The Ambassador/Endorsed Artist/Supported Artist and the Brand enter an agreement in accordance with the terms and conditions outlined below and agree as follows:
1.0 DEFINITIONS
‘Account’ means any account(s) relating to the Ambassador for the software used by the Brand to provide data including (but not limited to) links, codes, and commission.
‘Affiliate Links’ or ‘Affiliate Codes’ means a unique website URL or website code given to the Ambassador/Endorsee/Supported Artist via software by the Brand directing third parties to the Vocalzone website for the purposes of tracking third party purchases made as a direct result of clicking on that website URL(s) or code(s).
‘Brand‘ means Vocalzone, a brand owned by Kestrel Medical Limited, registered business at Kestrel House 7 Moor Road Broadstone Dorset BH18 8AZ, Registered company number 04122830.
‘Commencement Date’ means the date on which the Registration Form has been approved by the by email after the Ambassador/Endorsee has submitted the Registration Form.
‘Endorsee’ means the Vocalzone Endorsed or Supported artist registering for or partaking in the affiliate program.
2.0 GENERAL
The Ambassador/Endorsee will be invited, via email, to sign up a to our Affiliate portal if their application is successful. Here they will be able to view their sales and commissions.
We reserve the right to terminate this agreement at any time if the Terms and Conditions are broken or the program ends.
Affiliate marketing falls under the Advertising Standards Code of Conduct because affiliates are effectively acting as secondary advertisers for Vocalzone.
This applies to any posts or content that contain affiliate links, coupons, or are created in relation to the affiliate agreement i.e. the affiliate has a commercial interest in getting people to engage with it.
The key thing is that any marketing/advertising communications are obviously identifiable as such, and must not imply or falsely claim that the poster is acting as a consumer or for purposes outside of its trade, craft, business etc.
Likewise, ‘the commercial nature of the content should be made clear prior to consumer engagement’ so people know they are about to read/watch an ad before they dig into it.
In other words, make sure it’s obvious it’s an ad from the outset, and make sure it’s obvious that you stand to earn commission.
Suggested ways of doing this include:
- Include an identifier like “Ad” to the title of blogs or articles, thumbnails etc.
- On social platforms with limited space/character limits, a #Ad at the start of the post will probably work best.
- It is deemed good practice to mention that you stand to earn a small share of sales through the inclusion of links and promo codes etc
Please also bear in mind that normal advertising rules apply, so posts etc. must not mislead materially or cause serious or widespread offence.
Full details can be found here: Online Affiliate Marketing – ASA | CAP
If in doubt, the best way to proceed is to liaise with us when you are looking to create affiliate content.
3.0 AFFILIATE LINKS
The Ambassador/Endorsee may place affiliate links on the social media site(s) that they gave on sign-up to the program only. Placement of an affiliate link on any other website, social media platform, email, or other platform or location requires prior written approval from the Brand.
4.0 COMMISSION
Commission will only be made for sales tracked through our program using the code or url given by us.
Commission will not be paid on purchases that have been returned and refunded.
The Brand will pay the Ambassador/Endorsee a commission up to 10% of the gross sale value, or money off future purchases; whichever they prefer.
The Brand may at any time and for whatever reason, decrease or increase the commission.
We reserve the right to change the commission rate, and any other terms at any time. We will notify the Ambassador/Endorsee via email of any changes in terms. Continued use of the Ambassador/Endorsee program after any such notification will constitute acceptance of these terms. If the Ambassador/Endorsee does not wish to accept the new terms, their only recourse is to end their Affiliate program.
We will determine the currency in which we pay the Commission, as well as the applicable conversion rate.
We will not pay more than one Commission payment or other similar referral fee on any given Customer Transaction (unless we choose to in our discretion).
You will only be eligible for commission payments on customer transactions that are generated by the Affiliate code or link that we make available to you.
Cookies are used as part of the Affiliate portal have a set duration. If a potential customer clears their cookies during this period, Vocalzone shall not be liable for any commissions that may have been owed to you.
We use Solid Affiliate software for managing our Affiliate sales. Like all software programs, this can at times have problems, bugs or glitches from time to time. The information reported from this software is our only source that determines whether sales are made through an Affiliate link or code, and nothing else. We are not responsible for any errors in the software system, financially or otherwise.
We are not liable to pay any commissions if no sales are registered in the system for whatever reason.
We reserve the right to refuse commission if any of the Terms and Conditions contained herein are broken.
You are responsible for paying any taxes and fees (including bank fees) applicable to the Commission.
5.0 PRODUCTS
The Brand reserves the right to change Product prices at any time without notice. Such changes in prices will affect the gross sales, and therefore the commission the Ambassador/Endorsee receives.
The Ambassador/Endorsee will cooperate with all reasonable changes that the Brand may implement with respect to the Affiliate Program and these Terms and Conditions.
6.0 TRADEMARKS
During the term of this Agreement, we may make our trademark available to you within the Affiliate software. In this event, you may only use our trademark if you follow the usage requirements outlined below.
You must:
- only use the images of our trademark that we make available to you, without altering them in any way.
- only use our trademarks in connection with the Ambassador Program and this Agreement.
- comply with our Trademark Usage Guidelines
- immediately discontinue use if requested to do so by the Brand.
You must not:
- use our trademark in a misleading or disparaging way
- use our trademark in a way that implies we endorse, sponsor, or approve of your services or products
- use our trademark in violation of applicable law or in connection with an obscene, indecent, or unlawful topic or material.
- Stretch, alter or modify Brand creatives in any way, or use to promote any other product other than Vocalzone.
All creatives, images, trademarks and content supplied is copywrite of Vocalzone.
7.0 NON-EXCLUSIVITY
This Agreement does not create an exclusive agreement between you and us. Both you and we will have the right to recommend similar products and services of third parties and to work with other parties in connection with the design, sale, installation, implementation and use of similar services and products of third parties.
8.0 INDEMNIFICATION
You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (Action) brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us to the extent that such Action is based upon or arises out of your participation in the Affiliate Program, your noncompliance with this Agreement, or your use of the Affiliate portal.
9. DISCLAIMERS
The Brand disclaims all representations and warranties of any kind, whether express, implied, or otherwise, with respect to the Products, including but not limited to fitness for a particular purpose, satisfactory quality, or non-infringement and any warranties arising out of any law, custom, or performance.
The Brand’s website, materials, special links, data and all other materials or information provided, or by or on behalf of the Brand in connection with an Ambassador/Endorsee, are provided ‘as is’.
10. DATA PROCESSING AND PROTECTION
Personal Data is processed and shared with third parties, such as through our affiliate software whilst using this Affiliate Program. For full details please read our section 24 of our website Terms and Conditions and our Privacy Policy.
11. RELATIONSHIP OF BOTH PARTIES
Both the Ambassador/Endorsee and the Brand agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement.
