Affiliate Terms & Conditions

Section 1. Party Agreement & Definitions

1.1 By signing up to our affiliate programme you are accepting these Affiliate Terms & Conditions.

1.2 Agreement: These Affiliate Terms & Conditions;

1.3 The Affiliate: You have the authority to agree to our Affiliate Terms & Conditions, our policies and sign up for our affiliate programme on behalf of yourself, your company or your organisation;

1.4 The Company: Snazzy View Ltd, England & Wales Company Number: 12806469;

1.5 End User: Any person (individual, partnership, company or other organisation) who makes use of a web browser to access and view web pages;

1.6 Referral Link: A URL generated from the affiliate portal that contains The Affiliates unique tracking ID;

1.7 Affiliate Cookie: A Cookie placed on the End Users device to track when they click an Affiliate Link to identify which Affiliate referred them:

1.7.1 The Cookie is valid for 3 month after which time it expires;
1.7.2 Each Affiliate Cookie contains unique tracking information to identify each Affiliate;
1.7.3 Cookies are browser & device specific and will not transfer between browsers or devices.

1.8 Order: When an End User purchases goods or services from The Company;

1.9 Clearing Period: This is a 30 calendar days period from the date an order is placed;

1.10 Self-Referral: Where The Affiliate uses their own Referral Link to purchase goods or services from The Company;

1.11 Ineligible Referral: An Order will be ineligible if any of the following criteria are meet:

1.11.1 The End Users did not use The Affiliate’s Affiliate Link to place their Order;
1.11.2 The End User has cookies disabled or block meaning the Order cannot be tracked back to The Affiliate;
1.11.3 The Order was placed before the Affiliate Cookie was placed on the End Users device;
1.11.4 The Order was placed after the Affiliate Cookie had expired;
1.11.5 The Company is prohibited by law from doing business with the End User;
1.11.6 The Order is a Self-Referral;
1.11.7 The Company’s affiliate programme, systems, software or other services experienced downtime, outages or malfunctions when the Order was placed;
1.11.8 The Order has been refunded or a chargeback for the Order has been issued;

The Company retains the right to classify or re-classify any Order as an ineligible at their sole discretion, without reason or cause;

1.12 Eligible Referral: An Order will be classed as an Eligible Referral where all of the following criteria are meet:

1.12.1 The Order does not meet the criteria of an Ineligible Referral;
1.12.2 The Order was placed after the End User has clicked on The Affiliate’s Affiliate Link;
1.12.3 A valid Affiliate Cookie was on the End Users device & browser at the time of order;
1.12.4 The Affiliate Cookie belonged to The Affiliate;

1.13 Commission: The fee paid to The Affiliate by The Company for an Eligible Referral;

1.14 Promotional Content: The Company's trade name, The Company’s website, trade or service marks, trade names, trade dress, logos, images, descriptions of The Company’s products and services, associated key words, and links, or other copy or content of any type that is provided by The Company to The Affiliate for the purposes of this Agreement.

Section 2. Relationship

2.1 The Affiliate is authorised on a non-exclusive basis to promote The Company’s products and services to its website visitors or social media audience using the Promotional Content and Referral Links.

2.2 The Company makes no representation that the terms of this Agreement are similar to or the same as the terms of any other agreement it has entered into with any third party.

2.3 The Affiliate is an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between The Affiliate and The Company.

2.4 The Company does not make any guarantees of any revenue or commission through participation of the affiliate programme.

Section 3. Promotional Content and Website links

3.1 The Company may provide The Affiliate with Promotional Content solely for the purposes of promoting The Company’s products and services. Use of The Company’s Promotional Content is subject to the restrictions of this Agreement and The Company can object to any use of Promotional Content if it deems the use to be inappropriate or inaccurate or for any other reason in its absolute discretion.

3.2 Each Party retains sole and exclusive ownership and control over its website and is solely responsible for maintaining and updating its own website.

3.3 The Company is not liable in any way for any claims relating to use of the Promotional Content by The Affiliate and The Affiliate agrees to indemnify The Company against all and any claims, damages, losses, liabilities, costs and expenses relating to The Affiliate’s use of the Promotional Content.

Section 4. Using The Affiliate Programme

4.1 The Affiliate Link is how The Company can track whether an Order for their goods or services should be attributed to an Affiliate and to which Affiliate the Order should be attributed to. If The Affiliate does not use their Referral Link then there is no way for The Company to distinguish that the Order came from The Affiliate and no Commission will be payable.

4.2 The Company uses Cookies to track if an Affiliate has referred an End User and which Affiliate has referred them.

4.2.1 If the End User has Cookies disabled on their device then The Company has no way of tracking where the Order has come from and no Commission will be paid.

4.2.2 Cookies are browser and device specific. If the End User opens The Affiliate Link on one device or browser and completes their purchase on another device or browser without first using The Affiliate Link then The Company has no way of tracking where the Order has come from and no Commission will be paid.

4.3 It is The Affiliates responsibility to ensure that their Affiliate Link is correctly formatted.

4.4 Affiliate Cookies will be valid for 30 days after which they expire. No referrals prior to or beyond this period can be attributed to The Affiliate.

4.5 The Company operates on a last referral basis, this means this means that an Order is attributed to the last Affiliate that referred the End User to The Company’s website.

Section 5. Compliance

5.1 In performance of its obligations under this Agreement, The Affiliate will comply with all applicable laws and regulations, including consumer protection and unfair trading regulations and shall not engage in any fraudulent activities such as cookie stuffing or link interception.

5.2 The Affiliate acknowledges that any editorial content about The Company’s products or services must be accompanied by a prominent statement that:

5.2.1 Clearly identifies any Affiliate Links as Affiliate Links; and
5.2.2 The Affiliate will receive a Commission if an Order is placed using The Affiliate’s Affiliate Links.

5.3 The Affiliate undertakes and covenants that at all times they will comply with the requirements of the Data Protection Act 2018 in respect of recording End User’s details.

5.4 The Affiliate warrants that its website or social media channels do not:

5.4.1 Promote sexually explicit materials;
5.4.2 Promote violence;
5.4.3 Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
5.4.4 Promote illegal activities;
5.4.5 Incorporate any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law.

5.5 The Affiliate must not make any false claims or provide inaccurate or misleading information about The Company’s products and services.

5.6 The Affiliate must not use their own Affiliate Link to purchase The Company’s products and services.

5.7 The Affiliate must not engage in unsolicited marketing, mass emails or spamming of The Company’s products and services in order to gain referrals.

5.8 The Affiliate must not make any statements on behalf of The Company.

5.9 The Affiliate must provide any information or documentation that is requested by The Company.

Section 6. Limited License

6.1 The Company hereby grants The Affiliate, for the term of this Agreement, a limited, revocable, non-exclusive, nontransferable, royalty-free license to:

6.1.1 Use and reproduce the Promotional Content in strict compliance with this Agreement;
6.1.2 Display the Promotional Content on The Affiliate’s website or social media channel with such other guidelines as may be identified by The Company from time to time solely for the purpose of marketing The Company’s products and services as provided in this Agreement.

6.2 The Affiliate must not alter or permit alteration of, or remove or modify or permit removal or modification of, any of the Promotional Content, or other identifying marks placed by The Company or its agents on the products and services or associated documentation or literature, without The Company’s prior written approval.

6.3 Except as specifically provided in this Agreement, nothing in this Agreement gives The Affiliate any right, title or interest in any of the Promotional Content, products and services, any underlying intellectual property, or goodwill of The Company. The Affiliate acknowledges that the Promotional Content, products and services, any underlying intellectual property, and any related goodwill are the sole and exclusive property of The Company. The Affiliate must not, during the term of this Agreement and afterwards, challenge or assist others to challenge the Promotional Content or its registration or attempt to register any trademarks, service marks, marks, trade names or domain names that are in any way confusingly similar to the Promotional Content.

6.4 The Affiliate agrees that it will cease using the Promotional Content immediately upon request, and this license terminates automatically when this Agreement terminates.

Section 7. Termination

7.1 Either party can terminate this Agreement for any reason at anytime by giving written notice to the other party via email.

7.2 Upon termination of this Agreement any outstanding Commission will be paid as followed:

7.2.1 If The Affiliate’s account is in good standing order at the time of termination then any outstanding Commission will be paid within 45 days of termination;
7.2.2 If this Agreement has been terminated on account of The Affiliate’s breach of any terms set out in this Agreement then no outstanding commission will be paid to The Affiliate.

7.3 On termination of the Agreement, The Affiliate must permanently remove all Promotional Content from its website and social media channels and return it to The Company.

Section 8. Confidentiality

8. Each party will only use Confidential Information to perform its obligations under the Agreement and will not cause or allow the information to be disclosed except:

8.1 Where required by law, court order or any governmental or regulatory body;
8.2 To any of its employees, officers, sub-contractors, representatives or advisers who need to know the information in order to discharge its obligations under the Agreement and agree only to use the information for that purpose and not to cause or allow disclosure of that information;
8.3 Where the information has become generally available to the public (other than as a result of disclosure in breach of the Agreement by the party or any of its employees, officers, sub-contractors, representatives or advisers);
8.4 Where the information was available or known to it on a non-confidential basis before being disclosed under the Agreement;
8.5 Where the information was developed by or for it independently of the Agreement and is received by persons who are not the disclosing party.

Section 9. Commission Structure & Payout Schedule

9.1 The Company will pay The Affiliate a Commission of 30% for every Eligible Referral.

9.2 The Commission will be calculated on the final sale price excluding any taxes collected on the order.

9.3 There is Clearing Period of 30 days before an Eligible Referral is eligible for payout within The Company’s next payout run.

9.4 An Eligible Referral will be re-classified as Ineligible if the referral is refunded or a chargeback is issued. Where an Eligible Referral has been re-classified:

9.4.1 If the re-classification occurs within the Clearing Period then the Commission be deducted from The Affiliates account balance and no payout will be made;
9.4.2 Where the re-classification occurs after the Commission has already been paid out to The Affiliate, the Commission value will be deducted from The Affiliates account balance and offset by future Commissions.

9.5 Commission will be paid in the currency that the sale was transacted in.

9.6 The Company’s payout run will be towards the start of every month, the specific date and time will be at The Company’s discretion.

9.7 The Company will payout eligible Commission using PayPal. The Company may change the payout method at anytime without notice.

9.8 If The Affiliate cannot be paid by the payout method chosen by The Company then The Affiliate will forfeit any commission.

9.9 If The Company has attempted to payout Commission to The Affiliate but has been unable to due to reasons such as incomplete, incorrect or missing details and The Company receives no response from The Affiliate within 30 calendar days after the initial payout attempted then The Affiliate will have been deemed to have forfeited their Commission.

9.10 The Commission paid to The Affiliate is inclusive of any VAT, GST, Sales Taxes or other taxes, duties or levies payable by The Company to the Affiliate.

9.11 The Affiliate is solely responsible for all taxes, duties, levies and fees payable on the Commission or incurred from receiving of the Commission. This includes but is not limited to:

9.11.1 Any income tax or other equivalent taxes due as a result of receiving the Commission;
9.11.2 Any bank fees incurred from receiving the Commission.

9.12 It is The Affiliates sole responsibility to ensure that they’re in compliance with all laws, local or international with regards to the receiving of the Commission.

9.13 Ultimate approval and acceptance of any referral shall be at The Company’s sole discretion, and The Company may reject any referral without reason.

9.14 The Company may at any time and without notice make changes to:

9.14.1 The Commission amount;
9.14.2 The Commission structure;
9.14.3 The Commission currency;
9.14.4 Which products are eligible to earn commission.

9.15 The Company is free to set their own pricing for their products and services including pricing their products and services differently according to region or currency. The Company may change their pricing at anytime and without notice.

9.16 The Company may at any time and without notice makes changes to any products or services, remove any products or services from sale, or introduce new products or services.

Section 10. Legal

10.1 If The Affiliate breaches any of the terms in this Agreement and The Company takes no action, The Company will still be entitled to use their rights and remedies in any other situation where The Affiliate breaches the terms of this Agreement.

10.2 Both parties agree to adhere to all relevant laws and regulations in relation to activities under this Agreement and not cause the other party to breach any relevant laws or regulations. If The Company believes The Affiliate is in breach of any laws or regulations then The Company may terminate The Affiliates participation in The Company’s affiliate programme.

10.3 If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Section 11. Liability

11.1 The Company shall not be liable to The Affiliate, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for loss of contracts, loss of profits, loss of revenue, loss of business, loss of data, increased costs, increased overheads, increased expenses, all indirect losses, all indirect costs, all consequential costs, all consequential losses and special damages, even if The Affiliate has advised The Company of them.

11.2 The Company’s total liability to The Affiliate will be limited to the Commission due to The Affiliate under this Agreement.

11.3 It is The Affiliates responsibility to ensure that their website and social media channels comply with all laws and regulations including but not limited to GDPR and to ensure that all notices such as but not limited to Privacy Notice, Terms of Business and Terms of Services are in accordance with any laws or regulations.

11.4 The Affiliate agrees that it shall defend, indemnify, save and hold The Company harmless from any and all demands, liabilities, costs, losses and claims arising from any false claims, promises, statements or misinformation that The Affiliate makes about The Company’s product and services.

11.5 The Company makes no guarantees or warranties about the uptime or performance of its website, commerce provider, affiliate programme software or any other technology, software or services that The Company utilises. No commission or compensation will be paid to The Affiliate in the event of any outages of services or software malfunctions.

Section 12. Entire Agreement

12.1 The Affiliate accepts that they shall not rely on any representation, warranty or other provision except as expressly provided in this Agreement. All conditions, warranties or other terms implied by statute or common law are excluded as fully permitted by law.

12.2 The failure of The Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

Section 13. Third Parties

13.1 Neither party can transfer this Agreement to anyone else without the other parties’ permission. A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term in this Agreement.

Section 14. Eligibility

14.1 To be eligible to for The Company’s affiliate programme The Affiliate must:

14.1.1 Be 18 years of age or over;

14.1.2 Register The Affiliate’s real name, address, phone number, email address and any other details requested;
14.1.3 Not be prohibited by law from conducting business with The Company.

14.2 The Company may at their sole discretion refuse any Affiliate application into The Company’s affiliate programme without reason or cause.

Section 15. Amendments

15.1 The Company may update this Agreement at any time and with immediate effect, The Affiliate must accept the amendments in order to continue participating in The Company’s affiliate programme. The Affiliate may choose not to accept the updated Agreement by terminating their membership to The Company’s affiliate programme.

Section 16. Governing Law

16.1 This Agreement shall be governed by and construed in accordance with English law and shall be under exclusive jurisdiction of English courts.

Section 17. Access To Our Websites & Services

17.1 The Company may at any time terminate with immediate effect access to all or parts of their websites and services without cause and without notice.

Section 18. Contact Information

Registered Address:
Snazzy View Ltd
128 City Road
London, England
EC1V 2NX

England & Wales Company Number: 12806469
EU VAT Number: EU372022510

Please send any questions to support@snazzyview.com