AWIN- Publisher Terms
General Terms for Affiliate Programme
“We”, “our” and“us” means JD Sports Fashion PLC or JD Sports, a member of the JD Group.
“Affiliate” and “you” means the publisher who is intending to use the Network tracked links to divert traffic to our website in return for a commission as specified in the terms below.
“JD Group” means JD Sports Fashion PLC and any of its subsidiaries and the subsidiaries of those subsidiaries.
“Network” means AWIN, an affiliate marketing platform or network.
Applicable Terms & Compliance
1.This document sets out the terms and conditions for you to participate in the JD Group Affiliate Programme via the Network (the “Programme”). By participating in the Programme, you are agreeing to abide by these General Terms for Affiliate Programme (“Programme Terms”).
2. In the event that you have entered into a separate agreement directly with us in relation to affiliate marketing via the Network which is in full force and effect and there is any inconsistency between these Programme Terms and those terms, the terms of that separate agreement shall apply.
3. You agree to comply with all applicable laws and regulations and to conform to current good industry practice and any relevant regulatory guidance and rulings, including but not limited to advertising rules, regulations and standards, in your participation of the Programme such as the CAP Code and ASA guidelines (or the local equivalent).
4. You will comply with any disclosure requirements or guidance provided by the Network and/or JD Group from time to time. Furthermore, you agree not to: send unsolicited messages or any communications on behalf of any entities within the JD Group; use spyware; or misrepresent the Programme, JD Group, or your participation in the Programme to visitors of your affiliate site.
5. You warrant that your affiliate site does not contain and/or facilitate: illegal activity; discriminatory or hateful content; pornographic content; religious content; political content; the offering of financial or regulated products and/or services; and/or abusive or irresponsible promotion of gambling, alcohol, tobacco or drugs.
6. You shall not and you shall not enable or instruct anyone to scrape (or use any bots or any other scraping technology to scrape) any websites which are owned or operated by any of the JD Group for product information, images or for any other reason.
7. To the extent permitted by law, you agree that you shall not disclose to any person any confidential information (including any information concerning the business, customers, clients or suppliers of the JD Group, the details of our relationship and your commission earnings), or any other information shared by the Network and/or us which a reasonable businessperson would deem to be confidential (“Confidential Information”), unless expressly permitted herein. You shall only use our Confidential Information solely for the purpose of performance of your obligations and in participation in the Programme. You may only disclose our Confidential Information to your employees, officers, representatives or advisers who need to know such information for the purposes of performing your obligations or as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority. You agree to not publish any testimonials, case studies and/or press releases in connection with the Programme without our prior written consent.
Intellectual Property
8. We hereby grant you, a non-exclusive, non-transferable, revocable, non-sublicensable and limited license for the term of your participation in the Programme to use our trade marks and assets (e.g. banners) provided to you directly by us or the Network, solely for the purposes of placing ad links on the approved affiliate site in accordance with these Programme Terms or as otherwise directed by us. Affiliates may not alter any of the assets or text links available through the Network interface or provided by us. Affiliates shall immediately, upon request by us or the Network, provide evidence of the source of traffic it generates.
9. You explicitly acknowledge and agree that all intellectual property rights (including trademarks (whether registered or unregistered), trade dress, logo, brand name and/or assets) of any of the JD Group companies belong to and shall continue to belong to the relevant company within the JD Group (or its licensors or other third party owners as applicable) and that you do not have any rights in or to our intellectual property rights other than the right to use or reproduce them during the term and in accordance with these Programme Terms.
10. You warrant and represent that your website(s) will not infringe on any third-party intellectual property rights.
11. You will not represent your affiliate site as our official website or make similar representations.
Transactions & Commissions
12. Transaction queries (including queries relating to commission) must be submitted within 45 days of the transaction date. We reserve the right to decline queries or claims submitted after this time-period.
13. We will aim to validate transactions once every calendar month, after the returns period applicable to those transactions has ended. Our standard returns period is 30 days but may change from time to time as is communicated via our consumer-facing website.
14. If you breach any of these Programme Terms, we reserve the right to withhold any commission payments payable under the Programme and/or suspend or terminate your participation in the Programme.
15. De-duplication: All affiliate sales are de-duplicated against other online advertising channels. De-duplication channels including, but not limited to: Non PPC Brand, Email Advertising, PPC brand, Display Advertising and CSS Shopping.
Promotions / Voucher Codes
16. We may provide you with promotional codes, vouchers or coupons from time to time for use in conjunction with your promotion of our website (e.g. product launches) (“Promo Codes”) with information relating to official go-live dates/times of such promotions, embargo dates and time lifts. In respect of such Promo Codes:
a. you shall not use any Promo Codes that are not provided directly by us or via the Network platform.
b. you shall not promote a Promo Code and/or use any images or links provided by us for the promotion before the official go-live date and time as specified by us and you shall comply with the embargo dates and time lifts.
c. where Promo Codes are issued with an expiry date, this should be clearly displayed, and Promo Codes should be removed or explicitly marked as expired after this date unless otherwise instructed by us in writing.
d. you must comply with the IAB voucher code best practice guidelines.
17. You shall not utilise a browser extension or send traffic to our website from a browser extension unless you have received prior written consent from us.
18. We have the right to restrict you from linking to any of the webpages on our website that feature a particular product brand or category, and this will be notified to you when you are accepted into the Programme (or in the commission structure). We reserve the right to amend and/or update such restricted product brand or category, from time to time.
19. Any communication you send to consumers containing our intellectual property rights (such as our trade marks, logos, brand name or other assets) must be approved by us in writing and in advance.
20. You agree not to use any CSS (Comparison Shopping Service) for any of our products without the prior written approval from us.
21. You agree not use the Network-generated links in connection with any dropship or re-seller activities. This applies to both direct activities and cashback websites. Consumers will not be eligible for cashback relating to such activities; any resulting transaction will be declined, and commission will not be payable on such transactions. We further reserve the right to limit the number of products on which customers can claim cashback per calendar week.
Termination
22. Without affecting any other right or remedy available to us, we may terminate your participation in the Programme, upon 7 days prior written notice directly or via the Network at any time for any reason whatsoever.
23. In the event of termination and/or expiry of your participation in the Programme, howsoever arising, you undertake to return to us and/or the Network (as appropriate) or delete, any and all Confidential Information, all such materials which relate to our brand and/or retail offering, the Programme and any other items/assets provided by us under the Programme.
Paid Media Guidelines
24. You may bid on any brand name featuring JD Group intellectual property rights, including our trade marks, brand or trade names or any similar trade marks or derivatives of the trade marks, brand or trade names (“JD Marks”), on any platform that provides paid media advertising (including, but not limited to, search listings, advertising networks or social media advertising placements); however, you will not receive any commission on any traffic sent directly to us.
25. Affiliates shall not use any JD Group URLs (including but not limited to our website URL, www.jdsports.co.uk, www.size.co.uk or www.footpatrol.com, www.gooutdoors.co.uk) as the display or the main domain URL in search engines, or any other paid performance website or generally misleading the consumer into believing the advertisement is from the official JD Group web site. This includes all paid performance keywords and paid media advertising. Any paid media advertisement which includes or refers to JD Group or any of our trading brand must be truthful, clear that it was posted by a third party (not JD Group), and the offer advertised must be a live, valid offer.
26. You shall not register and shall no attempt to register any URLs that include any of JD Marks, or any version that could be mistaken for an official web site of JD Group.
Indemnity & Liability
27. You hereby agree to indemnify, defend and hold harmless us and the JD Group and its publishers, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) brought by a third party, arising out of a breach, or alleged breach, by you of any of these terms.
28. We are not liable for any interruptions or errors on our site.
29. Subject to clause 30 below, our aggregate liability arising under or in connection with these terms and/or the Programme shall in no event exceed the total amount of commission paid to you under the Programme in the 3 months preceding the date on which liability arises.
30. Nothing in these terms shall limit or exclude the liability of either party for death or personal injury caused by its negligence or for any other liability which cannot be excluded or limited by applicable law.
