These are the general terms for the Kaliese Ltd affiliate programme. Membership of our affiliate programme does not imply any joint venture, partnership, franchise, employment or agency relationship exists between us.
Please note - this programme operates with a 7 day closure notice period.
Law
The laws applicable to this agreement are the laws of England and Wales.
Severance
If any clause in these terms is found to be unenforceable for any reason, this will not affect the enforceability of the others clauses within these terms.
Affiliate Restrictions
- Affiliates may not create branding that resembles the Kaliese brand
- Affiliates may not use a domain name that is similar to Kaliese
Commission
Our default commission is 10% and is paid on all qualifying transactions.
All commission will be paid in pounds sterling.
You are responsible for payment of all taxes and fees payable by you as a result of receiving commission.
All amounts payable by us to you are subject to offset by us against any amounts owed by you to us.
Support
As a member of our affiliate programme, we may make available to you images, videos and other resources that you can use. Any material supplied is to be used solely for the purpose of promoting the Kaliese brand and attracting potential customers.
The sharing of material does not represent any sharing of copyright. We (or the original copyright owner where a third party owns the copyright) retain all rights of all shared resources. Materials we share with you are not to be edited or altered in any way or shared with any third party without our prior written permission.
You must not use any materials we make available to you:
- After you cease to be a member of our affiliate programme.
- In a misleading or disparaging way.
- In an obscene, indecent or unlawful way.
- In a way that suggests or implies we endorse, sponsor or approve of any products or services other than those supplied by Kaliese.
As a member of our affiliate programme we may from time to time make available to you discount codes for purchasing items from our store. Any additional terms of use over and above those described in this document and in our terms and conditions will be notified to you at the time. Unless otherwise stated, any discount codes supplied are for your sole use only and under no circumstances are to be shared with or used for the benefit of a third party.
Representations and Warranties
By joining the Kaliese Ltd affiliate programme you represent and warrant that:
- You have the full right, power and authority to be bound by these Terms and Conditions and to perform your obligations under this agreement.
- Your participation does not and will not conflict with any of your existing agreements or arrangements.
- You will remain compliant with the terms of any platform you use to promote our products.
- You will not use your affiliate link to purchase products for yourself. This does not affect the use of any discount codes we supply to you as described in the support section.
- You shall not engage in any deceptive, misleading, illegal or unethical marketing activities, or activities that may be detrimental to us, our customers or to the public.
- You will not infringe any copyright, trademark or any other intellectual property rights.
- You will not include any unlawful content on any media within your control.
Confidentiality
Within this section “confidential information” includes all information that is designated as confidential and disclosed by one party to the other irrespective of the method by which the information is communicated. In particular, the following is always considered confidential information unless expressly stated otherwise:
- The terms of your membership of our affiliate programme. For example, the commission rate is confidential information.
- Any private communications between Kaliese Ltd and yourself. For example, all email correspondence is confidential.
Confidential information does not include any information that is or becomes generally known to the public (unless such knowledge is itself a result of a breach of confidentiality) or information that was already known by either party before you joined our affiliate programme.
Any confidential information disclosed remains the sole property of the disclosing party.
Each party must protect the others confidential information to the same degree as they protect their own confidential information. As a minimum requirement, each party must take all measures required by all applicable data protection laws.
Any confidential information disclosed is not to be used for any purpose outside the scope of this agreement.
Confidential information is not to be disclosed to any third party unless required to do so by law.
Breach
If you are found to be in breach of any of the terms and conditions of this agreement then, depending upon the nature and severity of the breach, we will either ask you to rectify the breach or we will immediately remove you from the affiliate programme. The decision on whether to remove or to rectify is made at the absolute discretion of Kaliese Ltd and whilst we will normally supply reasons we are under no obligation to do so.
If you are asked to rectify a breach of any of these terms and conditions, we will notify you of the breach and specify an amount of time within which you must fully rectify the breach. The amount of time you will be given is at our sole discretion and will depend on the nature and severity of the breach. If, after the allotted time, the breach has not been fully rectified you will be removed from the affiliate programme.
Indemnification
You will indemnify, defend and hold harmless us, our directors, officers, employees, agents, shareholders, partners, members and other owners, at your expense, against any and all third-party claims, actions, proceedings, demands, liabilities, losses, damages, judgments, settlements, costs and expenses (including reasonable legal fees) that arise or are based on:
- your noncompliance with or breach of these terms and conditions,
- any representation or statement made by you that you knew (or a reasonable person would have known) was false or misleading.
- your site, including, without limitation, content therein not attributable to us.
