Terms & Conditions – Lanocare Affiliate Scheme
By signing up to be an affiliate in the Lanocare Affiliate Scheme (the “Scheme”) you agree to be bound by the following terms and conditions (the “Terms”). Please ensure that you read them carefully before signing up. These Terms are a legal agreement between Lanocare (“Lanocare”, “we”, “us”) and You (the “Affiliate”, “you”).
We reserve the right to update and change the Terms from time to time without notice. Any amendments, modifications, enhancements or changes to the Scheme including the release of new products and resources made available by us from time to time shall be subject to these Terms. Continued use of the Scheme after any such changes shall constitute your consent to these changes. You can review the most current version of the Terms at any time at: https://lanocare.co.uk/terms-conditions/ Any violation of these Terms may result in, among other things, termination or suspension of your rights to be an Affiliate and forfeiture of any outstanding affiliate referral fee payments earned during the violation.
Account Registration & Terms
You must provide your full legal name, a valid email address, and any other information we request to complete the sign up process for an Affiliate account (“account”).
You must be 18 years of age or older to join this Scheme.
Each account is for use by either a single company, partnership or individual user. You must not share your user name and/or password with anyone for any reason, but can request additional login accounts from Lanocare. Responsibility for the security of any user names and passwords issued (including those of any invitees) rests with you. Adding a PayPal email will speed up the payment of your commission.
You may not use the Scheme for any illegal or unauthorized purpose. You must not, in the use of the Scheme, violate any laws in your jurisdiction (including but not limited to copyright laws).
Referral Links & Promotion
Once you have signed up for the Scheme, you will be provided with a URL link that must be used to identify you when placing a link from your website, email marketing or other communications methods to the Lanocare website. Please ensure this link is correctly formatted.
We may provide graphics, photos or other images that can be used within the links to promote Lanocare. You may not modify these images in any way. We reserve the right to ask you to change or withdraw the images at any time without notice.
You will be solely responsible for the development, operation, and maintenance of your website and for all materials that appear on it at your own cost.
You may not:
- use our name or graphics in any bulk email (eg MailChimp) without our written consent in advance. We may terminate the Agreement if any meaningful spam complaints naming us or our services result from your marketing activities
- misrepresent or embellish the relationship between us and you
- say you develop our Products
- say you are part of Lanocare or imply any relationship between us and you, except as expressly permitted by this Agreement
As an internet-based company, online promotion is important to us. Our affiliates are expected to produce 1-2 social media YouTube videos/social posts per month featuring Lanocare, using language that is universally acceptable to people of all ages and backgrounds.
This Agreement stipulates that all activity will be truthful about Lanocare products, even if you have issues or suggestions of improvements we can make. This feedback is beneficial and important to us for our product development and reputation/credibility. We are happy to receive feedback prior to publication to allow affliates to provide an update within their posts/videos with our response along the lines of “we’ve contacted Lanocare about this and they have said…”.
Affiliates are expected to tag Lanocare in the posts and show/mention Lanocare in the videos. You must also declare your affiliate status according to the laws of each jurisdiction in which you and we operate.
Any questions and comments received on the posts/videos must receive a reply within 48 hours, so please schedule your posts according to your ability to monitor engagement with them. Should questions arise that affiliates are not able to answer, they should be forwarded immediately to firstname.lastname@example.org. We will reply as soon as we can, usually within 24 hours (excluding weekends and bank holidays). Please do not provide an answer that you are not confident is accurate as this may undermine our brand reputation.
Affiliates are expected to ensure that any offensive/obviously untrue/defamatory comments made about other users or Lanocare are deleted immediately from all channels so as not to cause distress to other users.
For the sale of our products to be eligible to earn a referral fee, the customer must click-through a link from your site, email, or other communications to the Lanocare website.
We will only pay referral fees on links that are automatically tracked and reported by our systems. For our systems to track the referral, the visitor must have cookies enabled. We will not pay referral fees if someone says they signed up through you but it was not tracked by our system.
The referral fee is 10% of our revenue (excluding VAT and other charges) from customers that you refer, rising to 20% when certain thresholds are met. Affiliates are advised of this point when they join. The referral fee will be credited to your Affiliate account once the customer has completed their transaction. Referral fees are only earned if a customer makes a payment in full.
Accrued referral fees are paid via bank transfer once per month and the process is much quicker if you supply a PayPal email address on registration. You will then raise an invoice to Lanocare for the accrued amount. You must have a valid bank account to receive referral fees by bank transfer; we do not pay by cheque, credit card or cash.
Refunded customer purchases or payments charged-back due to credit card fraud do not qualify for referral fees. We may delay crediting referral fees according to risk analysis considerations and Anti-Money Laundering procedures.
A summary of sign ups and statement of referral fees will be available to the Affiliate by logging into their Affiliate account.
The referral fee structure is subject to change at our discretion.
We reserve the right to disqualify referral fees earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
You are responsible for the payment of all taxes, charges and other fees imposed on you from revenue generated through this Agreement.
We reserve the right to check and change commissions on the basis of orders actually paid. Every payment will be based on verified transactions.
Every customer who buys a product through this scheme is deemed to be a customer of Lanocare. Accordingly, all of our rules, policies, and operating procedures concerning pricing, customer orders, customer service, and services sales will apply to those customers. We may change our policies and operating procedures at any time. Lanocare is not responsible for any representations made by the Affiliate that contradict our rules, policies or operating procedures.
Pricing & Availability
We will determine the prices to be charged for products sold under this Scheme in accordance with our own pricing policies, which may vary from time to time. Price changes may affect the products listed on your website, so you agree to only display these prices on your site if you can guarantee that you will keep them up to date. We cannot guarantee the availability or price of any particular product at any time.
Copyrighted and Trademarked material
You are solely responsible for ensuring that your reviews, product descriptions and blogs or articles mentioning Lanocare obey all applicable copyright, trademark, and other laws. Lanocare will not be responsible if you use another party’s copyrighted or trademarked material in violation of the law.
Term of the Agreement and Scheme
The term of this Agreement will begin upon our acceptance of your Scheme 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 notice of termination. Notice by e-mail, to your address on our records, is considered sufficient notice to terminate this Agreement. Lanocare reserves the right to end the Lanocare Affiliate Scheme at any time. On termination, Lanocare will pay any legitimate outstanding earnings.
Lanocare, in its sole discretion, has the right to suspend or terminate your account and refuse current or future use of the Scheme, or any other Lanocare products, for any misconduct reason at any time. Such termination will result in the deactivation or deletion of your Affiliate Account, and the forfeiture and relinquishment of all potential or accrued referral fees in your Account, if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. We reserve the right to refuse to supply to anyone for any reason at any time. Upon the termination of this Agreement for any reason, you agree to immediately cease use of our images and other materials provided under the Scheme, and to remove all links to the Lanocare website from your own.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your website or otherwise, that reasonably would contradict anything in this Agreement.
Limitations of Liability
Lanocare and any of the Company’s officers, directors, employees, shareholders or agents, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise in connection with this Scheme.
Nothing in this legal notice shall exclude or limit the Company’s liability for:
(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977; or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
If your use of material provided under this Scheme results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. The Company’s maximum aggregate liability under or in connection with these Terms, or any collateral contract, whether in contract, tort (including negligence) or otherwise (a “Claim”), shall be limited to a sum equal to the aggregate amount which we are obliged to pay you in the twelve (12) month period immediately prior to the period giving rise to such Claim.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration in England and Wales. Arbitration under this agreement shall be conducted under the rules then prevailing of the England and Wales Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
All notices given by you to us must be given to Lanocare via email@example.com. We may give notice to you at the e-mail address you provided to us when registering. Notice will be deemed received and properly served 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control (a “Force Majeure Event”).
A Force Majeure Event includes any act, event, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of public or private telecommunications networks;
(e) the acts, decrees, legislation, regulations or restrictions of any government.
Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.
If we fail, at any time to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled hereunder, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These Terms and any document expressly referred to in it represent the entire agreement between us in relation to the use of the Program and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into these Terms, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into these Terms except as expressly stated herein.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date we entered into these Terms (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms.
Governing law and jurisdiction
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English Courts.