NECESSARYGOOD AFFILIATE PROGRAMME TERMS & CONDITIONSINTRODUCTIONThe NecessaryGood Affiliate Programme (the "Programme") is a UK programme, available by invitation only. This document sets out the terms and conditions ("Programme Terms") for participation in the Programme via AWIN's network.
By participating in the Programme, you ("Affiliate") are agreeing to abide by these Programme Terms.
ELIGIBILITY AND APPLICATIONParticipation in the Programme is by invitation only. We reserve the right to reject any application or terminate your participation at our sole discretion.
Your Affiliate Site must not contain or facilitate: a) Illegal activity; b) Discriminatory or hateful content; c) Pornographic content; d) Religious content; e) Political content; f) The offering of financial products and/or services; and/or g) Abusive or irresponsible promotion of gambling, tobacco, or drugs.
TERM AND TERMINATIONThese Programme Terms commence when you are accepted into the Programme and continue until terminated.
Either party may terminate your participation in the Programme at any time by giving written notice to the other party.
We reserve the right to terminate your participation in the Programme immediately and without notice if: a) You breach any of these Programme Terms; b) You engage in any fraudulent or unethical activity; c) Your Affiliate Site contains prohibited content as outlined. Upon termination or expiry: a) You must immediately cease using all NecessaryGood materials, branding, and links; b) You must return or delete any materials relating to our brand, retail offering, or the Programme; c) We will pay any outstanding Commission due to you, subject to validation;
AFFILIATE OBLIGATIONS
Legal Compliance: a) You agree to comply with all applicable laws and regulations in your participation in the Programme; b) You agree to conform to current good industry practice and any relevant regulatory guidance, including but not limited to advertising rules such as the CAP Code and ASA guidelines (or local equivalent).
Brand Representation: a) You agree to present our brand(s) in the same manner as we present ourselves; b) You will take reasonable care to use up-to-date images, ad-copy, and offers in your marketing; c) You will not represent your Affiliate Site as our official website or make similar representations; d) You must never infer you are the NecessaryGood brand; you may only speak 'about' or 'promote' the brand or our products.
Confidentiality: a) You agree to treat any information shared by AWIN and/or us as confidential, including details of our relationship and your Commission earnings; b) You agree not to publish any testimonials, case studies, and/or press releases in connection with the Programme without our prior written consent.
COMMISSIONS AND PAYMENTSCommission Rates: a) Commission rates may vary by publisher, influencer or product type. b) Commission rates will be offered by email or via AWIN; c) Commission rates may vary by Affiliate and depending on whether the customer is a New Customer or Existing Customer; d) We reserve the right to change Commission rates with 7 days' notice by email. We will not alter the Commission rate retroactively for transactions already validated or in progress.
Validation and Payment: a) Commissions are payable only on genuine Transactions; b) We will validate all Transactions to verify they are genuine; c) Upon approval, you will be paid the agreed Commission within 60 days of the transaction validation date; d) We validate based on last-click purchase only; e) Commission will be paid exclusive of VAT and delivery fee; f) Cookies will be tracked for 30 days.
Invalidations: a) Any canceled or returned orders will be invalidated within 60 days and will not receive Commission; b) All affiliate sales are de-duplicated against other online advertising channels, including but not limited to: Non-PPC Brand, Email Advertising, PPC brand, Display Advertising, and CSS Shopping.
MARKETING CHANNEL RESTRICTIONSSocial Content Creators & Influencers: a) All content must be ASA compliant; b) Content must include #ad and/or #Afflink as appropriate.
Email Marketing: a) When featuring NecessaryGood in emails to your database, you must adhere to NecessaryGood brand guidelines.
Social Media: a) You may feature NecessaryGood on social media platforms, adhering to NecessaryGood brand guidelines; b) You must not run a paid social media campaign using the brand terms without written consent.
Paid Search Policy: a) You must not run a paid search campaign using the brand terms without written consent; b) You are not permitted to register or bid on our pure brand terms, combined brand and generic terms, or misspellings, unless PPC rights have been pre-agreed.
Other Restrictions: a) No partner should run a CSS campaign using the brand terms without written consent; b) No partner should run a display campaign using the brand terms without written consent.
Promotions: a) You should only promote official voucher codes, sales, and offers communicated by NecessaryGood.
Compliance: a) Where the brand(s) are in a regulated industry, you agree to adhere to the relevant regulations; b) You agree to take reasonable care in ensuring your marketing is compliant.
INTELLECTUAL PROPERTYAll intellectual property rights in NecessaryGood's branding, creative assets, and materials remain the property of NecessaryGood. You are granted a limited, non-exclusive, non-transferable license to use our materials solely for the purpose of participating in the Programme. You may not alter or edit any NecessaryGood branding or assets other than resizing assets for platform compatibility, when doing so the original ratios must remain the same. If you require assets not provided, please contact hello@necessarygood.com.
DATA PROTECTIONBoth parties shall comply with all applicable data protection and privacy laws and regulations, including but not limited to the UK GDPR, EU GDPR, and CCPA.
You are strictly prohibited from collecting, accessing, storing, or processing any personally identifiable information or customer-specific information from our customers, except as expressly authorised in writing by us.
You must not use any device, technique, or software to attempt to obtain such information from our website or systems. If you inadvertently receive any personal data relating to our customers, you must immediately notify us and securely delete such data without retaining any copies.
You must implement appropriate technical and organizational measures to protect any data you process in connection with the Programme. Breach of this clause may result in immediate termination from the Programme and may expose you to further legal action.
MODIFICATIONS TO TERMSWe reserve the right to modify these Programme Terms at any time. Your continued participation in the Programme after such notification constitutes acceptance of the modified Programme Terms.
INDEMNITY AND LIABILITYYou agree to indemnify, defend, and hold harmless NecessaryGood, its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or in connection with your participation in the Programme or breach of these Programme Terms. We are not liable for any interruptions or errors on our site or for any indirect, special, incidental, or consequential damages. Our total liability to you under these Programme Terms shall not exceed the amount of Commission paid to you in the six months preceding the event giving rise to liability.
Nothing in these Programme Terms shall limit or exclude either party's liability for: a) Death or personal injury caused by negligence; b) Fraud or fraudulent misrepresentation; c) Any other liability that cannot be limited or excluded by law.
GENERAL PROVISIONSRelationship of Parties: a) Nothing in these Programme Terms creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us.
Assignment: a) You may not assign these Programme Terms or any rights or obligations hereunder without our prior written consent; b) We may assign our rights and obligations under these Programme Terms without your consent.
Force Majeure: a) Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control.
Notices: a) Any notice required under these Programme Terms shall be in writing and delivered by email: - To us: hello@necessarygood.com - To you: at the email address registered with your AWIN account.
Waiver: a) No failure or delay by either party in exercising any right under these Programme Terms shall constitute a waiver of that right.
Severability: a) If any provision of these Programme Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
Entire Agreement: a) These Programme Terms constitute the entire agreement between you and us relating to the Programme and supersede any prior agreements.
Governing Law and Jurisdiction: a) These Programme Terms shall be governed by and construed in accordance with the laws of England and Wales; b) Any dispute arising out of or in connection with these Programme Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.