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Mutual Website Linking Agreement










The First Party”

(Name and address of the First Party)


Who is the owner of “the First Website”

(Domain name and URL of the First Party’s website)






The Second Party”

(Name and address of the Second Party)


Who is the owner of “the Second Website”

(Domain name and URL of the Second Party’s website)






  1. Interpretation

    1. Except where the context requires otherwise, words importing the masculine shall include the feminine; words importing the singular shall include the plural; words importing natural personage shall be equally applicable to corporate personage and vice versa

    2. References to any statutory provision, authority, rule or code of practice shall be deemed to include the amended versions, replacements or successors of such.

    3. No term of this agreement or course of dealings between the Parties will operate to make either Party an agent or employee of the other.

  2. Definitions

    1. Confidential Information” means any and all information disclosed (whether directly or indirectly or orally or by any other means and whether marked confidential or not) by either Party to the other Party either before, on, or after the execution of this Agreement, which at the time of disclosure is not already part of the public domain and which relates to any business, concept, invention or idea or the execution thereof or to any related manner, including, but not limited to, the following classes of information:

      1. Financial information, accounts or records

      2. Commercial and marketing information, plans or strategies or market research data

      3. Electronic or technical information, data, designs or specifications

      4. Information concerning internal procedures and processes

      5. Know-how and industrial or trade secrets

      6. Projections or forecasts

    2. End user” shall mean any person who makes use of a web browser to access and view web pages.

    3. link” shall mean a hyperlink, in whatever form, which can be clicked on by an End User to direct that End User to a web page.

  3. The Link & Referral of End Users

    1. The Parties have entered into an agreement whereby each Party will place on his website (as set out at the head of this document) a link to the other Party’s Website.

    2. Each Party will create and maintain on his website a link (“the Link”), which, when clicked on by an End user, directs that End User to the home page or index page of the other Party’s website (or to such other location on the other Party’s website as may be agreed).

    3. The style, formatting and placement of the Link shall be agreed separately between the Parties.

    4. Each Party shall make End Users aware that by clicking on the Link the End User will leave that Party’s website and will be directed to the other Party’s website.

    5. This Linking Agreement shall not be exclusive and nothing in its terms shall be interpreted as preventing either Party from entering into a linking agreement with any third person.

  4. Intellectual Property – Mutual Grant of License

For the term of this Agreement each Party grants of the other a gratuitous, royalty free license to make use of any of his trademarks or other intellectual property for the purposes of promoting the Link, albeit that each Party reserves the right to give directions on this use of his intellectual property and to prevent any use which he considers to be damaging to his branding, reputation or business.

  1. Data Protection and Data Sharing – Mutual Obligation

    1. Each Party shall provide to the other party information relating to all End Users who arrive at that Party’s website via the Link. Any information which is gathered relating to these End Users (including but not limited to email addresses) will be shared with the other Party.

    2. Each Party warrants to the other that all information gathering and sharing under section 5.1 will be carried out in compliance with the Data Protection Act 1998 and that, where necessary, the End User’s consent will be obtained to data being gathered and shared.

  2. Confidentiality – Mutual Obligation

Each of the Parties undertakes and covenants that at no time, whether during the term of this agreement or thereafter, shall he disclose or permit to be disclosed to a third person any Confidential Information which he receives from the other Party to this Agreement, save as that Party may expressly authorise in writing or as he is compelled by any court or administrative body of competent jurisdiction.

  1. Termination

    1. This agreement may be terminated by either Party upon days written notice served on the other at his address as set out below by personal service, registered post or first class post (or by email if an email address is provided). Notice sent by post shall be effective 48 hours after sending.


EXAMPLE - First Party’s address for service: Second Party’s Address for service:


    1. Without prejudice to the above, this Agreement may be terminated immediately where any of the following circumstances arise:

      1. Either Party commits a serious breach or persistent breaches of this agreement, including but not limited to the non-performance, neglect or default of any of his duties as outlined herein (including a failure on the part of the Client to make payment within agreed timescales), and after notice of this breach has been given to the defaulting Party it remains unremedied and unrectified 30 days after such notice.

      2. Either Party becomes insolvent or enters into a CVA or IVA.

      3. Either Party ceases to trade.

  1. Force Majeure

    1. Neither Party shall be liable for any delay or failure in performing its obligations or duties under this agreement which results from circumstances outside his reasonable control, including but not limited to acts of God, industrial action, war, fire, threat of terrorism, civil disturbance or rioting, government or regulatory action, breakdown in plant or machinery or shortage of raw materials or supplies.

  2. Warranty of Contractual Capacity

    1. Both Parties and the signatories to this agreement warrant that they are authorised and permitted to enter into this agreement, and have obtained all necessary permissions and approvals.

  3. Whole Agreement & Governing Law

    1. This document constitutes the entirety of the Agreement between the Parties. It supersedes any prior representations which may have been made, whether orally or in writing. Any modification to this agreement must be made in writing and signed by both Parties.

    2. This Agreement shall be governed by the Law of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts. The application of the United Nations Convention on the Sale of Goods is expressly excluded.


  4. Severability

    1. Nothing in these terms and conditions shall incur any rights on a third party, and no third party may enforce any provision of this contract under the Contracts (Rights of Third Parties) Act.
    2. All clauses, sub-clauses and parts thereof shall be severable and shall be read and construed independently. Should any part of this Agreement be found invalid this will not affect the validity or enforceability of any other provision or of this Agreement as a whole.


  5. Miscellaneous
  1. All terms, conditions and covenants contained in this Agreement shall bind the parties and their heirs, legal representatives, successors to title and permitted assignees.
  2. Neither Party shall assign or transfer any of their rights, liabilities or obligations arising under this agreement without the prior written consent of the other Party.

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