Nautical Bits Affiliate Program Terms of Service
Effective: 20th August 2019
Content:
- Introduction
- Scope of Agreement
- Creative Materials / Promotional Links
- Referrals / Commissions & Payments
- Confidentiality
- Your Responsibilities
- Term of the Agreement & Program
- Termination
- Relationship of Parties
- Limitation of Liability
- Disclaimers
- Independent Investigation
- Legal
- Contact Us
- Policy Revisions
Introduction
NauticalBits.com (& NauticalBits.co.uk) is part of a network of websites and social media accounts owned and managed by BlueMoonCreative.Services. The following agreement which together with the Nautical Bits Terms & Conditions of Use and Privacy and Cookies Policy govern our relationship with you in relation to the Site.
The Nautical Bits Affiliate Program is part of a BlueMoonCreative.Services performance marketing initiative whereby individual users may sign up for an Nautical Bits Affiliate account and obtain a unique link to market specific products available on the Nautical Bits Shop.
Scope of Agreement
The Nautical Bits Affiliate Program (“Program”) is in place to encourage you to promote our products, to share with new audiences and, in return, you are rewarded for your activity. When joining the program, and upon our approval, you will be appointed as a non-exclusive affiliate, and you shall act in order to refer new potential customers to purchase our products.
As our affiliate, you may not represent yourself as a part of Nautical Bits, and may not create any obligation on behalf of Nautical Bits. Our liability to you is limited and our relationship is non-exclusive; we can find other affiliates, and you can market other products.
By signing up to be an Affiliate in the Nautical Bits Affiliate Program you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Nautical Bits reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
Account Terms
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- You must be 18 years or older to be part of this Program.
- You must live in the United Kingdom or Ireland to be an Affiliate – Other country residence will be considered on an individual basis.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. Nautical Bits cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- One person or legal entity may not maintain more than one account.
- You may not use the Affiliate Program for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
Customer definition
Customers who buy products through promotions related to this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers.
Creative Materials / Promotional Links
Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your website, social media accounts, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Nautical Bits. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.
To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Nautical Bits Shop. You must ensure that each of the links between your site and the Nautical Bits Shop properly utilises such special link formats. Links to the Nautical Bits Shop placed on your site pursuant to this Agreement and which properly utilise such special link formats are referred to as “Affiliate Links.” You will earn referral fees only with respect to sales on a Nautical Bits Shop product occurring directly through Affiliate Links; we will not be liable to you with respect to any failure by you or someone you refer to use Affiliate Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
For best practice, Affiliate Links should point to the page of the product being promoted.
We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site (you may, however, use indicative prices for written content in qualified statements e.g. “Prices start from”, “Pricing as at dd/mm/yy). We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
Referrals / Commissions and Payment
For a Product sale to be eligible to earn a referral fee, the customer must click-through an Affiliate Link from your site, social media account, email, or other communications to Nautical Bits and complete an order for a product*. Affiliate Links place a cookie valid for 30 days, so if the new customer completes a purchase within that time period you will earn a referral fee.
We calculate and pay commissions based on links that are automatically tracked and reported by our systems. We can only pay commissions on business generated through properly formatted affiliate links that were automatically tracked by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system.
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Product Range
* Products available for promotion include ALL those included in the NauticalBits.co.uk Shop.
Commissions
Each affiliate will be provided with a fixed affiliate commission rate that we will confirm upon successful application. We may change this commission at any time based on our own discretion. Such changes will not be applied retrospectively.
You are only eligible to earn Commissions on completed sales** occurring during the term of this Agreement. Commission is payable on the sales order value, net of discounts, tax and shipping. Commissions are calculated and payable in Pounds Sterling using the appropriate month end rate of exchange.
From time-to-time, on our sole discretion, we may offer additional incentives and opportunities to earn incremental or bonus commissions based on affiliate sales performance. Qualifying details will be made available upon the implementation of any such initiative.
** Nautical Bits reserves the right to hold commissions for a reasonable time to cover order fulfillment and to insure against cancellations or returns – this is typically around 7 working days.
Payments
Earnings are calculated on a rolling basis and Payments will only be made once you’ve earned more than £25 in affiliate income. Eligible earnings are valid for up to 365 days. If your affiliate account never reaches the payment threshold within that period, earnings (over 365 days old) will be considered forfeited by the affiliate and may be claimed by Nautical Bits at our sole discretion. We are only responsible for paying accounts that have crossed the £25 threshold.
Subject to confirmed earnings reaching the payment threshold of £25 by the final day of the month, payment will be made via PayPal within 7 working days of the month end. If the payment threshold of £25 has not been met since your last payment, earnings will be rolled over until such time you’ve crossed the threshold by the month end.
Confidentiality
Any information that an Affiliate is exposed to by virtue of its relationship with Nautical Bits under this Agreement, which information is not available to the general public, shall be considered to be “Confidential Nautical Bits Information.” Affiliates may not disclose any Confidential Nautical Bits Information to any person or entity, except where compelled by law, unless Affiliates obtain prior written consent for such disclosure from Nautical Bits.
Under the Agreement your commission is confidential, however the fact that we paid you for services under the Agreement is not. You should add a disclosure statement on your website, in your emails, or in other communications that you may receive a commission for sharing / promoting your published affiliate links – you do not need to tell others your specific commission. Links / Posts on social media should include the #ad or #affiliate hashtag.
Your Responsibilities
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
- The technical operation of your site and all related equipment
- Ensuring the display of Affiliate Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
- The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Affiliate Links)
- Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
- Ensuring that materials posted on your site are not libelous or otherwise illegal
- Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognise cookies on visitors’ browsers.
Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to Nautical Bits, and all of our content and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Nautical Bits reserves the right to end the Program at any time. Upon program termination, Nautical Bits will pay any outstanding earnings accrued above £25.
Termination
Nautical Bits, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Nautical Bits service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Nautical Bits reserves the right to refuse service to anyone for any reason at any time.
Relationship of Parties
Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you are part of Nautical Bits or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
If we approve your participation in this program you are an independent contractor. This means you should pay all applicable taxes, make sure that you have proper insurance, and not make any statement on our behalf. It also means that we will pay you the sums we agree on on specific dates.
Each party is responsible for its own expenses, and the commission you are entitled to is the sole payment you receive in relation to your services.
Limitations of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
Disclaimers
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Nautical Bits will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Legal
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (statutory, regional or otherwise) that govern marketing email, including without limitation, G.D.P.R., the CAN-SPAM Act of 2003 and all other anti-spam laws.
All transactions conducted on this web site are governed by English law and you agree to submit any dispute to the non-exclusive jurisdiction of the English courts. All transactions are subject to these terms and conditions and no amendments will be accepted by us. These terms and conditions do not affect your legal rights.
This Agreement will be governed by the English law, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of Nautical Bits to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Nautical Bits and govern your use of the Service, superceding any prior agreements between you and Nautical Bits (including, but not limited to, any prior versions of the Terms of Service).
Contact Us
If you have any questions regarding the Terms & Conditions please contact us:
via email
via Contact Us page
Policy Revisions:
Original Version: 20th August 2019
