TopCashback takes GDPR very seriously as caring about our members is at the very heart of what we do. For further information on GDPR compliance, please head to the terms tab for our GDPR terms & conditions.
TopCashback does not accept any sign-ups or registrations from incentivised or unidentified traffic sources. If we are unable to identify a lead traffic source, we will be in touch to investigate further. If we do not receive a response from a partner within 7 days on this issue, TopCashback reserves the right to decline all pending leads on the programme.
All registrations and sign-ups generated from incentivised traffic sources will be declined. We do not accept leads from any sub-affiliates or sub-traffic which will result in these leads being declined. Only UK leads are deemed billable and apply to this programme. All of the above terms are subject to change and can be amended accordingly.
Additional Email Terms:
Below are additional terms for all publishers to follow if utilising email sends (this includes all newsletter and solus sends for service and marketing purposes).
1. Definitions:
“Data Regulation" means any applicable data protection, privacy or similar laws that apply to data processed in connection with these terms, including any regulations implementing the Data Protection Directive 95/46/EC (the “Directive”) or GDPR (as applicable) or Privacy and Electronic Communications Directive 2002/58/EC the terms “Data Subject”, “Personal Data”, “Personal Data Breach” have the meanings given to them in GDPR.
2. All Publishers will comply with their respective obligations under Data Regulation. Publishers and TopCashback agree to provide any co-operation reasonably requested to enable the other party’s compliance with this provision.
3. Publishers shall take appropriate measures to provide Data Subjects with information about how Personal Data is being processed by the Publisher, in a concise, transparent and easily accessible form, using clear and plain language.
4. The Publisher shall ensure that all employees, agents or contractors that have access to Personal Data are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.
5. Data Subjects “Opted in” (see GDPR and PECR definitions) data used must be active or no older than 6 months old.
6. All Opted in data must be gathered in line with Data Regulations
7. The publisher must have an unsubscribe option clearly marked on all email creative and it must be clear that the user is unsubscribing from the affiliate.
8. Unsubscribe requests to take effect within 2 working days. TopCashback must not be named as the ‘Sender’.
9. The Publisher shall in relation to the Personal Data, implement appropriate technical and organisational measures to ensure an appropriate level of security, including, as appropriate, the measures referred to in Article 32(1) of the GDPR.
10. TopCashback and the Publisher shall fulfil their obligations to respond to requests to exercise Data Subject rights under the Data Regulation. Each party will provide the other party any co-operation reasonably requested to enable the other party’s compliance with this clause.
11. Publisher acknowledges and agrees to ensure a disclaimer is clearly present on the creative, stating that the email is not sent by TopCashback but by an approved marketing company and that this is part of an opt-in marketing programme.
12. In the event of a data breach (as defined in the Data Regulations) each party shall:
a. notify the other party without undue delay upon becoming aware of a Personal Data Breach affecting Personal Data; and
b. provide the other party with sufficient information to allow it to meet any obligations to report or inform Data Subjects of the Data Breach under or in connection with the Data Regulation.
13. Neither party shall transfer Personal Data to countries outside of the EEA in breach of applicable Data Regulations.
14. Only TopCashback approved landing pages to be used.
15. Tracking links must be provided by TopCashback.
16. Sender list must be closed and no data visible to any other recipients.
17. ESP sending tools used for TopCashback campaigns must be able to report on open rate, CTR and campaign activity.
18. All call to actions must use tracking links when directing through to approved TopCashback landing pages.
19. All creative to be signed off by TopCashback at least 3 working days before send – Allow 3 working days for sign off process. This may be subject to change dependant on timed activity. All creatives must have TopCashback approval ahead of send.
20. Only pre-approved subject lines to be used.
21. The TopCashback campaign is never to be used as the first send in any new data set/source without prior written confirmation from TopCashback.
22. All data sources must be fully compliant with full UK data laws and ICO regulations and guidelines.
23. All publishers that join the TopReporting network to promote TopCashback’s affiliate programme agree to abide by full network T&Cs. In addition to this, all sub-networks are responsible for communicating the relevant T&Cs, campaign guidelines and stipulations to their sub-sources also
24. Each party shall be liable for any breaches of Data Regulation for which they are responsible and accordingly there shall be no joint liability between the parties in respect of such breaches.
25. The total liability of TopCashback in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with these terms will be limited to £10,000.
26. Except as expressly stated otherwise in these terms, all warranties, conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by law.
27. TopCashback may change these terms on 14 days’ notice to the Publisher.
PPC Keyword Policy:
TopCashback does not allow any affiliates to bid on brand terms, nor are affiliates allowed to use these within a display URL in any PPC advertising. This also includes misspellings of the brand. Any affiliates found to be doing so will have commission declined and may be removed from the programme.
This includes (but is not restricted to) the following terms:
These apply on all search engines, including Google, Yahoo, Bing etc. Direct linking is permitted on this programme, providing the above terms are adhered to.
Sub partners Terms & Conditions:
- Before running any offer, The Affiliate is to confirm the sub-partners intending to run the offer.
- If there are any changes to be made to the sub-partners i.e., changes in sub partners used, it must be approved by TopCashback.
- All creatives for email and display must be signed off by either TopCashback.
- The Affiliate will take full responsibility for the activities and GDPR compliancy of the chosen sub-partners and ensure that these terms and conditions, including the no-brokering rule below, are adhered to.
- The Affiliate’s sub-partners are not to broker out the campaign.
- The Affiliate may only broker the campaign out once.
- The Affiliate will use click references to allow us to easily identify the sources.
- No freebie sites are to be used to generate leads to TopCashback unless approved by TopCashback.
- No incentivised traffic is to be used to promote this campaign either by the affiliate and/or via sub partners
- Subject Lines and From lines must be approved by TopCashback.
Contact Us
We look forward to working with you further on the programme and building a successful partnership. Should you need any further details, have any questions or would like to know more, please contact: affiliates@topcashback.co.uk.
