Affiliate Programme Terms
SHE FLIES AFFILIATE PROGRAMME TERMS
OVERVIEW APRIL 2020
The purpose of the She Flies affiliate programme is to reward Affiliates for any new customers that they refer to She Flies. She Flies is a social enterprise with a mission to grow the global wave of women in Extreme Sports. This Affiliate program relates to the following items that can be purchased through the She Flies website www.she-flies.com;
She Flies Apparel
She Flies Trips (>4 days)
By submitting your affiliates application, you agree to abide by the terms and conditions detailed in this Agreement.
This Agreement contains the complete terms and conditions that apply to your participation as a member of the She Flies Affiliate Programme.
Your Acceptance of these terms and conditions will be indicated when submitting your affiliates application on www.she-flies.com/becomeanaffiliate.
SHE FLIES AFFILIATE PROGRAMME TERMS & CONDITIONS
“this Agreement” shall mean the contents of the contract between She Flies and the Affiliate in respect of the Programme.
‘the Site’ shall mean She Flies website.
‘the Programme’ shall mean the affiliate Programme as set out on the Site and that is governed by this Agreement.
‘the Link’ shall mean the HTML link provided from time to time by She Flies to link the Affiliate’s website to the Site.
‘the Affiliate’ shall mean the party who agrees to take part in the Programme.
2. The Programme
2.1) The Programme shall be the affiliate programme as set out on the Site from time to time.
2.2) She Flies is entitled to vary, amend or cancel the Programme without giving notice to the Affiliate. She Flies may make any such change by publishing any revised terms on the Site.
2.3) The Programme is expressly a business-to-business relationship and both She Flies and the Affiliate enter into it in a business capacity and not as a consumer.
2.4) The Programme does not entitle the Affiliate to represent themselves as an agent, partner or any other form of associate of She Flies other than as an Affiliate or a member as expressly provided for in this Agreement.
3. Suitability for the She Flies Affiliate Program
3.1) She Flies reserves the right to terminate this Agreement and the Affiliate’s status at any time for any reason whatsoever at its sole discretion.
3.2) The Affiliates application submitted does not automatically assume acceptance.
3.3) She Flies takes the representation in the form of affiliation very seriously and must ensure the Affiliate represents She Flies and it's corresponding mission and values correctly before confirming acceptance to the programme.
3.4) She Flies reserves the right to withdraw Affiliate status at anytime after you have been accepted onto the Programme for any reason that She Flies deems relevant.
4. Legitimate methods of advertising
4.1) In order to receive commission’s for referring customers to She Flies, the Affiliate must engage in proper advertising. Affiliates found to be engaging in improper advertising shall have their agreement terminated and their affiliate status revoked. She Flies shall be the sole and absolute arbiter of what constitutes proper advertising.
4.2) A non-exhaustive list of examples of improper advertising shall include but not be limited to:
4.2.1) the forwarding of any urls direct to She Flies (this includes misspells of the above trademark domain); and
4.2.2) forcing cookies through iframes;
4.2.3) advertising through third party networks; with the exception arising from Clause 4.3 below;
4.2.4) brand bidding (including misspells) for PPC advertising,
4.2.5) including your She Flies affiliate link within Unsolicited Commercial Email (UCE) or SPAM,
4.2.6) including any of She Flies url in search adverts.
4.3) Affiliates are permitted to promote She Flies through various social media communities, as a limited exception to Clause 4.2.3 above. However, Affiliates are not permitted to create groups or specific web pages in social communities whereby they purport or hold themselves out to be representatives of She Flies.
4.4) She Flies reserves the right to conclude that you have engaged in an improper method of advertising according to our standards, at our sole discretion. We may come to such a conclusion even if it is based upon our opinion or mere suspicion or belief and is without any duty on She Flies to prove that our opinion or suspicion is well-founded; and even if our opinion is proven not to be well-founded or if other hosting/domain name companies have not deemed it to be an improper method of advertising.
4.5) Any sales that have been generated through improper advertising will not qualify for commission or credit.
4.6) Any Affiliate found to be utilising these or any other improper methods of advertising may be required to pay back any such commission that has been paid by She Flies to them. If She Flies elects not to enforce this right it shall not be deemed to be a waiver of any other rights that it may have under this Agreement.
4.7) The Affiliate is able to copy any content, graphics, banners or text from www.she-flies.com to support the promotion of the scheme.
5. The Payment of Commission
5.1) Affiliates will only earn commission fees only when the customer states their name, or registered Affiliate name when confirming their purchase on the Site.
5.2) She Flies is under no obligation whatsoever to pay any commission to any Affiliate should a customer not state their registered Affiliate name when purchasing the item on the Site
5.5) She Flies will only make a payment to the Affiliate when the level of commission due at the end of a given calendar month is above the commission balance threshold.
5.6) the commission balance threshold for the purpose of this agreement is £25.
5.7) She Flies reserves the sole right to change the commission balance threshold at any time it sees fit without the prior the consent of its affiliates. In the event of a commission balance threshold change She Flies shall notify all its affiliates of the change before hand. If any modification to the commission balance threshold or the Agreement as a whole is not acceptable to an Affiliate, the Affiliate shall be entitled to terminate this Agreement. If an Affiliate terminates this Agreement for any reason whatsoever then it shall not be entitled to any commission payments earned after it has terminated this Agreement.
5.8) The Affiliate’s continuing participation in the Programme constitutes its acceptance of any change to the commission balance threshold or to any other part of this Agreement.
5.9) Affiliates that exceed the commission balance threshold will automatically be paid via PayPal. Affiliates that do not exceed the commission balance threshold can apply their balance as credit and use it for the purchase of a She Flies product, service or event.
5.10) Affiliates that do not reach the £25 commission balance threshold in one calendar year will not lose their accrued commission, instead this commission can be used as a credit. Their accrued credit for that particular calendar year will be carried over and applied to the next calendar year, this process shall continue until the client reaches the commission balance threshold when they will be entitled to receive a payment from She Flies.
5.11) Affiliates will only be paid Commissions for the first order made by their referral customer only. Commissions will not be not paid on orders made by existing She Flies customers. She Flies will not pay commission for products that an Affiliate purchases for itself through the Link. The She Flies system will simply not recognise this as an Affiliate sale. Web agencies or resellers purchasing domains or products through their account for other people are encouraged to contact She Flies directly for information on how they can become eligible for commission.
5.12) The rates of commission payable to the Affiliate from time to time shall be published on the Site as part of the She Flies Affiliates application form and this shall be included in this Agreement as Schedule 1 to it. Schedule 1 may be amended or varied by She Flies at any time without reference to the Affiliate. Any revised rates of commission payment shall take effect from the day that the amended Schedule 1 is published on the site.
6. She Flies’s Obligations
She Flies agrees to undertake the following obligations:
6.1) providing information to you regarding commission payments,
6.2) credit card authorisations, payment processing, cancellations, returns, and all other related customer service for She Flies for the purpose of our business, and
6.3) establishing the commission balance threshold, payment frequency and payouts of earned commissions as contained in Section 5 of this Agreement.
7. The Affiliate’s Obligations
The Affiliate agrees to be solely responsible for the following and shall keep She Flies fully indemnified in respect of:
7.1) the content of the Affiliate’s site or any site that they may be connected to,
7.2) any misrepresentation of She Flies or its products or services,
7.3) making of any false claims, representations or warranties in connection with She Flies,
7.4) if applicable, ensuring that your site and your products and services that you offer from your site comply with all applicable copyright, trademark, any intellectual property right, Data Protection, anti-spam or any other applicable law,
7.5) follow She Flies values and believes to make every woman comfortable and supported in her journey when speaking in association with She Flies
8. Terms of the agreement
8.1) The terms of this Agreement will begin upon your signup with the Programme and will end when your affiliate account is terminated.
8.2) Upon the termination of this Agreement any commission that has not yet reached the commission threshold shall be turned into credit which can only be used to purchase products or services from She Flies. Affiliates that have reached the £25 commission threshold will be paid via PayPal upon the termination of the Agreement subject always to the terms of this Agreement as shall be published from time to time.
9.1) She Flies reserves the right to modify or otherwise change the terms of this Agreement at any time as it sees fit. She Flies shall make such modifications by way of publishing revised terms on the Site. Affiliates only remedy in the event of revised terms of this Agreement being published shall be to terminate this Agreement. An Affiliate shall be deemed to have accepted of any modification to this Agreement as published from time to time.
10. Limitation of Liability
10.1) She Flies shall not be liable to the Affiliate or to any other person, for indirect, incidental, or special damages, lost profits, loss of goodwill, lost savings, or any other form of consequential damages, regardless of the form of action, even if She Flies has been advised of the possibility of such damages, whether resulting from breach of its obligations under this Agreement or otherwise.
10.2) She Flies’s entire liability in respect of any liability arising under this agreement will not exceed the total commission fees paid or payable to the Affiliate under this Agreement.
10.3) She Flies makes no warranties, either express or implied, concerning the performance or functionality of the She Flies services, or the Programme as a whole. This includes but is not limited to the Link or any other affiliate advertisements and hereby expressly disclaims all implied warranties, including warranties of merchantability or fitness for a particular use or purpose.
10.4) She Flies shall under no circumstances be liable to the Affiliate or to any other person or entity for any loss, injury, or damage, of whatever kind, resulting from or arising out of any mistakes, errors, omissions, delays, or interruptions in the receipt, transmission, or storage of any messages or information arising out of or in connection with the Programme or She Flies.
11. Governing Law
11.1) This Agreement is governed by, and is construed in accordance with the laws of England and Wales.
11.2) The Courts of England and Wales shall have jurisdiction to hear any disputes arising from this Agreement.
11.3) She Flies shall not be liable for the legality of She Fliesservice in countries other than the United Kingdom.
11.4) Affiliates are solely responsible for the legality of the use of the service if the Affiliate in question is registered to She Flies service from a country other than the United Kingdom or if the Affiliate’s website is on a server in a country other than the United Kingdom.
12.1) When submitting your application to become an affiliate, the Affiliate acknowledges that they have read the terms and conditions of this Agreement, understand them and agree to be bound by them.