Terms & Conditions

Service Agreement

To be an publisher of the Affiliate Future Network you agree to abide by the terms and conditions contained in this Agreement. Please read this agreement carefully before registering and using the Affiliate Future Network.

PUBLISHER TERMS AND CONDITIONS

By completing the signup page and using the Affiliate Future Network you indicate your acceptance of this Agreement and its terms and conditions. If you do not accept this Agreement, do not use the Affiliate Future service.

You must be at least 18 (eighteen) years of age to be a publisher and enter into this Agreement.

This Agreement is between IBG Ltd t/a Affiliate Future (Company Registration No. 3718515) whose registered office is at John Carpenter House, John Carpenter Street, London, EC4Y 0BS (" Affiliate Future"). and You, as user of the Affiliate Future Network ("You").

BACKGROUND

  1. Affiliate Future has developed and operates an online advertising and marketing network consisting of Publishers that carry advertisement for Advertisers on their websites (the "Network"). The Advertiser is the provider of services which are accessible through the Advertiser Website URL set out in Schedule (together with any replacement or successor URL, the "Advertiser Site")

  2. The Network is accessible through the URL www.AffiliateFuture.co.uk (together with any replacement or successor URLs, respectively the "Affiliate Future Site")

  3. Affiliate Future has developed and operates a network from its website www.AffiliateFuture.co.uk called Affiliate Future (the "Network") which allows Websites to run and/or participate in partner programmes. You wish to become an Publisher of the Network and utilize the Network as an advertiser or direct Marketer. As a publisher of the Network You will be establishing publisher-partnering arrangements with third party members.

OPERATIVE PROVISIONS

  1. Definitions

    • "Publisher" means a website owner that is paid a commission for placing links to Advertisers' websites on its own website.

    • "Business Day" means a day other than a Saturday, Sunday or bank or public holiday in England and Wales.

    • "Commission" means a sum in GBP, either being a percentage on Advertiser's sales generated by You, or flat rate for generating a sale or lead through Links on your web site and the level of which shall be determined by the Advertisers.

    • "Advertiser", means a website owner who pays a commission to publishers for placing the link on their websites to the Advertiser's own website.

    • "Link" means a hyperlink placed on a Publisher Partner's website that, when clicked on, serves a Advertiser's website to the Visitor's browser. The hyperlink may be in the form of text, a button, a banner or any other format acceptable to the publisher.

    • "Valid Click" is a click from an Publisher Partner's website to a Advertiser website that results in the Advertiser Web page being viewable to the Visitor. A click is deemed valid by the Affiliate Future system when it meets certain criteria as defined on the Affiliate Future Site or in this agreement, and which may change from time to time.

    • "Visitor" means any person, Web surfer or user that clicks on a Link.

    • GDPR means the European Union General Data Protection Regulation (Regulation (EU) 2016/679);

  2. Services

    1. You may place and remove Links on Your website at your discretion.

    2. You acknowledge that Advertisers:

       a. set up the level of commission payable and the structure of commission payment;

       b. may change such commission level or structure or discontinue commission payments at any time,

       c. are responsible to inform you of any changes to payouts, and You are responsible for determining if a Advertiser has changed or discontinued the commission payment for a Link You have placed on Your website.

  3. Affiliate Future Obligations

    1. Affiliate Future will provide email support for the Network.

    2. Affiliate Future will pass Publisher data to Advertisers when you sign up to Advertiser programmes through the Network.

  4. Commission Payments and Fees

    1. In consideration for You hosting Links on your website Affiliate Future will pay You the Commission.

    2. You acknowledge and agree that an Advertiser has the right to cancel any commission payment to You, for reasons including, but not limited to, an order/lead being incomplete or should the Advertiser reasonably believe the transaction to be fraudulent or otherwise invalid.

    3. Affiliate Future may cancel any commission earned after the cancellation period, where Affiliate Future has cancelled a transaction in exceptional circumstances only.

    4. Affiliate Future will remove any cancelled transactions from your account immediately.

    5. Affiliate Future will inform You by email of the reason for such cancellation.

    6. Your commission payment will be calculated on the 3rd & 17th day of the calendar month.

    7. An invoice will be raised (inclusive of VAT where appropriate) and will be made available for download from the Affiliate Future Site. Payments to You will be made on or around the 8th and 22nd day of each month.

    8. You will be paid commission subject to:

      you having supplied the following information IN FULL: full name, company name (if appropriate), full address, full bank account details, and a valid UK VAT number (where appropriate); and

      a.  the commission exceeding the minimum payment amount of GBP20 for UK payments, or GBP100 if paying a bank located outside of the UK

      b.  Affiliate Future receiving payment from the Advertiser when the commission payments are calculated on the 3rd and 17th day of the month.

      c.  If You do not meet the conditions stipulated in Clause 6.7 Affiliate Future will not pay You commissions on generated sales.

    9. Affiliate Future may withhold payment for any reason including, but not limited to, suspicion of fraudulent activity.

    10. Money credited to your account does not accrue interest.

    11. Affiliate Future reserves the right to write off any affiliate commission where a program is closed and the commission has remained unpaid to the affiliate for a period of more than 12 months.
  5. Registration

    The following types of websites are not allowed to participate in the Network: adult websites that display adult banners, Warez websites, ROM websites, and emulator websites. Affiliate Future reserves the right to determine if a web site shall not be allowed to participate in the Network.

    1. You agree that you have read the documentation on the Network made available to You and understand its features and rules.

    2. As part of the registration process, You will select an email and password combination that You will use to access your Publisher area within the Network.

    3. You warrant and undertake to provide Affiliate Future with accurate, complete and updated registration information at all times.

    4. You may not select the name of another person with the intent to impersonate that person or deceive Members or other users as to your true identity.

    5. You agree that Affiliate Future may rely on any data, notice, instruction or request furnished to Affiliate Future by You which Affiliate Future may reasonably believe to be genuine and to have been sent or presented by a person Affiliate Future may reasonably believed to be authorized to act on your behalf.

    6. You shall notify Affiliate Future via Support Centre www.affiliatefuturesupport.co.uk of any known or suspected unauthorised uses of your account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your email and password.You shall be responsible for maintaining the confidentiality of your email and password and you are responsible for all usage and activity on your account, including use of the account by a third party authorised by you to use your account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by Affiliate Future and referral to the appropriate authorities in the relevant country.

  6. Use of the Services

    1.  You agree that Publisher data can be passed on to the Advertisers for their own use as part of their participation in the Network.

    2.   You agree that Affiliate Future can send email communications to you as part of the service provided by the network, these include but not limited to Network News, Network Alerts &Program Updates. Preferences for optional email communications can be accessed via your email control panel in your Affiliate Future interface.

    3.   You shall comply with all programme terms and guidelines (the "Rules") applicable to each advertising programme offered by Affiliate Future within the Network You select (each a "Programme").

    4.   You represent warrant and undertake to Affiliate Future that:

      You have all necessary rights to grant the rights and licences set out in your contract with us

      ⚫  neither the content you provide to the Network nor any material which you may be linked to through your Network content will contain anything that is defamatory, obscene, false or misleading or which otherwise violates any intellectual property rights or rights of any person;

      ⚫  use of the content you provide to the Network will not violate any applicable law or regulation. You agree that there have been no guarantees made by us for this content and that no employee of Affiliate Future has made a promise or commitment that does not appear here. You agree to indemnify and hold Affiliate Future and any of our officers, employees and agents harmless from and against all and any claims, liabilities, expenses, losses, costs or damages incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from any violation or infringement of third party rights, or any breach of any of these terms and conditions.

      ⚫  You shall not provide, promote, distribute, place or otherwise publish as a Publisher of the Network any content, or website that includes content, which is libellous, defamatory, obscene, pornographic, abusive, fraudulent or violates any law. As Affiliate Future may not review all information provided by You, You shall remain solely responsible for Your content and Website.

    5.  You warrant and undertake that You shall observe all applicable laws, regulations and the rules of regulatory and voluntary industry organisations and obtain and make payment for or maintain in force all necessary licenses, consents and permissions relating to all materials provided and/or used under this Agreement. You undertake to comply with all applicable EU- and national laws and regulations in force from time to time including, but not limited to, the EU-directive (2002/58/EC) and the General Data Protection Regulation (EU 2016/679).

    6.  You Acknowledge and agree that Links shall:
      not be placed in newsgroups or unsolicited e-mail;
      be placed in such a way that it is not misleading to any Visitor and with the intention of delivering Valid Clicks to the related Advertiser for that Link.

    7.  Affiliate Future may deem any website to be inappropriate and may remove the Publisher website from the Network in which event Affiliate Future may withhold commission relating to any sales generated through Your Website.

    8.  You shall inform Visitors about the use of third party cookies. The Publisher shall post a prominent link to the Publisher’s privacy policy which shall provide detailed information about such processing and an explanation as to how it can be disabled.

  7. Limited Warranty

    You acknowledge that the Network, its use and the results of such use are provided "as is" and on a "as available" basis. To the fullest extent permissible by law, Affiliate Future gives no warranties to You, express or implied, including, but not limited to, implied warranties of advertiser ability and fitness for a particular purpose, in relation to the Network, its use and the results of such use. Without limiting the forgoing, Affiliate Future specifically disclaims any warranty
    a.  that the Network and its services will be uninterrupted or error free, b.  that defects will be corrected, c. that there are no viruses or other harmful components d. that the security methods employed will be sufficient, or e. regarding correctness, accuracy or reliability.

  8. Limitation of Liability

    1. To the furthest extent permitted by law, Affiliate Future, its suppliers or resellers do not accept liability for any claims, liabilities, expenses, losses, costs or damages (including without limitation, damages for any consequential loss or loss of business opportunities and/or profits) however arising from the use of or inability to use the Network or any information provided on the Affiliate Future Site or any other hyperlinked website;, or any of its contents, or from action or omission taken as a result of using the Network or any such contents. In addition we do not accept liability for any errors or omissions or claims for losses arising from any free of charge services. Every care is taken to avoid mistakes but we cannot accept liability for any errors due to you, your third parties, sub-contractors or inaccurate copy instructions from any of the foregoing. Any agent who shall place an Advertisement with us shall be deemed jointly and severally liable with the Advertiser to us in respect of all matters including charges relating to the Advertisement and conditions therein contained.

    2. You agree that Affiliate Future is the neutral host of the services provided through the Network and has no responsibility or liability in relation to the arrangements that You enter into with Advertisers as part of your use of the Network or the Advertisers' products or services.

    3. You shall indemnify and keep indemnified Affiliate Future at all times against all losses, damages, costs and expenses (including reasonable legal costs) for any third party claims which arise as a result of any breach by You of this Agreement and your negligent acts or omissions.

  9. Representations

    Affiliate Future makes no representations whatsoever about any website which You may access through the Network. Affiliate Future does not endorse or accept any responsibility for the content or the use of any link to a website other than the Affiliate Future Site.

  10. Term and Termination

    1. This Agreement shall remain in effect until terminated.

    2.  This Agreement may be terminated by Affiliate Future or You at their convenience on five (5) Business Days prior e-mail or written notice, or immediately upon notice of any breach of the provisions of this Agreement including, without limitation, if You fail to comply with the Rules.

    3.   We will not pay you outstanding Commission if we terminate this Agreement on your failure to comply with the Rules.

    4.   On termination of this Agreement, You shall no longer be entitled to use the Network.

    5.   You agree that You shall not, for 3 months from termination or expiry of this Agreement, enter into any commercial arrangements with any Advertiser who made sales through Links on Your Site within the 6 months preceding termination or expiry of this Agreement.

    6.   Affiliate Future may terminate this Agreement immediately if the Publisher does not access the Publisher Account for a period of 12 months or if no commissions have been generated for a period of 12 months. This account will be classified as inactive and closed.

    7.   If an account is terminated due to breach of Affiliate Future's T&Cs (10.3) or classified as an inactive account (10.6), all unpaid Commissions as of the date of termination, or accruing after this date, shall be forfeited to Affiliate Future irrevocably and the Publisher hereby waives any right to recover Commissions and Bonuses from Affiliate Future.

  11. Audit

    You shall, during the Contract Period and on reasonable notice permit Affiliate Future (and its internal and external auditors), access to all accounts and records and other supporting documents and data requested for the purpose of auditing Your use of the Network and Your compliance with this Agreement. The cost of the audit shall be Affiliate Future's unless the audit reveals a breach of this Agreement.

  12. Changes

    Affiliate Future reserves the right to change, modify, add or remove portions of this Agreement and/or the Rules at any time and may add to, change, suspend or discontinue any aspect of or services relating to the Network at any time. In either such case Affiliate Future will notify You via e-mail, newsletter or the Affiliate Future Site of such changes, at which time You may either agree to such changes or withdraw from the Network.

  13. Assignment

    Neither the rights nor the obligations arising under this Agreement are assignable or transferable by You, and any such attempted assignment or transfer shall be void and without effect. Affiliate Future may assign this Agreement to any successor, publisher or assign.

  14. Force Majeure

    Affiliate Future will not be liable for any delay or failure to perform any obligation under this Agreement due to any event beyond our reasonable control, including but not limited to, earthquake, fire, flood or any other natural disaster, labour dispute, riot, revolution, terrorism, acts of restraint of government or regulatory authorities, failure of computer equipment and failure or delay of services and platforms used to operate our electronic media.

  15. Handling Personal Data

    Processing of Personal data maybe required as part of the agreement to advertise through Affiliate Future’s publisher network. The categories of personal data that may be processed are but not limited to first name, last name, email address, postal address, username & IP address.

    You agree to process the Data only in accordance with Data Protection Laws and using following conditions:

    a.  shall only process the personal data on the documented instructions from Affiliate Future

    b.  You shall only process the Data for completing the Services and access to Personal data may only be given to persons who need such access to complete such service.

    c.  You shall only process the Data in the UK or the European Economic Area with no transfer of the Data outside of the UK or the European Economic Area without the prior written consent of Affiliate Future.

    d.  Ensure that all employees and other representatives accessing the Data are aware of the terms of this Agreement and are bound by a commitment of confidentiality

    e.  You shall not employ any third party in the processing of the Data without the prior consent of Affiliate Future unless they are required to do so under English law.

    f.  You shall asses the appropriate level of security, appropriate to the risk in processing and or storage of the data, such measures to include.

    • Consideration of anonymisation, pseudonymisation and encryption.

    • The ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and related services.

    • The ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident.

    • A process for regularly testing, assessing and evaluating the effectiveness of the technical and organisational measures for ensuring the security of the processing.

    • In assessing the appropriate level of security account shall be taken in particular of the risks that are presented by processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of or access to data transmitted, stored or otherwise processed.

    g.  You shall immediately notify Affiliate Future if there is any personal data breach or incident capable of affecting relevant personal data. You will co-operate fully and assist where necessary to enable Affiliate Future to notify the relevant supervisory authority and aid in the gathering of relevant information that is requested by the supervisory authority and assist in communication of the data breaches to individuals.

    h.  Implement appropriate measures to enable data subjects to exercise their rights to access, alteration and erasure of, and to restrict or object to processing and or transfer of, relevant personal data. If a data subject makes a request directly to You on the above, the request must be forwarded to Affiliate Future promptly, and Affiliate Future will respond to it in compliance with its obligations under Applicable Laws.

    i.  Swiftly notify Affiliate Future of any complaint it receives directly which relates to the processing of relevant personal data.

    j.  Make immediately available to Affiliate Future necessary information to demonstrate compliance with the obligations laid down under this Agreement and allow for and contribute to any audits, inspections or other verification exercises required by Affiliate Future.

    k.  Quickly provide on written request information required to reasonably demonstrate compliance with these Data Processing Terms and/or Applicable Laws.

    l.  Preserve the integrity of the Data, without alteration, ensuring the ability to separate the Data from any other information created.

    m.  It has been agreed that You will in any event securely delete the Data at the end of the Services.

    n.  On request and or termination of this agreement you shall safely delete or return the Data. Deletion shall include destruction of all existing copies unless You provide to Affiliate Future that You are required to retain a copy in accordance with any law of the European Union or any member state of the European Union

  16. This agreement constitutes the entire agreement between Affiliate Future and you. All prior agreements understandings and negotiations and representations (save for fraudulent misrepresentation) whether oral or in writing are cancelled in their entirety. The terms of any other electronic communications will not form part of this agreement.

  17. This agreement is governed by English law and each party agrees that the courts of England will have non-exclusive jurisdiction to deal with any disputes arising out of or in connection with this agreement. Changes to this contract can only be made in writing. Printed terms and conditions in any additional documents issued by you or your agent will not be recognised as binding.

  18. You may not resell, assign or transfer any of your rights under this contract without our written consent. Any attempt to resell, assign or transfer rights without our consent will entitle us to cancel the contract without liability to you. A person who is not party to this contract has no right under the Contracts (Rights & Third parties) Act 1999 to rely upon or enforce any terms of this agreement.

  19. Self-billing agreement

    The self-billing agreement will take effect from the date of signing the contract and will cover a minimum of 12 months, subject to annual review and renewal.

    The Publisher agrees to respond to self-billing agreement review and renewal requests raised via the Interface within a reasonable time.

    Self-billed invoices for Commissions and Bonuses can be accessed by the Publisher via the Interface.

    Self-billing is implemented as follows:

    • The Publisher (self-billie) agrees to the Affiliate Future (self-biller) raising invoices for their (the Publisher's) supplies.

    • The Publisher agrees not to issue invoices for any Commissions and Bonuses generated pursuant to this Agreement.

    • The Publisher will accept each self-billed invoice created by Affiliate Future for the supplies made to them by the Publisher.

    • the Publisher will immediately notify Affiliate Future if it transfers any part of its business as a going concern.

    • The Publisher will immediately update the Interface accordingly if it:

    • 1. stops being registered VAT, sales tax or other comparable taxes; or

      2. changes its VAT number or any other tax identification number previously provided, regardless of reason.

    Affiliate Future may provide a copy of this agreement to HM Revenue & Customs (or equivalent local tax authority) in order to evidence the self-billing arrangements between Affiliate Future and the Publisher.

    Affiliate Future will pay all self-billed invoices subject to:

    • any minimum payment threshold implemented by Affiliate Future from time to time being satisfied.

    • the correct, accurate and complete bank and tax information of the Publisher being shown on the Interface.

    • the provision of any additional information reasonably requested by Affiliate Future in respect of the Publisher's location or residence.

    • the payment not being subject to any internal audits or network quality reviews from time to time.