RAC Affiliate Program Terms and Conditions
These Terms and Conditions ("the Terms") constitute the Agreement between RAC and the Affiliate and shall govern the Affiliate's participation in the RAC Affiliate Programme.
Please read these Terms carefully as any failure to adhere to these Terms may result in loss of Commission and immediate termination of the Agreement. The Affiliate shall indemnify RAC both during and after termination of this Agreement in accordance with Clause 17 below for any breaches of this Agreement.
By signing and returning these Terms (or responding to the relevant email request from Affiliate Window requesting acceptance of these Terms) to Affiliate Window you indicate acceptance to these Terms and to the indemnities set out in Clause 17 below.
Any breach of these Terms may result in one or all of the following remedies:
- Immediate termination of this Agreement (and therefore removal from the RAC Affiliate Programme)
- All associated Commission is void for payment
- Responsibility for payment of regulatory (including FCA) penalties, fines and interest incurred by RAC where the Affiliate has made any changes whatsoever to the Content provided to it by Affiliate Window and/or RAC resulting in a loss to RAC (PLEASE READ Clause 2 carefully in respect of use of the Content before accepting these Terms)
The following definitions apply to these Terms:
means an individual or entity who has accepted these Terms to participate in the RAC Affiliate Programme;
any website where the Affiliate has placed Links;
means Digital Window Limited (company registered no 04010229) whose registered address is at 3rd Floor, 100 Leman Street, London, E1 8EU;
means the monies accrued by the Affiliate through their participation in the RAC Affiliate Program in accordance with Clause 15.1;
means the Financial Conduct Authority;
the hyperlink references (whether text, button, banner or any other format) from an Affiliate Website to RAC’s Website;
means RAC Motoring Services (company registered no 01424399_ whose registered office address is at RAC House, Brockhurst Crescent, Walsall, WS5 4AW;
“RAC Affiliate Program”
means the program which allows affiliates to promote RAC products and services in return for a Commission which is administered by Affiliate Window on behalf of RAC;
any website owned or operated by the RAC which sells goods or services to Visitors or endeavours to raise the RAC’s profile;
any person or entity that clicks on a Link;
- Rules of Engagement
- The Affiliate is only permitted to use the RAC Brand and logo, the online adverts, creative, imagery, display banners, pricing information and product copy (“the Content”), on the Affiliate Website in accordance with this Agreement.
- The Content shall be made available, via the Affiliate Window interface on a regular basis.
- RAC does not wish to participate in third party email activity of any kind. The Affiliate is not permitted in any circumstances to send any emails containing any Content (subject to 2.4 below).
- RAC may at its sole discretion give permission to the Affiliate to send emails to third parties. The Affiliate must first obtain the prior written consent of Affiliate Window on behalf of RAC. Where permission is granted all third party emails must be submitted to Affiliate Window for RAC’s prior approval.
- By joining the RAC Affiliate Programme and promoting the RAC’s brand within the affiliate channel the Affiliate agrees to use all Content in accordance with all guidance and instructions notified to the Affiliate by Affiliate Window and/or RAC.
- The Affiliate is not permitted to alter the Content provided via the Affiliate Window interface (subject to Clause 2.7 below).
- In circumstances where an Affiliate wishes to use different content or to alter the Content in any way, the proposed copy should be sent to RAC for approval prior to being published on the Affiliate’s Website.
- Affiliates using bespoke content will be required to include a unique reference number on any RAC specific section of the Affiliate Website.
- Any costs incurred by the Affiliate in providing and maintaining the Content shall be the sole account of the Affiliate.
- The Affiliate must only use links provided by Affiliate Window on behalf of RAC to allow campaign tracking via Affiliate Window.
- The Affiliate will be required to provide Affiliate Window with a list of all URL’s where advertising will be used. This list must be keep up to date.
- All Content used by the Affiliate on the Affiliate Website or (where permission has been granted in writing by Affiliate Window on behalf of RAC) in third party emails must be in relation to the current RAC offer or promotion and any changes should be implemented by the Affiliate prior to the Offer Start Date as notified to the Affiliate by Affiliate Window and/or RAC. It is also the Affiliate’s responsibility to ensure that any listed prices/discounts/offers/content and creative is updated within one (1) day from the date the changes have been communicated to you by Affiliate Window and/or RAC or by the Offer End Date as notified by Affiliate Window to you (whichever is the earliest).
- De-duplication Rules
- RAC pays out on a ‘last click wins’ basis. RAC sales are de-duplicated using DART against the following online advertising channels:-
- PPC Brand
- PPC Generic
- Email Advertising
- Display Advertising
- Direct Partnerships
- Price Comparison
- RAC pays out on a ‘last click wins’ basis. RAC sales are de-duplicated using DART against the following online advertising channels:-
- Cookie Length
- Cookies used as part of the De-duplication process shall be stored for 30 days only.
- Disputed Transactions
- RAC will only investigate disputed transactions if RAC is notified by the Affiliate within seventy five (75) days of the date of the disputed transaction. All transactions must be submitted within six (6) months to Affiliate Window for Commission to be paid.
- Affiliates permitted to join the RAC Affiliate Program
- Compliance with the Law
- Before joining the RAC Affiliate Program, please ensure the Affiliate Website does not display or sell advertising that contravenes any law or regulation governing false or deceptive advertising.
- The Content and RAC Website is owned by RAC and is protected by the law relating to trademark and copyright
- RAC is or has the rights to use the RAC brand and hereby grants the Affiliate a revocable, non-transferable, royalty free, license to display and link to the RAC Website and all trademarks, service marks, trade names, and/or copyrighted material ("Content") from the Affiliate Website and/or subscription e-mail for the limited purposes of promoting the RAC Affiliate Program and subject to the Terms of this Agreement. The foregoing rights are not sub-licensable by the Affiliate. The license /is conditional upon the Affiliate (a) not otherwise copying nor modifying, in any way, any icons, buttons, banners, graphics files or Content that is made available to the Affiliate (b) not removing or altering any copyright or trademark notices.
- Affiliates must not directly or indirectly bid on the Word Mark ' RAC ' or derivatives or confusingly similar words
- No Doorway pages to be built around searches for RAC
- No Masked URL's (inc add to favourites buttons)
- Must be able to navigate using the browsers back button
- The Affiliate must not purchase, license, or operate any domain name which is confusingly similar to the URL of RAC’s Website
- PPC Brand Bidding
- Affiliates may not bid/appear on RAC trademarks, misspellings, variations of RAC’s trademarks or branded product terms (e.g. RAC Breakdown Cover) on all internet search engines in paid search positions unless the Affiliate is invited to join a closed brand bidding group. Any unauthorised Affiliate found contravening this will be removed from the RAC Affiliate Programme and all associated Commission shall be void.
- PPC Generic Bidding
- Where an Affiliate requires verification from the RAC under Google’s UK Financial Services Verification process for approving third-party ads, the RAC is in no way responsible for the Content. Without prejudice to RAC’s other rights and remedies under these Terms, the Affiliate indemnifies RAC both during the term of this Agreement and following termination of this Agreement from any losses, claims, liabilities, fines, penalties, interest and expenses arising from any complaint in relation to the Content.
- Unsuitable content
- The Affiliate Website must reflect favourably on RAC. The Affiliate agrees not to provide, promote, distribute, place or otherwise publish any content which is libellous, defamatory, obscene, pornographic, abusive, or otherwise objectionable, fraudulent or violates any law.
- The Affiliate further agrees not to place Links on any websites that are pornographic (or display pornographic material or advertisements); that promote or condone violence, bigotry or hatred; or that promote any illegal activity including (but not limited to) warez, cracking, ROM or emulator sites, or hacking. The Affiliate remains solely responsible for the content of its website
- RAC will not knowingly engage in any fraudulent activity whether directly or indirectly. Any Affiliate found to be engaging in any illegal activity will be reported to the appropriate authority and removed from the affiliate programme. RAC reserves the right not to pay Commission on any policy found to be fraudulent, whether direct or indirectly the fault of the affiliate.
- Affiliates must act ethically and reasonably in their participation in the RAC Affiliate Program and their provision of Visitors to RAC’s Website. Affiliates must not do anything (or cause or permit anything to occur) which will cause RAC to pay Commission to an Affiliate on sales made by the RAC which the Affiliate did not procure legitimately
- Management Information
- The Affiliate may be required to attend a quarterly review meeting/ teleconference with Affiliate Window and/or RAC to discuss performance. The Affiliate may be required to provide Affiliate Window and/or RAC with information in respect of:
- Search & Marketing spend
- Traffic volumes
- RAC Click Through Rate and Earnings Per Click
- RAC may in its discretion request a monthly meeting with the Affiliate to enhance/ develop the business relationship.
- Auditing and Compliance:
- The Affiliate Website will be audited on a monthly basis by Affiliate Window and/or RAC to ensure the correct Content is being used by the Affiliate and that the Affiliate is displaying the correct Content, offers and promotions as notified by Affiliate Window and/or RAC which are changed on a regular basis.
- If the Affiliate is not displaying the correct Content, imagery or offering, the Agreement shall be terminated immediately and any pending sales that the Affiliate is awaiting payment for shall be rejected.
- Affiliates that are removed shall not be allowed to reappear on the RAC Affiliate Program without explicit authorisation from RAC.
- RAC in association with Affiliate Window will monitor the Affiliate’s pages to identify any breaches to the above terms and conditions.
- RAC Affiliate Programme Termination
- RAC may terminate the Agreement immediately for convenience. In the circumstance where the Affiliate is given notice to leave the program, the Affiliate may not rejoin.
- The Affiliate is entitled to terminate this Agreement upon one (1) months prior written notice.
- The Affiliate must cease to use the Content immediately upon the termination of this Agreement and delete all Links to the Affiliate Website. For the avoidance of doubt the Affiliate shall not be entitled to receive any Commission on any sales made after the termination date
- The Affiliate will receive Commission for each genuine new sale, based on current commission rates as notified by Affiliate Window to you. For any sales, a genuine sale is defined as a new customer to the RAC who has not had a policy within the last 120 days.
- Payment of Commission shall be withheld if:
- The customer cancels the policy within the 14 day cooling off period or payment by the customer fails
- The Affiliate deviates from the terms of this Agreement.
- The sale of a policy is found to be fraudulent as the result of the Affiliate and/or a customer (e.g. where a stolen credit card has been used).
- The amount payable will be recorded by Affiliate Window and verified by RAC.
- RAC may from time to time vary the payment structure. Affiliates will be given a minimum of 5 working days notice for commission decreases and one (1) working day notice for commission increases and be informed via email from Affiliate Window.
- Representations and Warranties
- The Affiliate represents and warrants that:
- it has the authority to enter into this Agreement;
- the Affiliate Website is in compliance with all applicable laws, rules and regulations (including but not limited to ASA and FCA rules and guidance);
- any information displayed on the Affiliate Website regarding RAC is correct and not misleading.
- the Affiliate indemnifies RAC both during the term of this Agreement and following termination of this Agreement from any losses, claims, liabilities, fines, penalties, interest and expenses arising from any breach of the Agreement including any breach of Clauses 2, 7, 8, 9, 10, 11, 15, 16. The Affiliate shall also compensate RAC for any other damages or costs caused by the Affiliate's improper, negligent or unauthorised use of The RAC Affiliate Program and technical problems or loss of data caused by the Affiliate’s Website
RAC reserves the right to amend and update these Terms at any time giving notice of when changed terms are posted on the Affiliate Window Website or in an email/newsletter.