TERMS AND CONDITIONS FOR BROADBAND EXPERTS AFFILIATE PROGRAMME
BROADBAND EXPERTS grants you, as a Contracted Affiliate, a non-exclusive, non-transferable and non-sublicensable (sub)license for the term of the Affiliate Agreement to use and reproduce the BROADBAND EXPERTS Marks solely for the purposes of placement of Ad Links on the Affiliate Sites.
Please be aware that continued lack of compliance with the below terms and conditions could result in your affiliate status being revoked and all accruing commissions reversed.
When applying for affiliate status for the BROADBAND EXPERTS programme you are agreeing to the terms and conditions as stated below.
When applying to become a BROADBAND EXPERTS affiliate you agree that your website compatible with the BROADBAND EXPERTS brand, its identity and values and our product types. It is honest, factually correct, and clear in promotional content and intent and you will not promote our program in inappropriate environments such as, but not limited to:
- illegal material or promoting illegal activities and substances
- any obscene or sexually explicit material
- any violent, discriminatory, threatening or abusive material
- any libellous, blasphemous or defamatory material
- any material that infringes the Intellectual Property of any third party
- file sharing/P2P websites
You agree to comply with all applicable laws and regulations for the performance of the Affiliate Agreement. Furthermore, you agree to comply with all environmental policies, standards and procedures described in manuals or other written notification provided to the Contracted Affiliate by BROADBAND EXPERTS from time to time. Pursuant to the Affiliate Agreement, you shall in particular not (non-limitative): For example: 1) send spam; 2) use spyware; 2) misrepresent to visitors of its Affiliate Site;
You agree that BROADBAND EXPERTS has the right to audit your business facilities to verify compliance with the Affiliate Agreement, any laws and any guidelines imposed on you pursuant to the Affiliate agreement.
Our terms and conditions are applicable when you begin working with BROADBAND EXPERTS .
Paid Search Activity
Affiliates may wish to generate extra commission by using Pay per Click (PPC) advertising programs, i.e. Google Adwords, Yahoo, Bing.
These can help drive traffic to your website, which in turn will increase the number of visitors to the BROADBAND EXPERTS website - boosting sales and earning you extra commissions.
Returned Orders & Validation of Commissions
BROADBAND EXPERTS reserves the right to reverse commissions based on returned orders.
Where part of an order is returned, the pro-rata partial commission shall be awarded to the affiliate.
Use of creative provided by BROADBAND EXPERTS
Affiliates may not alter or change any of the provided creative or text links available through the affiliate network interface.
In order to prevent out-of-date and brand inconsistent content and creative, affiliates may not hardcode creative into their sites.
Anyone found doing so will receive a warning and may have commissions reversed. We reserve the right to withhold commission during this time. Continuous infringement of these terms will result in suspension.
Professional Relationship With Our Brand
You agree that you will not at any time promote yourself as an agent or employee of BROADBAND EXPERTS .
You also agree that you have no authority to enter into any contract on behalf of BROADBAND EXPERTS or to bind BROADBAND EXPERTS in any way, and you will not make any representation or indication that you are acting on behalf of, or are in any way capable of binding, BROADBAND EXPERTS .
Discount Code / Voucher Code Use
All discount/voucher code use needs to comply with official IAB guidelines (below), which can be found at
Any affiliates who do not adhere to the following industry standard guidelines will face the sanction of removal from the affiliate programme and commissions will be cancelled:
- A valid code is defined as a code that has been legitimately issued by a merchant for your explicit use online. This code will have an activation date and, where provided, a deactivation date. When a code has expired it must either be removed or the fact that it has expired must be clearly stated in writing, not simply by listing the expiry date
- Using “click to reveal” when there is no valid or current code present is not permitted of affiliate publishers including using “click to reveal” to show any deals/offers/sales instead of vouchers
- Voucher code affiliate publishers must clearly detail the voucher offer that will be revealed by the click
- Voucher code directories must contain clear categorisation and separation between deals/offers/sales and discount codes
BROADBAND EXPERTS has also set the following rules for the use of voucher/discount codes:
- Any discount/voucher codes promoted must be provided through the BROADBAND EXPERTS affiliate programme management (contact details listed below)
- Any sanctioned voucher code, when expired, must clear state this and not have ‘Click to Reveal’ ability activated.
- Affiliates are not allowed to display made up / invented discount/voucher codes on their site(s) or display discount/voucher codes that were only authorised for use in other media channels (i.e. email marketing) or for other online affiliates.
Affiliates found to be in breach of the above face immediate suspension from the programme. We reserve the right to withhold payment of commissions if non-authorised voucher codes are used in an affiliate sale.
Linking Mechanism Use
You undertake not to use other URLs, banners, button(s), pointer(s), icon(s) or other link(s) that individuals can click on and that enables them to navigate directly to BROADBAND EXPERTS website, than the Ad Links provided by BROADBAND EXPERTS pursuant to the Affiliate Agreement.
BROADBAND EXPERTS currently require traffic from UK and most European countries. If you are unsure whether we deliver to your territory please contact us.
Affiliate may not create mobile applications without the written consent of BROADBAND EXPERTS .
It is your responsibility to declare and pay any tax or insurance due on these payments and you indemnify BROADBAND EXPERTS against any claims, losses, damages or any other liabilities which arise as a result of you not declaring and paying those sums.
Intellectual Property Rights
You acknowledge that you will respect all Intellectual Property Rights of any third party pursuant to this Affiliate Agreement. You explicitly acknowledge and agree that all Intellectual Property Rights belong to and shall continue to belong to BROADBAND EXPERTS and that you do not have any rights in or to the BROADBAND EXPERTS Marks, BROADBAND EXPERTS Sites and BROADBAND EXPERTS Products other than the right to use or reproduce them during the term and in accordance with the Affiliate Agreement.
Termination and Closure of Inactive Accounts
We do not place any obligation on our Affiliates to meet quotas or guarantee sales. However, if any Affiliate Account is inactive for a period of one (1) year then we will close that account, meaning any clicks using the unique link associated with that account will no longer be registered to that account and no commission will be payable in respect of any sales coming through that link.
You can choose to end your membership of our Affiliate programme at any time, for any reason, by notifying us that you wish to do so. We will then close your account, meaning any clicks using your unique link will no longer be registered to your account. Any commission which has not already been paid to you at the date that your account is closed will be paid through to you within two (2) months of your account being closed.
We can terminate your membership of our Affiliate programme at any time, for any reason, by giving you immediate written notice. We will close your account, meaning any clicks using your unique link will no longer be registered to your account. Any commission which has not already been paid to you at the date that your account is closed will be paid through to you on our next payment date.
We can also terminate your membership of the Affiliate programme with immediate effect if you breach any of these Terms and do not remedy that breach (if capable of remedy) within fourteen (14) days of notice from us. If you do not correct the relevant breach within this time period we will close your account, meaning any clicks using your unique link will no longer be registered to your account. Once your account has been closed no further commission will be payable, including any commission which has accrued to your account but not yet been paid to you.
In addition to the termination provisions above, either you or we will be entitled to terminate your membership immediately by notifying the other in writing if the other is declared bankrupt, enters into insolvency or administration proceedings.
The rights to terminate set out above do not prejudice any other right or remedy available to you or us.
If your membership of our Affiliate Programme is terminated for any reason you will be entitled to receive any unpaid commission registered on your Affiliate Account, unless payment is excluded for any reason set out in the above paragraphs. You will not be entitled to, or have any claim against BROADBAND EXPERTS for, compensation of any sort.
Unless these Terms state otherwise, on termination of your Affiliate Account neither you nor we will have any further obligation to the other under these Terms.
You undertake to return to BROADBAND EXPERTS or to delete all materials which relate to Ad Links, designs, developments, prototypes, product samples and other items provided by BROADBAND EXPERTS pursuant to the Affiliate Agreement, in the event of termination, for any reason whatsoever, of the Affiliate Agreement.
You undertake to immediately cease (i) to further use and reproduce any Ad Link, BROADBAND EXPERTS Mark or other Intellectual Property Rights of BROADBAND EXPERTS and will use all (technical) know-how and other information provided to the Contracted Affiliate pursuant to the Affiliate Agreement, in the event of termination, for any reason whatsoever, of the Affiliate Agreement.
Note from Awin - upon complete programme closure there is a 7 day notice period.
You agree not to disclose any Confidential Information, directly or indirectly, to any third party without our written authorisation to do so, and you will exercise a reasonable level of care in protecting our Confidential Information from unauthorised use and disclosure. In particular, you agree that you will keep your account login details confidential and will not share them with any other person. You will also keep all marketing and other materials in relation to BROADBAND EXPERTS confidential and will not use them for any purpose other than in connection with promotion of BROADBAND EXPERTS .
These confidentiality provisions do not apply to information that is (a) publicly available, (b) obtained by you from third parties without restrictions on how you use that information, (c) independently developed by you without using our Confidential Information, or (d) required to be disclosed by order of a court or other governmental or regulatory body.
Disclosure of our Confidential Information has the potential to cause damage to our business beyond anything that is capable of being valued by money damages. You therefore agree that we will be entitled to injunctive relief and any other remedies available to us in order to enforce these confidentiality provisions.
You indemnify, defend and hold harmless BROADBAND EXPERTS and its directors, officers, employees, distributors and agents from and against any and all claims, expenses, wages, lawsuits or other liabilities (including without limitation, reasonable legal fees and court costs) for injury to any person, or for loss or damage to personal property, which arises out of any misrepresentation by you regarding BROADBAND EXPERTS or our products, or any other of your activities as a BROADBAND EXPERTS Affiliate.
Limitation of Liabilities
We make no warranties or representations (whether express or implied) with respect to the Affiliate Programme or your potential to earn income as an Affiliate, or that our Website will be available or error-free at any time.
We will not be liable for any special, indirect, incidental or consequential damages (including loss of profits) arising from or relating to your membership of our Affiliate Programme, including without limitation damages claimed as a result of our Website or our products being unavailable or not performing for any period of time.
BROADBAND EXPERTS ’s liability for all claims of any kind arising out of or related to these Terms (including for negligence), whether based on contract, tort or on other legal or equitable grounds, is limited to money damages not exceeding the amount of commission due to you and unpaid at such time and which relates directly to the particular claim.
Nothing in these Terms excludes or limits our liability for death or personal injury resulting from our negligence, for fraud or fraudulent misrepresentation or for anything else it would be unlawful to exclude or limit.
Changes to These Terms
We may make changes to any of these Terms at any time by posting new or updated Terms on threespirit.com. We will also email any new or updated Terms to you using the contact email address you have provided in your Affiliate Account details. Changes to these Terms may include, without limitation, changes in the way we award commission, fee schedules, payment procedures and Affiliate Programme rules. If any changes we make are unacceptable to you, you will need to terminate your membership of our Affiliate Programme. If you continue to use your unique Affiliate link after we have notified you of new or updated Terms then you will be deemed to have accepted those Terms.
These Terms constitute the entire agreement between you and us with respect to the BROADBAND EXPERTS Affiliate Programme, and supersede all other communications between us in relation to your involvement in our Affiliate Programme.
Neither you or we will incur any liability to the other for any loss or damage resulting from a delay or failure to perform any of these Terms (or any part of them) if the delay or failure is caused (whether in whole or in part) by events, occurrences, or causes beyond the control of that party, including without limitation acts of God, strikes, lockouts, riots, acts of war, earthquakes, fire and explosions.
These Terms are personal to you as our Affiliate and you may not assign or otherwise transfer any of your rights or obligations to anyone else. These Terms do not create, and shall not be construed as creating, any rights under the Contracts (Rights of Third Parties) Act 1999 enforceable by any third party.
If we agree to waive any of, or any part of, these Terms then that waiver must be in writing to be effective. Any waiver by us of any of, or any part of, these Terms will not be considered a waiver of any subsequent breach of the same or any other provision of these Terms and failure, neglect or delay by you or us to enforce these Terms (or any of them) or any rights or remedies at any time will not be deemed to be a waiver of the rights under these Terms.
These Terms are governed by, and shall be construed in accordance with, the laws of England and Wales, whose courts shall have exclusive jurisdiction.
If you have any questions regarding any of the Terms and Conditions please contact: