AFFILIATE MARKETING TERMS AND CONDITIONS
1 Appointment
1.1 We appoint you to advertise and promote our services and products by displaying a link to our services on your website in return for a commission fee.
2 Commission
2.1 You shall receive a commission fee for each end customer that has been successfully referred to the Lightspeed products and services through a link displayed on your website.
2.2 An end customer shall be successfully referred if they:
2.2.1 are diverted to the Lightspeed website through a link on your website;
2.2.2 complete a transaction by purchasing a Lightspeed service plan from the Lightspeed website and successfully connect on to the services;
2.2.3 remain a Lightspeed customer for longer than 30 days after the purchase of a service plan.
2.3 In the event a successful referral has been completed in accordance with Clause 2.2, we shall pay you the commission fee of £25 per successful referral (unless otherwise agreed in writing).
2.4 You shall not receive a commission fee in the following instances:
2.4.1 the referred customer was already a Lightspeed customer;
2.4.2 the referral was not fully completed online and/or if any part of a customer’s order was completed over the telephone;
2.4.3 the transaction was completed more than 30 days after the customer originally clicked through the referral link on your website (and we have verified this activity through the use of cookies); or
2.4.4 the customer does not remain a Lightspeed customer for more than 30 days or their order is cancelled.
2.5 In the event of a de-duplication, Lightspeed operate on a last click basis. You therefore shall not receive any commission fee in the event the customer completes a transaction through a link on a different page to yours.
2.6 Any commission fee shall be paid directly to the bank account details you have provided 30 days following the completion of a referral in accordance with Clause 2.2.
3 Affiliates Obligations
3.1 You must have signed up to the Lightspeed referral network and have been verified by Lightspeed before you can use our brand, trademarks, logo and materials on your website.
3.2 Unless we have agreed otherwise in writing, you must only use our brand, trademarks logos or materials that has been either provided by us or provided to you upon signing up to the Lightspeed referral network.
3.3 You agree that you shall not make any representations or commitment about Lightspeed, our website or our products and services, other than those which we have agreed.
3.4 You must not do anything which may bring the Lightspeed brand and services into disrepute or harm including but not limited to:
3.4.1 advertising Lightspeed and our products any emails or websites must be clearly co-branded with the affiliate brand i.e. not look as though they are LightSpeed’s own site.
3.4.2 by displaying or making reference to any offensive, violent, pornographic, racist, libellous, derogatory or terrorist related content;
3.4.3 advertising Lightspeed and our products and services on any website affiliate with gambling or adult content.
3.5 You shall not have the authority to act on Lightspeed’s behalf in any way other than as agreed in these terms and conditions or by express permission, including taking any telephone calls to sell the Lightspeed services and products.
3.6 Lightspeed may at any time request that you remove or take down from your website any material relating to them, their products or services and you shall use your best efforts to comply with such request as soon as practicable and in any event within 7 days of receiving the request.
3.7 PPC - You must not bid on any pure brand terms, any keyword string that includes our brand, or variations/misspells of our brand, unless formally agreed. Please ensure that you negatively match the pure brand term, and string including our brand, and any variations/misspells of our brand to ensure compliance. Failure to comply may lead to Termination.
4 Term and Termination
4.1 These terms and conditions shall commence on the date you sign up to them and shall continue for as long as you continue to be signed up to the Lightspeed referral network.
4.2 We may terminate our relationship with you and remove you from the Lightspeed referral network with immediate effect in the event you breach any of these terms and conditions.
4.3 In the event you breach any of these terms and conditions, you may also have your commission fee withheld until the breach is remedied or if you are unable to remedy the breach then you may forfeit your commission.
5 Consequences of Termination
5.1 Upon removal from the Lightspeed referral network all licences and benefits granted under these terms and conditions shall immediately terminate and you shall no longer promote Lightspeed’s trademarks, logos and contents on your website.
6 Data Protection
6.1 We acknowledge that no personal data shall be shared during the course of your relationship with us. However if it any personal data is shared between us, you agree to comply with the requirements of all legislation and regulatory requirements in force from time to time relating to the use of personal data, including (without limitation) the Data Protection Act 2018 as amended and the General Data Protection Regulation (EU 2016/679) as retained by UK law.
7 Intellectual Property
7.1 You acknowledge and agree that Lightspeed shall own all the intellectual property rights in the Lightspeed branding, content, trademarks and logos provided to you for use on your website. You acknowledge these terms and conditions does not grant you any rights to, or in, the lightspeed intellectual property or any other rights or licenses belonging to Lightspeed.
8 Indemnity
8.1 You shall indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any indirect or consequential losses and loss of profit ) suffered or incurred by Lightspeed arising out of a breach of these terms, in connection with your website or your marketing of our services or goods, or from a claim made against us for actual or alleged infringement of a third party’s intellectual property rights arising out of the performance of these terms and conditions.
9 Limitation of Liability
9.1 Nothing in this Agreement excludes the liability of either party:
9.1.1 for death or personal injury caused by the other parties negligence;
9.1.2 for fraud or fraudulent misrepresentation.
9.2 Both parties’ total aggregate liability in connection with these terms and conditions shall be the greater of either £3,000 or the amount paid by Lightspeed to you in commission fees during the 12 months preceding the date on which the claim arose.
10 Exclusivity
10.1 This Agreement is non-exclusive and shall not prevent the Provider from entering into similar or different Agreements with third parties.
11 Notices
11.1 All notices shall be sent to marketing@lightspeed.co.uk.
