LivingSocial.co.uk Affiliate Publisher Terms and Conditions
March 2016
Overall
LivingSocial is one of the largest, fastest-growing daily deals sites in the UK. We serve national, travel, and local deals to over 7 million subscribers across the nation on a daily basis.
We are committed to helping our publishing partners maximise their revenue and we welcome innovation and new ways of thinking. We will reward the proper treatment of our customers, our business and our product through listening and communication with genuine partners who want to share in our business partnerships.
By accessing or participating in the LivingSocial programme, you accept and agree to these terms and conditions, as updated by us from time to time. Unless explicitly authorized otherwise by us, the following Programme restrictions apply.
Both parties warrant that at all times they shall have the full right, power and authority to enter into these terms and conditions and perform all of their obligations and grant the necessary rights in these terms and conditions.
We will monitor our partners’ adherence to these terms. If your site(s) is/are not in compliance with any terms and conditions of this agreement or we believe that you are acting inappropriately, we may: (a) remove your site(s) from the LivingSocial Programme; (b) terminate our relationship with you under these terms and conditions; and/or (c) require you to refund any payments made by us to you during the period of non-compliance.
We reserve to right to decide, at our sole discretion, which sites we admit into our programme. We can terminate these terms and conditions and your access to the LivingSocial Programme immediately at our sole discretion.
The singular use of ‘site’ shall (where appropriate) also denote the plural.
Types of Partner Sites
We are open to working with a variety of partner sites, however we cannot work with the following sites:
1. Sites that contain or link to any of the following (but not limited to):
- Sexually explicit material, images, language or text
- Content promoting or showing violence
- Strong political views
- Obscene or defamatory material
- Discriminatory material or opinions based on: sex, ability, religion, political views, nationality, sexual orientation, age or race
- Sites promoting gambling
- Any illegal activities or unlawfully expressed opinions or material that promotes or encourages illegal behaviour
- Promote or contain any materials which infringe or assist others to infringe the intellectual property rights of others
- Contain any spyware, malware, virus, worm, trojan horse, or other subversive, malicious, or harmful code, or any application not expressly and knowingly authorized by users prior to being downloaded or installed on their computer or other device
- Any material or opinions that would bring our brand into disrepute
- Copy or resemble the look and feel of LivingSocial’s properties or create an impression that your Site(s) are part of LivingSocial.
You are solely responsible for your site, including all content and other material that appear on the site and ensuring that you have an adequate privacy policy in place and your site does not infringe any third party rights.
2. Cash back or voucher sites
We evaluate these types of sites on a case-by-case basis, and these sites must receive our prior written consent and abide strictly to the terms here and must abide to the specifications and spirit of the IAB Affiliate Council Regulations.
3. Non-Affirmative Action
We reserve the right to reject a site that (re-)direct users or send users directly or indirectly to LivingSocial’s website without requiring the user to click on a link or take some other affirmative action on that intermediate site or webpage. For example: PPC Direct linking, add to favourites, toolbars, pop unders, iframes.
4. Other restrictions
- We do not make payment on sales made post-impression.
- We do not make payment on sales from forced clicks.
We do not make payment on sales from traffic generated through broad match terms without negative exclusion on LivingSocial brand terms (see Search Marketing Guidelines).
Cookie Window
The LivingSocial affiliate programme works on a 30-day cookie window. As long as a click from another marketing channel does not follow your click, you will be paid commission on transactions that occurred up to 30 days after your click took place.
Invalid Purchases
We will only pay-out on purchases that are valid and have not-been refunded within a 30-day period. We do not retroactively invalidate products that have been refunded beyond the 30 day window. Any purchases that are later successfully refunded or cancelled for any valid reason, we reserve the right to not pay out to any source affiliate for those purchases.
We reserve the right to decline transactions where LivingSocial Wallet Credit or other discounts (e.g. voucher codes) were used.
From time to time, we may run deals with no margin on which we are unable to pay commission. Sales for these deals will either be processed at 0% commission or will be declined post sale. You will be informed about these deals as far in advance as possible.
Email De-duplication & Tracking Requirements
We will reject transactions where the last click source for the transaction is from LivingSocial email.
Commissions will only be paid on sales tracked by both Affiliate Window and LivingSocial (via our Omniture web analytics software). Any sale tracked by any other methods are not recognised by us and cannot be rewarded via commission. It is your responsibility to ensure that the traffic you refer can be tracked via both Affiliate Window and LivingSocial prior to setting live a LivingSocial campaign. We will not consider any applications for compensation post campaign due to sales tracked in alternative ways or traffic that does not include LivingSocial’s tracking code (see below).
You must use the click reference functionality in Affiliate Window to provide us with the Deal ID of the deal being linked to. The Deal ID can be found in the URL of each product page, and it must be contained in the click reference of each click in a standardised format. You must provide traffic to LivingSocial with the following url variable: “ito=livingsocialuk_affiliates_{your-AWIN-publisher-id}”. We must be able to track the referring link for all transactions for which commission is paid.
Click Ref Tracking
Publishers must turn on click-ref tracking. As an advertiser, we may, from time-to-time, request our click-ref data to better understand customer behaviour and to tweak our advertising programme. For information on implementing click-ref, please see the wiki here.
Paid Search Marketing Guidelines
You do not have the right to bid on any of the LivingSocial brands without prior permissions. All publishers, including you, must negatively match against all LivingSocial brands or risk suspension from the programme. If there is a commercial reason why this should not apply to you as a publisher, please contact us to obtain written permission for exemption from these terms. Please see the PPC tab for further details. For the avoidance of doubt the following words must be added to your search engine negative match list for all search engine campaigns:
- livingsocial
- livingsocialuk
- living social
- livinsocial
- livin social
- uk livingsocial
- livingsocial glasgow
- livingsocial deals
- livingsocial london
- livingsocial manchester
- livingsocial deals
- livingsocial co uk
- livingsocial edinburgh
- livingsocial birmingham
- livingsocial belfast
- livingsocial cardiff
- livingsocials
- livingsocial co.uk
- livingsocial.uk
- www livingsocial co uk
- livingsocial spa deals
- livingsocial newcastle
- livingsocial.co uk
- livingsocial voucher
- livignsocial
- livingsoshal
Display Marketing
We evaluate Display Marketing on sites on a case-by-case basis, and these activities must strictly comply with the terms here and must abide to the specifications and spirit of the IAB Affiliate Council Regulations. If you engage in Display Marketing activities without written consent from us, your will be deemed to be in breach of these terms and conditions.
Promotional Code Usage
Definitions:
‘Restricted code’ – Promotional codes which will cause the transaction to be declined if used.
‘Authorised-to-display code’ – Promotional codes which the publisher has been given permission to display to their users.
Terms:
i. You may not display any promotional codes for Wowcher.co.uk, LivingSocial.co.uk, LivingSocial.ie or SecretSales.com unless you have been given express permission to do so – either from an AWIN account manager, through an AWIN newsletter, or on a list of ‘authorised-to-display codes’ on our AWIN profile.
ii. All promotional codes are by default 'restricted codes' unless it has been explicitly agreed otherwise, in writing, by Wowcher, LivingSocial, or Secret Sales.
iii. All transactions in which a 'restricted code' has been used will be declined.
iv. You may not display any promotional codes which are broken, or are not real, or are outside their promotional period, unless express permission has been granted to do so. The promotional period of the code should be made clear to you when the permission to display said voucher is granted.
v. “Click to reveal” banners may not be used when there is no valid or current code present as this can cause confusion for the customer.
vi. The terms of any promotional codes displayed must be clearly shown.
vii. The Affiliate must negatively match against search terms for all Wowcher, LivingSocial, and SecretSales brand names, outlined in terms earlier, plus ‘voucher’, ‘code’, and ‘promotional code’.
viii. Some promotional codes may be neither 'restricted codes', nor 'authorised-to-display codes'. In this case, affiliates may not advertise these codes, but use of these codes won't automatically cause a transaction to be declined.
ix. If any of the above terms are breached, Wowcher, LivingSocial and SecretSales reserve the right to decline all transactions from the offending publisher, with repeat offenders facing suspension from our program.
Other Marketing Guidelines
You may not use any form of pop-ups, pop-unders or iframes to force the cookie onto users. You may not use any form of ad injection. We do not allow toolbar affiliates onto our programme.
Subject to these terms and conditions, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free licence for the duration of these terms and conditions to, for the sole purpose of referring users to the LivingSocial site(s), reproduce and display on your site the LivingSocial trade name, trade mark and logo (“LivingSocial Mark(s)”). Your use of the LivingSocial Marks will comply with any reasonable instructions from us or usage guidelines which are available.
Except for above licence to use the LivingSocial Marks, you may not directly or indirectly use, display or refer to any LivingSocial Mark, URL, trade name, trademark, logo, or branding of LivingSocial or any corporate affiliate of Wowher or any third party (including any misspelling or substantially/confusingly similar versions), in any manner whatsoever without the prior written approval of LivingSocial or the applicable third party.
Miscellaneous
TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED. IN PARTICULAR, WE DISCLAIM THE WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
You will comply with all laws, rules, regulations, licenses and codes of practice that are applicable to the LivingSocial Programme and your performance under these terms and conditions, including laws that govern marketing, advertising and privacy.
You shall indemnify and hold harmless us and our directors, officers, employees, agents, against any and all claims, liabilities, losses, damages, and expenses (including reasonable legal fees) that arise out of or are based on any claim related to your site, advertising or other content or breach of these terms and conditions. You shall not enter into any compromise or settlement that shall have the effect of creating any liability or obligation (whether legal or equitable) on the part of us without our prior written consent.
No termination of these terms and conditions will relieve either you or us for any liability for any breach of, or liability accruing prior to termination.
Each party undertakes that it will not at any time hereafter use, divulge or communicate to any person, except to its professional representatives or advisers or as may be required by law or any legal or regulatory authority, any confidential information concerning the business or affairs or plans of the other party which may have come to its knowledge and each of the parties shall use its reasonable endeavours to prevent the publication or disclosure of any confidential information concerning such matters.
The parties are independent contractors. A person who is not a party to these terms and conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms and conditions.
These terms and conditions constitutes the entire agreement between the parties and supersedes all previous agreements, promises, representations, warranty and understandings between them, whether written or oral. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance, understanding or warranty that is not set out in these terms and conditions. Nothing in this provisions shall limit or exclude any liability for fraud, fraudulent misrepresentation or fraudulent misstatement.
These terms and conditions shall be governed by and construed in all respects in accordance with the laws of England and Wales and subject to the jurisdiction of the English courts.
Any questions or concerns please contact us at affiliate.marketing@wowcher.co.uk
