Terms & Conditions
To be a publisher of the Ealing Distillery Affiliate Scheme you agree to abide by the terms and conditions contained in this Agreement. Please read this agreement carefully before registering and using the Ealing Distillery Affiliate Scheme.
PUBLISHER TERMS AND CONDITIONS
By completing the signup page and using the Ealing Distillery Affiliate Scheme you indicate your acceptance of this Agreement and its terms and conditions. If you do not accept this Agreement, do not use the scheme.
You must be at least 18 (eighteen) years of age to be a publisher and enter into this Agreement.
This Agreement is between Ealing Distillery Ltd (Company Registration No. 11608515) whose registered office is at 50 Webster Gardens, Ealing, W5 5ND (“Ealing Distillery”). and You, as user of the Ealing Distillery Affiliate Scheme (“You”).
BACKGROUND
Ealing Distillery has developed and operates an online advertising and marketing programme consisting of Publishers that carry advertisements which promote Ealing Distillery and its products, Ealing Gin, on their websites. Ealing Distillery is the provider of services which are accessible via our website:
set out in Schedule (together with any replacement or successor URL, the “Advertiser Site”)
The Ealing Distillery Affiliate Scheme is accessible through the URL:
https://www.ealingdistillery.co.uk/gin/affiliate-home/
Ealing Distillery has developed and operates its network from its website:
https://www.ealingdistillery.co.uk
We call this The Ealing Distillery Affiliate Scheme (the “Scheme”) which allows Websites to run and/or participate in our programmes. You wish to become a Publisher of The Ealing Distillery Affiliate Scheme and utilise The Ealing Distillery Affiliate Scheme as an advertiser or direct Marketer.
OPERATIVE PROVISIONS
Definitions
“Publisher” means a website owner that is paid a commission for placing links to our websites: https://www.ealingdistillery.co.uk/gin/ on your websites.
“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 our 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 Ealing Distillery.
“Advertiser”, means us, Ealing Distillery, the owner of https://www.ealingdistillery.co.uk/gin/
who pays a commission on successful sales generated by you via the placement of links on your websites and apps to Ealing Distillery’s own website.
“Link” means a hyperlink placed on a your websites and apps that, when clicked on, serves our website to your the Visitor’s browser. The hyperlink may be in the form of text, a button, a banner or any other format we deem acceptable.
“Valid Click” is a click from your website to our website that results in Ealing Distillery Web page being viewable to the Visitor. A click is deemed valid by the Ealing Distillery system when it meets certain criteria as defined on the Ealing Distillery Site or in this agreement. This 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);
Services
You may place and remove Links on Your website at your discretion.
You acknowledge that we:
- set up the level and structure of commission
- may change such commission level or structure or discontinue commission payments at any time
- will inform you of any changes to payouts
Ealing Distillery Obligations
Ealing Distillery will provide email support for The Ealing Distillery Affiliate Scheme.
Commission Payments and Fees
In consideration for You hosting Links on your website Ealing Distillery will pay You commission should these links be clicked by your website visitors who subsequently go on to purchase our product within an agreed time frame.
You acknowledge and agree that we have the right to cancel any commission payment to You, for reasons including, but not limited to, an order/lead being incomplete or should Ealing Distillery reasonably believe the transaction to be fraudulent or otherwise invalid.
Ealing Distillery may cancel any commission earned after the cancellation period, where Ealing Distillery has cancelled a transaction in exceptional circumstances only.
Ealing Distillery will remove any cancelled transactions from your account immediately.
Ealing Distillery will inform You by email of the reason for such cancellation.
Your commission payment will be calculated on the 15th day of the calendar month and paid a day later, if You have met the terms and conditions and minimum requirement for payment.
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
- the commission exceeding the minimum payment amount of GBP10 for UK payments, or GBP100 if paying a bank located outside of the UK.
- If You do not meet the conditions stipulated Ealing Distillery will not pay You commissions on generated sales.
Ealing Distillery may withhold payment for any reason including, but not limited to, suspicion of fraudulent activity.
Money credited to your account does not accrue interest.
Ealing Distillery 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.
Registration
The following types of websites are not allowed to participate in The Ealing Distillery Affiliate Scheme: adult websites that display adult banners, Warez websites, ROM websites, and emulator websites. Ealing Distillery reserves the right to determine if a web site shall not be allowed to participate in The Ealing Distillery Affiliate Scheme.
You agree that you have read the documentation on The Ealing Distillery Affiliate Scheme made available to You and understand its features and rules.
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 Ealing Distillery Affiliate Scheme.
You warrant and undertake to provide Ealing Distillery with accurate, complete and updated registration information at all times.
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.
You agree that Ealing Distillery may rely on any data, notice, instruction or request furnished to Ealing Distillery by You which Ealing Distillery may reasonably believe to be genuine and to have been sent or presented by a person Ealing Distillery may reasonably believed to be authorised to act on your behalf.
You shall notify Ealing Distillery via the contact form on our website:
- 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 Ealing Distillery and referral to the appropriate authorities in the relevant country.
Use of the Services
You agree that the data you provide to The Scheme can be used and analysed as part of your participation in The Ealing Distillery Affiliate Scheme.
You agree that Ealing Distillery can send email communications to you as part of the service provided by The Ealing Distillery Affiliate Scheme.
You shall comply with all programme terms and guidelines (the “Rules”) applicable to each advertising programme offered by The Ealing Distillery Affiliate Scheme.
You represent warrant and undertake to Ealing Distillery 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 Ealing Distillery Affiliate Scheme 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 Ealing Distillery Affiliate Scheme 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 Ealing Distillery has made a promise or commitment that does not appear here. You agree to indemnify and hold Ealing Distillery 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 Ealing Distillery Affiliate Scheme any content, or website that includes content, which is libellous, defamatory, obscene, pornographic, abusive, fraudulent or violates any law. As Ealing Distillery may not review all information provided by You, You shall remain solely responsible for Your content and Website.
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).
You Acknowledge and agree that Links shall:
- not be placed in places where they expressly forbidden (ie newsgroups, forums or unsolicited e-mail);
- be placed in such a way that it is not misleading to any Visitor
- be placed with the intention of delivering Valid Clicks
Ealing Distillery may deem any website to be inappropriate and may remove the Publisher website from The Ealing Distillery Affiliate Scheme in which event Ealing Distillery may withhold commission relating to any sales generated through Your Website.
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.
Limited Warranty
You acknowledge that The Ealing Distillery Affiliate Scheme, its use and the results of such use are provided “as is” and on an “as available” basis. To the fullest extent permissible by law, Ealing Distillery 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 Ealing Distillery Affiliate Scheme, its use and the results of such use. Without limiting the forgoing, Ealing Distillery specifically disclaims any warranty:
- the Ealing Distillery Affiliate Scheme and its services will be uninterrupted or error free;
- that defects will be corrected;
- that there are no viruses or other harmful components
- that the security methods employed will be sufficient, or
- regarding correctness, accuracy or reliability.
Limitation of Liability
To the furthest extent permitted by law, Ealing Distillery, 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 Ealing Distillery Affiliate Scheme or any information provided on the Ealing Distillery Site or any other hyperlinked website;, or any of its contents, or from action or omission taken as a result of using The Ealing Distillery Affiliate Scheme 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 on our behalf shall be deemed jointly and severally liable with Ealing Distillery to us in respect of all matters including charges relating to the Advertisement and conditions therein contained.
You shall indemnify and keep indemnified Ealing Distillery 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.
Term and Termination
This Agreement shall remain in effect until terminated.
This Agreement may be terminated by Ealing Distillery 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.
We will not pay you outstanding Commission if we terminate this Agreement on your failure to comply with the Rules.
On termination of this Agreement, You shall no longer be entitled to use The Ealing Distillery Affiliate Scheme.
Ealing Distillery 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.
If an account is terminated due to breach of Ealing Distillery’s T&Cs or classified as an inactive account, all unpaid Commissions as of the date of termination, or accruing after this date, shall be forfeited to Ealing Distillery irrevocably and the Publisher hereby waives any right to recover Commissions and Bonuses from Ealing Distillery.
Changes
Ealing Distillery 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 Ealing Distillery Affiliate Scheme at any time. In either such case Ealing Distillery will notify You via e-mail, newsletter or the Ealing Distillery Site of such changes, at which time You may either agree to such changes or withdraw from The Ealing Distillery Affiliate Scheme.
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. Ealing Distillery may assign this Agreement to any successor, publisher or assign.
Force Majeure
Ealing Distillery 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.
Handling Personal Data
Processing of Personal data maybe required as part of the agreement to advertise through Ealing Distillery’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:
- shall only process the personal data on the documented instructions from Ealing Distillery
- 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.
- 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 Ealing Distillery.
- 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
- You shall not employ any third party in the processing of the Data without the prior consent of Ealing Distillery unless they are required to do so under English law.
- You shall asses the appropriate level of security, appropriate to the risk in processing and or storage of the data, such measures to include.
- 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.
- You shall immediately notify Ealing Distillery 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 Ealing Distillery 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.
- 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 Ealing Distillery promptly, and Ealing Distillery will respond to it in compliance with its obligations under Applicable Laws.
- Swiftly notify Ealing Distillery of any complaint it receives directly which relates to the processing of relevant personal data.
- Make immediately available to Ealing Distillery 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 Ealing Distillery.
- Quickly provide on written request information required to reasonably demonstrate compliance with these Data Processing Terms and/or Applicable Laws.
- Preserve the integrity of the Data, without alteration, ensuring the ability to separate the Data from any other information created.
- It has been agreed that You will in any event securely delete the Data at the end of the Services.
- 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 Ealing Distillery 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
This agreement constitutes the entire agreement between Ealing Distillery 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.
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.
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.
©Ealing Distillery. All rights reserved.
Ealing Distillery Ltd