Onboarding
All partners who plan to promote TopCashback on a website or through direct communications (such as email, SMS) must complete and have accepted a compliance form before being fully onboarded on to our program.
Accepted Traffic Sources
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 program.
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 program.
Compliance
You agree to comply with all relevant applicable laws and regulations, including but not limited to ASA advertising rules, regulations and standards.
Where using affiliate links within your content, you must use relevant advertising disclosures (e.g. #ad). For further guidance please refer to the ASA Guidelines for Influencers
You should not promote cashback on a financial product (including current accounts, ISAs, insurance products, credit cards, loans, Buy-Now-Pay-Later and mortgages), without prior permission from Topcashback.
Content must not contain any imagery or depiction of a specific identifiable Less Healthy Food (LHF) or drink product, without prior permission from TopCashback.
Failure to comply may result in declined commission, suspension or termination of your affiliate agreement with us.
Performance
We do have a minimum level of performance that we expect our partners to meet in order to make the partnership viable and for it to continue. Should a partner have a poor transaction rate, TopCashback reserves the right to review the partnership and suspend further activity on the campaign.
Notice Periods
Where possible we will give publishers 7 days notice when we change something in the terms and conditions
If for any reason we must terminate a partner from the program, we shall give 7 days notice via email. All validated and applicable commission generated during the notice period shall be paid per normal process.
Deduplication Policy
Commission will be declined for duplicate member accounts (where someone has signed up multiple times either due to errors in their email address or to take advantage of new member incentives fraudulently).
We also de-duplicate against other online advertising channels including but not limited to Tell-a-friend, PPC, display and other affiliate programs on a last-click basis.
Intellectual Property
"Topcashback" is a UK registered trade mark of TopCashback Group Limited. TopCashback grants to the Affiliate, a revocable, non-exclusive, non-transferable, royalty-free, licence to publish Advertiser Materials, without modification, on the Publisher Service in the Promotional Spaces to the extent necessary to enable the Publisher to market the respective Advertiser and its Products on the Network in compliance with the Agreement and the Program Terms. These rights are not sub-licensable.
Privacy
TopCashback takes privacy seriously as caring about our members is at the very heart of what we do.
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).
Definitions:
“Data Protection Laws” means all applicable data protection, privacy, and electronic communications laws and regulations in force in the United Kingdom from time to time, including:
- the UK General Data Protection Regulation (“UK GDPR”);
- the Data Protection Act 2018; and
- the Privacy and Electronic Communications (EC Directive) Regulations 2003 (“PECR”).
The terms “Data Subject”, “Personal Data”, “Personal Data Breach”, “Controller”, and “Processor” shall have the meanings given to them under UK GDPR.
Each Publisher shall comply with its respective obligations under the Data Protection Laws. TopCashback and the Publisher shall provide such cooperation and assistance as is reasonably required to enable the other party to comply with its obligations under the Data Protection Laws.
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.
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.
The Publisher shall only use validly obtained opt-in data in accordance with PECR and UK GDPR. Marketing consent must be:
- freely given, specific, informed, and unambiguous; and capable of being evidenced upon request.
Data used for email campaigns must be active, fairly obtained, and reasonably recent, and in any event no older than six (6) months, unless the Publisher can demonstrate ongoing engagement and a continuing lawful basis.
All Personal Data must be collected and processed in full compliance with Data Protection Laws, including fairness, lawfulness, transparency, data minimisation, and purpose limitation.
All email communications must include a clearly visible and functional unsubscribe mechanism, enabling the recipient to opt out of future communications from the Publisher.
Unsubscribe requests to take effect within 2 working days. TopCashback must not be named as the ‘Sender’.
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.
TopCashback and the Publisher shall be responsible for responding to Data Subject rights requests for Personal Data it controls. Each party shall provide reasonable cooperation and assistance to enable the other party to comply with its obligations under Data Protection Laws.
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 program.
In the event of a Personal Data Breach each party shall:
- notify the other party without undue delay upon becoming aware of a Personal Data Breach affecting Personal Data; and provide sufficient information to enable the other party to comply with its obligations under Data Protection Laws, including any requirement to notify the ICO or affected Data Subjects.
Neither party shall transfer Personal Data outside the United Kingdom or the European Economic Area unless such transfer complies with the Data Protection Laws, including the use of appropriate safeguards.
Sender list must be closed and no data visible to any other recipients.
All data sources must fully comply with UK Data Protection Laws, ICO guidance, and industry best practice.
Each party shall be responsible for, and liable for, its own breaches of Data Protection Laws. Nothing in these terms shall create joint liability between the parties in respect of such breaches.
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.
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.
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 program.
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 program, providing the above terms are adhered to.
Contact Us
We look forward to working with you further on the program 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.
