This partner Agreement ("Agreement") is made between You, the partner ("You") and Astor Chocolate Corp. ("We", “Our” or "Us"). This is the agreement that will govern Your participation in an affiliate program (“Campaign”) through Awin with Astor Chocolate Corp. Any partner that breaches any of the terms of this agreement will face the following penalties imposed by Astor Chocolate Corp. in its sole discretion and depending on the severity and damage caused to the Astor Chocolate brand:
•Immediate removal from the campaign, and potentially other campaigns within our Awin network
•Rejection of commissions generated within Awin
•Freezing of all outstanding commission payments within Awin
By accepting the terms and conditions of this Campaign in Awin, You agree that You have read and understood the Agreement, and therefore will be liable in the event of a breach of any of the Agreement. In consideration of the promises set forth below, each party agrees as follows:
1. Partner Participation and Promotional Methods
1.1 Even if You are accepted to the campaign, We reserve the right to re-evaluate Your participation at any time. We may reject Your request or remove Your participation at any time without notification if We determine that Your site is not suitable for our campaign and brand, including if:
•Your website contains content, which is unlawful or promotes illegal activities, including infringes of copyright or attempts to help others infringe copyright/intellectual property.
•Your website contains content which promotes discrimination, harassment, violence or any other behaviors which are unacceptable to Us in our sole discretion.
•Your website content includes misleading or false information regarding our brand and products/services offered.
This includes promoting false or invalid voucher/coupon codes on Your site. Only voucher codes found in the Awin platform or provided directly to You by Us are applicable to listed on your site and to be awarded commission.
•Your website impersonates our brand, either directly or via misspellings or variations of our brand name
•You are found to be generating Awin tracked events (“Conversions”) with false information or sales. This may also include incentivizing Your audience to complete actions on our website in a way that has not been approved before by Us
•You are found to be actioning paid search, pay-per-click (PPC), search engine marketing (SEM), TM+ or email marketing activity related to Our brand, without prior written consent. Including, but not limited, to the follow terms: Astor, Astor Chocolate, Astor Direct, Le Belge, Le Belge Chocolatier. If permission is required, a proposal should be sent by You directly to the Brand Contact Email listed in Awin to request written approval from Us.
2.Commission, Linking and Creative Content
2.1. From time to time, We will arrange on the Awin platform to pay participating partners a specified monetary amount (“Commission”) in return for certain advertising services leading to a unique link (“Tracking Link”) that tracks the activity of partners and their users for Brands. Commission will be awarded to the last participant in the user journey (“Last Click”), and within the window listed in Awin (“Cookie Period”) unless agreed otherwise with Us.
2.2. From time to time, We will arrange on the Awin platform creative materials to promote Our brand (“Content”) to display on Your website. These are provided in the form of image, HTML, text and/or product feeds, which will include a Tracking Link. You should not use any Content on Your site which is not available within Awin or provided by Us directly.
2.3. At any time We may, with or without notice (a) change, suspend or discontinue any aspect of a Tracking Link or a Commission or (b) remove, alter, or modify any Content. You agree to promptly implement any request from Us to remove, alter or modify any such Content.
2.4. Subnetwork partners or partners referring traffic agree to share details of who is promoting Our brand and campaign via Your platform. Partners who do not agree may be removed from the campaign and have any earned Commissions canceled.
2.5. The final determination of whether a commission is payable will be made by Us. For the avoidance of doubt, if the product or service is returned in part or in full, the Commission shall be amended or canceled by Us to reflect this full or part return.
2.6. We reserve the right to change or reject any aspect of a conversion or commission.
2.7. We agree to review disputed sales (“Transaction Queries”), submitted through the Awin platform. If there is not enough supporting information provided by the partner, We reserve the right to change or reject these queries. By accepting this agreement, You hereby agree to submit any Transaction Queries in a timely manner, and no later than 30 days from the transaction date. Any transactions submitted after this 30-day period are at Our discretion to review.
3. Your Additional Responsibilities
3.1 You hereby agree to comply with all applicable laws.
3.2 You hereby agree that the links on your site comply with the requirements specified inthis Agreement.
3.3. You agree not to make any representations, warranties or other statements concerning Us, Our site, any of Our products or services, or Our site policies, except as expressly authorized by Us.
3.4. You are responsible for notifying Us and Awin of any malfunctioning of the Tracking Links or Content, or other problems with Your participation in the Campaign. We will respond promptly to all concerns upon receipt of Your notification. If there are changes to the Agreement, We will contact approved partners on the campaign via the partner contact email address listed in Awin. It is Your responsibility to keep your partner/company email address updated in Awin.
