UK General Terms
“We”, “our” and “us” means AWIN and/or Blacks.
“Affiliate” and “you” means the publisher who is intending to use AWIN 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.
Applicable Terms & Compliance
- This document sets out the terms and conditions for participation in the JD Group Affiliate Programme via AWIN’s network (the “Programme”). By participating in the Programme, you are agreeing to abide by the specific terms and conditions for this Programme (“Programme Terms”).
- In the event that you have entered into a separate agreement directly with us in relation to affiliate marketing via AWIN which is in full force and effect and there is any inconsistency between these terms and those terms, the terms of that separate agreement shall apply.
- 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).
- You will comply with any disclosure requirements or guidance provided by AWIN 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 to visitors of your affiliate site.
- 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 products and/or services; and/or abusive or irresponsible promotion of gambling, alcohol, tobacco or drugs.
- You agree not to or instruct anyone to scrape any websites which are owned or operated by any of the JD Group for product information, images or for any other reason. Where you wish to link adverts to our products, you must use the product feeds provided to you.
- To the extent permitted by law, you agree to treat any information shared by AWIN and/or us which a reasonable businessperson would deem to be confidential as confidential, including the details of our relationship and your commission earnings. For the avoidance of doubt, you agree to not publish any testimonials, case studies and/or press releases in connection with the Programme without our prior written consent.
- AWIN grants you, as our affiliate, a non-exclusive, non-transferable and non-sublicensable 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 AWIN, 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 AWIN interface or provided by us. Affiliates shall immediately, upon request by us or AWIN, provide evidence of the source of traffic it generates.
- You explicitly acknowledge and agree that all intellectual property rights in the marks and 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 marks, assets or sites other than the right to use or reproduce them during the term and in accordance with these terms. You warrant that your website will not infringe on any third-party intellectual property rights.
- You will not represent your affiliate site as our official website or make similar representations.
Transactions & Commissions
- 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.
- 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.
- 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.
- 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
- We may provide 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.
- You shall not use any Promo Codes that are not provided directly by us or via the AWIN platform.
- 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.
- 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.
- You must comply with the IAB voucher code best practice guidelines.
- 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.
- You agree not to link to any webpages on our website which features YEEZY products.
- Any communication you send to consumers containing our trade marks, logos or other assets must be approved by us in writing and in advance.
- You agree not to use any CSS (Comparison Shopping Service) for any of our products.
- You agree not use the AWIN-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 reserve the right to limit the number of products on which customers can claim cashback per calendar week.
- We reserve the right to terminate your participation in the Programme directly or via AWIN at any time for any reason whatsoever.
- In the event of termination and/or expiry of your participation in the Programme, howsoever arising, you undertake to return to us and/or AWIN (as appropriate) or delete, any and all 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
- 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) as a display URL in any paid search listings, advertising networks or social media advertising placements.
- You agree not to bid on any of our brand names or terms including any misspellings, variations or derivatives of our brand names. You shall not bid on phrases which include both our brand names and generic keywords. Affiliates are not permitted to include any brand names, misspellings, variations or derivatives in any search string or display URL on any pay per click search engines (including, but not limited to, Google AdWords, Bing and Yahoo) unless we agree otherwise in writing.
Indemnity & Liability
- 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.
- We are not liable for any interruptions or errors on our site.
- Subject to clause 27 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.
- 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.