Radiant Glow Botanical Affiliate Terms and Conditions
1. Definitions and interpretation
1.1 In the Agreement:
- “Acceptance Email” means an email sent by us Radiant Glow Botanical online (Merchant) to the Affiliate in accordance with Clause  confirming that the Affiliate has been accepted into the Affiliate Programme;
- “Affiliate” means the person (natural or legal) specified as the applicant for our Affiliate Programme on the Registration Form;
- “Affiliate Programme” means the Merchant’s affiliate programme detailed in the Agreement on our website www.radiantglow.co.uk;
- “Affiliate Website” means the website or websites owned and operated by the Affiliate and specified by the Affiliate on the Registration Form;
- “Agreement” means the agreement between the Merchant and the Affiliate incorporating these Affiliate Terms and Conditions, the Registration Form and the Acceptance Email, and any amendments to it from time to time;
- “Link” means a hyperlink (whether in text or in an image or otherwise) from the Affiliate Website to the Merchant Website enabling the Merchant to track visitors from the Affiliate Website to the Merchant Website using its affiliate tracking system;
- “Merchant” means [Biodeb Beauty Ltd known as Radiant Glow Botanical online], a company incorporated in England and Wales;
- [“Merchant Website” means the website[s] accessible via www.radiantglow.co.uk, plus any other websites notified by the Merchant to the Affiliate from time to time];
- “Payments” means payments of such amounts as are specified by the Merchant from time to time on the Merchant Website in respect of the relevant type of Payment Trigger;
- “Payment Trigger” means:
- [(a) a purchase of the Merchant’s goods or services on the Merchant Website made by a user who [first] visited the Merchant Website by means of a Link and who made such purchase within the time of agreement validity, providing that such user did not at any time between the visit and the purchase visit the Merchant Website by means of a hyperlink associated with another affiliate within the Affiliate Programme;]
- [(b) the submission of a completed registration form on the Merchant Website by a user who [first] visited the Merchant Website by means of a Link and who submitted such registration form within agreement validity of the date of that [first] visit] providing that such user did not at any time between the visit and the registration visit the Merchant Website by means of a hyperlink associated with another affiliate within the Affiliate Programme; and]
- [(c) a unique user visit to the Merchant Website made by a user through a Link[, providing that a user will not be considered a “unique” user if that user has at any previous time visited the Merchant Website;]
- “Prohibited Materials” means content, works or other materials that constitute, or that the Merchant reasonably determines constitute:
- (a) material that breaches any applicable laws, regulations or legally binding codes;
- (b) material that infringes any third party intellectual property rights or other rights;
- (c) indecent, obscene, pornographic or lewd material;
- (d) material that is offensive or abusive, or is likely to cause annoyance, inconvenience or anxiety to another internet user;
- (e) computer viruses, spyware, trojan horses or other malicious or harmful routines, programs or software; and/or
- (f) spam or unsolicited bulk email [or unsolicited commercial email].
- “Registration Form” means the HTML form on the Merchant Website enabling users to apply to become Affiliates;
- “Term” means the term of the Agreement; and
- “Verified Payment Trigger” means a Payment Trigger that has been verified by the Merchant using its affiliate tracking system (for the avoidance of doubt, this excludes both Payment Triggers that have not been so verified and events that are not Payment Triggers but are falsely verified as such).
2. The Agreement
- 2.1 By signing up to be an Affiliate in Radiant Glow Botanical Affiliate Program, you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Radiant Glow Botanical 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.
- 2.2 The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we 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 http://www.radiantglow.co.uk, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.
3. Affiliate Programme
- 3.1 The Affiliate will within 7 days following the Effective Date include [at least one Link / Links] on the Affiliate Website[, and will maintain at least one Link on the Affiliate Website during the Term].
- [3.2 The Affiliate will be granted access to an Affiliate control panel on the Merchant Website during the Term, from which the Affiliate will be able to:
- (a) alter the Affiliate’s account details and preferences;
- (b) access analytics information relating to the Affiliate’s performance; and
- (c) download code to use as Links.]
4. Affiliate obligations
- 4.1 The Affiliate must not:
- (a) include any Prohibited Materials on the Affiliate Website, or include any hyperlink to any Prohibited Materials on the Affiliate Website;
- (b) market the Affiliate Website using spam or unsolicited emails or other unsolicited communications, or using any form of spyware, parasite ware, adware or similar software, or using any other antisocial or deceptive methods; and
- (c) increase or seek to increase the number of Payment Trigger events using any fraudulent or deceptive method.
- 4.2 The Affiliate will not take any action in connection with the Affiliate Programme which might reasonably be expected to lead to the possibility of damage to the reputation and goodwill of the Merchant and/or the Merchant Website.
- 5.1 In respect of each Verified Payment Trigger, the Merchant will make a Payment to the Affiliate, subject always to the other terms of the Agreement.
- 5.2 The Merchant will account to the Affiliate for all Payments due in respect of [a calendar month] before the end of the following [calendar month];
- 5.3 No Payments will be due in respect of:
- [(a) any visits to or actions upon the Merchant Website made by or on behalf of:
- (i) the Affiliate;
- (ii) any parent undertaking or subsidiary of the Affiliate;
- (iii) any employee, agent or officer of the Affiliate or any parent undertaking or subsidiary of the Affiliate; or
- (iv) any natural person related to any of the above;]
- [(b) any amount received by the Merchant by means of the fraudulent or unlawful use of a credit, debit or other payment card, or by any other fraudulent or unlawful means; or]
- [(c) any purchases on the Merchant Website which are subsequently cancelled, refunded, reversed, or charged-back,]
- [(a) any visits to or actions upon the Merchant Website made by or on behalf of:
- and the Merchant will be entitled to require repayment of Payments made as a result of such visits, actions and purchases.
6. Limitations and exclusions of liability
- 6.1 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.
- 7.1 Radiant Glow Botanical reserves the right to deny applicant admittance into this Affiliate Program, or to terminate affiliate from this Affiliate Program at any time for any reason. Radiant Glow Botanical, 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, 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.