These Affiliate Programme Terms and Conditions ("Agreement") set forth the terms and conditions between Hedges Direct ("Advertiser") and the affiliate ("Affiliate") for participation in the Hedges Direct Affiliate Programme ("Programme").
By applying to or participating in the Programme, Affiliate agrees to the terms and conditions stated in this Agreement.
1. Programme Enrolment
1.1 Application Process: To become an Affiliate, you must submit an application through our affiliate platform. We reserve the right to accept or reject any application at our sole discretion.
1.2 Eligibility: Affiliates must be at least 18 years old. Applicants with websites, social media, or marketing materials that promote illegal or inappropriate content will not be eligible for the Programme.
2. Affiliate Obligations
2.1 Marketing: Affiliates are permitted to promote our products and services through approved channels, including websites, blogs, and social media, as long as they comply with this Agreement.
2.2 Prohibited Content: Affiliates may not promote our products using misleading, offensive, or defamatory content or on sites that feature illegal activities, sexually explicit material, or hate speech.
2.3 Use of Intellectual Property: Affiliates may use our logo, trademarks, and marketing materials only as provided and approved by us. Affiliates may not modify or alter any assets without prior written approval.
2.4 Compliance: Affiliates must comply with all applicable laws, regulations, and industry standards, including but not limited to the UK Advertising Standards Authority (ASA) and the Competition and Markets Authority (CMA) guidelines on advertising and marketing disclosures.
3. Commission and Payment
3.1 Commission Structure: The Affiliate will earn a commission based on a percentage of the net sales generated through their unique affiliate link, as outlined in the affiliate portal. The commission rate may vary depending on specific campaigns and may be adjusted by the Advertiser at any time with prior notice.
3.2 Payment Terms: Commissions will be paid every 30 or 60 days via agreed method on after the end of the billing period.
3.3 Chargebacks and Refunds: If a sale is reversed or refunded, any earned commission on that sale will be deducted from the Affiliate’s balance or future commissions.
4. Term and Termination
4.1 Term: This Agreement is effective upon acceptance into the Programme and will continue unless terminated by either party.
4.2 Termination by Affiliate: Affiliates may terminate their participation at any time by providing written notice to Advertiser. They may forfeit their commission if agreed activity has not been completed.
4.3 Termination by Advertiser: Advertiser reserves the right to suspend or terminate an Affiliate's participation at any time, for any reason, including but not limited to a breach of this Agreement, without prior notice.
4.4 Effect of Termination: Upon termination, the Affiliate must immediately remove all references to Advertiser and its products from their promotional materials and cease all marketing activities related to the Programme.
5. Confidentiality
Affiliates may receive confidential information about the Advertiser’s business, products, customers, and pricing. Affiliates agree to keep such information strictly confidential and not disclose it to any third party.
6. Indemnity
Affiliate agrees to indemnify, defend, and hold harmless Advertiser, its affiliates, directors, employees, and agents from and against all claims, damages, liabilities, losses, and expenses, including legal fees, arising out of or related to Affiliate’s breach of this Agreement.
7. Limitation of Liability
In no event shall Advertiser be liable for any indirect, incidental, special, or consequential damages, loss of profit, or any other loss or damages related to this Agreement or the Programme.
8. Relationship of Parties
Nothing in this Agreement shall create any partnership, joint venture, agency, franchise, or employment relationship between the Affiliate and Advertiser.
9. Amendments
Advertiser reserves the right to modify these Terms and Conditions at any time. Affiliates will be notified of any changes via email or through the affiliate portal. Continued participation in the Programme following such changes constitutes acceptance of the revised Terms.
10. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising from this Agreement shall be resolved exclusively in the courts of England and Wales.
11. Entire Agreement
This Agreement constitutes the entire agreement between the Affiliate and Advertiser concerning the Programme and supersedes all prior agreements, representations, and understandings.
By applying to or participating in the Programme, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.