Referral Partnership Terms and Conditions

Contents

• Definitions and interpretation
  • In these Conditions the following definitions apply:

 

1. These Terms

• As an Authorised Affiliate or Referral of Us, You agree to abide by the Conditions contained in this Agreement. Please read the entire Agreement carefully before registering and promoting as an Authorised Affiliate.

• Your participation in the Program is solely to legally advertise our website and promote the Affiliate Relationship on a non-exclusive basis, to receive a Commission on membership and products purchased by individuals referred to Us by your own website or personal referrals.

• By signing up for the Program, you indicate your acceptance of this Agreement and the

2. Approval or Rejection of the Application

• We reserve the right to approve or reject Your Authorised Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of Your Authorised Affiliate Program Application.

3. Commissions

• Commissions will be paid once a month with set commission rate decided prior to launch. Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks, fraud or refunds will not be paid out.

• Sales tax and shipping fees are non-commissionable.

4. Termination

• Your Authorised Affiliate Application and status in the Program may be suspended or terminated at any time.

• We reserve the right to reject any Website or Authorised Affiliate if we determine, at our sole discretion and following our review of Your Website or marketing efforts, that Your Website or marketing efforts are unsuitable for any reason. This may include but are not limited to: 

• Inappropriate advertisements (false claims, misleading hyperlinks, etc.).

• Spamming (mass email, mass newsgroup posting, etc.).

• Advertising on sites containing or promoting illegal activities.

• Failure to disclose the Affiliate Relationship for any promotion that qualifies as an endorsement under existing applicable laws.

• Self-referrals, fraudulent transactions.

• Operating or utilising a Website with prohibited website content, including but not limited to inclusion of content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable, or that includes or promotes sexually explicit materials, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

• The use of spyware, adware, malware, toolbars or any other form of parasitic or stealth software.  

• Engaging in cybersquatting or typo squatting.

• Engaging in any fraudulent activity.

• Authorised Affiliates are not to use toolbars or any other browser plug-ins for the purpose of applying a cookie or redirecting traffic away from Us. Any Authorised Affiliate found to be using said functionalities and marketing tools will be removed from the Program with accrued Commissions reversed.

5. Coupons and Promotional Codes

• Authorised Affiliate may only use coupons and promotional codes that are provided exclusively through the Program.

6. Notice to Change of Terms

• We withhold the right to suspend the Authorised Affiliate immediately and cancel Commissions if the Authorised Affiliate is in breach of any Conditions.

• At Our discretion and without notice, we may contact the Authorised Affiliate to ask how they are promoting the Program. We require accurate feedback within 48 hours otherwise we may suspend the Authorised Affiliate from the Program and pause Commissions until We understand how the Authorised Affiliate promoted the Program. 

• For any non-fraudulent activity, We will provide 7-days’ notice before adjusting Commissions on the Program. 

7. Advertising

• Unless otherwise approved in writing by us, the Authorised Affiliate shall not use, cloak or mask the following URL listings in paid search placements:

• Emmy London or any subdomain of Emmy London.

• Unless otherwise approved in writing by us, Authorised Affiliate may not direct traffic or enable any third party to direct traffic to any website that incorporates Emmy London or any Subdomain of Emmy London in any display URL listing.

• Authorised Affiliate may only use coupons and promotional codes that are provided exclusively through the Program.

• Authorised Affiliate may not use misleading text on any promotion or Affiliate Promotional Links, buttons or images to imply that anything besides the Affiliate Relationship exists.

• Authorised Affiliate may not generate pop-ups, pop-under, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless we have expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Any promotion or links you create in the course of the Program must direct any consumers to Us.

8. Utilization of Affiliate Promotional Links:

• We hereby grant you a limited, non-exclusive, and non-transferable license to use our Affiliate Promotional Links for placement on your site without modification, abridgment, or embellishment, for the sole purpose of referring potential customers to Us. We reserve the right to revoke this license to use the Affiliate Promotional Links, in whole or part, at any time.

• We reserve the right to require you to modify your use of the Affiliate Promotional Links following review of your Website. If we issue formal policies and rules in connection with the usage of the Affiliate Promotional Links, you agree to promptly conform your use of the Affiliate Promotional Links to said policies, as same may be amended from time to time.
• You may not use Affiliate Promotional Links to market, promote, or endorse the goods, services, and/or cause of any other individual or entity or to otherwise benefit any third party other than Us.

• You agree that you shall not bid on, register or purchase search engine keywords, domain names, or other identifying search terms or titles that are similar to any of the Intellectual Property Rights owned or controlled by Us, or by any third party to promote your participation in the Program.

• In utilising the Affiliate Promotional Links, you agree that you will cooperate fully with Us in order to establish and maintain the consistency and integrity of such Affiliate Promotional Links as they may be modified, enhanced, expanded, curtailed or eliminated from time to time by Us, in our sole and unlimited discretion.

• You acknowledge that, by participating in the Program and/or using any of the Affiliate Promotional Links, We may receive information from or about visitors to your site to track Referrals. 

9. Paid Search Policies

• The Program prohibits bidding on brand terms, including any misspellings and/or variations, whether phonetically similar or not. Failure to comply with our search policies may lead to the removal of the Program and the reversal of Commissions. 

10. Intellectual Property Rights

• Any and all intellectual property created for your use of the Program is owned by Us. Only on an agreed assignment do any intellectual property rights transfer to you.

• Authorised Affiliates are entitled to use Emmy London logos (as provided in Schedule 1) for the sole purpose to promote the Program in accordance with this Agreement.

• Authorised Affiliates are not allowed to use Emmy, Emmy London or any sign which is identical or similar for use in the Authorised Affiliates domains, or part of their URL structure or otherwise without our consent.

• Authorised Affilitates may not bid on "Emmy London+coupon" or "Emmy London+Coupon Code”, unless agreed with the Us. Publisher will not use direct links to any Emmy London site, use a registered “Emmy London.com” domain, or term “official site” when referring to Emmy London brand in search marketing. Permission to use the Emmy London brand, or bid on trademark terms, may be obtained with expressed written permission only. 

11. Paid Search Terms:

• Trademark or Brand-related- Bidding is NOT PERMITTED and Affiliate is NEVER allowed to outrank or outbid CompanyName on any keywords.
• The Authorised Affiliate partner may never use any domain names that are owned by Emmy London for any DISPLAY URL listings used in paid search campaigns. Nor may they CLOAK or MASK these URL’s in paid search campaigns.
• Affiliate may also direct link to any pages on the Emmy London owned domain.
• Authorised Affiliate must not use the word “official” in connection with the Emmy London owned property’s name in domain names, search ads, or on landing pages.

12. Confidentiality

• This Agreement including its contents and/or any attachments is deemed confidential. The Authorised Affiliate may not disclose, disseminate, distribute, or forward this Agreement and/or any related attachments, or disclose any information which is imparted on them by us, or which they procure themselves during the course of the Agreement or any future related materials which relates to the Program to any other parties.

13. Governing law and jurisdiction

• These Conditions are governed by the laws of England and Wales.

14. Entire agreement

•  The parties agree that the Contract constitutes the entire agreement between them and supersedes all previous agreements, understandings and arrangements between them, whether in writing or oral in respect of its subject matter.

15. Variation

• The Conditions may be modified by Us at any time. If any modification to the Conditions of this Agreement are unacceptable to You, we will immediately terminate the Agreement.  Your continuing participation in the Program will constitute your acceptance of any changes. 

16. Severance 

• If any provision of the Contract (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of the Contract shall not be affected. 

17. Waiver 

• No failure, delay or omission by the Supplier in exercising any right, power or remedy provided by law or under the Contract shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right, power or remedy.

18. Jurisdiction

• The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, the Contract, its subject matter or formation (including non-contractual disputes or claims).

 

Schedule One 

Schedule one refers to all content or links provided in the Tapfiliate asset library.