1. This Agreement details the Terms and Conditions under which you are accepted as an Affiliate of R. Twining and company Ltd and governs all activities through the Twinings Affiliate programme via Affiliate Window and are supplementary to Affiliate Window’s publisher terms and conditions.
1.1 Twinings reserves the right at its sole discretion to reject an Affiliate’s application to join the Affiliate Programme.
1.2 On receipt by you of confirmation from Twinings that you have been accepted as an Affiliate, the Agreement shall come into force and shall be automatically binding.
2. Obligations of the Affiliate
2.1 Affiliates must ensure that all information provided when joining the Twinings affiliate programme is complete and accurate and not misleading.
2.2 The Affiliate is responsible for providing accurate and up to date details within Affiliate Window for the purposes of receiving payment or being contacted by Twinings. Twinings shall not be liable for any communication or payment that does not reach the Affiliate due to the inclusion of incorrect details within the Affiliate’s account details.
2.3 The Affiliate shall not use or enable any third party to use information or data obtained through use of the affiliate account for the purpose of sending or generating unsolicited bulk e-mail or spam.
2.4 The Affiliate shall not at any time use a non-authorised site for any purpose directly or indirectly connected with this agreement.
2.5 The Affiliate website must comply with all applicable laws, government rules and regulations and industry codes including (without limitation) those relating to data protection and advertising including Advertising Standards Authority http://asa.org.uk/Advertising-Codes.aspx and Committee of Advertising Practice Codes http://bcap.org.uk/The-Codes/CAP-Code.aspxand Office of Fair Trading Consumer Credit Act Advertising Regulations http://www.oft.gov.uk/about-the-oft/legal-powers/legal/cca/guidanceFor the avoidance of doubt, it shall remain the responsibility of the Affiliate to ensure that they adhere to these codes and regulations.
2.6 The Affiliate Website does not and shall not display or contain any information or materials or hypertext links to information or materials that are in breach of the Intellectual Property Rights of any Twinings or any third party.
2.7 The Affiliate Website does not and shall not display or contain any information or materials or hyper text links to information or materials which contain adult content including porn, adult video or adult products or may be objectively considered to be defamatory, libellous, obscene, pornographic, offensive, abusive, violent, bigoted, threatening, blasphemous or liable to incite racial hatred or which promote any illegal activity including (but not limited to) cracking, hacking.
2.7.1 Twnings should also not be advertised on or next to any of the following:
- Politically affiliated sites
- Religious affiliated sites
- Sites that engage in spamming, indiscriminate advertising or unsolicited commercial email, cybersquatting or typosquatting.
- Under construction sites/sites with missing or broken links
- Sites with potential links to copyright infringements (e.g. file swapping), plagiarism (e.g. essay writing), or unlicensed software sites.
2.7.2 Gambling/casino/betting, dating and gaming sites:
- Affiliate Sites that have links to gambling/poker/betting sites as part of a directorycould be accepted if Twinings products are not promoted in proximity to the questionable content e.g. there must be no link made between Twinings products and gambling
- Sites and links relating to gambling/casino/betting, dating and gaming must be approved by Twinings before activity is implemented
2.8 The Affiliate shall not generate transactions by means which in the opinion of Twinings, and communicated from time to time, are either fraudulent, unethical or that carry an unacceptable brand and/or reputation risk to Twinings. No commission will be payable where in Twinings’s reasonable opinion traffic has been generated by such means.
2.9 The Affiliate shall ensure that it, at all times, complies with the specific programme rules in respect of its activity on each Programme.
2.10. Only voucher codes authorised and distributed via the Affiliate Window platform may be promoted using Affiliate Window tracking links. Promoting any unauthorised codes will result in a loss of commission.Comission will not be paid out on bulk/trade orders.
3. Paid Search Activity
3.1 Affiliates are not permitted to bid on brand terms or any misspellings for the purpose of generating traffic through paid for activity across search engine operators (for example, Google, Yahoo or Bing). In the event that there is any ambiguity then the Affiliate shall seek written approval from Twinings before completing any paid search activity.
3.2 Affiliates are not permitted to use Twinings brand terms within their domain name or display url eg: www.twiningsaffiliatesite.co.uk. However you may use the brand within subdomains for example www.affiliate.com/twinings or twinings.affiliatesite.co.uk
3.3 Affiliates are not permitted to use the Twinings brand term in their ad copy across paid for search activity.
4. Linking Activity
4.1 The Affiliate accepts that the Twinings Affiliate Programme is operated on the basis that the Affiliate promotes marketing material to a user, on the Affiliate website, who then clicks through to the Twinings website to complete a transaction. Any other activity (without limitation) used by the Affiliate to generate referrals requires written permission from Twinings, including, for the avoidance of doubt, Lead Generation, Social Networks, Cashback or Email Promotion.
Under no circumstances should any advertising or traffic be driven from any category of site detailed in section 2.7 and 2.7.1
4.2 Affiliates must not attempt to force or incentivise clicks. Customers must be aware that they are clicking on a link that will direct them to the Twinings site and must do so of their own accordance.
4.3 Whilst accepting no responsibility of any kind for the contents of any Affiliate website, Twinings reserves the right to monitor the Affiliate website and any links from or to it, including but not limited to Twinings links, provided copy and graphical banners. If, in Twinings’s reasonable opinion, it considers that the Affiliate website is unsuitable for the promotion of Twinings’s s products it may in its sole discretion require amendments or alterations to the Affiliate website.
4.4 The Affiliate shall at all times ensure that Twinings is made fully aware of all methods and websites that are being used to generate traffic to the Affiliate site using Twinings branded terms or Twinings brand advertising, all such activity must be provided to Twinings for approval prior to implementing, failure to do this will result in a severe breach the consequences of which are detailed in 5.
4.5 The Affiliate warrants that it shall not use the Twinings brand to promote any other advertiser.
4.5 The Affiliate must ensure that all websites that are actively promoting Twinings services are included within the Affiliate account when signing up to the Affiliate programme.
4.6 In the event that Twinings receives a complaint from any third party relating to the Affiliate website or any methods employed by the Affiliate to direct internet traffic to or through it, the Affiliate shall co-operate with Twinings to facilitate the investigation of such complaint. Twinings may in its sole discretion require the Affiliate to amend or remove the subject matter or methods complained of.
5. Creative
5.1 The Affiliate shall at all times respect the intellectual property and other rights of Twinings. The Affiliate shall indemnify and keep indemnified Twinings against any and all damages costs losses and expenses arising directly or indirectly from any breach or infringement by the Affiliate of such intellectual property.
5.2 The Affiliate's website design and its copy content must clearly indicate it is a third party endorsing Twinings.
5.3 The Affiliate shall not alter, edit or amend any promotional material provided to it by Twinings for inclusion on the Affiliate website including but not limited to graphical banners, text links, intellectual property of Twinings, editorial or creative without the prior consent in writing of Twinings.
6. Consequences of the breach
- Severe Breaches
- Any advertising placement of Twinings in areas prohibited by current listing in 2.7 and 2.7.1
- Any unauthorised content and marketing of Twinings without approval even on sites which are permissible
- Any breach of bidding on brand terms to be negatively matched to
- All such breaches will result in an immediate withdraw and removal of the activity by Twinings
- Twinings have the right to immediate withdraw any Affiliate from the scheme and withhold any payment from any activity in the month of the breach.
- Minor Breaches
- Such as broken links, miss spelling, grammatical issues, quality of site or presentation which is deemed harmful to the brand
- Twinings will operate a three strikes warning policy. Whereby affiliates who are in breach more than three times may be removed from the scheme and have payment withheld for activity in the month of the breach.
