[Made By Rove] Affiliate Programme Terms and Conditions

These terms and conditions explain how our affiliate programme works and the rules that apply to it including what each of our responsibilities are and how you are paid commission. 


Definitions
Affiliate means you, if you are accepted into the Affiliate Programme. We will also use “You” and “Your”to refer to You;

Affiliate Account means the unique account You set up when You register as an Affiliate;

Affiliate Link means the unique link and/or unique discount code provided by Us or Our third party entitling a user to a discount on the Affiliate Programme Product(s);

Affiliate Portal means the portal made available by Our third party provider detailing Qualifying Sales and Commissions paid and payable by Us to You;

Affiliate Programme Product(s) means the relevant website templates offered by Us included in the Affiliate Programme;

Affiliate Programme means the programme of promotion of Our brand and Affiliate Programme Product(s) by parties that register with us as Affiliates in exchange for Commission;

Confidential Information means all information in any form, directly or indirectly provided to or received by one Party from the other Party before or after Your participation in the Affiliate Programme including (i) information concerning the operations, financial affairs and business of either Party (including but not limited to ideas, marketing plans, business strategies, know how and products, specifications, designs, documents, software and other materials) and its customers (including personal data) but excludes information that is or becomes public knowledge other than by a breach of these Affiliate Programme Terms and Conditions, that is received from a third party that lawfully acquired or developed it and is not required to keep the information confidential, is developed independently without the other Party’s Confidential Information or was in the lawful and unrestricted possession of a Party before its disclosure by the other Party; 

Content means any text, audio file, image, video, or other information or material created by Us and provided to You pursuant to these Terms that You will use, publish, share or otherwise distribute on Your Social Media Site(s) in order to promote Our brand and Affiliate Programme Product(s) in accordance with the Affiliate Programme; 

End User Agreements means any agreements required to be entered by an Affiliate with Our third party provider(s) from time to time in order to access and use the Affiliate Portal, receive Commission or otherwise participate in the Affiliate Programme; 

Force Majeure means any event affecting a Party’s performance of its obligations under these Affiliate Programme Terms and Conditions arising directly from an act of God, war, fire, flood, earthquake or storm, acts of terrorism, explosion, civil commotion or industrial dispute affecting an industry or industries as a whole;

Intellectual Property Rights means (i) copyright, patents, internet domain name and website addresses and other similar rights, database rights and rights in trademarks, service marks, designs, trade secrets, business or trade names, know how and Confidential Information (whether registered or unregistered); (ii) applications for registration, and the right to apply for registration, for any of the foregoing rights; and (iii) all other intellectual property rights and equivalent or similar forms of protection;

Made By Rove means [Break The Loop LTD]. We will also use the words “We”, “Us” and “Our” to refer to Made By Rove; 

Party means either You or Us;

Privacy Policy means the privacy policy set out on our Website;

Qualifying Sale means the sale of Affiliate Programme Product(s) made via our Website using Your valid Affiliate Link in compliance with these Terms that was not referred by or purchased by an existing affiliate;

Sale Price means the total amount paid by a user for an Affiliate Programme Product(s), [excluding applicable value added taxes], using an Affiliate Link in accordance with these Terms;

Social Media Accounts means the social media accounts operated by You on social media channels including Facebook, Instagram, Pinterest, Twitter, as applicable, and including Your website. 

Terms mean these Affiliate Programme Terms and Conditions together with any applicable End User Agreements as amended from time to time. 

Website means Our website at http://www.madebyrove.com

How to apply for Our Affiliate Programme
If You’d like to apply for an Affiliate Account, You will need to create a free account here. By applying for an Affiliate Account, You agree that You have read and accepted these Terms. We will consider Your application in good faith but acceptance as an Affiliate in the Affiliate Programme is at Our sole discretion.  

Your Affiliate Account and Affiliate Links
If Your application to join the Affiliate Program is accepted, You will be given an Affiliate Link that will be registered to Your Affiliate Account which You can post on Your Social Media Accounts in order to generate Qualifying Sales in accordance with these Terms.  

We may change the Affiliate Link(s) at any time including restricting the time period in which an Affiliate Link is valid and if We do, We’ll tell You. You agree that You will only use the Affiliate Link(s) that are provided by Us.

You will be able to access information regarding Your Affiliate Account via the Affiliate Portal.

How to Earn Commission
When a user uses Your Affiliate Link and completes a Qualifying Sale as determined by Us, You will be eligible to receive a payment equivalent to [25%] of the Sale Price of the relevant Affiliate Programme Product(s) (“Commission”).

When We will pay Commission
Subject to You complying with these Terms, We will pay You via [PayPal].

We will make any Commission payments due to You every [14] days. For example, if we make a payment on 1 June, we will make the next payment on or about 15 June.   

[We will make any Commission payments due to You on the 1st and 3rd Friday of each month.]

You will need to have a PayPal account set up in order to receive Commission payments. You are responsible for ensuring that We have Your correct and current email address to enable Us to make Commission payments to You. If We don’t have Your correct information, We will not be able to make Commission payments to You and We will have no liability to You for our inability to make those Commission payments.  

All Commissions are paid [gross]. You are solely responsible for paying any applicable tax that may be payable on Commission paid to You.  

Your obligations as an Affiliate
In order to participate in the Affiliate Programme as an Affiliate, You agree that You will:

always positively promote the Affiliate Programme Product(s) and follow our reasonable instructions and/or any guidelines provided by Us in relation to the sharing of Content in relation to the Affiliate Programme Product(s);

tell us promptly about any enquiries that You might get about the Affiliate Programme Product(s);

familiarise Yourself with the characteristics, price and functionality of the relevant Affiliate Programme Product(s);

comply with all applicable laws and regulations, in particular Your obligations under the Data Protection Act 2018 (UK) and the General Data Protection Regulation (EU) 2016/679 as amended from time to time.

comply with any applicable social media advertising guidelines and standards in the promotion by You of the Affiliate Link and Affiliate Programme Product(s); 

comply with the terms and conditions of the relevant social media channels on which Your Social Media Accounts are hosted, as amended from time to time, and on which You promote the Affiliate Programme Product(s); and

be at least eighteen (18) years old to join the Affiliate Programme. In making an application to join our Affiliate Programme, you represent and warrant that You are at least 18 years old. 

Things You can’t do as an Affiliate
While You are an Affiliate in the Affiliate Programme, You agree that You won’t:

give your Affiliate Link to other affiliates to use;

offer users any other discounts or coupons in addition to the Affiliate Link;

attempt to purchase Affiliate Programme Product(s) using Your own Affiliate Link;

be an affiliate of a third party that provides substantially similar services to Us or who would reasonably be considered Our competitor;

make any statement or representation in any way about Us, the Affiliate Programme Product(s) and/or the Affiliate Program, including negative or untrue comments or statements, other than those statements and representations that are contained in the Content that We provide to You or as set out on our Website;

advertise or promote any Affiliate Programme Product(s) on any website or social media channel or in connection with any content other than as agreed and/or directed by Us pursuant to these Affiliate Programme Terms and Conditions;

register any domain name, email address or company name or create a website or social media account anywhere in the world that is identical or similar to Made By Rove or the name of the Affiliate Programme Product(s);

infringe any third party’s Intellectual Property Rights in the promotion of the Affiliate Link and/or Affiliate Programme Product(s);

disclose Our Confidential Information; or

modify, alter, adapt or otherwise change the Content or permit anyone else to use the Content.

Inactive Affiliate Accounts
If Your Affiliate Account has been inactive for an extended period of time but no less than [X] months, We will close Your Affiliate Account without notice to You. If, after Your Affiliate Account is closed, Your Affiliate Link is used by a user, You will not receive Commission in respect of that use. 

When You can terminate Your participation in the Affiliate Programme
You can end Your participation in the Affiliate Programme at any time by notifying Us in writing at hello@madebyrove.com. We will close Your Affiliate Account within [X] days of receiving that notice and any use of Your Affiliate Link after that date will mean that You will not receive a Commission in relation to that use. Any undisputed, outstanding Commission due to You will be paid in accordance with these Terms.

When We can terminate Your participation in the Affiliate Programme
Participation in the Affiliate Programme is at our sole discretion.  

We can terminate Your participation in the Affiliate Programme at any time and for any reason on no less than [30] days notice (“Termination Period”). At the end of the Termination Period, We will close Your Affiliate Account. You will return all Content to Us and any undisputed, outstanding Commission due to You will be paid in accordance with these Terms.

When either party can terminate
Either Party can terminate Your participation in the Affiliate Programme immediately by written notice to the other Party, if the other Party is in material breach of these Affiliate Programme Terms and Conditions or is unable to pay its debt or becomes insolvent, is the subject of any order made or a resolution passed for the administration, winding up or dissolution, has an administrative or other receiver, manager, trustee, liquidator, administrator or similar officer appointed over any of its assets, ceases to conduct business, enters into or proposes any composition or arrangement with its creditors generally or dies, is incapable of managing their own affairs or becomes bankrupt. Upon termination, any undisputed, outstanding Commission due to You will be paid in accordance with these Terms. 

Intellectual Property
All Intellectual Property Rights belonging to a Party, remain vested in that Party (“Existing IP”) and won’t be used by the other Party without the prior written consent of the party that owns the Existing IP. 

For the avoidance of doubt, all right, title and interest in the Intellectual Property Rights in the Content remain, at all times, vested in Us.
 
To the extent that You use Our Existing IP, including the Content, as part of the Affiliate Programme, We grant You a revocable, worldwide, limited, non exclusive, royalty free licence to use, publish, reproduce and display Our Existing IP for the duration of Your participation in the Affiliate Programme and only in accordance with these Affiliate Programme Terms and Conditions.

Liability
We make no representations or warranties to You in respect of the Affiliate Programme and Your potential to earn any Commission as an Affiliate or that Our Website will be error free or available at any time. 

Neither Party will be liable to the other Party for any indirect or consequential loss or damage whether arising from negligence, breach of contract or otherwise under these Affiliate Programme Terms and Conditions. 

Nothing in these Affiliate Programme Terms and Conditions will limit or exclude either Party’s liability for (i) death or personal injury caused by its negligence or that of its employees, agents or subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) any matter for which it would be illegal for a Party to exclude or limit its exclude or limits its liability.

Our total liability to You is limited to [100%] of all Commission payable by Us to You pursuant to these Affiliate Programme Terms and Conditions at the time the relevant claim arose (“Liability Cap”).

General
We can make any changes to these Affiliate Programme Terms and Conditions at any time. Any changes will appear as updates to these Affiliate Programme Terms and Conditions. 

We can assign, novate, transfer or otherwise dispose of these Affiliate Programme Terms and Conditions or any part of them without Your written consent. You won’t assign, novate, transfer or otherwise dispose of any of Your rights or obligations as an Affiliate to a third party. 

Nothing in these Affiliate Programme Terms and Conditions constitutes a partnership between the Parties nor will either Party be considered to be the agent of the other Party for any purpose.  

A person who is not a Party to these Affiliate Programme Terms and Conditions may not enforce any of its terms as a third party beneficiary, including, without limitation, under the Contracts (Rights of Third Parties) Acts 1999 or any such similar legislation. 

We’ll be relieved from liability under these Affiliate Programme Terms and Conditions to the extent that, because of a Force Majeure Event, We are not able to perform any of Our obligations under these Affiliate Programme Terms and Conditions. We will use reasonable endeavours to make alternative arrangements, that are reasonably acceptable to You, to resume performance of Our obligations under this Agreement as soon as reasonably practicable.  

These Affiliate Programme Terms and Conditions contains the whole agreement between the Parties relating to the Affiliate Programme and supersedes all previous agreements, arrangements or understandings between the Parties relating to the Affiliate Programme. 

The exercise of any rights by a Party under these Affiliate Programme Terms and Conditions is without prejudice to any rights rights or remedies available to a Party at law. Any delay or failure to exercise any right under these Affiliate Programme Terms and Conditions is not a waiver of that right. 

These Affiliate Programme Terms and Conditions are governed by English law and the parties submit to the exclusive jurisdiction of the English courts in respect of all disputes arising out of or in connection with them. 



MEET HAYLEY

From a thriving networking community to a digital design studio, I’ve built my share of brands—and every time, the tech was my nightmare—like, the shit horror movies are made of. I knew there had to be a way to get online and launch a business in a way that didn’t make you want to set fire to your office and claim the insurance. Enter, Made By Rove.

Brand Expert & Showit Designer

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