Affiliate Terms and Conditions
Terms & Conditions - Affiliate Program
By signing up to be an affiliate in the Conscious Way Affiliate Program (the “Program”) 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 The Conscious Way Limited. a company registered in England and Wales under company number 08960980 and having its business address at PO Box 70, Chipping Campden, GL55 9AW (“The Conscious Way Limited”, “we”, “us”) and You (the “Affiliate”, “you”).
We reserve the right to update and change the Terms from time to time with 14 days notice. Any amendments, modifications, enhancements or changes to the Program including the release of new features and resources made available by us from time to time shall be subject to these Terms. Continued use of the Program after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms at any time through your affiliate portal under the resources link.
Any violation of these Terms may result in, 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 legal full name, a valid email address, and any other information requested in order to complete the sign-up process for an Affiliate account (“account”)
You must be 18 years of age or older to join this Program.
Each account is for use by either a single legal entity (e.g. a company or a partnership) or an individual user. We do not permit you to share your username and password with any other person nor with multiple users on a network. Responsibility for the security of any usernames and passwords issued (including those of any Invitees) rests with you.
You may not use the Program for any illegal or unauthorized purpose. You must not, in the use of the Program, violate any laws in your jurisdiction (including but not limited to copyright laws).
Referral Links & Promotion
Once you have signed up for the Program you will be provided with a URL link that must be used to identify you when placing a link from your site, email or other communications to the Conscious Way website. It is your responsibility to ensure each such link is correctly formatted.
We may also provide graphical images that can be used within the links to promote [Any Conscious Way product]. You may not modify these images in any way. We reserve the right to change the images at any time without notice.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site.
You may not use our name or graphics in any bulk email whatsoever unless we have given our advanced written consent. We may terminate the Agreement if any meaningful spam complaints naming us or our services result from your marketing activities.
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our Services, say you are part of The Conscious Way or express or imply any relationship between us and you or any other person or entity, except as expressly permitted by this Agreement.
Affiliates will be eligible to earn a referral fee of 10% of the value of their referral/own sales. To achieve this your customer must use your unique code via your own link, email, or other communications to The Conscious Way website, subject always to the terms of sale.
We will calculate the referral fees automatically as reported by our systems. For our systems to track the referral, the visitor must have cookies enabled.
The referral fee will be credited to your Affiliate account once the customer has paid in full for their purchase.
Referral Fees are paid via bank transfer or any other method that is available, such as Paypal, once per month during the first week following the month of referral(s), subject to a minimum balance of £10. Any balance less than this will be carried forward and paid in the month that the balance exceeds £10. Payments will be made directly to a valid bank account to receive referral fees, as we do not offer payment via cheque/check, credit card, cash or other method.
Customer payments refunded or payments charged-back due to credit card fraud do not qualify for referral fees. We may delay crediting of referral fees subject to risk analysis considerations and Anti-Money Laundering procedures.
We reserve the right to disqualify referral fees earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
All fees are exclusive of all taxes, charges, levies, assessments and other fees of any kind imposed on your involvement in this Agreement and shall be the responsibility of, and payable by you.
We reserve the right to check transactions and every payment will be verified based on real transactions.
Every customer who buys through this program is deemed to be a customer of The Conscious Way Limited. Accordingly, all 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. The Conscious Way Limited 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 Program in accordance with our own pricing policies. Because price changes may affect products that you have listed on your site, you should not display product prices on your site but refer to The Conscious Way website. We will use commercially reasonable efforts to present accurate information, for our products and services.
Copyrighted and Trademarked material
You are solely responsible for ensuring that your reviews, product descriptions and articles (if applicable at your site) obey all applicable copyright, trademark, and other laws. The Conscious Way Limited will not be responsible if you use another party's copyrighted or trademarked material in violation of the law.
Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program 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 14 Days’ notice of termination. Notice will be sent to the e-mail address you provide in your application and will only be amended by receipt of any notification of change, this is considered sufficient notice to terminate this Agreement. The Conscious Way Limited reserves the right to end the Program at any time. Upon Program termination, The Conscious Way Limited will pay any legitimate outstanding earnings.
The Conscious Way Limited, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other The Conscious Way Limited service, for any 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. The Conscious Way Limited reserves the right to refuse service to anyone for any reason at any time. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to The Conscious Way Limited website and all our images and other materials provided under the Program.
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 site or otherwise, that reasonably would contradict anything in this Agreement.
Limitations of Liability
The Company and any of the Company's officers, directors, employees, shareholders or agents of any of them, 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 the supply and services provided.
The Company shall not be liable to affiliates or any of their respective directors, officers, employees, agents, or content or service providers be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from or in any way related to the use of, or the inability to use, or the performance of the website or the content and materials or functionality on or accessed through the website, including, without limitation, loss of revenue, or anticipated profits, or lost business, data or sales or any other type of damage, tangible or intangible in nature, even if The Company or its representative or such individual has been advised of the possibility of such damages.
Nothing contained in this Agreement or in any written or oral communications from The Company or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of The Company and sole remedy available to you in any case in any way arising out of or relating to this Agreement or the Products shall be limited to monetary damages that in the aggregate may not exceed the total Commissions paid to the Affiliate under this Agreement.
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 (As Amended); 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 Program 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 The Conscious Way Limited at, PO Box 70, Chipping Campden, GL55 9AW. 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 represents the entire agreement between us in relation to the use of the Program and supersedes 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.