Register as an Affiliate of Aithne – Art on Scarf Products
Would you like to become an affiliate and spread the word about our beautiful products? Please feel the form below, read and accept the terms and conditions of the Affiliate Programme, and we’ll come back to you with all the information. If you are already an affiliate, please Login.
These terms and conditions govern the Affiliate Programme launched by A&L Art Limited trading under the name of Aithne - Art on Scarf ("Principal") with the aim of raising brand awareness and promoting its products. By signing up to be an Affiliate ("Affiliate") in the Aithne - Art on Scarf Affiliate Program ("Program") you are agreeing to be bound by the following terms and conditions ("Agreement").
"Confidential Information" means any and all information disclosed (whether directly or indirectly or orally or by any other means and whether marked confidential or not) by the Principal to the Affiliate either before, on or after the execution of this Agreement which at the time of disclosure is not already part of the public domain and which relates to any business, concept, invention or idea or the execution thereof or to any related manner, including, but not limited to, the following classes of information:
a) Financial information, accounts or records
b) Commercial and marketing information, plans or strategies or market research data
c) Electronic or technical information, data, designs or specifications
d) Information concerning internal procedures and processes
e) Know-how and industrial or trade secrets
f) Projections or forecasts
“End User” shall mean any person who makes use of a web browser to access and view web pages.
“Link” (and all derivatives) shall mean a hyperlink, in whatever form including banners or other graphics, which can be clicked on by an End User to direct that End User to the Principal’s Website http://aithne.co.uk (“the Website”).
No term of this agreement or course of dealings between the Parties will operate to make the Affiliate an employee or agent of the Principal.The Affiliate and the Principal are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. The Affiliate will have no authority to make or accept any offers or representations on the Principal's behalf. The Affiliate will not make any statement, whether on his/her site or otherwise, that reasonably would contradict anything in this Section.
The Affiliate must be 18 years or older to be part of this Program.
The Affiliate must be a human. Accounts registered by "bots" or other automated methods are not permitted.
The Affiliate must provide his/her legal full name, a valid email address, and any other information requested in order to complete the signup process.
The login may only be used by one person - a single login shared by multiple people is not permitted.
The Affiliate is responsible for maintaining the security of his/her account and password. The Principal cannot and will not be liable for any loss or damage from the Affiliate's failure to comply with this security obligation.
The Affiliate is responsible for all Content posted and activity that occurs under his/her account.
One person or legal entity may not maintain more than one account.
The Affiliate may not use the Affiliate Program for any illegal or unauthorized purpose.The Affiliate must not, in the use of the Service, violate any laws in his/her jurisdiction (including but not limited to copyright laws).
The Affiliate may not use the Affiliate Program to earn money on his/her own Aithne - Art on Scarf product accounts.
Links & Referral of End Users
Once The Affiliate has signed up for the Affiliate Program, he/she will be assigned a unique Affiliate Code. The Affiliate agrees to promote the Website and Aithne - Art on Scarf products by publishing the Link with his/her Affiliate Code on one or more of the following mediums:
Displaying the Link on the Affiliate’s website registered during the application process
Sending the Link to an End User by embedding it in an email message
Sending the Link to an End User by embedding it in an electronic document
The Principal will provide the Affiliate with the code necessary to create a Link, guidelines, link styles, and graphical artwork to use in linking to the Website, and to track visitors who arrive at the Website via the Link. The Principal grants the Affiliate an unlimited license to use the Link during the term of this Agreement and in accordance with its provisions.
The Principal may change the design of the artwork at any time without notice, but won't change the dimensions of the images without proper notice.
The Principal may from time to time change the way in which visitors to the Website are tracked and may change the manner in which the Affiliate Links to the Website and he will notify the Affiliate of this.
The Principal reserves the right to direct the Affiliate as to how the Link may and may not be used. Specifically (but not exhaustively), the Link may not be published in any of the following ways:
On any website which contains pornographic, indecent, racist or illegal content.
In any email message which could be considered spam. This means any email which is sent to an email address without the Affiliate having permission from the owner of the email address to use that address for marketing purposes.
In newsgroups, chatrooms, message boards or guestbooks.
In any way which is misleading to the End User or doesn't disclose the nature of Agreement between the Principal and the Affiliate.
To permit accurate tracking, reporting, and referral fee accrual, The Principal will provide the Affiliate with special link formats to be used in all links between the Affiliate's site and the Website. The Affiliate must ensure that each of the links properly utilizes such special link formats. Links to the Websiteplaced on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links." The Affiliate will earn referral fees only with respect to sales on a Aithne - Art on Scarf product occurring directly through the links utilizing such special link formats. The Principal will not be liable to the Affiliate with respect to any failure by the Affiliate or someone the Affiliate refers to use the correct link format or incorrectly type the personal Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to the Affiliate pursuant to this Agreement. Affiliate links should point to the page of the product being promoted.
The Commission & Payments
“Sale Commission” means the commission which the Affiliate will receive for each End User who follows a Link and is directed to the Website, resulting in a sale of the Principal’s product. The Sale may take place on the End User’s first visit to the Website or on any subsequent visit provided that it is within 30 days. If a sale occurs more than 30 days after an End User last accessed the Website via the Link then no Sale Commission shall be payable to the Affiliate.
No Sale Commission shall be payable in respect of a transaction until the Principal has first received payment from the End User and this payment has cleared.
The End User has the right to return the purchased goods within 14 days of delivery of the product. The products must be returned in the original condition. No Sale Commission shall be payable in respect of a transaction if the return of the product is accepted by the Principal.
The Affiliate will be entitled to 15% sale commission which will be paid 14 days (the return right period) after the delivery of the product to the End User. Delivery and dispatch timelines may differ from product to product. Please refer to Shop Policy for more details.
The Principal will only pay commissions on links that are automatically tracked and reported by the systems. The Principal will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by the Principal's system. The Principal can only pay commissions on business generated through properly formatted special links that were automatically tracked by the Principal's systems.
The Principal the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
End User definition
The End users who buy products through this Program will be deemed to be the Principal's customers. Accordingly, all of the rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. The Principal may change the policies and operating procedures at any time. For example, the Principal will determine the prices to be charged for products sold under this Program in accordance with their own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that the Affiliate has listed on his/her site, the Affiliate should not display product prices on his/her site, email or other medium of communication. The Principal will use commercially reasonable efforts to present accurate information, but cannot guarantee the availability or price of any particular product.
The Affiliate's Responsibilities
The Affiliate will be solely responsible for the development, operation, and maintenance of his/her site and for all materials that appear on his/her site. For example, the Affiliate will be solely responsible for:
The technical operation of his/her site and all related equipment
Ensuring the display of the Links on his/her site does not violate any agreement between the Affiliate and any third party (including without limitation any restrictions or requirements placed on the Affiliate by a third party that hosts the Affiliate's site)
The accuracy, truth, and appropriateness of materials posted on the Affiliate's site (including, among other things, all Product-related materials and any information the Affiliate includes within or associate with the Links)
Ensuring that materials posted on the Affiliate's 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 the Affiliate's site are not libelous or otherwise illegal
Affiliate’s Data Protection Obligations
The Affiliate undertakes and covenants that at all times he will comply with the requirements of the Data Protection Act 1998 in respect of recording End User’s details or obtaining or making use of email addresses.
Mutual Confidentiality Obligation
The Affiliate and the Principal each undertake and covenant that at no time, whether during the term of this agreement or thereafter, shall he disclose or permit to be disclosed to a third person any Confidential Information which he receives from the other Party to this Agreement save as that Party may expressly authorise in writing or as he is compelled by any court or administrative body of competent jurisdiction. Where either the Affiliate or the Principal provides services to the other Party to this Agreement through a delegate such as an employee or subcontractor, he will ensure that the said delegate signs a comparable confidentiality undertaking.
This agreement may be terminated by either Party by providing a written notice in form of a letter or an email receipt of which has to be acknowledged by the other Party.
Without prejudice to the above, this Agreement may be terminated immediately where any of the following circumstances arise:
Either Party commits a serious breach or persistent breaches of this agreement including but not limited to the non-performance, neglect or default of any of his duties as outlined herein (including a failure on the part of the Principal to make payment within agreed timescales) and after notice of this breach has been given to the defaulting Party it remains un-remedied and un-rectified 30 days after such notice.
Either Party becomes insolvent or enters into a CVA or IVA or becomes insolvent.
Either Party ceases to trade.
Upon termination of this Agreement, the Affiliate shall be entitled to payment of all commission accrued up until the point of termination. Further, notwithstanding any of the content of this section, termination of this Agreement shall not prejudice the right of the Affiliate to receive Sale Commission in respect of End Users who were referred to the Website prior to termination, but where a sale results after termination but within 30 days of referral.
Upon the termination of this Agreement for any reason, the Affiliate will immediately cease use of, and remove from his/her site, all links to the Website, and all other materials provided by or on behalf of the Principal in connection with the Program.
This Agreement may be varied by the mutual consent of the parties, but no variation shall be binding unless set out in writing and confirmed by both Parties.
Disclaimers and Exclusions
The Principal shall not be responsible in any circumstances to the Affiliate or any third party for any damage or loss sustained (including any loss of profit or indirect or consequential economic damage or loss), which is as a result of negligence, misrepresentation, breach of contract or otherwise.
The Affiliate shall indemnify the Principal against any loss or damage which results from the Affiliate’s breach of this agreement or failure to abide by any of its terms.
Neither Party shall be liable for any delay or failure in performing its obligations or duties under this agreement which results from circumstances outside his reasonable control including but not limited to acts of God, industrial action, war, fire, threat of terrorism, civil disturbance or rioting, government or regulatory action, breakdown in plant or machinery, or shortage of raw materials or supplies.
Warrantee of Contractual Capacity
Both Parties and the signatories to this agreement warrant that they are authorised and permitted to enter into this agreement, and have obtained all necessary permissions and approvals.
Whole Agreement, Governing Law, Severability and Miscellaneous
This document constitutes the entirety of the Agreement between the Parties. It supersedes any prior representations which may have been made, whether orally or in writing. Any modification to this agreement must be made in writing and signed by both Parties.
This Agreement shall be governed by the Law of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.
All clauses, sub-clauses and parts thereof shall be severable and shall be read and construed independently. Should any part of this Agreement be found invalid this will not affect the validity or enforceability of any other provision or of this Agreement as a whole.
All terms, conditions and covenants contained in this Agreement shall bind the parties and their heirs, legal representatives, successors to title and permitted assignees.
Nothing in these terms and conditions shall incur any rights on a third party and no third party may enforce any provision of this contract under the Contracts (rights of Third Parties) Act 1999.
Neither Party shall assign or transfer any of their rights, liabilities or obligations arising under this agreement without the prior written consent of the other Party.