This affiliate marketing Agreement ("Agreement") is made between You, the Partner (as defined in the AWIN Partner Terms and Conditions ("You" or "Your") and On the Beach Limited t/a On the Beach ("We", "Our" or "Us"). Your agreement with AWIN, as the technology provider is available here: https://AWIN.com/legal/partner-terms-and-conditions.
This Agreement governs Your participation in an affiliate program ("Campaign") with Us through AWIN and forms part of the Campaign Description (as defined in the AWIN Partner Terms and Conditions above). By accepting these terms and conditions, You agree that:
• if the Partner is an individual, You have the capacity and authority to enter into this Agreement or if the Partner is an organisation, You have authority to enter into this agreement on the Partner’s behalf; and
• You have read and understood the Agreement, and therefore will be liable in the event of a breach of any of the Agreement.
Each party agrees as follows:
1. Partner Participation and Promotional Methods
1.1 You agree:
• to participate in the Campaign to the best of your skill and ability and promptly comply with Our reasonable instructions in connection with the Campaign and with Our brand guidelines, as notified to You from time to time.
• to comply with the CAP and BCAP advertising codes, all applicable laws and all applicable regulatory guidance, as updated from time to time.
• that the links on your Site (as defined below) comply with the requirements specified in this Agreement.
• not to make any representations, warranties or other statements concerning Us, Our site, any of Our products or services, or Our website policies, except as expressly authorised in writing by Us.
• not make any derogatory statement about Us, any group company or our brand relating to the Company in public, online, to the press or elsewhere.
1.2 We reserve the right to re-evaluate Your participation in a Campaign at any time. We may reject Your request to participate in a Campaign or remove You from a Campaign at any time and without notification, if We determine that Your site is not suitable for our Campaign and/or brand, including, but not limited to, where:
• Your website or social media sites (“Site”) contain content which infringes, or attempts to help others infringe, any third-party copyright, trademark or any other intellectual property right, confidentiality or rights under applicable data protection legislation.
• Your Site contains content contains offensive or inappropriate content that, without limitation, (a) is obscene or indecent, (b) promotes discrimination, harassment, violence, (c) contains profanity, (d) intended to defame, threaten, cause offence, annoyance, embarrassment, distress or other emotional harm to any person or (e) is otherwise harmful, unlawful or illegal.
• Your Site contains content which promotes any other behaviours which are unacceptable to Us in Our sole discretion.
• Your website content includes misleading or false information regarding Our brand and the products/services offered including, without limitation, promoting false or invalid voucher/coupon codes on Your site. If we choose to offer voucher codes, You must only use voucher codes provided by Us directly or via the AWIN platform.
• Your Site impersonates Us or Our brand, either directly or by using misspellings or variations of Our brand name(s).
• You are found to be generating AWIN tracked events ("Conversions") with false information or sales. This may include incentivising Your audience to complete actions on Our website in a way that has not been pre-approved by Us.
• You are found to be actioning paid search, pay-per-click (PPC), search engine marketing (SEM), ™ + or email marketing activity related to Our brand, without Our prior written consent.
1.3 If Our permission is required for any reason, You must send Your proposal in writing to the Brand Contact Email listed in AWIN. We may refuse permission to any proposal in Our sole discretion.
1.4 If You breach any terms of this Agreement, We may take the following actions against you depending on the severity and damage caused to Our brand:
• Immediate removal from the Campaign, and potentially other campaigns within Our AWIN network;
• Rejection of any Commission generated within AWIN; or
• Freezing of all outstanding Commission payments within AWIN.
2. Commission, Linking and Creative Content
2.1 We shall pay you a commission (such amount as set out in the Campaign) for each Conversion approved by Us. Any decision whether a commission is due and payable for a Conversion shall be decided by Us in Our sole discretion. For the avoidance of doubt, if a Conversion has not been approved by Us via the AWIN platform, no commission shall be due and payable on such Conversion.
2.2 As part of a Campaign, We may upload creative materials to promote Our brand ("Content") to the AWIN platform which You can display on Your website. Such Content may be an image, HTML, text and/or product feeds and will include a Tracking Link. We grant you a non-exclusive worldwide license to use the Content solely for the purpose of the Campaign. You must only use Content provided via the AWIN platform or Us directly on Your Site. Other than under this license, You shall not acquire any right or title to the Content. Any goodwill derived from Your use of the Content shall accrue to us.
2.3 At any time, We may, with or without notice, (a) change, suspend or discontinue any aspect the Campaign including, without limitation, the Tracking Link or the commission or (b) remove, alter, or modify any Content. You will promptly implement any request from Us to remove, alter or modify any such Content.
2.4 If You use any third party when performing the services required under a Campaign including any subnetwork partner, you shall provide us with such party’s entity name, brand name and contact details via the AWIN platform. If You fail to do so, You may be removed from the Campaign and any commission earned as a result of the Campaign may be cancelled without liability.
2.5 If a Conversion is disputed ("Transaction Query"), such dispute must be submitted through the AWIN platform promptly and no later than 30 days from the Conversion transaction date. Any decision made about a Transaction Query shall be at Our sole discretion.
3. Your Additional Responsibilities
3.1 You are responsible for notifying Us and AWIN of any malfunctioning of the Tracking Links or Content, or other problems with Your participation in the Campaign. We will respond promptly to all concerns upon receipt of Your notification.
3.2 We may make changes to this Agreement at any time. Any changes will be notified to approved Partners on the Campaign via the partner contact email address listed in AWIN. It is Your responsibility to keep Your contact details up to date in AWIN.
