Terms and Conditions
Updated 28.06.24 by Elliot Myers.
Please read these terms and conditions carefully.
Questions should be sent to:
These terms are between you and the brand.
Where a delegated authority is present, they shall not be bound to either party; however, they may act on behalf of the brand to enforce the terms.
Disputes are ultimately between you and the brand, and you may not seek action of any kind against the delegated authority.
The delegated authority for the terms is The Affiliate Marketing Agency, The Affiliate Marketing Advisor Limited, who has consented to act on behalf of the brand.
By joining this Affiliate Marketing Programme, you accept:
Your acceptance is not consent to begin marketing activity and you need to seek written consent by showcasing in granular detail how you intend to market the brand, how long for, who is involved, a point of contact, all environments marketing will appear on, ad copy, images, video, audiences and their demographics, GDPR compliance where relevant and any other information that provides total clarify of how marketing will take place without exception.
Any breach of these terms shall result in the decline of pending commissions. Approved commissions shall be reversed and declined. Commissions paid out shall be returned to the brand. There shall be no circumstances whereby a breach doesn't result in any money paid to you by the brand directly or via the Affiliate Network being declined, reversed or returned.
The remedy of a breach shall be at your own time and expense.
You waive the right to any legal challenge of a breach and any efforts to seek support or remedy from the Affiliate Network.
You acknowledge and understand with no ambiguity or doubt and forfeit any right to contest or seek remedy, that no marketing, promotion, advertising or publishing of any kind through any medium, content or source shall be done without written consent from a representative of the brand or authority the brand has delegated to make such decisions. For the avoidance of doubt your acceptance to the programme is not consent.
You accept that it is your sole responsibility to ensure all marketing, promotion and advertising meet the brand's standards and that it is your responsibility to seek out and understand these standards and for all marketing, promotion and advertising to be checked by a representative of the brand or a delegated authority in all and every instance without exception. For the avoidance of doubt your acceptance to the programme doesn't mean your marketing, advertising and promotions meet the brand’s standards.
Your own marketing standards should never be used in place of written standards provided by the brand or delegated authority.
Insertion Orders, written agreements and contractual agreements are between you and the brand; if a third party, such as an agency or consultant, facilitates an agreement, they shall not be liable for any of the clauses in the agreement, and this shall take supremacy over any terms or agreement whereby you state the third party has liability.
Transaction disputes should include written evidence per claim that such a dispute is legitimate, and you accept that a lack of any written support when raising a claim shall result in it being declined.
Transaction disputes shall be limited to a period of 5 working days after a sale has been declined and may not be raised at any date after this period for any reason.
You agree that you shall not have a right to challenge the decline of sales and accept that the judgment made by the brand is accurate and in good faith.
You agree to represent the brand with due care, diligence, and to an excellent professional standard, and you will not under any circumstances portray the brand in a manner that may cause consumers to view the brand negatively.
If you work with third parties that promote the brand on your behalf or at your instruction or facilitation, you accept full liability for their actions and guarantee you shall ensure they adhere to these terms and conditions in full and that you will provide the brand or delegated authority are fully aware of who they are, their advertising, marketing and advertisements before they are published in every instance and that any breach of the terms due to their actions shall be your responsibility and any loss, cost or damages they seek for any reason shall be your sole responsibility and you may not seek to pass these onto the brand or delegated authority under any circumstances or for any reason. Any cost, loss or damages sought by the brand or delegated authority shall be your sole responsibility and you may not pass these on to the third party.
Under no circumstances should bots, artificial intelligence, cookie stuffing, click bots, spoofing, fake impressions, malicious software, fraudulent techniques and software, false sales techniques or any technique that the brand or delegated authority may interpret as dishonest or non-legitimate be utilised at any time for any reason, any such actions as deemed dishonest or non-legitimate by the brand or delegated authority shall result in the decline of all pending and approved commissions and any commissions paid out directly by the brand or via Affiliate Network shall be returned in full for an unlimited period at your own time and cost, you waive any right to contest a request and waive your right to legal remedy, you must comply with the instructions of the brand or delegated authority in full.
You agree that if in any doubt you should seek consent from the brand or delegated authority before taking a course of action.
Assets and ad copy must be approved by the brand or delegated authority before they are published in every instance.
The use of toolbars, scraping software or any software or technique to harvest any sort of code or incentive is forbidden.
Where samples, gifts or any product or service is given to you by the brand, you agree that failure to create favourable promotional activity within 14 days shall mean you will be charged the RRP value of the product or service and shall make a payment within 1 working day of an instruction to pay being made.
Any use of cashback to market the brand should not include the usage of coupons, vouchers incentive codes or any kind, unless express written consent is given in advance of the publication of marketing.
Businesses and individuals utilising cashback are responsible for the prevention of fraud and the cost to remedy any loss or damages caused to the brand or delegated authority.
The promotion and marketing of any kind of voucher, coupon, incentive, or promotion is not permitted without consent.
Review and other written content may not unfavourably portray the brand without prior consent.
Email activity or any kind including the use of a database shall not include data gathered with the use of incentives or persons that have not double opted in to receive messages, all data must be GDPR compliant, and you accept any non-compliance shall be your sole responsibility you will pay for any damages, losses, fines and any other penalties.
Pay-per-click or any bidding activity where the brand's terms including abbreviations, misspellings, slang or names, are forbidden unless written consent is provided before the activity begins.
Display advertising of any kind including re-targeting must first include the assets used, ad copy used, audience targeting details in full, environments the ads are served in full, total transparency must be provided as well as written consent before any marketing begins.
Aggregation and comparison must use accurate products, ad copy, pricing, imagery and other details. If you use this method to market the brand you should always inform the brand when making changes to the position or location of products and seek consent for any changes to ad copy, imagery or marketing.
CSS, Google Shopping, Bing Shopping and any other use of bidding to appear on a search engine area designated for shopping comparison ads must be with prior consent and bids may not include the brand’s terms, misspellings or abbreviations unless written permission is given.
Any type of marketing not covered in these terms should be approved in writing, for the avoidance of doubt, consent of any kind can only be given in writing and consent should never be implied for any reason, under any circumstances.
Consent for a piece of marketing doesn't mean consent is given for another, consent should be sought for each instance of marketing with no exceptions.
Non-enforcement of any of the terms does not mean consent is given, enforcement shall not have a time limit and can be taken at any time if consent is not present for an action or instance of marketing.
For the avoidance of doubt, any misspelling, grammatical errors or ambiguity in these terms cannot be used as a justification for any action taken that the brand or delegated authority interprets as a breach, and you should always seek to clarify uncertainty.
