Sense* Affiliate Programme Terms and Conditions
1. Our sense* affiliate programme (“Programme”) is operated by Sense Health Limited (UK registration number 12405788) (hereinafter "sense*"). If you want to become a sense* affiliate on AWIN (“Affiliate”/” you”), please read these terms and conditions. By joining the Programme you will be accepting these terms and conditions.
2. Sense* will let you know if your website (“Site”) is accepted to join the Programme. Sense* retains the right at all times to refuse payment to an Affiliate if these terms and conditions have been breached in any way.
3. We may remove your Site from the Programme if it is inappropriate. “Inappropriate Sites” could include, but are not limited to, those that without written consent of sense*:
a. Infringe trademark rights of sense* or any third party or otherwise violate the rights of any third party;
b. Violate any intellectual property rights, including, using text or images from sense*’s website;
c. Include a Sense* name, trademark or product name in the domain name;
d. Contain sexually explicit materials or hate/violent/offensive content;
e. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
f. Promote illegal activities or otherwise violate any applicable laws (this includes SPAM);
h. Otherwise are considered inappropriate in sense*'s sole discretion; and
i. Use fraudulent means to prompt clicks
4. As an Affiliate, you may only use promotional content that sense* provides to you or is otherwise agreed to in writing. Affiliates must make it clear at all times they are not an official representative of sense* and that they may receive compensation for promoting sense* or its products.
5. You may not bid on search terms or keywords used by any internet search engine or other directory or referral service (e.g. Yahoo Search Marketing, Google, etc.) to return or prompt internet search results, if keyword is, includes, or is confusingly similar to any sense* name, trademark or product name otherwise than with the written consent of sense*. Affiliates must ensure the sense* name, trademarks and product names and any and all misspellings are negative matched in all paid search campaigns
6. You may not without the written consent of sense* present or use any content at or on your Site, including, without limitation, graphical images, logos, text copy, editorial copy, press releases or marks, that (i) could be interpreted to suggest that such content has been authored or otherwise provided by, or represents the views or opinions of, sense*; (ii) is misleading, defamatory, libelous, obscene, or otherwise objectionable; (iii) infringes, derogates, dilutes, or impairs the rights of sense* or any third party; (iv) refers to sense* but is used as part of a name of a product or service of a company other than sense*; or (v) is used in any other manner inconsistent with these terms and conditions or with any provision of law.
7. Sense* will keep its right, title and interest in its names, product names, logos, trademarks, service marks and copyrights, including, those that it may use or develop in the future. Any goodwill resulting from your use of any sense* name, product name, logos, trademarks, service marks and copyright will not create any right, title or interest for you as an Affiliate or otherwise howsoever arising.
8. You will maintain the quality of your services at a level satisfactory to sense*. sense* shall at times have the right to review your activities. You are responsible for notifying sense* of any problems with your participation in the Programme.
9. If you want to send out any emails that advertise or promote sense* or its products, you will need written consent of sense*. Affiliates emails must comply with the Data Protection Act and any other relevant laws, in particular, the Privacy and Electronic Communications Regulations 2003.
11. Sense* shall not be liable for any direct, special, indirect, incidental, or consequential damages (including, but not limited to loss of use, data, profits or business interruption) arising in any way out of this agreement, however caused and whether under contract, tort (including negligence), strict liability, or otherwise, even if sense* has been advised of the possibility of such damage save where it is reasonably forseeable and direct loss (excluding for loss of sales, business, profits, data or business interuption) limited to the amount of commission paid to the Affiliate in the 6 months prior to the date of the claim arising.
12. You agree to indemnify, defend and hold harmless sense* and its affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable legal fees) brought by a third party, arising out of a breach, or alleged breach, of any of your representations or obligations in this Agreement.
13. Either sense* or you may terminate this agreement at any time, for any reason, on at least five days’ prior written notice. Sense* can terminate this agreement immediately if you breach any of these terms or conditions in any material respect. You will have to immediately stop using sense* name, logos, trademarks, service marks, creative work, when this agreement ends.
14. Sense* may amend these terms from time to time.
15. This Agreement is governed and construed in accordance with English law.