1. Restricted Promotional Activity
The following activities are strictly prohibited unless Mis‑Sold Expert provides prior written approval:
- Misleading, deceptive, or exaggerated advertising
- False urgency or inaccurate claims messaging
- Trademark bidding on Mis‑Sold Expert branded terms
- Incentivised traffic, rewards, competitions, or inducements
- SMS marketing of any kind
- Unsolicited or spam email activity
- Misleading advertorials or “fake news” style content
- Any promotion implying guaranteed compensation
- Any activity breaching FCA, ASA, ICO, PECR, GDPR, or other UK advertising rules
Mis‑Sold Expert may suspend or remove any publisher engaging in non‑compliant activity immediately.
2. Compliance Requirements
Publishers must ensure that all marketing and lead‑generation activity:
- Is lawful, accurate, clear, fair, and not misleading
- Falls within the scope of the publisher’s own FCA permissions (where applicable)
- Uses only Firm‑approved creatives, messaging, and disclosures
- Includes all required disclaimers
- Does not misrepresent Mis‑Sold Expert, the claims process, or consumer eligibility
- Is supported by valid, provable consent for email or CRM activity
Publishers must notify Mis‑Sold Expert immediately of any regulatory changes, investigations, or issues that may impact consumer outcomes.
3. Direct Marketing & Lead‑Generation Activity
3.1 Regulatory Compliance
- All direct marketing must comply with FSMA, FCA Handbook rules, UK GDPR, PECR, ASA/CAP/BCAP Codes, and any other applicable laws.
- All activity must fall within the FCA permissions of the regulated entity under which the publisher operates.
3.2 Creative Approval
- All marketing materials, email copy, advertorials, scripts, claim forms, and consumer‑facing content must be approved in writing by Mis‑Sold Expert before use.
- Mis‑Sold Expert will respond to approval requests within five (5) Business Days.
3.3 Consent & Record‑Keeping
- Publishers must maintain auditable consent records for at least six (6) years.
- Records must be provided to Mis‑Sold Expert upon request.
3.4 Prohibited Conduct
Publishers must not:
- Onboard clients, provide regulated advice, or complete claim forms on behalf of consumers
- Use incentivised traffic or inducements to generate leads
- Contact individuals listed on TPS/CTPS unless valid, provable, recent explicit consent is held
- Continue processing after a consumer opts out
3.5 Audit & Oversight
- Mis‑Sold Expert may conduct reasonable compliance reviews, including reviewing creatives, scripts, recordings, consent mechanisms, and API logs.
- Publishers must cooperate fully and within agreed SLA timeframes.
- Publishers must retain records of all financial promotions and Firm approvals for six (6) years, and provide this to Firm
4. Data Protection
Publishers must comply with UK GDPR, the Data Protection Act 2018, and all applicable privacy and consent requirements.
4.1 Controller Responsibilities
- Publishers act as independent data controllers for their own marketing activity.
- Nothing in these terms creates a joint controller relationship.
4.2 Data Transfer & Use
- Personal data may only be transferred to Mis‑Sold Expert via secure, agreed methods.
- Publishers must not retain or use personal data for any purpose other than delivering the agreed services.
4.3 Data Breaches
- Any personal data breach connected to the publisher’s activity must be reported to Mis‑Sold Expert within 24 hours of becoming aware of it.
5. Commission & Validation
Commission is payable only on validated actions. Actions may be declined where:
- Duplicate submissions occur
- The customer is ineligible
- Fraudulent, suspicious, or non‑compliant activity is identified
- Consent or compliance requirements are not met
- The lead fails validation criteria
Validation periods may vary depending on claim progression and internal verification processes.
Non‑compliant leads may be treated as Non‑Payable Leads.
6. Programme Changes
Mis‑Sold Expert may:
- Amend commission rates
- Suspend or terminate publisher participation
- Update programme terms
- Require immediate removal of non‑compliant content
