Awin | Ewbank Affiliate Programme

Ewbank Affiliate Programme Terms and Conditions

These terms and conditions explain how our affiliate programme works and the rules that apply. If you have any questions about anything in these terms, then please do not hesitate to get in touch with us.

In these Terms, the following words shall have the meaning:

“Affiliate”; means you, as a Ewbank affiliate.

“Affiliate Account” means the account you set up when you register as an Affiliate with AWIN.

“Affiliate Programme” means our programme for promotion of the brand “Ewbank” by individuals who register with us as Affiliates.

“Bluestem Group Limited", means Bluestem group with registered office at 38 Bluestem Road, Ipswich, IP3 9RR. In these terms the words “we” “us” and “our” may also be used and refer to us, Bluestem Group.

“Confidential Information” means all documents, information and materials and any other proprietary information which we provide to you, and which ought reasonably to be considered as confidential information.

“Ewbank" means the trade name/mark “Ewbank” which is controlled by Bluestem Group

“Intellectual Property Rights” means all intellectual property rights (including without limitation, trademarks, trade names, domain names, right in designs and copyrights) whether or not registered or registrable and also includes applications for registration of any of these rights, and all rights and forms of protection of a similar nature or having equivalent or similar effect anywhere in the world.

“Terms” means these Affiliate Terms and Conditions.

“Website” means our website ewbank.co.uk.

How to set up an affiliate account

We operate our Affiliate Programme via AWIN. To set up an Affiliate Account please fill click here to the Ewbank Affiliate programme on the AWIN website and follow the instructions. Once you have applied to join the Ewbank Affiliate Programme, we will manually review your application and if successful, will approve your application.

AWIN will provide you with a unique link to post on your website and social media platforms and to pass on to others. Commissions are only payable where the AWIN tracking is shown as a result of the AWIN cookie being dropped. The Ewbank Affiliate Programme operates on a 30-day cookie window. Providing a click from another marketing channel does not supersede the Affiliate’s click in the 30-day window, then the affiliate will receive commission for any transactions which took place up to 30 days after a click on their link took place. Each ‘click’ on this link will be registered on your AWIN Affiliate Account using a cookie which is set on the user’s computer, and for each sale made through that link you will earn commission at the agreed rate. We pay commission on the sale price of our products after any discounts have been applied. No commission will be paid on any delivery charges or sales taxes paid by the customer.

Commercial terms

All affiliates are to be manually approved by Bluestem Group
Affiliates may only promote voucher codes which have been issued to them. Affiliates are not permitted to promote voucher codes not issued to them. Note that commission will not be paid on orders where exclusive discount codes are used that were not issued to that affiliate. Any affiliate found using non-authorised voucher codes will risk suspension from the program with all commissions reversed for the period the code was live.
Commission shall be discussed with affiliates on an individual basis. Please contact affiliates@bluestemgroup.co.uk
We pay our Affiliates through AWIN. Please see the AWIN terms and conditions for more information about payments
Commission payable on the ex-vat basket value (excl p&p/shipping) after any discounts have been applied
Commission is paid only once an order has been despatched;
1. If an order is accepted and stock is not available and is refunded, then the commission will not be paid
2. If an order is part shipped, then the commission will not be paid until the full order has been shipped
3. If an order is cancelled by either the customer or us, then commission will not be paid
4. Commissions are only payable where the AWIN tracking is shown as a result of the AWIN cookie being dropped. Commission will not be paid on any other sales
5. It is the affiliate’s responsibility to ensure that the correct tracking code is in place prior to publishing the link.
6. Bluestem Group will not consider any applications for compensation if the affiliate tracking has not been set up correctly or does not track correctly.
7. All commissions to be manually approved to allow for the 30-day returns window
8. If an order is returned within the 30-day returns period by the customer, then either commission will not be paid or will be retracted if the commission payment had previously been agreed. A customer must contact Bluestem Group to arrange the return of a product within 30-days of purchase, failure to do this will result in the return not being accepted

Obligations of a Ewbank affiliate

As a Ewbank affiliate you agree that you will;

Always promote Ewbank and our products in the best way possible and as we would do so ourselves, and not make or publish any statement which is disparaging or negative
Familiarise yourself with the functionality, performance, features and benefits of the Ewbank products
Bear all costs and expenses incurred in connection with your activities as a Ewbank Affiliate
Maintain up to date pricing of Ewbank products as featured on www.ewbank.co.uk in any feature of Ewbank products
Notify us of all enquiries about Ewbank or Ewbank products promptly
use the Registered Trade Mark Symbol so that it is written: Ewbank® at least once in each separate written or broadcast communication;
1. where possible write Ewbank in bold to distinguish it from surrounding text

You also agree that you will not;

Promote your Affiliate link using SPAM/unsolicited emails
Promote your Affiliate link in a way that may cause offence to others, including competitors
Change or alter Ewbank creative assets. If alternative assets are required, please contact affiliates@bluestemgroup.co.uk and these will be considered. Please allow 7 days’ notice.
Use Ewbank.co.uk in html title tags.
Create or maintain, or direct or permit anyone else to create or maintain, any website or social media account or page using ‘Ewbank’
Register any domain name, email address or company name that is identical or similar to ‘Ewbank’
Advertise Ewbank products on Google Shopping.
Brand bid on the Ewbank name on any advertising channels, online or offline.
Use Ewbank branded banners as pop ups or pop unders on their sites.
You agree that you have no authority to enter into any contract on behalf of Ewbank or to bind Ewbank in any way, and you will not make any representation or indication that you are acting on behalf of, or are in any way capable of binding, Ewbank.
Make statements about Ewbank products or us, or Ewbank Ltd that are not true. Up-to-date information about our products can be found at ewbank.co.uk, or by emailing us at affiliates@bluestemgroup.co.uk
Register any domain name, email address or company name that is identical or like the registered trademarks ‘Ewbank’ or a translation of these trademarks into any other language

Bluestem Group reserves the right to immediately remove any affiliates if we consider that they are not following the terms and conditions of the Ewbank Affiliate Program.

Relationship Between Affiliates and Ewbank

Neither you nor we are the agent or partner of the other. You agree that you will not at any time promote yourself as an agent or employee of Ewbank.

Termination

You can choose to end your membership of our Affiliate programme at any time by contacting AWIN.

We can terminate your membership of our Affiliate programme at any time, for any reason, by giving you thirty (30) days’ written notice. At the end of this thirty (30) day period any clicks using your unique link will no longer be registered to your account. Any commission which has not already been paid to you at the date that your account is closed, and which will be due to you will be paid through to you on our next payment date.

Confidentiality

You agree not to disclose any Confidential Information, directly or indirectly, to any third party without our written consent to do so, and you will exercise a reasonable level of care in protecting our Confidential Information from unauthorised use and disclosure. You agree that you will keep your AWIN account login details confidential and will not share them with any other person. You will also keep all marketing and other materials in relation to Ewbank and Ewbank products confidential and will not use them for any purpose other than in connection with promotion of Ewbank.

These confidentiality provisions do not apply to information that is (a) publicly available, (b) obtained by you from third parties without restrictions on how you use that information, (c) independently developed by you without using our Confidential Information, or (d) required to be disclosed by order of a court or other governmental or regulatory body.

Disclosure of our Confidential Information has the potential to cause damage to our business beyond what is capable of being valued by money damages. You therefore agree that we will be entitled to injunctive relief and any other remedies available to us in order to enforce these confidentiality provisions.

Intellectual Property Rights

All Intellectual Property Rights and other rights, in and to Ewbank, the products sold on our Website, the content in our Website and all other information and materials which relate to Ewbank the Ewbank products are owned by Ewbank.

As an Affiliate, we grant you a non-exclusive, non-transferable, non-assignable, worldwide licence for the duration of your membership of our Affiliate Programme, to use our Intellectual Property Rights for the purposes of promoting the Ewbank products in accordance with these Terms. However, your participation in our Affiliate Programme does not transfer to you any rights in respect of our brand, our trade names or trademarks or of the goodwill associated with them.

You agree that you will not use any trademarks or trade names which resemble the Ewbank marks or any other of our own marks or names (or both) and which would cause or be likely to cause any confusion or deception to third parties. You also agree that you will not do anything or authorise anyone else to do anything which would or might invalidate, or be inconsistent with, our Intellectual Property Rights.

If any infringement of any of our Intellectual Property Rights comes to your attention, whether actual or threatened, you agree that you will let us know promptly and as soon as is reasonably possible. You also agree to notify us of any claim by anyone that the Ewbank products infringe the rights of any other person, and you will, at our request and expense, do anything which may be reasonably required to assist us in relation to any such claim or generally to assist us in maintaining the validity and enforceability of our Intellectual Property Rights.

Indemnification

You shall indemnify, defend and hold harmless Bluestem Group, Ewbank Product Ltd and its directors, officers, employees, distributors and agents from and against any and all claims, expenses, wages, lawsuits or other liabilities (including without limitation, reasonable legal fees and court costs) for injury to any person, or for loss or damage to personal property or such other losses, including economic losses, which arises out of any breach of these Terms or any misrepresentation by you regarding Bluestem Group, Ewbank Products Ltd or the Ewbank, or any other of your activities as a Ewbank Affiliate.

General

These Terms constitute the entire agreement between you and us with respect to the Ewbank Affiliate Programme and supersede all other communications between us in relation to the Ewbank Affiliate Programme.

Neither you or we will incur any liability to the other for any loss or damage resulting from a delay or failure to perform any of these Terms (or any part of them) if the delay or failure is caused (whether in whole or in part) by events beyond the reasonable control of that party, including without limitation acts of God, strikes, lockouts, riots, acts of war, earthquakes, fire and explosions.

These Terms are personal to you as our Affiliate, and you may not assign or otherwise transfer any of your rights or obligations to anyone else. These Terms do not create, and shall not be construed as creating, any rights under the Contracts (Rights of Third Parties) Act 1999 enforceable by any third party.

If we agree to waive any of, or any part of, these Terms then that waiver must be in writing to be effective.

These Terms are governed by, and shall be construed in accordance with, the laws of England and Wales, whose courts shall have exclusive jurisdiction.