Affiliate Terms & Conditions
These terms and conditions explain how the Rock My Adventure Affiliate Programme works and the rules that apply.
The following Terms and conditions will apply to:
- Your use of the Rock My Adventure website as an Affiliate
- Our supply of products and services
- Our dealings with you
PLEASE READ THE ENTIRE AGREEMENT.
This is a legal agreement between you and this is a legal agreement between you and Helen in Wonderlust Limited trading as Rock My Adventure (rockmyadventure.com).
Each Affiliate is responsible for assuring that its employees, agents and contractors comply with this agreement.
By signing up for the Rock My Adventure Affiliate Programme you are agreeing that you have read and undertstood the terms and conditions of this agreement and that you agree to be legally responsible for each and every Term and Condition.
As used in these terms and conditions: (i) “We”, “us”, or “our” refers to Helen in Wonderlust Limited trading as Rock My Adventure and our website; (ii) “you” or “your” refers to the Affiliate; (iii) “our website” refers to the Merchant website located at www.rockmyadventure.com; (iv) “your website” refers to any websites that you will link to our website; (v) “Programme” refers to the Rock My Adventure Affiliate Programme.
“Confidential Information” means all documents, information and materials and any other proprietary information which we provide to you, and which ought reasonably to be considered as confidential information.
“Intellectual Property Rights” means all intellectual property rights (including without limitation patents, utility models, trade and service marks, trade names, domain names, right in designs, copyrights, moral rights, topography rights, rights in databases, trade secrets and know-how) whether or not registered or registrable and also includes applications for registration of any of these rights, and all rights and forms of protection of a similar nature or having equivalent or similar effect anywhere in the world.
“Terms” means these Affiliate Terms and Conditions.
“Website” means our website found at rockmyadventure.com.
Setting Up an Affiliate Account and Earning Commission
In order to set up a Rock My Adventure Affiliate Account you will need to fill in the sign-up form on the Rock My Adventure website. You will then be able to generate your unique link which you can then post on your website or social media platforms. Each ‘click-through’ to our website will be registered on your Affiliate Account using a 90-day cookie on the user’s computer, and for each sale made through that link you will earn commission as set out below.
We will pay £100 commission to you for every Rock My Adventure tour booked through your unique Affiliate link, when that tour is paid for in full by the customer.
If we have to cancel the tour, for any reason (ie. in the case of force majeure, illness or Coronavirus Covid-19), and the customer receives a full refund, the Affiliate commission will be invalid.
Our Affiliates are paid via Paypal. So please ensure you have a valid PayPal account and that your email address is correctly listed on your account in order to start receiving commissions.
It is your responsibility to keep your PayPal email address up to date.
Affiliate payments are made thirty (30) days before the customer embarks on their tour, once the customer has paid the full balance of their trip.
All Affiliate payments are paid gross. It is your responsibility to declare and pay any tax or insurance due on these payments and you indemnify Rock My Adventure against any claims, losses, damages or any other liabilities which arise as a result of you not declaring and paying those sums.
Changes To Customer Travel Dates
If the customer changes their original travel date or tour to a different travel date or tour, the commission will be paid thirty (30) days prior to the new tour or travel date.
Relationship Between Affiliates and Rock My Adventure
Neither you or Rock My Adventure/Helen in Wonderlust Ltd are the agent or partner of the other. You agree that you will not at any time promote yourself as an agent or employee of Rock My Adventure.
You agree that you do not have the authority to enter into any contract on behalf of Rock My Adventure or Helen in Wonderlust Ltd or to bind Rock My Adventure or Helen in Wonderlust Ltd in any way, and you will not make any representation or indication that you are acting on behalf of, or are in any way capable of binding, Rock My Adventure or Helen in Wonderlust Ltd.
Your Obligations as a Rock My Adventure Affiliate
You agree that you will:
(a) follow our reasonable requests in relation to your relationship with us as our Affiliate;
(b) consistently promote Rock My Adventure, Helen in Wonderlust Limited and our products in a good light as we would do so ourselves, and not make any negative or damaging statements;
(c) familiarise yourself with our products and company values; and
(d) bear all costs and expenses incurred in connection with your activities as a Rock My Adventure Affiliate.
You also agree that you will not:
(a) register any domain name, email address or company name that is similar or identical to ‘Rock My Adventure’ or ‘Helen in Wonderlust’ or a translation of names into any other language;
(b) create, permit or direct anyone to create, a website for the sole purpose of promoting or advertising Rock My Adventure or Helen in Wonderlust;
(d) create, permit or direct anyone to create, any website or social media account or page using Rock My Adventure or Helen in Wonderlust Limited, and which site, account or page could reasonably be considered by anyone visiting it to be owned or maintained by us;
(e) promote your Affiliate link using SPAM/unsolicited emails;
(f) promote your Affiliate link in a way that may cause offenceto others, including our competitors;
(g) make untrue statements about Rock My Adventure products or Helen in Wonderlust Limited. Current information about our products can be found at rockmyadventure.com, or by emailing us at [email protected].
Closure of Inactive Accounts
There is no obligation for our Affiliates to meet a minimum number of referrals. However, if any Affiliate Account is inactive for a period of more than one (1) year then we will terminate that account, meaning any clicks using the unique link associated with that account will no longer be registered to that account and no commission will be payable in respect of any sales coming through that link.
You may choose to end your Affiliate Programme membership at any time, for any reason, by notifying us by email. We will then close your account, meaning any clicks using your unique link will no longer be registered to your account. Any commission which has not already been paid to you at the date that your account is closed will be paid to you 1 month prior to the start of the customer’s trip, as set out above.
We can terminate your membership of our Affiliate Programme for any reason, at any time, by giving you thirty (30) days written notice. At the end of this thirty (30) day period we will close your Affiliate account, meaning any clicks using your unique link will no longer be registered to your account. Any commission which has not already been paid to you at the date that your account is closed will be paid to you 1 month prior to the start of the customer’s trip, as set out above.
We may terminate your membership of the Affiliate Programme if you breach any of these Terms & Conditions and do not remedy that breach (if capable of remedy) within fourteen (14) days of notice from us. If you do not correct the relevant breach within this timeframe we will terminate your account, meaning any leads generated using your unique link will no longer be registered to your account.
Once your account has been closed by us, you will no longer be eligible for commissions, including any commission which has been accrued by you but has not yet been paid to you.
In addition to the termination requirements above, either you or we will be entitled to terminate your membership immediately by notifying the other in writing (by email or mail) if the other is declared bankrupt, enters insolvency or administration proceedings.
If your membership of our Affiliate Programme is terminated for any reason you will receive any unpaid commission registered on your Affiliate Account, UNLESS payment is excluded for any reason set out in the above paragraphs. You will not be entitled to, or have any claim against Rock My Adventure for any sort of compensation.
After the termination of your Affiliate Account neither you nor Rock My Adventure will have any further obligation to the other under these Terms, unless stated otherwise in these Terms.
Privacy and Data Protection
Intellectual Property Rights
All rights, including Intellectual Property Rights, in relation to Rock My Adventure or Helen in Wonderlust Ltd, the products sold on our Website, the content on our Website and all other information and materials which relate to Rock My Adventure and our products are owned by Rock My Adventure.
As an Affiliate, Rock My Adventure allows you non-exclusive, non-transferable, licence for the length of your membership of our Affiliate Programme, to use our Intellectual Property Rights for the purposes of promoting our products in accordance with these Terms.
However, your participation in our Affiliate Programme does not transfer to you any rights in respect of our brand, our trade names or trademarks.
You agree that you will not use any trade names or trademarks which resemble our own trade names or trademarks and which would cause or be likely to cause any confusion or deception to third parties. You also agree that you will not do anything or authorise anyone else to do anything which would or might invalidate, or be inconsistent with, our Intellectual Property Rights.
If any infringement of any of our Intellectual Property Rights comes to your attention, whether actual or threatened, you agree to let us know as soon as you are reasonably able to. You also agree to notify us of any claim by anyone that our products infringe the rights of any other person, and you will, at our request and expense, do anything which may be reasonably required to assist us in relation to any such claim or generally to assist us in maintaining the validity and enforceability of our Intellectual Property Rights.
You agree not to release any Confidential Information, directly or indirectly, to any third party without our written consent to do so, and you will exercise care in protecting our Confidential Information from unapproved use and disclosure.
These confidentiality provisions do not apply to information that is (a) publicly available, (b) obtained by you from third parties without restrictions on how you use that information, (c) independently developed by you without using our Confidential Information, or (d) required to be disclosed by order of a court or other governmental or regulatory body.
Disclosure of our Confidential Information has the potential to cause damage to our business beyond anything that is capable of being valued by money damages. You therefore agree that we will be entitled to injunctive relief and any other remedies available to us in order to enforce these confidentiality provisions.
You indemnify, defend and hold harmless Rock My Adventure and its directors, officers, employees, distributors and agents from and against any and all claims, expenses, wages, lawsuits or other liabilities (including without limitation, reasonable legal fees and court costs) for injury to any person, or for loss or damage to personal property, which arises out of any misrepresentation by you regarding Rock My Adventure or our products, or any other of your activities as a Rock My Adventure Affiliate.
Limitation of Liabilities
We make no warranties or representations (whether express or implied) with respect to the Affiliate Programme or your potential to earn income as an Affiliate, or that our Website will be available or error-free at any time.
We will not be liable for any special, indirect, incidental or consequential damages (including loss of profits) arising from or relating to your membership of our Affiliate Programme, including without limitation damages claimed as a result of our Website or our products being unavailable or not performing for any period of time.
Rock My Adventure’s liability for all claims of any kind arising out of or related to these Terms (including for negligence), whether based on contract, tort or on other legal or equitable grounds, is limited to money damages not exceeding the amount of commission due to you and unpaid at such time and which relates directly to the particular claim.
Nothing in these Terms excludes or limits our liability for death or personal injury resulting from our negligence, for fraud or fraudulent misrepresentation or for anything else it would be unlawful to exclude or limit.
If you wish to give us notice in accordance with any of these Terms, please do so by delivering the notice to us in person, or by sending it by registered post to Rock My Adventure, 353-355 Station Rd, Bamber Bridge, Preston PR5 6EE or by email to [email protected] Any notices from us to you will be sent to the contact email address you have provided in your Affiliate Account details. Notices will be considered to have been given at the time of actual delivery in person, or three (3) business days after posting or one (1) business day after transmission by email.
Changes to These Terms
We may make changes to any of these Terms at any time by posting new or updated Terms onrockmyadventure.com. We will also email any new or updated Terms to you using the contact email address you have provided in your Affiliate Account details. Changes to these Terms may include, without limitation, changes in the way we award commission, fee schedules, payment procedures and Affiliate Programme rules. If any changes we make are unacceptable to you, you will need to terminate your membership of our Affiliate Programme. If you continue to use your unique Affiliate link after we have notified you of new or updated Terms then you will be deemed to have accepted those Terms.
These Terms constitute the entire agreement between you and us with respect to the Rock My Adventure Affiliate Programme, and supersede all other communications between us in relation to your involvement in our Affiliate Programme.
Neither you or we will incur any liability to the other for any loss or damage resulting from a delay or failure to perform any of these Terms (or any part of them) if the delay or failure is caused (whether in whole or in part) by events, occurrences, or causes beyond the control of that party, including without limitation acts of God, strikes, lockouts, global or local pandemics, riots, acts of war, earthquakes, fire and explosions.
These Terms are personal to you as our Affiliate and you may not assign or otherwise transfer any of your rights or obligations to anyone else. These Terms do not create, and shall not be construed as creating, any rights under the Contracts (Rights of Third Parties) Act 1999 enforceable by any third party.
If we agree to waive any of, or any part of, these Terms then that waiver must be in writing to be effective. Any waiver by us of any of, or any part of, these Terms will not be considered a waiver of any subsequent breach of the same or any other provision of these Terms and failure, neglect or delay by you or us to enforce these Terms (or any of them) or any rights or remedies at any time will not be deemed to be a waiver of the rights under these Terms.
These Terms are governed by, and shall be construed in accordance with, the laws of England and Wales, whose courts shall have exclusive jurisdiction.
Thank you for being a Rock My Adventure Affiliate!
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