed the greater of:
(a) £10.00; or
(b) the amount equal to the sums paid by the MEMBER to BONE FISH LTD by way of membership fees during the relevant period of twelve months – regardless of the cause or form of action.


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9. NON-EXCLUDED LIABILITIES
Nothing in this AGREEMENT limits BONE FISH LTD’s liability for death or personal injury resulting from our negligence, or any other liability which may not – by law – be excluded. Any statutory rights you may have as a consumer will remain unaffected.


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10. INDEMNITY
As the MEMBER, you agree to indemnify BONE FISH LTD against all liabilities, claims and expenses that may arise from any breach of these Terms of Use of the SERVICE by you or through a device through which you access the SERVICE.


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11. ASSIGNMENT
BONE FISH LTD reserves the right to assign this AGREEMENT, and to assign or subcontract any or all of our rights and obligations under this AGREEMENT. You, the MEMBER may not, without the written consent of BONE FISH LTD, assign this AGREEMENT.


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12. ENTIRE AGREEMENT
These Terms of Use include the BONE FISH LTD PRIVACY POLICY. Together, they contain the entirety of the AGREEMENT that binds us and you, concerning the BONE FISH LTD SERVICE. Such documents replace all earlier agreements and understandings with you, the MEMBER – except for any fraud or fraudulent representations by either party. Any person who is not a party to this AGREEMENT has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any terms of this AGREEMENT.


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13. CHANGES TO THIS AGREEMENT
BONE FISH LTD reserves the right to amend this AGREEMENT and to post the amended version on the BONE FISH LTD SERVICE websites. When this is the case, BONE FISH LTD pledges to notify the MEMBER of these revised terms on the main screen of the SERVICE, (http://www.bone-fish.com/dc2/dcframe/members/joiningdisclaimer.asp), and the amended version of the Terms and Conditions will duly take effect and will govern all BONE FISH LTD SERVICES and the MEMBER’S relationship with BONE FISH LTD:

(a) commencing four weeks after the date of posting (or such later date as BONE FISH LTD indicates in the relevant posting), if any of the changes are to an operative provision of this AGREEMENT, which is capable of adversely affecting you; if you do not wish to be governed by the new version of the AGREEMENT, you may notify us on – or before – the date when the new version of the AGREEMENT is to take effect, and from that date you must cease to use the BONE FISH LTD SERVICE; or

(b) immediately on the date of posting (or such later date as BONE FISH LTD indicates in its relevant posting), if the changes are not to operative provisions, or are not capable of adversely affecting the MEMBER – examples of which would include (without limitation), changes to one or more of BONE FISH LTD’s addresses or e-mail addresses as referred to in this AGREEMENT.


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14. SEVERABILITY
In the event that any term of this AGREEMENT is held to be invalid or unenforceable by judicial decree or decision, the remainder of this AGREEMENT shall remain valid and enforceable.


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15. LAW
This AGREEMENT shall be governed by and construed in accordance with the laws of England and Wales.


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16. CANCELLATION POLICY
16.1 A MEMBER may cancel his/her subscription at any time by visiting the BONE FISH LTD Helpdesk (http://helpdesk.bone-fish.net/). The MEMBER must include his/her member ID and contact BONE FISH LTD with the email address the MEMBER first registered with. The cancellation will take effect five working days AFTER the NOTIFACTION OF THE CANCELLATION IS RECORDED.

16.2 At present, all members receive an unlimited free trial before subscribing to contact other members. Due to members being able to sample the quality of the networking site at no cost – and due to members gaining immediate use of the SERVICE – BONE FISH LTD does not offer refunds of purchased time for the remaining period of the membership, regardless of the duration of the subscription.

16.3 Billing queries must be brought to BONE FISH LTD’S attention by the next billing cycle. BONE FISH LTD is not liable for any payments exceeding one subscription payment. Queries regarding this matter can be submitted via the Help Desk or by emailing: customer.services@bone-fish.com.
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17. CONSENT
Following the Terms and Conditions set out in this AGREEMENT, members offer their consent with respect to BONE FISH LTD passing on information regarding the said MEMBER to other individuals. These individuals may be located in countries outside of the UK which may not have sufficient Data Protection laws to protect a member’s personal information. However, a member’s records will continue to be handled in accordance with the BONE FISH PRIVACY POLICY, although the member may no longer have rights under the UK and European Data Protection law.


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Contact Details

Address: BONE FISH LTD
3rd Floor
International House
Bell Lane
Gibraltar

Telephone: 00350 200 40513

Policies: Terms and Conditions - Affiliates

Affiliate Agreement

Please read the terms and conditions before applying for the BONE FISH LTD SERVICE.

1) Terms of Agreement
The terms of this AGREEMENT will commence following the acceptance of the “AFFILIATE APPLICATION” and will terminate when ended by either party. Both the “AFFILIATE” and “BONE FISH LTD” may terminate this AGREEMENT at any time – with or without cause – by providing the other party with written notice of the termination. The AFFILIATE is only eligible to earn referral fees on sales occurring during the active term.

Causes for termination include:
The use of unsolicited email/spam to promote the BONE FISH LTD SERVICE or programme is the principal cause for termination of a BONE FISH LTD affiliate programme. If the AFFILIATE uses spam to promote the SERVICE, notification will be received regarding the termination of the account. If the AFFILIATE or BONE FISH LTD terminates the account 'without cause', then all monies owed to the AFFILIATE will be honoured. Thus, any and all commissions outstanding during the AGREEMENT term will be duly paid. If the amount outstanding is lower than the standard minimum payment level of £50, the transaction will be subject to a processing fee of £10.

1.1) Privacy
To protect the AFFILIATE’S right of privacy, at any time he/she is permitted to refuse receipt of any promotional material derived from the company BONE FISH LTD (i.e. newsletters and sales promotions via email). The AFFILIATE can unsubscribe from all affiliate communications by sending an email request to the following email address: affiliates@bone-fish.com.

1.2) Mediation
Any issues or discrepancies regarding outstanding commissions will be dealt with within 7 days of BONE FISH LTD receiving notification by email. All such matters will be handled by the director of BONE FISH LTD, Michael Fitzgerald. Queries may be raised via email to: mike.fitzgerald@bone-fish.com or by post to:

Michael Fitzgerald
Bone Fish Ltd
3rd Floor
International House
Bell Lane
Gibraltar

1.3) Tracking
Visitors to the BONE FISH LTD SERVICE are tracked using third party software. Any visitor who becomes a member as a direct result of an Affiliate referral will be tagged in the BONE FISH LTD MEMBER DATABASE – this information will be accompanied by the relevant Affiliate reference code and thus, all sales made as a result of this referral will de duly honoured. Those clients that have not rejected company mail shots will receive notification of future product launches via email, using a URL recognised by the affiliate tracking software to further credit ongoing sales from the aforementioned mail shot. However, although all such mail shots are to be distributed in good faith, BONE FISH LTD cannot be held responsible for any ongoing commissions to clients tagged with an Affiliate ID reference code that did not originate from any such email campaign.

1.4) Reporting
AFFILIATES will be able to access sales records through their affiliate administration panel (http://login.bone-fish.net). Access details will be supplied upon acceptance of an AFFILIATE APPLICATION. Real-time statistics will thus be available subject to server performance - plus other information regarding sales, outstanding commissions and conversion rates. Historical data on a monthly basis of past performance is also accessible.

1.5) International Affiliates
International affiliates are welcome to join the BONE FISH LTD programme and SERVICE. All payments made will be in POUNDS STERLING, EUROS or US DOLLARS on a monthly basis. International affiliates who would prefer a higher minimum cheque payment to reduce their bank costs are invited to discuss reviewed limits.

1.6) Predatory Advertising
BONE FISH LTD compromises not to use predatory advertising methods designed to generate traffic from sites they have not contracted for the online promotion of products, services and affiliate programmes. The AFFILIATE compromises not to use any predatory advertising methods in the promotion of affiliate products, services or affiliate programmes. Predatory advertising is defined as any method that creates or overlays links or banners on web sites, spawns browser windows, or any other method intended to generate traffic from a website without that website’s expressed written permission.
Examples include, but are not limited to, keyword parsing browser plugins (such as TopText and Surf+), banner replacement technology such as Gator, and browser spawning technology that is not website dependent. Participation in predatory advertising programmes will be cause for the immediate termination of an affiliate’s account.

2) Commission Payments
BONE FISH LTD will pay up to 50% commission (net of all due taxes) following the full payment of any membership sale. Payments will be made every 30 days and will be made in the form of a cheque payable in sterling to the 'Payee', as described in the administration centre. The AFFILIATE is held responsible for his/her own tax liabilities in relation to this payment.

2.1 Commission Threshold
The minimum payment level is £50 or $50 – depending on the currency that the AFFILIATE has requested regarding the receipt of cheques. Outstanding amounts under this figure will be carried forward to the following sales period, until such a time when the accumulated commission fee reaches the £50 or $50 threshold. Commissions against sales that are rejected upon credit card authorisation or otherwise, (refunds, charge-backs, etc) will be deducted from an AFFILIATE’S account following commission payment.

2.2 Commission Payment Timescale
All cheques and payments sent by BONE FISH LTD must be deposited within 120 days of the issue date. Any enquiries or queries relating to payments must be also made within this time frame. It is the responsibility of the AFFILIATE to ensure that they themselves monitor and record the receipt of payments.

3) Modification
At any time, BONE FISH LTD reserves the right to amend the Terms and Conditions contained in this AGREEMENT and compromises to circulate a notification in writing to all affiliates. However, this notification will only apply to those affiliates that have not declined or refused the receipt of BONE FISH LTD email communications.

Amendments applicable to these the Terms and Conditions may include: changes in the scope of available referral fees, fee schedules, payment procedures and programme rules. However, any and all changes to this AGREEMENT shall be in made in good faith – and BONE FISH LTD compromises to ensure that the AGREEMENT shall not be altered to purposely avoid the payment of due commissions or similar.
Any extensive change that is likely to directly affect the nature of the affiliate programme i.e. changes to the commission structure, shall be notified at least 14 days before the event or modification, and shall be done in writing via an email notification. These changes shall also be updated in the onsite AGREEMENT. Email notification will only apply to those affiliates that have not declined or refused the receipt of BONE FISH LTD email communications.

IF AN AFFILIATE IS IN DISAGREEMENT REGARDING ANY SUCH MODIFICATION, HE/SHE IS PERMITTED TO TERMINATE THE CONTRACT BETWEEN HIM/HERSELF AND BONE FISH LTD. THIS WOULD BE THE ONLY COURSE OF ACTION APPLICABLE – AND THE ONLY RECOURSE FOR THE AFOREMENTIONED AFFILIATE. AN AFFILIATE’S CONTINUED PARTICIPATION IN THE PROGRAMME FOLLOWING NOTIFICATION FROM BONE FISH LTD IN THE FORM OF A POSTING, AMENDMENT NOTICE OR NEW AGREEMENT WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

4) Limitation of Liability
BONE FISH LTD will not be liable for indirect, special or consequential damages. It will also not be liable for any loss of revenue, profits or data arising in connection with this AGREEMENT or the programme – even if BONE FISH LTD has been advised of the possibility of such damages. Furthermore, BONE FISH LTD’S aggregate liability arising with respect to this AGREEMENT and the programme will not exceed the total referral fees paid or be payable to an affiliate under this AGREEMENT.

5) Independent Investigation
THE AFFILIATE ACKNOWLEDGES THAT THIS AGREEMENT HAS BEEN READ AND UNDERSTOOD, AND AGREES TO ALL TERMS AND CONDITIONS SET OUT ABOVE. THE AFFILIATE UNDERSTANDS THAT BONE FISH LTD MAY, AT ANY TIME (DIRECTLY OR INDIRECTLY), SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT, OR OPERATE WEBSITES THAT ARE SIMILAR TO (OR COMPETE WITH) THE AFFILIATE SITE. THE AFFILIATE HAS INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAMME AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THAT SET FORTH IN THIS AGREEMENT.

6) Miscellaneous
This AGREEMENT certifies that the BONE FISH LTD SERVICE (http://www.bone-fish.com) and product meets the legal requirements of the United Kingdom.

This AGREEMENT will be governed by the laws of the United Kingdom, without reference to the rules governing the choice of laws. The AFFILIATE may not assign this AGREEMENT by operation of law or otherwise, without BONE FISH LTD’S prior written consent. Subject to that restriction, this AGREEMENT will be binding, inure to the benefit of – and be enforceable against – the parties and their respective successors and assigns. BONE FISH LTD’S failure to enforce an affiliate’s strict performance of any provision of this AGREEMENT will not constitute a waiver of BONE FISH LTD’S right to subsequently enforce such provision or any other provision of this AGREEMENT.



Contact Details

Address: BONE FISH LTD
3rd Floor
International House
Bell Lane
Gibraltar

Telephone: 00350 200 40335