By becoming or applying to become an Affiliate in our Affiliate Program, you agree to these terms and conditions (the “Affiliate T&Cs”) which are entered into between you (referred to as “you” or “your”) and Nicola Walsh – Design and Digital (referred to as “This Mum Loves Tech”, “NW Design and Digital”, “we”, “our”, or “us”).
What is an Affiliate
An “Affiliate” is:
- a person or business
- who is registered with our Affiliate Program and is therefore approved by us to promote our products and/or services which we designate as part of the Affiliate Program (collectively, our “Eligible Offers”), and
- receives a portion of the money from any sales we make as a direct result of the affiliate’s promotions of Eligible Offers.
An Affiliate is an independent contractor who does not have the authority to make binding promises on our behalf. There is no partnership, agency, joint venture, or employer-employee relationship.
This Mum Loves Tech has a structured program which allows an individual or business to become an Affiliate (this is the “Affiliate Program”). We may change or discontinue any or all parts of the Affiliate Program, the Eligible Offers, or any related benefits/resources at any time without notice.
Applying to become an Affiliate
To become an Affiliate, you must first submit an application to us (the “Application”). To request the Application form, email us at info@thismumlovestech.co.uk.
You are required to answer all questions in the Application, and your answers must be accurate, truthful, and complete. Your completed form should be submitted by email to us at info@thismumlovestech.co.uk.
We will review your application and determine if you are a good fit for our Affiliate Program. This decision is at our discretion, and it is final. We do not need to justify the decision. You will be notified by email whether your application was approved or denied.
Registering as an Affiliate
You must register as an Affiliate in order to participate in our Affiliate Program.
We have an Affiliate tool that we make available to you when your Application is approved where you will complete your registration (the “Affiliate Tool”).
Promises you make as an Affiliate (aka warranties you make)
You make the following promises (aka warranties) to us:
- you have read this Affiliate T&Cs contract, you understand the terms, and you agree to be legally obligated to follow them;
- you are legally able to enter into this Affiliate T&Cs contract with us, and you will not be breaching any law or contract by doing so;
- you will not use your participation in our Affiliate Program, any content of our products/services, or any of our intellectual property to negatively impact our reputation or business opportunities (that includes competing with us);
- you will not knowingly and intentionally violate any law or regulation applicable to your business operations and/or customers’ rights (including but not limited to privacy, data protection, and SPAM-related laws in connection with email marketing);
- you will clearly inform your audience which links are affiliate links and make it clear that you receive financial compensation for purchases made through affiliate links;
- you will not use our business/brand name or any of our intellectual property except as specifically allowed under these Affiliate T&Cs;
- you will follow any instructions and/or guidelines we provide to you about how to market our Eligible Offers;
- you will only promote our Offers using marketing materials (including visuals, text, videos, music, etc.) that you have created yourself or have the necessary rights to use for commercial purposes;
- you will not make any claims, guarantees, representations, or warranties regarding our Offers except as authorized in these Affiliate T&Cs;
- you will not claim to be professionally associated with us or work for This Mum Loves Tech (remember: you are an independent contractor, not an employee, and you must not mislead anyone about your status);
- you will post and make publicly available a privacy policy that complies with applicable privacy/data protection laws around the world before collecting any personal information; and
- you will not violate the terms of these Affiliate T&Cs, make any attempt to commit fraud, or deceptively increase your earnings as an Affiliate.
What you can & can’t do when marketing our Offers
You may promote our Offers ONLY through organic marketing. You must NOT use any paid advertising to market our Offers.
Some of the acceptable places/methods of marketing our Offers are:
- On your own website
- On your own social media channels
- In newsletters to your own email list, or in automated email sequences to your subscribers/customers
- In your podcast or YouTube videos
- In your membership or course to your customers
- In a freebie/lead magnet associated with your own business
You may NOT promote our Offers:
- in any way that is connected to any illegal activity;
- on any illegal website;
- in any way that an average person would consider threatening, harmful, defamatory, obscene, sexually explicit, harassing, or promotes violence;
- in any way that is discriminatory or promotes discrimination;
- in any way that would harm our reputation or business opportunities;
- in any way that we object to or are likely to object to;
- in any way that doesn’t fully respect the legal rights of any person/business (including but not limited to intellectual property rights);
- using any paid advertising on any platform and/or through any advertising provider/service;
- on any website/app not directly owned by you (such as forums, marketplaces, online learning sites, memberships not owned by you, coupon sites, etc.);
- in any type of unsolicited direct communication (such as emails, DMs, etc.) and/or spam posts on any platform (such as in community groups, forums, boards, blogs, etc.); and/or
- without making it clear that you receive financial compensation as an Affiliate for any purchases made from your marketing of our Offers.
Earning Commission
You will earn a portion of our revenue made directly from your promotion of any Eligible Offers which are part of our Affiliate Program.
A list of Eligible Offers and the commission amount you are eligible to earn for each can be found in the Affiliate Tool. You will earn a commission for each purchase of an Eligible Offer which qualifies for commission and for which the refund window has expired, unless that purchase has been refunded to the customer for any reason (this is a “Successful Conversion”).
In order for a purchase to be a Successful Conversion, a customer must make the purchase using one of your affiliate links, which is a tracking link for a particular Offer that is unique to you as our Affiliate (an “Affiliate Link”).
You cannot earn commission on your own purchases. Creating a separate account or purchasing under a different email in order to earn commissions on your own purchases is fraud and a violation of these Affiliate T&Cs.
Affiliate Links disclaimer: You understand that if a customer chooses to make a purchase from us in a way that does not involve your Affiliate Link, bypasses the tracking system in place for Affiliate Links, or has certain privacy features enabled on their device which do not allow accurate tracking, you will not get credit for a purchase. While we acknowledge these limitations are not ideal, you will only be paid for sales attributed to you through the automatic tracking of a customer’s purchase attributed to your Affiliate Link.
How & when you will get paid your commission
To receive any payment under these Affiliate T&Cs, you must have completed your registration as an Affiliate in accordance with our registration process and have a valid and up-to-date PayPal account registered to your Affiliate account in the Affiliate Tool.
Payments for any earned commissions from Successful Conversions will be paid out to your registered payment account monthly around the 1st of the month (the “Payout”).
Where the expected Payout date is on a weekend, public holiday, or other non-working day where This Mum Loves Tech is located, the Payout will be sent on the next working day.
Taxes, refunds & right to chargeback
You are responsible for calculating and paying any taxes owed relating to the Payouts you receive.
We reserve the right to deduct funds from your next Payout or chargeback funds from your registered payment account if:
- a Successful Conversion results in a refund or chargeback to the customer,
- if we discover that any part of a Payout was not linked to a Successful Conversion, or
- we receive any tax-related (or other charges) on your behalf which we are not responsible for.
If the reason for the deduction/chargeback was due to your error, fraud, or negligence, we reserve the right to additionally deduct/chargeback any fees we incur.
License to use our intellectual property
You understand that we own the intellectual property rights (which may be registered, unregistered, or common law rights) to our business name, brand(s), logo(s), and product/service names, as well as all related content (in any format) we create/publish) (this is our “Intellectual Property”).
We grant you a revocable, non-exclusive, worldwide, royalty-free license to use our Intellectual Property only for the purpose of marketing our Eligible Offers in your role as an Affiliate. You must not use our Intellectual Property in any other way or for any other reason.
If your Affiliate status ends (whether by your choice or ours), this license immediately ends too, and you are required to immediately stop using any of our Intellectual Property.
When this contract starts
These Affiliate T&Cs are a legal contract between you and This Mum Loves Tech which will apply and be enforceable as soon as you submit your Application to become an Affiliate.
Ending this contract & our affiliation
We may end our contract with you and your status as an Affiliate at any time for any reason by notifying you. When we notify you that we are terminating, we will let you know the date of termination (which may be immediately).
You may end your contract with us and stop being an Affiliate at any time by notifying us in writing at info@thismumlovestech.co.uk.
When the contract between you and us ends, we will disable any tracking URLs, codes, links, cookies, pixels, or any other related mechanisms for which you may have used as part of the Affiliate Program.
When this contract is terminated, you are no longer an Affiliate, and you must immediately:
- stop representing yourself as an Affiliate of This Mum Loves Tech,
- stop using our Intellectual Property, and
- delete any copies of our Intellectual Property that you have (in any format) on all devices unless you have a legally valid reason to keep them.
You will still receive any Commissions that you have validly earned up to the time of termination. The process and timeframe for payment will be the same as before termination.
Publicity
As long as your Affiliate registration remains active, we may publicly share the fact that you are an Affiliate as well as your name, business name, logo, social media handle, and any other non-sensitive information you provide as part of your Affiliate registration. We may do this for the purpose of marketing our business and/or our Affiliate Program.
We will never publicly share any details about you in a way that will likely harm your business prospects or reputation.
If you do not want us to share information about you as an Affiliate, you can opt-out by emailing info@thismumlovestech.co.uk and letting us know what is ok to share and what is not.
Promises we make to you (aka warranties we make)
We make the following promises (aka warranties) to you:
- we are legally able to enter into this Affiliate T&Cs contract with you, and we intend to be bound by the terms; and
- we have the necessary intellectual property rights (and any other related rights) to provide the Eligible Offers without breaching the rights of any other person/business.
Financial compensation for wrongdoing (aka indemnities)
You agree to financially compensate us (aka indemnify us), defend us (in legal proceedings), and hold us harmless (as well as our officers, directors, employees, agents, and third parties) for any losses, costs, liabilities, and expenses (including reasonable legal & court fees) arising out of:
- your fraud or any deceptive behaviour in connection with being an Affiliate;
- your violation of these Affiliate T&Cs;
- your violation of any rights of a third party;
- your violation of any applicable laws, rules, or regulations; and/or
- any claims relating to promotional/marketing materials you distribute relating to our Offers.
We reserve the right, at our own cost, to take over the defence and control of any matter that you are obligated to indemnify, in which case, you will fully cooperate with us in the defence of the matter.
We agree to financially compensate you (aka indemnify you) and hold you harmless for any losses, costs, liabilities, and expenses (including reasonable legal & court fees) resulting from an allegation that any Offer violates a third party’s rights.
NO WARRANTIES
OUR AFFILIATE PROGRAM, THE AFFILIATE TOOL AND ELIGIBLE OFFERS ARE PROVIDED TO YOU “AS IS.”
TO THE FULLEST EXTENT ALLOWED BY THE LAW, WE MAKE NO PROMISES (AKA WARRANTIES) WHETHER EXPRESS, IMPLIED, OR STATUTORY. THIS INCLUDES BUT IS NOT LIMITED TO WARRANTIES ABOUT: BEING MARKETABLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
WE DO NOT PROMISE (AKA WARRANT) THAT THE MARKETING MATERIALS WILL MEET YOUR SPECIFIC REQUIREMENTS, THAT THEY WILL BE ERROR-FREE, OR THAT THEY WILL ALWAYS BE AVAILABLE.
YOU UNDERSTAND AND AGREE THAT THERE IS NO GUARANTEE THAT YOU WILL EARN ANY SPECIFIC AMOUNT IN COMMISSIONS (OR EARN ANYTHING AT ALL).
LIMITATION OF LIABILITY
YOU AGREE THAT THIS MUM LOVES TECH IS NOT LEGALLY OR FINANCIALLY RESPONSIBLE FOR ANY LOSS YOU SUFFER RELATED TO PARTICIPATING AS AN AFFILIATE IN OUR AFFILIATE PROGRAM OR USING ANY INFORMATION AND RESOURCES PROVIDED IN THE PROGRAM (INCLUDING THE APPLICATION AND REGISTRATION PROCESSES).
YOU ALSO AGREE THAT, TO THE FULLEST EXTENT ALLOWED BY THE LAW, WE ARE NOT LIABLE FOR ANY KIND OF DAMAGES, INCLUDING BUT NOT LIMITED TO: DIRECT, INDIRECT, SPECIAL, PUNITIVE INCIDENTAL, FAIR, OR CONSEQUENTIAL LOSS OR DAMAGES RELATED TO YOUR INVOLVEMENT IN THE AFFILIATE PROGRAM (SUCH AS LOSS OF USE, DATA, OR PROFITS AS WELL AS DELAYS OR INABILITY TO USE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE AFFILIATE PROGRAM).
YOU UNDERSTAND THAT ACTS OR NON-ACTS OF THIRD PARTIES ARE OUTSIDE OF OUR CONTROL, AND WE DO NOT ACCEPT ANY LIABILITY FOR SUCH CIRCUMSTANCES, EVEN IF THEY AFFECT YOUR PARTICIPATION IN OUR AFFILIATE PROGRAM.
THIS LIMITATION OF LIABILITY APPLIES WHETHER THE CAUSE IS IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THIS MUM LOVES TECH WAS AWARE OF THE POSSIBILITY OF DAMAGES.
NOTHING IN THESE AFFILIATE T&CS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD OR FRAUDULENT REPRESENTATION, OR ANY OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW IN YOUR JURISDICTION. HOWEVER, YOU AND THIS MUM LOVES TECH BOTH ACKNOWLEDGE THAT SUCH A CIRCUMSTANCE IS HIGHLY UNLIKELY GIVEN THE NATURE OF THE AFFILIATE PROGRAM.
IF YOU ARE NOT SATISFIED WITH THE AFFILIATE PROGRAM OR ANY PORTION OF IT, YOUR ONLY OPTION IS TO STOP PARTICIPATING IN THE AFFILIATE PROGRAM.
No Waiver
If we delay or choose not to enforce or exercise any term of or any right under these Affiliate T&Cs, we do not waive our rights. We can enforce/exercise it later.
Severability
If any part of these Affiliate T&Cs is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, then the rest of the Affiliate T&Cs will not be affected.
If this occurs, you agree to substitute the affected portion with a valid alternative that has the same effect as would have originally been achieved (to the extent possible).
Interpretation
Unless the context requires otherwise, references to the singular include the plural and the masculine includes the feminine (and vice versa). Headings in these Affiliate T&Cs are for convenience only and do not affect their interpretation.
Delays/failures beyond our control
We won’t face legal or financial penalties if we’re delayed or unable to fulfil our legal obligations because of circumstances beyond our control (these are “Force Majeure Events”).
Force Majeure Events include, but are not limited to, acts of God, natural disasters, governmental actions, terrorist threats or acts, civil unrest, national emergency, epidemic, lock-outs, labour disputes, materials or telecommunication breakdown, and power outage.
This Mum Loves Tech is a small business with limited staff. Any illness affecting one or more of our staff members that prevents the effective day-to-day running of the business is also considered a Force Majeure Event.
Entire Agreement
These Affiliate T&Cs contain the full agreement between you and us regarding becoming an Affiliate and/or your role as an Affiliate.
Any previous written or spoken agreements, promises, information, or understandings between us on this topic are not valid unless they are specifically mentioned in these Affiliate T&Cs.
Changes to these Affiliate T&Cs
We may make changes to these Affiliate T&Cs, and the latest version will always be posted on our website.
If we make any significant changes that are likely to affect your choice to remain an Affiliate or how we regularly interact with you in your Affiliate role, we will also notify you by email.
Dealing with disputes
You give up any current or future claims relating to your role as an Affiliate, including the Application and registration processes.
If we have any disagreement about these Affiliate T&Cs, we commit to resolving it through discussion and negotiation. Legal action can only be taken if our honest efforts to resolve the issue fail.
The laws of England apply to interpreting and enforcing these Affiliate T&Cs, and any legal action must only be started in the courts of City of Chelmsford, United Kingdom.
Contacting us
For any questions, comments, or concerns regarding these Affiliate Program Terms & Conditions or any purchase, please contact us at info@thismumlovestech.co.uk.
Nicola Walsh – Design and Digital (referred to as This Mum Loves Tech) is a business located at 29 Plymouth Road, Chelmsford, Essex, CM1 6 JG