Affiliate Terms and Conditions

Please read these Affiliate Terms (the “Terms”) carefully before submitting your application (an “Application”) to participate in our Affiliate Programme. By submitting an Application you are deemed to have accepted these Terms and agree to be bound by them.

1. Introduction

1.1 These Terms apply to participants in the Affiliate Programme (the “Programme”).

1.2 In these Terms “Company”, “we”, “us”, and “our” means Made by Brave Limited (trading as Ancient + Brave) a company registered in England with company registration number 10778325 and whose registered office is at Lampool, Lampool Corner, Maresfield, East Sussex, TN22 3DS, United Kingdom.

1.3 In these Terms, “Affiliate”, “you” and “your” means the individual or organisation that is applying to become a participant in the Programme and who has accepted these Terms upon joining the same.

1.4 References in these Terms to our website (the “Company Site”) include www.ancientandbrave.earth and all associated web pages.

1.5 By accepting these Terms you agree to be bound by them and shall enter into a binding agreement with us (the “Agreement”).

2. Definitions and Interpretation

In these Terms the following terms shall have the following meanings:

 “Affiliate App”

means Affilio.io which is a referral tracking software;

“Affiliate Site”

means any platform used by the Affiliate to advertise the Referral Link including but not limited to his/her website, blog, social media platform;

“Business Day”

means any day other than Saturday or Sunday that is not a bank or public holiday;

“Commencement Date”

means the date of your acceptance of these Terms;

“Commission Rate”

means the percentage of commission paid on Net Sales Revenue as set out to you by the Company;

“Commission Holding Period”

means a period of 30 days from the date of the sale in line with the Company’s Return Policy; 

“Confidential Information”

means all business, technical, financial or other information created or exchanged between the Parties in the course of fulfilling their obligations under the Agreement;

“Direct Referral”

means a sale to a customer who has been led to the Company Site through the Referral Link where that customer can be tracked directly from the Referral Link on the Affiliate Site to the Company Site without any further intermediaries;

“Eligible Referral”

means a Direct Referral that becomes eligible for payment after the Commission Holding Period provided it meets all these criteria: 

  1. the payment of the order has been paid in full by the customer to the Company; 
  2. the order has not been refunded or cancelled or otherwise reversed; and
  3. the Affiliate’s account remains active and in good standing.

“Marketing Materials”

means any materials generated or otherwise owned by the Company including but not limited to all products, branding, logos, product specifications, supporting documentation, images and films;

“Net Sales Revenue”

means the total order value of sale generated through the Referral Link excluding all shipping, taxes and discounts;

“Payment Day”

means the 15th of every calendar month or the following Business Day if the 15th falls on a weekend or designated holiday;

“Referral Link”

means the specific Referral Link the Affiliate will be provided with to link to our products and pages on the Company Site;

“Registration Data”

means the information provided by the Affiliate when registering for enrolment in the Programme;

“Term”

means the term of this agreement as defined in these Terms during which you shall participate in the Programme.

3. Enrolment in the Programme

3.1 By enrolling in the Programme you agree that you will complete the registration accurately and in full and that you shall inform us of any changes to your Registration Data.

3.2 We may review your Affiliate Site or ask for further information about your business following your acceptance of these Terms. You will be informed within ten Business Days of the outcome of your application.

3.3 Once your application is approved we will send you a link to sign up to the Affiliate App and the Affiliate App will generate a Referral Link for your use. In addition you will also find a link to the Marketing Materials (including product information, images and copy) in the Affiliate App

3.4 We may, in our sole discretion, choose to reject any application for any reason and are under no obligation to disclose such reasons.

4. Company / Affiliate Relationship

4.1 Nothing in these Terms shall constitute, or be deemed to create, a partnership between the Parties, nor, except as expressly provided, shall it designate, or be deemed to designate, any Party the agent of any other Party for any purpose.

4.2 Subject to any express provisions to the contrary in these Terms you shall have no right or authority to and shall not do any act, enter into any contract, make any representation, give any warranty, incur any liability, assume any obligation, whether express or implied, of any kind on our behalf or bind us in any way.

5 Links

5.1 Once your application is approved you will be sent specific Referral Links to link products and pages from the Affiliate Site to the Company Site. The Affiliate App will track users who have visited these Referral Links using cookies which expire in 30 days. Only users who make a purchase via the Referral Links while the cookie is active will be considered referrals of the Affiliate and recorded as such on the Affiliate App.

5.2 The Affiliate is not authorised to modify or alter the Referral Links or the cookies in any way.  Neither the Company or the Affiliate App is responsible for any tracking or reporting errors that may result from any modifications to the Referral Link or the cookies.

5.3 Under no circumstances may any of the Marketing Materials provided by the Company be modified in any way save due to size. You may not use any files of your own to link to the Company Site.

5.4 We reserve the right to request the alteration or removal of a link from the Affiliate Site. You are required to assume full responsibility to maintain all links to the Company Site from your Affiliate Site.

6 Site Maintenance and Content

6.1 The Affiliate shall be exclusively responsible for maintaining and updating the Affiliate Site.

6.2 The Affiliate may not host any content that is in any way unlawful, harmful, threatening, obscene, harassing, discriminatory, defamatory or otherwise objectionable; facilitates or promotes violence, terrorism, or any other criminal activity; is sexually explicit; or infringes or assists or encourages the infringement of any intellectual property rights belonging to any party.

6.3 As an Affiliate, you are free to display pricing information relating to our products. It is your responsibility to keep such information up-to-date relating to pricing and new products. We reserve the right to alter pricing at any time in accordance with our own policies.

7 Orders

7.1 We undertake to use all reasonable endeavours to process and fulfil all orders placed by referred customers generated by affiliates. We shall be responsible for order entry, payment processing, handling, shipping, cancellations, returns and all subsequent customer service. You shall have no further involvement with the customer or the completion of the transaction and all customers will be made aware of the same.

7.2 We reserve the right to reject any orders that do not comply with the customer referral requirements as detailed in these Terms.

8 Reports and Commission

8.1 We will track all details of the sales including their origin and the revenue generated. Reports of all sales generated through the Referral Link will be available in the Affiliate App. We reserve the right to alter the form and content of such reports without notice.

8.2 We make payment to our Affiliates (the “Payments”) on the Payment Day of each calendar month. You will be paid the agreed Commission Rate for each Eligible Referral on the next applicable Payment Day (following the 30 day Commission Holding Period) in accordance with these Terms.

8.3 The Payments will be payable in Pounds (GB£) only, except as otherwise determined by the Company in its sole discretion. Payment will be made through PayPal to the email address specified by the Affiliate in the Affiliate App. The Affiliate is responsible for providing the Company with the full and accurate details that are required to remit the Payments and is solely responsible for any delays in payment resulting from its failure to do so.

8.4 In the event of any activity deemed suspicious by the Company we may delay the Payment to verify the relevant transactions. We reserve the right to recalculate, void, or disqualify any referrals or Payments in the event of any fraudulent, deceptive or otherwise illegal activity.

8.5 In the event that a customer cannot be tracked, no commission will be paid. In the event of any refunds issued for any reason including, but not limited to, fraud and where such refunds are not incurred through any fault of ours, you may be contacted to arrange for the repayment of any related commission.

8.6 You may be liable to pay tax on the Payments and by accepting these Terms you hereby acknowledge that you are solely responsible for the payment of tax on any income you may generate through your involvement in the Affiliate Programme.

8.7 We reserve the right to modify our Commission Rates at any time. You will be given 20 Business Days’ prior written notice (the “Notice Period”) of any such change. You will be given the option to opt out of the Affiliate Programme within the Notice Period and will, on the exercise of that option, be paid any Commission due to you.

9 Limited Licence

9.1 Upon your entry into the Affiliate Programme, the Company shall grant to you a non-exclusive, non-transferrable, limited licence to use our Marketing Materials and our trade marks (the “Trade Marks”) for the sole purpose of promoting the Company and its products within the context of the Affiliate Programme.

9.2 You may use our Marketing Materials and/or Trade Marks only to the extent required to establish links and perform your obligations as an Affiliate under these Terms.

9.3 You may not use the Company’s Marketing Materials and/or Trade Marks in a manner which the Company considers (in its sole discretion) portrays the Company in a negative light.

9.3 By accepting these Terms you hereby agree that:

  1. our Trade Marks and/or Marketing Materials shall remain the property of the Company unless and until we assign those marks to a third party;
  2. nothing in these Terms shall be deemed to confer any ownership rights in our Trade Marks and/or Marketing Materials on you; and
  3. you shall not contest the validity of our Trade Marks and/or Marketing Materials.

10 Intellectual Property

10.1 We are the sole and exclusive owners of all Intellectual Property Rights (“IPRs”) in our Site including, but not limited to: all code, text, sound, video, graphics, photographs and other images that form a part of the Site. We shall also be the sole and exclusive owners of all IPRs in the Trade Marks and/or Marketing Materials.

10.2 We shall be the sole and exclusive owners of all IPRs which may subsist in all future updates, additions and alterations to our Site, and any Marketing Materials and/or Trade Marks

11 Affiliate Warranties and Indemnity

11.1 In accepting these Terms you hereby warrant and acknowledge that:

  1. Your Affiliate App does not and will not contain any content that is in any way unlawful, harmful, threatening, obscene, harassing, discriminatory, defamatory or otherwise objectionable; facilitates or promotes violence, terrorism, or any other criminal activity; is sexually explicit; or infringes or assists or encourages the infringement of any intellectual property rights belonging to any party.
  2. All necessary authorities, consents and approvals have been obtained in respect of your obligations under these Terms and will remain valid and effective throughout the Term;
  3. That you are over the age of 18 and is qualified to enter into these Terms;
  4. Your obligations under these Terms shall constitute legal, valid and binding obligations on you. Such obligations shall be direct, unconditional and general obligations; and
  5. You will not refer to us in any way in any unsolicited bulk email campaigns or other spamming practices that you may conduct.

11.2 By accepting these Terms you agree that you shall indemnify us in full against all liability, loss, damages, costs and expenses (including legal expenses) awarded against or incurred or paid by us as a result of, or in connection with:

  1. breach of any warranty given by you in relation to the Affiliate Site;
  2. any claim that the Affiliate Site infringes the patent, copyright, trade mark or other intellectual property rights of any other person, except to the extent that the claim arises from compliance with any terms stipulated by us; and
  3. any act or omission by you or your employees, agents or sub-contractors in performing your obligations under these Terms.

12 Limitation of Liability

12.1 The Affiliate Programme is provided on an "as is" and "as available" basis and the use of the Affiliate Programme is at the Affiliate's own risk. Neither the Company or the Affiliate App make any representations or warranties, either expressed or implied, with respect to the Affiliate Programme, or any service or information provided through the Affiliate Programme.

12.2 Neither the Company nor the Affiliate App is responsible for any damages, injury or economic loss arising from the use of Affiliate Programme. Should any part of the Affiliate Programme cause damage or inconvenience to the Affiliate or anyone claiming through the Affiliate, the Affiliate assumes responsibility and the entire cost for them.

12.3 The Affiliate will indemnify and hold harmless the Company and the Affiliate App and their respective directors, officers, employees, agents, subsidiaries, and third parties from and against any losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to the Affiliate's or any third party's operations or use of the Affiliate Programme.

13 Termination

13.1 The Affiliate may terminate the Affiliate's participation in the Affiliate Programme with immediate effect by giving the Company written notice of termination. The notice must be sent through the messaging system of the Affiliate App.

13.2 The Company reserves the right to terminate the Affiliate's participation in the Affiliate Programme at any time for conduct that is in material breach of these Terms or for conduct that the Company in its sole discretion, deems to be harmful to its business or any third party.

14 Modifications

14.1 The Company may, in its sole discretion, change or modify these Terms at any time, with or without notice. Such changes or modifications shall be made effective for all Affiliates upon posting of the modified Terms. The Affiliate is responsible for reading this document from time to time to ensure that its use of the Affiliate Programme remains in compliance with these Terms.

14.2 If any modification is unacceptable to the Affiliate, its sole recourse shall be to terminate these Terms. The Affiliate's continued participation in the Affiliate Programme will constitute binding acceptance of such modifications.

15 Severance

The Parties agree that, in the event that one or more of the provisions of these Terms is found to be unlawful, invalid, or otherwise unenforceable, that those provisions shall be deemed severed from the remainder of these Terms and the remainder of the Terms shall be valid and enforceable.

16 Notice

Unless otherwise stated in these Terms, the Parties agree that all notices to be served under the Agreement shall be in writing and may be sent by email to the other Party’s registered email address.

17 Entire Agreement

These Terms shall embody and set forth the entire agreement and understanding between the Parties and shall supersede all prior oral or written agreements, understandings or arrangements relating to the Programme or the relationship between the Parties. Neither Party shall be entitled to rely on any agreement, understanding or arrangement not expressly set forth in these Terms save for any representation made fraudulently.

18 Non-exclusivity

The relationship between the Parties shall be and shall remain non-exclusive. Both parties are free to enter into similar relationships with other parties.

19 Non-assignment

You may not assign any or all of your rights or obligations under these Terms without our prior written consent, such consent not to be unreasonably withheld.

20 Law and Jurisdiction

These Terms shall be governed by the laws of England and Wales. Any dispute between the Parties relating to these Terms or the agreement shall fall within the jurisdiction of the courts of England and Wales.

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