(a) the customer must not be an existing Hyperoptic customer or someone who has previously had a customer account with Hyperoptic
(b) the customer’s order must be fully completed online and no part of their order process can have taken place by telephone (unless Hyperoptic agrees otherwise with you in writing); and
(c) your full compliance with our Terms.
2. Your website must not (i) contain or make reference to: offensive, violent, pornographic, racist, libellous, derogatory or terrorist content or (ii) promote alcohol, drugs or firearms.
3. PPC Policy - No commission will be payable to you, the publisher, where a customer has used a broad match modifier (or other variation) of Hyperoptic brand names in a web search to arrive at your website, unless Hyperoptic has agreed your use of such brand name modifier or variation with you in writing in advance. You may not promote Hyperoptic or Hyperoptic’s services using pay-per-click (“PPC”) marketing unless (and only to the extent that) you have received our prior written consent to do so.
4.1 You may only use material related to Hyperoptic on your website that either Hyperoptic has provided to you specifically to use on your website in connection with the Hyperoptic B2C Affiliate Programme.
4.2 Where Hyperoptic provides you, the publisher, with amended versions of any Hyperoptic branding or marketing material previously provided to you by your Account Manager, you must only use the amended version of such material from that time onwards.
4.3 Hyperoptic may at any time ask you to remove or take down from your website (and cease to use) any material relating to Hyperoptic, its products or services, whether or not such material was previously provided to you by Hyperoptic, and you must use your best efforts to comply with such request as soon as practicable (and in any event within 7 days of the request being made). If you fail to comply, Hyperoptic can remove you from the Hyperoptic B2C Affiliate Programme (immediately on written notice) and you will not be entitled to receive any commission under the Hyperoptic B2C Affiliate Programme in relation to any orders which a Hyperoptic customer places after the date of such removal.
5.1 You may not, while you remain a publisher in the Hyperoptic B2C Affiliate Programme, and for a period 5 years following your ceasing to be such a publisher, disclose to any person any confidential information concerning Hyperoptic’s business, affairs, plans, promotions, customers, clients or suppliers (or those of any member of a group of companies to which Hyperoptic belongs), except as permitted in paragraph 5.2 below.
5.2 You may disclose Hyperoptic’s confidential information:
(a) to your employees, officers, representatives or advisers who need to know such information in order to exercise your rights or carry out your obligations in compliance with the terms of the Hyperoptic B2C Affiliate Programme but only if you ensure that such persons comply paragraphs 5.1 to 5.4 inclusive; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
5.3 You may not use any Hyperoptic confidential information for any purpose other than to exercise your rights and perform your obligations in compliance with the terms of the Hyperoptic B2C Affiliate Programme.
5.4 Your agreement to paragraphs 5.1 to 5.4 inclusive will continue even after you are no longer a publisher under the Hyperoptic B2C Affiliate Programme.
6. By making a request to join the Hyperoptic B2C Affiliate Programme, you are agreeing to the terms of the Hyperoptic B2C Affiliate Programme, as set out on the “Overview” and “Terms” pages and will be legally bound by them.
7. You will indemnify Hyperoptic against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by Hyperoptic arising out of or in connection with your website or the marketing or sale of Hyperoptic products or services on your website or the breach of any of paragraphs 5.1 to 5.4 inclusive, above.