Affiliate Partner Scheme - Terms and Conditions
The Affiliate Partner scheme is to reward customers and members of the scheme for referrals and for placing adverts on their emails, newsletters, social media and websites. By activiting the Affiliate scheme in the Billing portal you agree to abide by the terms below.
- this Agreement – shall mean the contents of the contract between MacAce Ltd and the Affiliate in respect of the scheme.
- MacAce – shall mean MacAce Limited of (Company No. 09485606), whose registered office is at Westcountry House, Victoria Square, Bodmin, Cornwall, UK. PL31 1EB.
- the Site – shall mean the MacAce website.
- the Scheme – shall mean the affiliate scheme 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 MacAce to link the Affiliateâ€™s website to the Site.
- the Affiliate – shall mean the party who agrees to take part in the Programme.
2. The Scheme
- 2.1 The Scheme shall be the affiliate programme as set out on the Site from time to time.
- 2.2 MacAce is entitled to vary, amend or cancel the Programme without giving notice to the Affiliate. MacAce 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 MacAce 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 MacAce other than as an Affiliate as expressly provided for in this Agreement.
3. Suitability for the MacAce Affiliate Partner scheme
- 3.1 MacAce reserves the right to terminate this Agreement and the Affiliate status at any time for any reason whatsoever at its sole discretion.
- 3.2 In particular if MacAce deems that the Affiliate website is inappropriate for the Programme then this Agreement shall be terminated. The Affiliate website may be deemed inappropriate if in the view of MacAce it contains, promotes or contains links to sites that are:
- discriminatory, sexually explicit or violent material, or
- promote, depict or contain links to material that promote or depict discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age, or
- contains unlawful material, this shall include but not be limited to materials that may possibly violate anotherâ€™s intellectual property rights, or
- contains information regarding, promotes or links to a site that provides information or promotes illegal activity, or
- for any other reason that is deemed by MacAce (at its sole discretion) to be unsuitable.
- 3.3 Upon Clicking on the ‘start earning now button’ you are automatically accepted on the Programme. MacAce reserves the right to withdraw Affiliate status at anytime after you have been accepted onto the Programme for any reason that MacAce deems relevant. Acceptance into the Programme does not mean that MacAce has specifically approved the Affiliate or its website.
4. Legitimate methods of advertising
- 4.1 In order to receive commissionâ€™s for referring customers to MacAce, 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. MaCAce 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:
- the forwarding of any urls direct to macace.net (this includes misspells of the above trademark domain); and
- forcing cookies through iframes;
- advertising through third party networks; with the exception arising from Clause 4.3 below;
- brand bidding (including misspells) for PPC advertising,
- including your MacAce affiliate link within Unsolicited Commercial Email (UCE) or SPAM,
- including any of MacAce url in search adverts.
- 4.3 Affiliates are permitted to promote MacAce 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 MacAce.
- 4.4 MacAce 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 MacAce 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 Affiliate found to be adopting improper methods of advertising for the purpose of the Programme shall be deemed to have been in breach of this Agreement and shall have their Affiliate status revoked. Such an Affiliate will therefore immediately cease in being an Affiliate of MacAce
- 4.6 Any sales that have been generated through improper advertising will not qualify for commission or credit from MacAce.
- 4.7 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 MacAce to them. If MacAce 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.
5. The Procedure
- 5.1 Subject to the terms of this Section, we will provide to you all Links, and any related banners, graphics, or text advertisements necessary to promote and offer the MacAce Services to your siteâ€™s visitors and/or its members. The MacAce link may contain any picture, text, logo, graphic, that maybe be attributed with MacAce.
- 5.2 MacAce reserves the right to change the content and or display of the Link from time to time in our sole discretion. The link will connect your site with the area on our site (the landing page) where your referral may apply for MacAce products directly with us. The presence of the MacAce link on your site will serve to identify you as a member of our Affiliate Programme.
6. The Payment of Commission
- 6.1 Once a customer has arrived at our website having followed the Link, their actions on our website will be tracked for 30 days using a cookie. You will earn commission on any order that is placed during the 30 day period. MacAce will not be responsible for commissions missed due to the cookie being deleted or blocked or in any other way failing to track the customer from the Link.
- 6.2 Affiliates will only earn commission fees only with respect to activity on our site occurring directly through the Link that will appear on their website.
- 6.3 MacAce is under no obligation whatsoever to pay any commission to any Affiliate who does not strictly follow this Agreement as published from time to time.
- 6.4 MacAce reserves the right to take legal action against any Affiliate that commits fraud, or conspiracy to defraud and to recover any commissions paid to an Affiliate which was earned as a result of such fraud. For the purposes of this agreement fraud shall include but not be limited to wittingly violating the terms of this Agreement.
- 6.5 MacAce will only make a payment to the Affiliate when the level of commission due is above the commission balance threshold of £30.
- 6.6 the commission balance threshold for the purpose of this agreement is £30.
- 6.7 Affiliates that do not reach the Â£25 commission balance threshold not lose their accrued commission, instead this commission can be used as a credit upon request and 90 days after affiliate activity has ceased.
- 6.8 MacAce will only pay out commissions on sales that are 60 days old.
- 6.9 Affiliates will only be paid Commissions for the initial invoice value of a qualifying product by their referral customer only. So if a customer selects a monthly billing cycle the affiliate shall receive a commission on the first month’s payment only. Likewise if a customer selects a yearly billing cycle, the affiliate will be paid a commission on the full invoice value of the qualifying product.
- 6.10 Additional products and services purchased that are not part of the scheme, including setup and admin fees, are not included in the commission payments.
- 6.11 The rates of commission payable to the Affiliate from time to time shall be published on the Site and this shall be included in this Agreement as Schedule 1 to it. Schedule 1 may be amended or varied by MacAce 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.
- 6.12 Credit amounts that are unclaimed after 1 year are automatically deleted and cannot be reversed. It is the affiliates responsibility to request withdrawal of funds (by means of email or using the “withdraw” button in the MacAce Billing portal
7. MacAce’s Obligations
MacAce agrees to undertake the following obligations:
- 7.1 provide all information necessary to allow the Affiliate to make necessary the Link from the macace.net to the Affiliate’s site,
- 7.2 processing all orders for MacAce products or services placed by a referral following the Link,
- 7.3 tracking the number and amount of relevant sales generated through the Link,
- 7.4 providing information to you regarding commission payments,
- 7.5 credit card authorisations, payment processing, cancellations, returns, and all other related customer service for MacAce for the purpose of our business, and
- 7.6 establishing the commission balance threshold, payment frequency and payouts of earned commissions as contained in Section 6 of this Agreement.
7. The Affiliate’s Obligations
The Affiliate agrees to be solely responsible for the following and shall keep MacAce fully indemnified in respect of:
- 8.1 the content of the Affiliateâ€™s site or any site that they may be connected to,
- 8.2 any misrepresentation of MacAce or its products or services,
- 8.3 making of any false claims, representations or warranties in connection with MacAce,
- 8.3 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,
- 8.4 obtaining permission to use another partyâ€™s copyrighted or any other proprietary material,
- 8.5 the development, operation and maintenance of the Affiliateâ€™s site and for all materials that appear on it. For the purposes of this Agreement this shall include but not be limited to, the technical operation of your site and all related equipment; the accuracy and propriety of materials posted on your site; and ensuring that materials posted on your Site do not violate or infringe upon the rights of any third party and are not libellous or otherwise unlawful or illegal. MacAce hereby disclaim all liability for all such matters,
- 8.6 Affiliates also agree to indemnify and hold harmless MacAce, its parent company, sister companies, subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, expenses, and costs insofar as such arise out of or are based on, or in any way connected with this Agreement.
- 8.7 complying with all applicable UK and local laws (based on the affiliates registered address with us)
- 8.8 the payment of all tax and national insurance payable on any payments made to you by MacAce.
9. Right to Name as a Reference Customer
- 9.1 Affiliates shall not create, publish, distribute, or permit any written or graphical material that makes reference to MacAce other than those mentioned in this Agreement or otherwise provided by MacAce, without the prior written consent of MacAce.MacAce reserves the right to refuse any request for consent under this Agreement.
10. The License
- 10.1 MacAce grants to the Affiliate a non-exclusive, non-transferable, revocable right to access the macace.net site through the Link solely in accordance with the terms of this Agreement. This license shall be used solely in connection with the Link, and it will extend to the use of our logos, trade names, trademarks and similar identifying material relating to MacAce and which MacAce shall provide to the Affiliate, for the sole purpose of establishing the Link to macace.net so customers can purchase MacAce products and services.
- 10.2 Affiliates cannot modify or change the Link or any other materials provided by MacAce in any way.
- 10.3 Other than establishing the Link, the Affiliate shall not make any use of any of the licensed materials noted in the aforementioned paragraph provided by MacAce without first obtaining the prior written consent of MacAce. Affiliates shall not use the Licensed Materials in any manner that is inappropriate or that is in any way detrimental to the MacAce brand or any other brands.
- 10.4 MacAce reserves all of its rights in the materials provided and all of its other proprietary rights. MacAce shall be entitled to revoke this license to use the Link or the materials at any time and at its sole discretion.
- 10.5 The licenses described in this Section shall expire upon the termination of this Agreement.
- 10.6 Any inappropriate use of the Link, text, banners or other advertisements not expressly approved of in writing or provided by MacAce may be cause for immediate termination of this Agreement.
11. Terms of the agreement
- 11.1 The terms of this Agreement will begin upon your signup with the Programme and will end when your affiliate account is terminated.
- 11.2 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 MacAce. Affiliates that have reached the Â£30 commission threshold will be paid by the available method of choice upon the termination of the Agreement subject always to the terms of this Agreement as shall be published from time to time.
- 12.1 MacAce reserves the right to modify or otherwise change the terms of this Agreement at any time as it sees fit. MacAce 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.
13. Limitation of Liability
- 13.1 MacAce 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 MacAce has been advised of the possibility of such damages, whether resulting from breach of its obligations under this Agreement or otherwise.
- 13.2 MacAce’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.
- 13.3 MacAce makes no warranties, either express or implied, concerning the performance or functionality of the MacAce 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.
- 13.4 MacAce 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 MacAce.
14. Governing Law
- 14.1 This Agreement is governed by, and is construed in accordance with the laws of England and Wales.
- 14.2 The Courts of England and Wales shall have jurisdiction to hear any disputes arising from this Agreement.
- 14.3 MacAce shall not be liable for the legality of MacAce service in countries other than the United Kingdom.
- 14.4 Affiliates are solely responsible for the legality of the use of the service if the Affiliate in question is registered to MacAce 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.
- 15.1 By clicking on the â€˜Become and Affiliateâ€™ link in the MacAce Billing Portal the Affiliate acknowledges that they have read the terms and conditions of this Agreement, understand them and agree to be bound by them.