The Affiliate People Ltd - Terms and Conditions for Affiliates

As an affiliate of The Affiliate People Ltd (TAP) you agree to the creation of the following agreement between you and The Affiliate People Ltd. This Agreement will be construed and controlled by the laws of the England and Wales. Any dispute arising from or related to this Agreement, including, without limitation, a breach of this Agreement, will be governed by the laws of England and Wales.

Main affiliate approval process:

Any company or website seeking to become an Affiliate or publisher of The Affiliate People must be approved by TAP staff before being given access to campaigns. We will review websites and access publicly available information in order to assess the suitability of companies and individuals before approving Affiliates. We will likely not approve an Affiliate who we cannot contact by telephone during the approval process. TAP may at its own discretion deny approval of any application without giving cause.

--The use of incentives to generate traffic for any campaign is strictly prohibited and no such traffic will be paid for. Affiliates found to be generating traffic through the use of incentives to drive consumers to fill in a campaign form or click on a campaign link will be considered to have defrauded the network and our clients. Affiliates using incentives to drive traffic will be removed from the network and will have their entire commission withheld. Action may be taken to recover commission previously paid.--

Additionally, websites or consumer communications that contain or link to any of the following general prohibited types of content will not be approved and if found on the network will not be paid:

  1. The promotion of illegal activities including but not limited to illegal filesharing, warez and illegal drugs
  2. The use of profane or offensive language
  3. Advertising the sale of adult or sexual products or services
  4. Hate content or other objectionable or discriminatory content or links
  5. Displaying or linking to the display of pornography of any kind
  6. Promoting illegal get-rich-quick schemes or inviting investment into questionable vehicles or opportunities including boiler room and share tipping scams
  7. The infringement of intellectual property and/or copyrights

There are various types of affiliate campaign on our systems. Each type may have its own approval processes in addition to the main Affiliate approval process. For example:

Campaign approval process - applications will be assessed on a variety of bases including but not limited to:

  1. The quality of previous traffic generated
  2. The suitability of the websites or databases that will be used to generate leads
  3. No incentive websites will be approved. Affiliates found to be generating leads by using incentives will not be paid and could be removed from the network entirely
  4. The use of pop-ups must be sanctioned in advance and in writing by TAP staff or this type of traffic will not be paid for. Forced clicks will not be paid for.
  5. Where a campaign has a separate approval process for Affiliates' email broadcasts these processes must be adhered to in all cases or the traffic generated may be considered fraudulent.

Fraudulent traffic
Traffic generated by methods that fall outside of a campaign's terms and conditions or these general terms and conditions may be considered to be fraudulent traffic. The Affiliate People will determine whether traffic is considered to be fraudulent. Fraudulent traffic will not be paid for and all commission payable on other campaigns may be cancelled. Affiliates generating fraudulent traffic will be removed from our network. Fraudulent traffic types include but are not limited to: incentive traffic, forced clicks or pop-ups, host and post into lead forms, mass duplication of leads, the insertion of fraudulent leads, clicks or sales into valid traffic to inflate the total number of leads, clicks or sales, the use of unapproved creatives, subject lines, from lines or from addresses and/or the use of unapproved traffic sources including running website traffic to an email link or PPC or contextual traffic on a campaign that does not allow for those traffic types.

Other Obligations of the Affiliates

  1. The Affiliate shall at all time provide such information and complete such forms as may reasonably be required by The Affiliate People & ensure that all information provided to The Affiliate People is complete and accurate and not misleading.
  2. The Affiliate shall not alter, edit or amend and shall not procure or attempt to procure the alteration, editing or amendment of any material provided to it by The Affiliate People or any Merchant for inclusion on the Affiliate Website including but not limited to Merchant Links or Intellectual Property of Merchants or The Affiliate People, editorial or creative without the prior consent in writing of The Affiliate People or the Merchant as the case may be.
  3. The Affiliate shall not either directly or indirectly alter edit amend or vary Affiliate Hosted Content (if any).
  4. The Affiliate shall at all times ensure that The Affiliate People is made fully aware of all methods and websites that are being used to generate traffic. Including ensuring that all websites that are active on a Merchant Programme are included within the Affiliate Account and signed up to the Programme.
  5. The Affiliate shall not promote Programmes through a network of their own affiliates without the written approval of The Affiliate People for each individual Programme. Where this approval is given the Affiliate shall assume responsibility for all activity within their account and ensuring that it is performed in accordance with this Agreement. In the event of a breach of this Agreement all activities and Affiliate Commission generated within the account of the Affiliate may be withheld
  6. The Affiliate accepts that the Merchant Programmes are operated on the basis that the Affiliate promotes marketing material to a User, on the Affiliate Website, who then clicks through to the Merchant Website to complete a transaction. Any other activity (without limitation) used by the Affiliate to generate Referrals requires written permission from The Affiliate People, including, for the avoidance of doubt, Lead Generation, Cashback, Cost Per Call or Email Promotion.
  7. In the event that The Affiliate People receives a complaint from any Merchant or any third party relating to the Affiliate Website or any methods employed by the Affiliate to direct internet traffic to or through it, the Affiliate shall co-operate with The Affiliate People to facilitate the investigation of such complaint. The Affiliate People may in its sole discretion require the Affiliate to amend or remove the subject matter or methods complained of.
  8. During this Agreement and for the period of six months following termination of this Agreement, the Affiliate shall not:
    1. without The Affiliate People’s prior written consent communicate directly with a Merchant in relation to any matters involving the provision of Services covered by this Agreement. The Affiliate shall promptly notify The Affiliate People if it is approached by any Merchant directly in relation to the provision of introductory services or services of a nature similar to or competing with the Services;

Completion of the Affiliate account sign-up form demonstrates acceptance of these terms and conditions and the creation of an agreement between the Affiliate and The Affiliate People Ltd. Use of the TAP affiliate system, TAP links, and TAP creatives demonstrates acceptance of these terms and conditions however modified. Here are some important contractual parameters:

Payable action: commission is only payable for leads and sales that have been confimed by clients as valid within all campaign terms and as non-fraudulent. The confirmation process is carried out on or around the 10th to the 15th of each month.

Lead statuses: leads may be given various statuses within our system. Pending leads are leads which have neither been approved or rejected by a client. Approved leads are leads which have not been confirmed as valid for payment by a client. Confirmed leads are those which a client has confirmed are valid and payable. Invoiced leads are leads which have been confirmed and invoiced. Paid leads are leads where commission has been paid out to affiliates.

Payment terms: unless otherwise stated in campaign descriptions commission payments are made 28 days after activity month-end and after The Affiliate People (TAP) has been paid by the client.

Late client payments: In the event that the client does not pay TAP, TAP does not guarantee to pay Affiliates. When clients pay late TAP will pass on the due commission during the month of receipt.

Commission payment threshold: Affiliates must earn £250 of commission in order to trigger payment in the monthly payment cycle.

Approved creatives: Affiliates must not amend approved creatives in any way or use unapproved creatives to promote any campaigns. traffic generated by unapproved creatives may be considered fraudulent.

Affiliate account removal: The Affiliate People may at any time close down an Affiliate's account after giving 48 hours notice by email. Campaign links will be broken without notice if fraud is suspected.

Affiliate age: You must 18 years old to sign up as an Affiliate.

The Affiliate agrees to indemnify The Affiliate People Ltd and to hold The Affiliate People harmless from and against any and all losses, claims and lawsuits for copyright, slander, libel, trademark violation or regulatory infringement.

Participation requirements for email marketers:

  1. The bulk sending of unsolicited messages ('spam'), or the sending of unsolicited emails which provoke complaints from the recipients is prohibited.
  2. The use of distribution lists that include people who have not given specific permission to be included in such a distribution process is prohibited.
  3. Affiliates must provide any and all consumer email opt-in information to The Affiliate People staff or its clients on request. Such requests must be actioned by the Affiliate within five days of receipt.
  4. Affiliates warrant that all marketing emails sent to promote the products and services of The Affiliate People or its clients will clearly identify the sender and contain a functioning unsubscribe mechanism.
  5. Affiliates warrant that they will comply with any and all relevant data protection or related legislation including but not limited to the UK Data Protection Act and the CAN-SPAM Act
  6. Affiliates that generate spam complaints, blocks, blacklists or who are shown to have mailed 'spam trap email addresses' will be immediately suspended from the network and may have commission witheld.
  7. Affiliates who cause The Affiliate People to be blacklisted or blocked by anti-spam organisations warrant that they will offer all co-operation required to remove any such listing or block.
  8. Affiliates who cause The Affiliate People material commercial and/or reputational damage by their data acquistion, email list management or email sending processes may be held liable for £10,000 in damages or a sum commensurate with the material commercial or reputation damage caused, whichever is the larger. This liability for damages is in addition to affiliates' liability for for costs incurred by The Affiliate People in resolution of issues caused by affiliates' activities and any costs incurred by The Affiliate People in pursuit of damages and or in defence of its interests.

In all cases sole discretion to determine whether an affiliate has broken the terms of this contract lies with The Affiliate People and its staff.

This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals, and communications, written or oral, between you and The Affiliate People Ltd. You agree that any terms and conditions that apply to users of your advertising services, advertising systems, websites and any click-through terms and conditions required to log into your websites or systems or otherwise whether clicked on by The Affiliate People Ltd prior to or after the start date of this agreement will not supersede, alter, or affect these terms and conditions If any provision of this Agreement is held or made invalid or unenforceable for any reason, such invalidity will not affect the remainder of this Agreement, and the invalid or unenforceable provisions will be replaced by a mutually acceptable provision that, being valid, legal, and enforceable, comes closest to the original intentions of the parties hereto and has like economic effect. This Agreement is not intended to benefit, nor will it be deemed to give rise to, any rights in any third party, except as specifically set forth in this Agreement. The Affiliate People Ltd reserves the right to discontinue offering the affiliate system at any time. The Affiliate People Ltd will have no liability hereunder by reason of any failure or delay in the performance of its obligations on account of strikes, shortages, riots, acts of terrorism, insurrection, fires, flood, storm, explosions, earthquakes, internet outages, computer virus, acts of god, war, governmental action, or any other cause that is beyond The Affiliate People's reasonable control. Sections that by their nature must survive shall so survive.

Modification and indemnification: The Affiliate People may modify any of the terms and conditions contained in this contract at any time and at its sole discretion by posting them up on its website or by confirming them in writing to the affiliate. The Affiliate indemnifies The Affiliate People against all fees, proceedings, expenses, costs and damages arising out of any breach of these terms by the Affiliate and any warranties or representations given by the Affiliate which are untrue. Any use of The Affiliate People affiliate system or The Affiliate People links, creatives or reports will be deemed to be continued acceptance of this Agreement, including its amendments and modifications.

NON-COMPETE: The Affiliate shall not do (or attempt to do) business directly with any Advertiser for whom the Affiliate is running activity through The Affiliate People and shall ensure any Third Parties’ compliance with this Clause.

INJUNCTIVE RELIEF: The Affiliate agrees that damages alone will not be an adequate remedy for the breach of any of the provisions of this Agreement and accordingly that, without prejudice to any other rights and remedies available, The Affiliate People shall be entitled to seek injunctive or other equitable relief to remedy or prevent any breach or threatened breach of this Agreement.

Relationship of parties: nothing in these terms and conditions creates any partnership, joint venture, agency, franchise, sales representation or employment relationship between The Affiliate People and the Affiliate. The Affiliate has no authority to make or accept any offers or representations guarantees or warranties on The Affiliate People's behalf.

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