The following document outlines the terms and conditions for the Kaliese Ltd Affiliate Programme. Terms correct as of 22nd April 2024.
Within these terms and conditions, the following definitions are used:
- “Affiliate Programme” refers to the scheme governed by these terms and conditions and operated by Kaliese Ltd.
- “we”, “us”, “our” and “Kaliese” all refer to Kaliese Ltd.
- “customer” refers to someone purchasing one of more items through the Kaliese Ltd website.
- “You”, “your” and “yours” all refer to the legal entity agreeing to participate in the Affiliate Programme and who will be bound by the terms and conditions of this agreement.
By joining our Affiliate Programme, you are deemed to have understood and agree to be bound by these terms and conditions.
Law
The laws applicable to this agreement are the laws of England and Wales.
Severance
If any clause in these terms is found to be unenforceable for any reason, this will not affect the enforceability of the others clauses within these terms.
Joining the Affiliate Programme
To be eligible to join our Affiliate Programme you must:
- If a natural person, be over 18 years of age.
- Specify a UK-based bank account to receive your commission payments.
Our Affiliate Programme is not exclusive and members of our programme are free to join similar schemes with other retailers and are free to recommend similar products and services of third parties.
In order to join our Affiliate Programme an online application form must be completed. Most applications are automatically accepted although we reserve the right to review applications before accepting them. If we choose to review your application before accepting it, you will be notified of the result within 30 days. If we have not responded to your application within 30 days then your application should be considered rejected. Applications that are automatically accepted may still be reviewed within 30 days of the acceptance date.
As part of our review process we may contact you if we feel we need more information. If we do ask for additional information you will have 30 days to respond. No decision will be taken on your application until we receive your response. If after 30 days we have not received a response, your application will be automatically rejected.
Any decision to revoke/refuse your application during the 30 days following submission of the application form is made at the absolute discretion of Kaliese. No reasons need to be given. Notwithstanding the section on termination, if we decide to revoke/refuse your membership of our Affiliate Programme, no notice period will be given, and your membership will cease immediately.
We may in some situations accept an application subject to certain conditions being met. In this case, you will be notified at the time of your acceptance of any conditions that need to be met and the time by which they need to be fulfilled. Failure to complete any of the required conditions within the timeframe specified will result in your immediate removal from our affiliate programme.
Acceptance on to our affiliate programme does not mean you will automatically be accepted on to any other programmes that we may run in the future.
If your application is rejected you are free to re-apply to join our programme.
Membership of our affiliate programme does not imply any joint venture, partnership, franchise, employment or agency relationship exists between us.
Representation and Warranties
By joining our Affiliate Programme you represent and warrant that
- You have the full right, power and authority to be bound by these Terms and Conditions and to perform your obligations under this agreement.
- Your participation does not and will not conflict with any of your existing agreements or arrangements.
- You will remain compliant with the terms of any platform you use to promote our products.
- You will not use your affiliate link to purchase products for yourself. This does not affect the use of any discount codes we supply to you as described in the support section.
- You shall not engage in any deceptive, misleading, illegal or unethical marketing activities, or activities that may be detrimental to us, our customers or to the public.
- You will not infringe any copyright, trademark or any other intellectual property rights.
- You will not include any unlawful content on any media within your control.
Commission
After joining our Affiliate Programme you will be sent an affiliate link that potential customers can click on to be redirected to our website. After clicking the affiliate link, you will receive commission on the total sale value of any purchases made by the customer within seven days starting from the moment they clicked on the affiliate link.
All commission will be paid in pounds sterling.
The amount of commission you earn can be found by logging on to the affiliate tool on our website or by contacting us directly. We may alter the amount of commission by providing you with 30 days notice.
To receive commission, you must have entered valid account details in the affiliate tool on our website and selected your preferred payment option.
If, for any reason, you do not claim any commission owed to you within six months of the customer transaction then your right to receive the commission will be forfeited. We have no obligation to pay any forfeited commission.
You are responsible for payment of all taxes and fees payable by you as a result of receiving commission.
All amounts payable by us to you are subject to offset by us against any amounts owed by you to us.
In the event that a customer clicks on the links of multiple members of our Affiliate Programme, commission will only be paid to the account associated with the last link clicked by the customer.
No commission will be paid:
- On purchases that do not derive from the affiliate link supplied to you.
- On purchases made by you.
- On delivery charges.
- On any purchases made by the customer more than seven days after they clicked on the affiliate link.
- On any monies that are refunded to the customer.
- If the customer has or will pay any commission, referral fees or any other form of compensation directly to you.
- On purchases that are found to not be genuine.
- If you are found to be in breach of the terms and conditions of our Affiliate Programme.
Support
As a member of our Affiliate Programme, we may make available to you images, videos and other resources that you can use. Any material supplied is to be used solely for the purpose of promoting the Kaliese brand and attracting potential customers.
The sharing of material does not represent any sharing of copyright. We (or the original copyright owner where a third party owns the copyright) retain all rights of all shared resources. Materials we share with you are not to be edited or altered in any way or shared with any third party without our prior written permission.
You must not use any materials we make available to you:
- After you cease to be a member of our Affiliate Programme.
- In a misleading or disparaging way.
- In an obscene, indecent or unlawful way.
- In a way that suggests or implies we endorse, sponsor or approve of any products or services other than those supplied by Kaliese.
As a member of our Affiliate Programme we may from time to time make available to you discount codes for purchasing items from our store. Any additional terms of use over and above those described in this document and in our terms and conditions will be notified to you at the time. Unless otherwise stated, any discount codes supplied are for your sole use only and under no circumstances are to be shared with or used for the benefit of a third party.
Confidentiality
Within this section “confidential information” includes all information that is designated as confidential and disclosed by one party to the other irrespective of the method by which the information is communicated. In particular, the following is always considered confidential information unless expressly stated otherwise:
- The terms of your membership of our affiliate programme. For example, the commission rate is confidential information.
- Any private communications between Kaliese and yourself. For example, all email correspondence is confidential.
Confidential Information does not include any information that is or becomes generally known to the public (unless such knowledge is itself a result of a breach of confidentiality) or information that was already known by either party before you joined our Affiliate Programme.
Any confidential information disclosed remains the sole property of the disclosing party.
Each party must protect the others Confidential Information to the same degree as they protect their own Confidential Information. As a minimum requirement, each party must take all measures required by data protection law.
Any confidential information disclosed is not to be used for any purpose outside the scope of this agreement.
Confidential Information is not to be disclosed to any third party unless required to do so by law.
Modification of Terms
We may amend these terms and conditions at any time. In this event, you may terminate the agreement as described in the termination section otherwise your continued membership of our Affiliate Programme will indicate your acceptance of the updated Terms and Conditions.
Termination
Neither party is required to supply any reason for terminating this agreement.
Upon termination you may no longer use any material supplied by us.
Termination by you
You may terminate this agreement at any time, without a notice period, by deleting your affiliate account on our website.
Termination by us
We may terminate this agreement by giving you 14 days notice. Termination of this agreement shall not affect our obligation to pay you any commission owed in accordance with the section on commission.
If we believe your account is inactive, we will attempt to contact you using the details supplied. We will remove the account unless we receive a response within 14 days from yourself indicating that the account is still in use.
Breach
If you are found to be in breach of any of the terms and conditions of this agreement then, depending upon the nature and severity of the breach, we will either ask you to rectify the breach or we will immediately remove you from the Affiliate Programme. The decision on whether to remove or to rectify is made at the absolute discretion of Kaliese and whilst we will normally supply reasons we are under no obligation to do so.
If you are asked to rectify a breach of any of these terms and conditions, we will notify you of the breach and specify an amount of time within which you must fully rectify the breach. The amount of time you will be given is at our sole discretion and will depend on the nature and severity of the breach. If, after the allotted time, the breach has not been fully rectified this agreement will terminate with immediate effect.
Indemnification
You will indemnify, defend and hold harmless us, our directors, officers, employees, agents, shareholders, partners, members and other owners, at your expense, against any and all third-party claims, actions, proceedings, demands, liabilities, losses, damages, judgments, settlements, costs and expenses (including reasonable legal fees) that arise or are based on:
- your noncompliance with or breach of these terms and conditions,
- any representation or statement made by you that was not authorised by us,
- your site, including, without limitation, content therein not attributable to us.