Awin | Josh Wood Colour Affiliate Programme

IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE PARTICIPATING IN THE AFFILIATE PROGRAMME.

Terms and conditions of use:
These Terms and Conditions govern your promotion and marketing of the Josh Wood Colour Brands and Josh Wood Colour Products during your participation in the Affiliate Programme;

By participating in the Affiliate Programme you are confirming that you accept these terms and that you agree to comply with them. If you do not agree to these terms and conditions, you must not participate in the Affiliate Programme.

Use of, participation in and access to the Affiliate Programme does not of itself create a relationship between you and JW Digital Colour Ltd or any of its Group Companies. If you require advice on a specific problem please contact tim@joshwoodcolour.co.uk.

1. General
- 1.1 The Affiliate Programme and the Josh Wood Colour URLs are provided by JW Digital Colour Ltd, a company incorporated in England and Wales (company number 928555), whose registered office is at 6 Lansdowne Mews, London W11 3AN (“Josh Wood Colour”).
- 1.2 References in these terms and conditions to:
  - "Affiliate”, or "you" or "your" means the participants in the Affiliate Programme, who have been approved by Josh Wood Colour to put in place an Affiliate Link to facilitate the generation of leads and transactions for Josh Wood Colour.
  - “Affiliate Programme” means the programme and network through which Affiliates will market Josh Wood Colour or its products;
  - “Affiliate Link” means a hyperlink from an Affiliate Website to a Josh Wood Colour URL;
  - “Josh Wood Colour Brands” means “Josh Wood Colour” and any Josh Wood Colour brand of which Josh Wood Colour may notify Affiliates from time to time;
  - “Josh Wood Colour Companies”, each a “Josh Wood Colour Company”, shall mean Josh Wood Colour and its Group Companies;
  - “Josh Wood Colour Products” means a product, service or equivalent offered for sale by Josh Wood Colour on any Josh Wood Colour URL;
  - “Josh Wood Colour Trademarks” means all trade marks belonging to Josh Wood Holdings Limited, JW Digital Colour Ltd or JW Coloursystem Ltd including, without limitation, the trade marks “Josh Wood Colour”, “Shade Shot”, “Glaze”, “Miracle Mask”, and “Colour Shine Complex”.
  - “Josh Wood Colour URLs” means the websites owned by The Josh Wood Colour Company PLC and accessible at joshwoodcolour.com;
  - “Group Company” means any holding company or subsidiary of Josh Wood Colour or any of their holding companies. A company is a "subsidiary" of another company, its "holding company", if that other company (i) holds a majority of the voting rights in it, or (ii) is a member of it and has the right to appoint or remove a majority of its board of directors, (iii) or is a member of it and controls alone, pursuant to an agreement with other members, a majority of the voting rights in it;
- 1.3 The Josh Wood Colour Companies are owners or licensees of all intellectual property rights in the Josh Wood Colour URLs and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- 1.4 The trade marks, logos and trade names displayed on the Josh Wood Colour URLs ("Marks") are the property of the Josh Wood Colour Companies, or other third parties. You are not permitted to download, copy, modify or use the Marks without the prior written consent of Josh Wood Colour or the consent of such third party who may own the Marks. (See also the section below on Trade Marks.)
- 1.5 The Josh Wood Colour Companies and their suppliers own the intellectual property rights in the software that runs the Josh Wood Colour URLs. Save to the extent expressly permitted by applicable laws, you must not copy, modify, download, distribute, decipher, de-compile, interfere with or attempt to interfere with that software without our prior written consent.
- 1.6 You must not post or provide to Josh Wood Colour via this Affiliate Programme, any document or file which you believe may contain a virus. You must virus check any document or file which you intend to post or provide to Josh Wood Colour, or link to a Josh Wood Colour URL, via the Affiliate Programme or an Affiliate Link. You must not misuse the Josh Wood Colour URLs by knowingly introducing computer viruses, other malicious code or harmful components. You must not attempt to gain unauthorized access to the Josh Wood Colour URLs. In the event of a breach by you of this clause 1.6, your right to participate in the Affiliate Programme will cease immediately and you will indemnify the Josh Wood Colour Companies for any loss or damage the Josh Wood Colour Companies suffer as a result of your breach
- 1.7 You may only set up an Affiliate Link with the prior written consent of Josh Wood Colour, which may be requested by email to tim@joshwoodcolour.co.uk and is subject to the following terms and conditions:
  - 1.7.1 you must not

replicate the Josh Wood Colour URLs;
create a frame or any other browser or border environment around the Josh Wood Colour URLs;
use, set up, establish or bid for any domain name that includes reference to a Josh Wood Colour Brand or includes a Josh Wood Colour Trademark or anything similar to a Josh Wood Colour Trademark or Josh Wood Colour Brand (including misspellings).
in any way imply that Josh Wood Colour is endorsing any products or services other than its own;
use, set up, establish any domain name that would mislead the consumer to believe that the website is associated with Josh Wood Colour, for example, [joshwoodcolourdomain].com. For the avoidance of doubt, you are permitted to use www.[domain].com/JoshWoodColour; however, this must not be used as a display URL within listings on paid-for-performance search engines (for example, Google.com), or in an e-mail address.
use joshwoodcolour.com as the display URL in Google, or any other paid performance website or generally mislead the consumer into believing any advertisement is from the official www.joshwoodcolour.com web site. For the avoidance of doubt, this applies to and includes all paid performance keywords.
remove, distort or otherwise alter the size or appearance of the logo of a Josh Wood Colour Brand or any other Josh Wood Colour Trademarks;
misrepresent your relationship with Josh Wood Colour nor present any other false information about Josh Wood Colour;
use or display on your website any trade marks or logos or any trading name of Josh Wood Colour without express prior written permission from Josh Wood Colour;
link (including via Affiliate Link) from a website that is not owned by you;
send any unsolicited email under this Affiliate Programme. Should you wish to send out a “solus” Josh Wood Colour.com email please contact your Josh Wood Colour representative at tim@joshwoodcolour.co.uk for approval.
contravenes any applicable laws or contravene any person's legal rights or promotes, advocates or assists any illegal activity;
is indecent or obscene, contains any sexually explicit material or promotes or refers to sexual activity;
is abusive, offensive, hateful, threatening or inflammatory, is disrespectful of other people’s privacy and is likely to harass, upset, embarrass, alarm, deceive, inconvenience or annoy anyone;
promotes violence;
is used to impersonate anyone or to misrepresent identity or affiliation with any person or organisation;
is libellous or defamatory;
promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; or
infringes any copyright, database right or trade mark of any person;
1. diverting customers to websites not owned by JW Digital Colour Ltd or JW Coloursystem Ltd or to give priority to websites not owned by Josh Wood Colour over the web site joshwoodcolour.com;
2. registering any URLs that include any of the Josh Wood Colour Trademarks, or any version that could be mistaken for an official web site of Josh Wood Colour;
3. using "add to favourite" campaigns that would mislead consumers to think that they are bookmarking a web site of Josh Wood Colour Colour when in fact they are bookmarking a web site of an Affiliate or other third party;
4. using creatives of Josh Wood Colour in pop-up or pop-under windows, or to link to any web site of Josh Wood Colour by embedding them in a frame from the Affiliate’s web site. It should also be clear to consumers that by clicking on the Affiliate Link to a Josh Wood Colour URL they have left the web site

1.7.2 you may only link to the Josh Wood Colour URLs in a way that is fair and does not damage Josh Wood Colour’ reputation or take advantage of it;
1.7.3 you must seek written approval from Josh Wood Colour before taking/scrapping any content from the Josh Wood Colour URLs.
1.7.4 any website of yours that contains a link to Josh Wood Colour URLs must not contain any content that:

and must not in any other way be indecent or inappropriate or incompatible with Josh Wood Colour’ reputation; and

you will comply with any direction that we may give in relation to the link to the Josh Wood Colour URLs and/or to the use or display of the Josh Wood Colour Trademarks, trading names, and logos.
1.8 Josh Wood Colour expressly reserves the right to revoke consent and/or the rights granted in clause 1.7 for you to link to the Josh Wood Colour URLs websites at any time at Josh Wood Colour’ discretion and without notice and to direct you to remove from your website any links to the Josh Wood Colour URLs (including Affiliate Links), Josh Wood Colour trading names, Josh Wood Colour Trademarks and Josh Wood Colour logos and, if any provisions of clause 1.7 have been breached, to take any action Josh Wood Colour deems appropriate against you.
1.9 You shall fully indemnify the Josh Wood Colour Companies for any breach by you of clause 1.7.
1.10 Except to the extent required in order to use the Josh Wood Colour URLs in accordance with these terms and conditions, you may not copy, store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, delete or show in public any part of the Josh Wood Colour URLs or systematically extract material from the Josh Wood Colour URLs or any document available through them, create any derivative works from them or in any other way exploit commercially all or any part of the Josh Wood Colour URLs or any document available through them without Josh Wood Colour’ prior written consent.
1.11 Josh Wood Colour reserves the right to vary or amend these terms and conditions from time to time. Any changes shall take effect upon reasonable notice to you.
1.12 Any dispute arising between you and a Josh Wood Colour Company in relation to these Terms and Conditions shall be governed by English law, and the courts of England and Wales will have exclusive jurisdiction for the purposes of any such dispute.
1.13 If any of these Terms and Conditions is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:
- the legality, validity or enforceability in that jurisdiction of any other term or condition, which shall continue to have full force and effect; or
- the legality, validity or enforceability in other jurisdictions of that or any other term or condition, which shall continue to have full force and effect.
1.14 A person who is not a party to these Terms and Conditions may not enforce any of them under the Contracts (Rights of Third Parties) Act 1999.
1.15 No waiver of any of these Terms and Conditions shall be valid unless provided in writing by us.
1.16 The express provisions of these Terms and Conditions are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
2. Purchase of Goods
- 2.1 Where Products or other goods are purchased from a Josh Wood Colour URL the Josh Wood Colour.com Terms and Conditions available at https://joshwoodcolour.com/pages/terms-and-conditions will apply to those purchases.
- 2.2 Discount/Voucher Codes
  - Only discount and/or voucher codes (“Codes”) that are supplied to Affiliates by Josh Wood Colour are valid for use by Affiliates. Any Codes that have not been approved by Josh Wood Colour or are found to be displayed on websites that have not been approved by Josh Wood Colour will result in commissions for such Codes being declined.
  - Josh Wood Colour will decline commission on sales which contain an unauthorised Code, or relate to an exclusive Code that has tracked through a different publisher from the Affiliate to whom the exclusive Code was assigned.
  - For the avoidance of doubt, any vouchers which have been added to the ‘My Offers’ section of the Awin website, communicated through Awin newsletters or by a member of the Awin affiliate team for Josh Wood Colour.com (tim@joshwoodcolour.co.uk) are eligible for commission.
  - Customers must be logged in to the Josh Wood Colour URLs to redeem Codes.
  - Codes may not apply to certain products, which may change from time to time at the discretion of the Josh Wood Colour Companies. For example, Codes have previously not applied to products not sold as Josh Wood Colour products. A full list of currently excluded products can be requested via email to tim@joshwoodcolour.co.uk
  - Affiliates should ensure that customers are aware that certain products may not be purchased with Code discounts.
- 2.3 Omnichannel offers
  - Existing retail customers using the Josh Wood Colour URLS who receive personalised offers can now redeem these offers online and in-store at Josh Wood Colour retail stores. These offers that a retail customer receives cannot be used in conjunction with a media code.
  - If a retail customer has a personalised offer active on their Josh Wood Colour loyalty card, when a media code is entered an error message will be displayed. Should a user wish to use the media code instead of the personalised offer, they can do so by deselecting their personalised offer and entering the media code instead.
- 2.4 Commission
  - Josh Wood Colour reserves the right to reasonably decline any commission (or “Affiliate Fees”) payable on any transaction pursuant to the Affiliate Programme. Reasons for declined commissions or Affiliate Fees will be provided by a Josh Wood Colour representative to you in writing; however, you understand and agree that Josh Wood Colour retains sole discretion to decline commission or Affiliate Fees and is not obligated to enter into any correspondence beyond provision of its initial reasons for declining such commission or Affiliate Fees.
- 2.5 Online returns policy
  - You may return any unwanted items to Josh Wood Colour within 30 days of receiving your order for a refund or replacement.
  - Any items that are unused and in their original packaging can be returned under Josh Wood Colour’s 30 day Money back Guarantee returns policy.
  - Josh Wood Colour reserves the right to refuse an exchange or refund if goods are not returned in a saleable condition or are damaged.
  - All returns are evaluated before being processed.
  - This section 2.5 does not affect your statutory rights
- 3 Privacy Policy
  - 3.1 Josh Wood Colour’ Privacy Policy https://joshwoodcolour.com/pages/privacy-policy sets out the terms on which we process and use any personal data we collect from you or that you provide to us. By using the Josh Wood Colour URLs you consent to such processing and terms and you warrant that all data provided by you is accurate. Our privacy policy also contains information on our use of cookies.
- 4 Marketing
  - 4.1 From time to time we may use any of the information you submit to us, including personal data, to provide you with marketing information about us. This is also explained in our Privacy Policy https://joshwoodcolour.com/pages/privacy-policy
- 5 TRADE MARKS
  - 5.1 In these Terms and Conditions no licence has been granted to use any Josh Wood Colour Trademarks.
  - 5.2 You must not:
    - bid directly or indirectly on any search engine for any brand name or term that features a Josh Wood Colour Brand or a Josh Wood Colour Trademark or any confusingly similar trade marks to, or misspellings or derivatives of the Josh Wood Colour Trademarks. We would strongly recommend you set the Josh Wood Colour Brands terms as a “negative match” in your search campaigns.
    - Use the Josh Wood Colour Trademarks, or misspellings or confusingly similar variations of the Josh Wood Colour Trademarks, in written copy of any adverts on pay-per-click search engines;
    - Pass yourself off as owning any of the Josh Wood Colour Trademarks;
    - Take any action which is likely to confuse or mislead third parties into believing that you own the Josh Wood Colour Trademarks;
    - Use the Josh Wood Colour Trademarks for the purpose of:
      diverting customers to websites not owned by JW Digital Colour Ltd or JW Coloursystem Ltd or to give priority to websites not owned by Josh Wood Colour over the web site joshwoodcolour.com;
    - registering any URLs that include any of the Josh Wood Colour Trademarks, or any version that could be mistaken for an official web site of Josh Wood Colour;
    - using "add to favourite" campaigns that would mislead consumers to think that they are bookmarking a web site of Josh Wood Colour Colour when in fact they are bookmarking a web site of an Affiliate or other third party;
    - using creatives of Josh Wood Colour in pop-up or pop-under windows, or to link to any web site of Josh Wood Colour by embedding them in a frame from the Affiliate’s web site. It should also be clear to consumers that by clicking on the Affiliate Link to a Josh Wood Colour URL they have left the web site