BACKGROUND:
These Terms and Conditions apply to participants in the Wildash London Affiliate Programme (“the Affiliate Programme”) operated by Wildash London [a company registered in England under number 08112823 whose registered office is at 281 Portobello Road, Unit 12, London, W10 5TZ (“the Company”).
The Company operates the Wildash London website at https://www.wildash.london (“the Company Website”) for the purposes of marketing its goods to its users.
Affiliates (each an “Affiliate”) operate their own websites (each an “Affiliate Website”) for the purposes of marketing their goods and/or services to their users.
Affiliates participating in the Affiliate Programme shall include one or more Affiliate Link Pages on their Affiliate Websites which shall link to an Affiliate Landing Page on the Company Website.
By accepting these Terms and Conditions, the Affiliate hereby applies to become a member of the Affiliate Programme subject to these Terms and Conditions and shall enter into a contract with the Company on those terms upon the Company’s acceptance of the Affiliate’s application, as described in Clause 2.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
| “Affiliate Landing Page” | means a web page on the Company Website that the Company shall develop and that will be co-branded with the Affiliate’s branding and the Company’s branding; |
| “Affiliate Link Page” | means a web page on the Affiliate Website which shall link directly to an Affiliate Landing Page on the Company Website; |
| “Affiliate Referred User” | means a user who has clicked through to the Company Website from an Affiliate Link Page; |
| “Affiliate Website” | means the website of an Affiliate enrolled in the Affiliate Programme; |
| “Agreement” | means the agreement entered into by the Company and the Affiliate incorporating these Terms and Conditions which shall govern the Affiliate Programme, as described in Clause 2; |
| “Commission” | means the commission payable by the Company to the Affiliate for Completed Sales, as set out in Clause 7; |
| “Completed Sale” | means the completed purchase of goods offered for sale on the Company Website by an Affiliate Referred User who has clicked through directly to the Company Website from an Affiliate Link Page and that purchase has been completed during a single browser session; |
| “Confidential Information” | means, in relation to either Party, information which is disclosed to that Party by the other Party pursuant to or in connection with the Agreement (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked as such); |
| “Effective Date” | means the date of the Agreement, as described in sub-Clause 2.4; |
| “Net Revenue” | means, in respect of each Completed Sale, the gross revenue received by the Company, exclusive of VAT and any other tax, after the deduction of any rebate, allowance, credit, or other adjustment granted or allowed with respect to that Completed Sale, and any service fees or fulfilment or other charges (including credit card charges) paid or payable by the Company to any third party (other than the Affiliate) in relation to that Completed Sale. |
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions as amended or supplemented at the relevant time;
1.2.4 a Clause or paragraph is a reference to a Clause of these Terms and Conditions; and
1.2.5 a "Party" or the "Parties" refer to the parties to the Agreement.
1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
1.4 Words imparting the singular number shall include the plural and vice versa.
1.5 References to any gender shall include any other gender.
1.6 References to persons shall include corporations.
2. Enrolment in the Affiliate Programme
2.1 By enrolling in the Affiliate Programme, the Affiliate agrees that, at the time of registration, they will provide accurate and complete registration data and that the registration data will be updated and amended as required in the event of future changes.
2.2 Acceptance of these Terms and Conditions and the Affiliate’s indication that they wish to enrol in the Affiliate Programme constitutes an application to enrol in the Affiliate Programme which the Company may, at its sole discretion, accept.
2.3 The Company may, at its sole discretion, review the Affiliate Website following the Affiliate’s acceptance of these Terms and Conditions. In the event that the Company rejects the Affiliate’s application, no contract will be formed between the Company and the Affiliate. [The Company will explain in writing the reasons for rejecting the Affiliate’s application. [The Affiliate may appeal against the rejection in writing.] AND/OR [If, on the basis of the Company’s reasons for rejection, the Affiliate Website can be rectified, the Affiliate may apply to enrol in the Affiliate Programme again.]]
2.4 Upon the Company’s acceptance of the Affiliate’s application to enrol in the Affiliate Programme, a contract shall be formed between the Company and the Affiliate, subject to and incorporating these Terms and Conditions (“the Agreement”). The Affiliate shall be notified forthwith and the date on which the Agreement is formed shall be referred to as the Effective Date.
2.5 The Agreement shall be non-exclusive and shall not restrict or prevent the Company from entering into similar or different arrangements with third parties.
3. The Company’s Obligations
3.1 The Company shall be responsible for operating and maintaining the Company Website.
3.2 The Company shall create, operate, and maintain Affiliate Landing Pages.
3.3 The Company shall use the Affiliate’s logo and other materials provided by the Affiliate (including, but not limited to, marketing materials, media, copy and promotions) on the Affiliate Landing Page solely for the purposes of the Affiliate Programme, in accordance with these Terms and Conditions [and any reasonable written instructions provided by the Affiliate].
3.4 The Company shall provide to the Affiliate the required materials to link to the Affiliate Landing Page. These materials include the code for the link and an image file OR image files to which such code should be applied, if relevant.
3.5 Access to the Company Website shall be provided to all Affiliate Referred Users in accordance with the Company’s standard website terms of use, terms of sale, privacy policy, and other applicable terms and policies which may apply from time to time.
3.6 The Company reserves the right to change the name of the Company Website at any time without notice.
