Find My Man and Van - Affiliate Terms and Conditions
These Terms & Conditions apply to participants in the findmymanandvan.co.uk Affiliate Programme (the "Programme").
In these Terms & Conditions, "Company", "we", "us", and "our" means Find My Man and Van a company registered in England & Wales whose registered office is
at Find My Man and Van, International House, 24 Holborn Viaduct, London, EC1A 2BN
In these Terms & Conditions, "Affiliate", "you" and "your" means the individual or organisation that is applying to become a participant in the Programme
and who will accept these Terms & Conditions upon joining the same.
By accepting these Terms & Conditions you agree to be bound by them and shall enter into a binding agreement with us (the "Agreement").
1. Definitions and Interpretation
1.1 In these Terms & Conditions the following terms shall have the following meanings:
" means any day other than Saturday or Sunday that is not a bank or public holiday;
" means the date of your acceptance;
" means the percentage of commission paid on net sales revenue set out in Sub-clause 11.2;
" means all business, technical, financial or other information created or exchanged between the Parties in the
course of fulfilling their obligations under the Agreement;
" means the Term that the Parties may be in at any given time;
" means a sale of a man and van booking to a customer who uses your unique affiliate code;
"Intellectual Property Rights
" means any rights subsisting in a copyright work, trade mark, patent or design and shall be construed in
with the Copyright Designs and Patents Act 1988, Trade Marks Act 1994 and Patents Act 1977;
"Registered Email Address
" means the email address of the Company/Individual as provided in the Affiliate members area or the email address
Affiliate as provided in your Registration Data;
" means the information provided by the Affiliate when registering for enrolment in the Programme;
"Man and Van Booking
" means a paid-for booking that has been completed by the allocated driver and where that driver has recieved full payment of any outstanding balance, made through our website as defined in Clause 7;
"Man and Van Booking Deposit
" means the 20% deposit paid to us when a Man and Van Bookingis made as defined in Clause 7; and
" means the term of the Agreement, as defined in Clause 17 of these Terms & Conditions, during which you shall participate in the
under the terms and conditions set out in the Agreement.
2. Enrolment in the Programme
2.1 By enrolling in the Programme you agree that, at the time of registration, you will provide accurate and complete Registration Data and that you shall inform us of any changes in your Registration Data.
2.2 Upon your acceptance of these Terms & Conditions, subject to our approval and sub-clause 2.4 below, you will be sent these terms and conditions via email.
2.3 We may, at our sole discretion, review any website where you are advertising us, following your acceptance of these Terms & Conditions. Following your acceptance of these Terms & Conditions, you will receive a welcome email confirming your unique affiliate code and an online account will be created immediately giving you access to tracking and payment details.
2.4 We may, in our sole discretion, choose to reject any application for any reason (and are under no obligation to disclose such reasons). Reasons for which an Application may be rejected include, but are not limited to, content on your website that:
2.4.1 is in any way unlawful, harmful, threatening, obscene, harassing, discriminatory, defamatory or otherwise objectionable;
2.4.2 facilitates or promotes violence, terrorism, or any other criminal activity;
2.4.3 is sexually explicit; or
2.4.4 infringes or assists or encourages the infringement of any intellectual property rights belonging to any party.
3. Company / Affiliate Relationship
3.1 Nothing in these Terms & Conditions shall constitute, or be deemed to create, a partnership between the Parties; nor, except as expressly provided, shall it designate, or be deemed to designate, any Party the agent of any other Party for any purpose.
3.2 Subject to any express provisions to the contrary in these Terms & Conditions, you shall have no right or authority to and shall not do any act, enter into any contract, make any representation, give any warranty, incur any liability, assume any obligation, whether express or implied, of any kind on our behalf or bind us in any way.
4. Website Links
4.1 If you are linking to our website you must link using the code provided by us, this contains your unqique referral code. Any other links will not be counted as referrals and will not be counted towards commision.
4.2 Under no circumstances may any of our graphics be used without permission. Any graphic files provided by us must not be modified in any way without our prior written authorisation. You may not use graphic files of your own to link to our site.
4.3 All graphic files that we may provide for use as links may be displayed throughout your website as you deem appropriate. We reserve the right to request the alteration or removal of a link from your website.
4.4 You are required to assume full responsibility to maintain all links to our website from your website.
5. Site Maintenance and Content
5.1 Each Party shall be exclusively responsible for maintaining and updating its own website. Subject to the provisions of this Clause 5 and Clause 14 below, neither Party shall have any obligations to the other Party in relation to the maintenance or content of their website.
5.2 Subject to Sub-clause 5.3 of these Terms & Conditions, neither Party may host any content that:
5.2.1 is in any way unlawful, harmful, threatening, obscene, harassing, discriminatory, defamatory or otherwise objectionable;
5.2.2 facilitates or promotes violence, terrorism, or any other criminal activity;
5.2.3 is sexually explicit; or
5.2.4 infringes or assists or encourages the infringement of any intellectual property rights belonging to any party.
5.3 Neither Party shall be under any obligation to pre-screen any content added to their website by third parties; however in the event that either Party receives from the other a written notification of any content that falls within that described in Sub-clause 5.2 of this Agreement, such content must be removed within 2 Business Days of receipt of such notice.
6. Display of Company Information
6.1 As an affiliate, you are free to display offers and other information relating to our services. It is your responsibility to keep such information up-to-date through your own efforts; we will not provide pricing information updates to you.
6.2 We reserve the right to alter pricing and offers etc. at any time in accordance with our own policies.
6.3 Company name, website name and affiliate codes are not permitted to be used within any webpages. Affiliate Referrals should be known to the affiliate. If affiliates are found to be using SEO or their codes appear in google (search engine) for any promotional, discount or special offer search terms by the browsing public, we will decline those affiliate payments.This includes posting codes on review websites. Our scheme is to reward customers by referring family and friends or websites recommending our service without using SEO.
7. Man and Van Bookings
7.1 We provide man and van bookings through our website, available at different prices depending on information supplied by the customer.
8. Customer Referral Requirements
8.1 A customer referral is deemed to be validated once the booking has been completed. This requires the work to be completed by the driver and the remaining balance for the work to have been paid by the customer.
8.2 Any additional payments by the customer after the original purchased service packages, are not valid for commission - this includes (but is not limited) job overruns, additional mileage charges, delays etc.
8.4 Commission is only due on the deposit element of any man and van booking - completion payments from clients are not valid for affiliate commission. The comission rate is 10% of such deposits.
8.5 Commission will be made to the affiliates registered paypal address on the 1st if each month for all referred Man and Van Bookings that fulfill the criteris laid out in these terms.
8.6 We reserve the right to alter such terms & conditions at any time and will provide 7 Business Days' written notice to you of any such alteration.
9. Man and Van Bookings
9.1 We undertake to use our best and reasonable endeavours to process and fulfil all Man and Van bookings placed by referred customers generated by affiliates.
9.2 We reserve the right to reject any orders that do not comply with the customer referral requirements detailed in Clause 8 of these Terms & Conditions.
9.3 It shall be our full responsibility to ensure that all orders are completed and that the provision of services is undertaken in accordance with our Service Level Agreements. We shall be responsible for order entry, payment processing, cancellations and all subsequent customer service. You shall have no further involvement with the customer or the completion of the transaction and all customers will be made aware of the same.
9.4 In the event a Man and Van booking is cancelled, either by the booking client or by ourselves, the affiliate commission for that man and van booking will not be valid.
10. Affiliate Sales Reporting
10.1 We will track the following elements of all sales:
10.1.2 Service Package selected; and
10.1.3 revenue generated.
10.2 Full reports of all sales generated will be available in your Affiliate members area. We reserve the right to alter the form and content of such reports without notice.
11. Commission and Referral Fees
11.1 You will be paid commission at the rates set out in Sub-clause 11.2 on the net revenue minus vat of sales generated.
11.2 Commission shall be calculated on the following basis:
11.2.1 All validated sales that result from Direct Referrals will attract a commission of 10%.
11.3 In the event that a customer does not use your affiliate code, no commission will be paid.
11.4 Commission shall be calculated only once the booked driver has received payment in full from the customer for the completed job. Only once payment has been received in full will sales be logged in your Affiliate members area.
11.5 Commission shall be paid to you on the 1st of the qualifying month for validated customers.
11.6 In the event of any refunds issued for any reasons including, but not limited to fraud and where such refunds are not incurred through any fault of ours, you may be contacted to arrange for the repayment of any related commission.
11.7 Any and all commission paid to you shall be based on sales revenue less any tax due; however you may still be liable to pay tax on your commission. By accepting these Terms & Conditions you hereby acknowledge that you are solely responsible for the payment of tax on any income you may generate through your involvement in the Programme.
11.8 We reserve the right to modify our Commission Rates at any time. You will be given 7 Business Days' prior written notice (the "Notice Period") of any such change. You will be given the option to opt out of the Programme within the Notice Period and will, on the exercise of that option, be paid any Commission due to you [notwithstanding the total commission earnings requirement set out in Sub-clause 11.6 above].
11.9 A valid working Paypal email address is a condition of payment and if we receive bounced emails the account will be removed and payments anulled.
12. Trade Marks
12.1 Upon your entry into the Programme, we shall grant to you a non-exclusive, non-transferrable, royalty free licence to use our trade marks, such trade marks being detailed in Schedule 1 to the Agreement
12.2 You may use our Trade Marks only to the extent required to establish links and perform your obligations as an Affiliate under these Terms & Conditions.
12.3 In the event that you wish to use our Trade Marks for any purposes outside of these Terms & Conditions you must not do so without prior written consent, such consent not to be unreasonably withheld.
12.4 By accepting these Terms & Conditions you hereby agree that:
12.4.1 our Trade Marks shall remain the property of Find My Man and Van unless and until we assign those marks to a third party;
12.4.2 nothing in these Terms & Conditions shall be deemed to confer any ownership rights in our Trade Marks on you; and
12.4.3 you shall not contest the validity of our trade marks.
13. Intellectual Property
13.1 Unless otherwise expressly indicated we are the sole and exclusive owners of all Intellectual Property Rights ("IPRs") in our website including, but not limited to: all code, text, sound, video, graphics, photographs and other images that form a part of the site. We shall also be the sole and exclusive owners of all IPRs which may subsist in any supporting documentation which shall include, but not be limited to, site plans, maps, design sketches and other preparatory material.
13.2 We shall be the sole and exclusive owners of all IPRs which may subsist in all future updates, additions and alterations to our website, such material including any supporting documentation.
14. Affiliate Warranties and Indemnity
14.1 In accepting these Terms & Conditions you hereby warrant and acknowledge that:
14.1.1 Your website (if applicable) does not and will not contain any content that:
a) is in any way unlawful, harmful, threatening, obscene, harassing, discriminatory, defamatory or otherwise objectionable;
b) facilitates or promotes violence, terrorism, or any other criminal activity;
c) is sexually explicit; or
d) infringes or assists or encourages the infringement of any intellectual property rights belonging to any party.
14.1.2 Your website (if applicable) is and shall remain functional and, subject to the provisions of Clause 19 of these Terms & Conditions, reasonable downtime for maintenance or third-party access restrictions, accessible to all users of the internet;
14.1.3 All necessary authorities, consents and approvals have been obtained in respect of your obligations under these Terms & Conditions and will remain valid and effective throughout the Term;
14.1.4 Your obligations under these Terms & Conditions shall constitute legal, valid and binding obligations on you. Such obligations shall be direct, unconditional and general obligations; and
14.1.5 You will not refer to us in any way in any unsolicited bulk email campaigns or other spamming practices that you may conduct.
14.2 By accepting these Terms & Conditions you agree that you shall indemnify us in full against all liability, loss, damages, costs and expenses (including legal expenses) awarded against or incurred or paid by us as a result of, or in connection with:
14.2.1 breach of any warranty given by you in relation to your website;
14.2.2 any claim that your website (if applicable) infringes the patent, copyright, trade mark or other intellectual property rights of any other person, except to the extent that the claim arises from compliance with any terms stipulated by us; and
14.2.3 any act or omission by you or your employees, agents or sub-contractors in performing your obligations under these Terms & Conditions.
15.1 We make no warranty or representation that our website, the Programme, or Service Packages sold through the Programme will meet your requirements or those of your visitors, that they will be of satisfactory quality, that they will be fit for a particular purpose, that they will not infringe the rights of third parties, that they will be compatible with all systems, that they will be secure and that all information provided will be accurate.
15.2 We make no guarantee of any specific results from the use of our website or from enrolment in the Programme.
15.3 We make no guarantee that our website shall remain functional and accessible to all users of the internet.
16.1 We shall not be liable to you for any indirect or consequential loss that you may suffer even if such loss is reasonably foreseeable or if we have been advised of the possibility of such loss being incurred.
17. Term and Termination
17.1 These Terms & Conditions and The Agreement shall come into force and become binding on the Commencement Date and shall continue in force for a period until it is ended by either party
17.2 Either Party may terminate the Agreement by giving 7 Business Days' prior written notice to the other:
17.2.1 at any time where the other Party has committed a material breach of these Terms & Conditions or the Agreement and such breach has remained unremedied 7 Business Days after receiving written notice of that breach; or
17.2.2 if the other Party enters into liquidation whether compulsory or voluntary (except for the purposes of bona fide reconstruction or amalgamation with the prior written approval of the other Party), or compounds with or makes any arrangement with its creditors or makes a general assignment for the benefit of its creditors, or if it has a receiver, manager, administrative receiver or administrator appointed over the whole or substantially the whole of its undertaking or assets, or if it ceases or threatens to cease to carry on its business, or makes any material change in its business, or if it suffers any analogous process under any foreign law.
17.3 Upon the termination of the Agreement for any reason, you shall remove the links established under these Terms & Conditions.
17.4 Upon the termination of the Agreement for any reason, all licenses granted shall also terminate.
17.5 In the event that we terminate the Agreement in accordance with Sub-clause 17.2.1, any Commission owed to you at that time shall be forfeited.
18.1 Each Party (a "Receiving Party") shall keep the Confidential Information belonging to the other Party (a "Supplying Party") confidential and secret and shall not use or disclose or make the Confidential Information available, directly or indirectly, to any person other than its officers and employees who need the Confidential Information to enable the Receiving Party to perform its obligations under these Terms & Conditions and provided that such officers and employees are also obliged to keep such Confidential Information confidential and secret. The foregoing obligations shall not apply to any information acquired by the Receiving Party which:
18.1.1 at the time of its acquisition was in the public domain; or
18.1.2 at a later date comes into the public domain through no fault of the Receiving Party.
18.2 Each Party hereby agrees and undertakes:
18.2.1 that all Confidential Information shall be and shall remain at all times the sole and exclusive property of the Supplying Party;
18.2.2 that its right to use Confidential Information shall wholly cease upon the termination of the Agreement; and
18.2.3 to return to the Supplying Party on termination of the Agreement all material embodying Confidential Information (including information stored on digital media) or any part thereof and all copies thereof.
19. Force Majeure
Neither Party to these Terms & Conditions shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to, power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
The Parties agree that, in the event that one or more of the provisions of these Terms & Conditions is found to be unlawful, invalid, or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms & Conditions. The remainder of the Terms & Conditions shall be valid and enforceable.
Unless otherwise stated in these Terms & Conditions, the Parties agree that all notices to be served under the Agreement shall be in writing and may be sent by email to the other Party's Registered Email Address with a hard copy of the same to be sent by first class post to the addresses detailed at the head of these Terms & Conditions.
22. Entire Agreement
22.1 These Terms & Conditions shall embody and set forth the entire agreement and understanding between the Parties and shall supersede all prior oral or written agreements, understandings or arrangements relating to the Programme or the relationship between the Parties. Neither Party shall be entitled to rely on any agreement, understanding or arrangement not expressly set forth in these Terms & Conditions, save for any representation made fraudulently.
22.2 Unless otherwise expressly provided elsewhere in these Terms & Conditions, the Agreement may be varied only by a document signed by both of the Parties.
23.1 No Waiver
The Parties shall agree that no failure by either Party to enforce the performance of any provision in these Terms & Conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms & Conditions. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
The relationship between the Parties shall be and shall remain non-exclusive. Both parties are free to enter into similar relationships with other parties.
You may not assign any or all of your rights or obligations under these Terms & Conditions or the Agreement without our prior written consent, such consent not to be unreasonably withheld.
24. Dispute Resolution (Arbitration)
It shall be agreed that where any dispute or difference relating to the Agreement or these Terms & Conditions arises between the Parties that matter shall be referred to the arbitration of a single arbitrator to be agreed between the Parties.
25. Law and Jurisdiction
25.1 These Terms & Conditions and the Agreement shall be governed by the laws of England and Wales.
25.2 Any dispute between the Parties relating to the Agreement shall be fall within the jurisdiction of the courts of England and Wales.