ScreenCloud Affiliate Program Terms and Conditions
Our Affiliate Partners are important to us and we’ve tried our best to make the process as simple and transparent as possible. As part of this we also need to make sure that our products and brand are managed responsibility and so this document outlines the Terms and Conditions under which we operate the Program.
This document explains what we mean by our Affiliate Programme, the conditions under which we will accept an Affiliate application and how our Affiliate Partners will be paid.
By completing and submitting the Affiliate Program application form you are acknowledging your Acceptance of these Terms and Conditions.
ScreenCloud Affiliate Program Terms and Conditions
- ‘You’ refers to 'the Affiliate', who is the Company who agrees to take part in the Affiliate Program.
- "this Agreement" means the contents of this contract between ScreenCloud and the Affiliate in respect of the Program.
- ‘We’ refers to "ScreenCloud" who is ScreenCloud Limited of (Company No. 09535144 ), whose registered office is at 32-37 Cowper Street, London, EC2A 4AW.
- 'the Site' means the https://screen.cloud website.
- 'the Affiliate Program' means the arrangement that is governed by this Agreement.
- 'the Link' shall mean the HTML link provided from time to time by ScreenCloud to link the Affiliate's website and marketing material to the Site.
2. The Affiliate Program
- 2.1) We may vary, amend or cancel the program at any time. We won’t do it very often if we can help it and we’ll make sure that the revised terms are on our Site.
- 2.2) We love our Affiliates, but our customers need to be crystal clear who they are dealing with. That means that being a member of the Affiliate Program does not mean you can represent yourself as an agent, partner or any other form of associate of ScreenCloud other than as an Affiliate as expressly provided for in this Agreement.
3. Suitability for the ScreenCloud Affiliate Program
- 3.1) We want to develop long-term mutually-beneficial relationships with our Affiliates, but we also need to protect our customers and our brand. We reserve the right to terminate this Agreement and your status at any time if in our opinion, we believe that our customers or our brand may be at risk.
- 3.2) In particular if we in our sole judgement believe your website promotes the sorts of things we think are not nice, ethical or legal. Reasons why we may decide the site is inappropriate include, but are not be limited to:
- 3.2.1) discriminatory, sexually explicit or violent material, or
- 3.2.2) promotion, depiction or containing links to material that promote or depict discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age, or
- 3.2.3) containing unlawful material, this shall include but not be limited to materials that may possibly violate another's intellectual property rights, or
- 3.2.4) containing information regarding, promoting or linking to a site that provides illegal information or promotes illegal activity.
- 3.3) Acceptance into the Program does not mean that we have specifically approved you or your website.
4. Legitimate methods of advertising
- 4.1) It is important to us that our customers and potential customers aren’t spammed or deceived into arriving at our site and so we want to ensure that our Affiliates advertise in an appropriate and responsible way. If we, at our sole discretion suspect that any improper advertising has taken place, we may terminate your Agreement with us at any time. You or others may disagree with our opinion, but we have the final say and, although it isn’t our intention to be unfair about it, we are under no obligation to prove whether our opinion is well-founded or not.
4.2) To give you an idea of the types of advertising we would deem to be inappropriate, we have produced a non-exhaustive list here:
- 4.2.1) the forwarding of any URLs direct to Screen.Cloud (this includes misspells of the ScreenCloud trademark and our domains);
- 4.2.2) forcing cookies through iframes;
- 4.2.3) advertising through third party networks; with the exception of Clause 4.3 below;
- 4.2.4) brand bidding (including misspells) for any form of PPC advertising;
- 4.2.5) including your ScreenCloud Affiliate Link within Unsolicited Commercial Email (UCE) or SPAM;
- 4.2.6) including any of ScreenCloud’s URLs in search adverts;
- 4.2.7) using any creative assets that haven’t been supplied (or approved) by ScreenCloud.
- 4.3) We’re fine about you promoting ScreenCloud through various social media communities, as a limited exception to Clause 4.2.3 above on the condition that you must not create groups or specific web pages in social communities where you are in any way implying that you are an agent, partner or associate of ScreenCloud.
- 4.4) Any sales that have been generated through improper advertising will not qualify for commission or credit from ScreenCloud.
- 4.5) Any Affiliate found to be utilising these or any other improper methods of advertising may be required to pay back any such commission that has been paid by us to them. Our decision not to enforce this right does not represent a waiver of any other rights that it may have under this Agreement.
5. The Procedure
5.1) If, having submitted your application to be an Affiliate, we approve you, we will generate the following for you:
- A unique URL Link to our site that can be shared with your customers
- Banner ads that can be used on your website and on your own website
- 5.2) We reserve the right to change the content and or display of the Link at our sole discretion. The Link will connect your site with the area on our site where your Referral may apply for the ScreenCloud service directly with us.
6. The Payment of Affiliate Commission
- 6.1) Once a customer has arrived at our website having followed the Link, their actions on our website will be tracked for 120 days using a cookie. You will earn commission on their first order that is placed during the 120 day period. ScreenCloud will not be responsible for commissions missed due to the cookie being deleted or blocked or in any other way failing to track the customer from the Link.
- 6.2) affiliates will only earn commission fees only with respect to activity on our site occurring directly through the Link that will appear on their website.
- 6.3) ScreenCloud is under no obligation whatsoever to pay any commission to any affiliate who does not strictly follow this Agreement as published from time to time.
- 6.4) ScreenCloud reserves the right to take legal action against any affiliate that commits fraud, or conspiracy to defraud and to recover any commissions paid to an affiliate which was earned as a result of such fraud. For the purposes of this agreement fraud shall include but not be limited to wittingly violating the terms of this Agreement.
- 6.5) ScreenCloud will only make a payment to the affiliate when the level of commission due at the end of a given calendar month is above the commission balance threshold.
- 6.6) the commission balance threshold for the purpose of this agreement is $25.
- 6.7) ScreenCloud reserves the sole right to change the commission balance threshold at any time it sees fit without the prior the consent of its affiliates. In the event of a commission balance threshold change ScreenCloud shall notify all its affiliates of the change before hand. If any modification to the commission balance threshold or the Agreement as a whole is not acceptable to an affiliate, the affiliate shall be entitled to terminate this Agreement. If a affiliate terminates this Agreement for any reason whatsoever then it shall not be entitled to any commission payments earned after it has terminated this Agreement.
- 6.8) The affiliate's continuing participation in the program constitutes its acceptance of any change to the commission balance threshold or to any other part of this Agreement.
- 6.9) affiliates that exceed the commission balance threshold will automatically be sent a cheque each month. affiliates that do not exceed the commission balance threshold can apply their balance as credit and use it for the renewal of their ScreenCloud accounts or use this credit to purchase new ScreenCloud products or services.
- 6.10) affiliates that do not reach the $25 commission balance threshold in one calendar month will not lose their accrued commission, instead this commission can be used as a credit. Their accrued credit for that particular calendar month will be carried over and applied to the next calendar month, this process shall continue until the client reaches the commission balance threshold when they will be entitled to receive a payment from ScreenCloud.
- 6.11) ScreenCloud will only pay out commissions on sales that are 90 days old.
- 6.12) Commissions for sales over 90 days old will be paid once the $25 threshold is reached.
- 6.13) Commission will be paid out through PayPal. affiliates shall allow up to 10 days to receive their payments through PayPal. It is the sole responsibility of an affiliate to make sure that their contact details are up to date and accurate on the ScreenCloud system in order to facilitate the payment reaching them.
- 6.14) affiliates will only be paid Commissions for the first order made by their referral customer only. Commissions will not be not paid on orders made by existing ScreenCloud customers.ScreenCloud will not pay commission for products that an affiliate purchases for itself through the Link. The ScreenCloud system will simply not recognise this as an affiliate sale. Agencies or affiliates purchasing ScreenCloud through their account for other people are encouraged to contact ScreenCloud directly for information on how they can become eligible for commission.
- 6.15) The rates of commission payable to the affiliate from time to time shall be published on the Site and this shall be included in this Agreement as Schedule 1 to it. Schedule 1 may be amended or varied by ScreenCloud at any time without reference to the affiliate. Any revised rates of commission payment shall take effect from the day that the amended Schedule 1 is published on the site.
7. ScreenCloud's Obligations
- ScreenCloud agrees to undertake the following obligations:
- 7.1) provide all information necessary to allow the affiliate to make necessary the Link from the Screen.Cloud to the affiliate's site,
- 7.2) processing all orders for ScreenCloud products or services placed by a referral following the Link,
- 7.3) tracking the number and amount of relevant sales generated through the Link,
- 7.4) providing information to you regarding commission payments,
- 7.5) credit card authorisations, payment processing, cancellations, returns, and all other related customer service for ScreenCloud for the purpose of our business, and
- 7.6) establishing the commission balance threshold, payment frequency and payouts of earned commissions as contained in Section 6 of this Agreement.
8. The Affiliate's Obligations
- The affiliate agrees to be solely responsible for the following and shall keep ScreenCloud fully indemnified in respect of:
- 8.1) the content of the Affiliate's site or any site that they may be connected to,
- 8.2) any misrepresentation of ScreenCloud or its products or services,
- 8.3) making of any false claims, representations or warranties in connection with ScreenCloud,
- 8.4) ensuring that your site and your products and services that you offer from your site comply with all applicable copyright, trademark, any intellectual property right, Data Protection, anti-spam or any other applicable law,
- 8.5) obtaining permission to use another party's copyrighted or any other proprietary material,
- 8.6) the development, operation and maintenance of the affiliate's site and for all materials that appear on it. For the purposes of this Agreement this shall include but not be limited to, the technical operation of your site and all related equipment; the accuracy and propriety of materials posted on your site; and ensuring that materials posted on your Site do not violate or infringe upon the rights of any third party and are not libellous or otherwise unlawful or illegal. ScreenCloud hereby disclaim all liability for all such matters,
- 8.7) affiliates also agree to indemnify and hold harmless ScreenCloud and their directors, officers, employees, agents, shareholders, partners, members and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, expenses, and costs insofar as such arise out of or are based on, or in any way connected with this Agreement.
- 8.8) complying with all applicable EU, International- and national laws .
- 8.9) the payment of all tax and national insurance payable on any payments made to you by ScreenCloud.
9. Right to Name as a Reference Customer
- 9.1) you willl not create, publish, distribute, or permit any written or graphical material that makes reference to ScreenCloud other than those mentioned in this Agreement or otherwise provided by ScreenCloud, without our prior written consent. We reserve the right to refuse any request for consent under this Agreement.
10. The License
- 10.1) ScreenCloud grants you a non-exclusive, non-transferable, revocable right to access the Screen.Cloud site through the Link only in accordance with the terms of this Agreement.
- 10.2) you cannot modify or change the Link or any other materials provided by ScreenCloud in any way.
- 10.3) ScreenCloud reserves all of its rights in the materials provided and all of its other proprietary rights. ScreenCloud shall be entitled to revoke this license to use the Link or the materials at any time and at its sole discretion.
- 10.4) The licenses described in this Section shall expire upon the termination of this Agreement.
- 10.5) Any inappropriate use of the Link, text, banners or other advertisements not expressly approved of in writing or provided by ScreenCloud may be cause for immediate termination of this Agreement.
11. Terms of the agreement
- 11.1) The terms of this Agreement will begin upon your signup with the program and will end when your affiliate account is terminated.
- 11.2) Upon the termination of this Agreement any commission that has not yet reached the commission threshold shall be turned into credit which can only be used to purchase products or services from ScreenCloud. affiliates that have reached the $25 commission threshold will be paid via paypal fupon the termination of the Agreement subject always to the terms of this Agreement as shall be published from time to time.
- 12.1) ScreenCloud reserves the right to modify or otherwise change the terms of this Agreement at any time as it sees fit. ScreenCloud shall make such modifications by way of publishing revised terms on the Site. affiliates only remedy in the event of revised terms of this Agreement being published shall be to terminate this Agreement. An affiliate shall be deemed to have accepted of any modification to this Agreement as published from time to time.
13. Limitation of Liability
- 13.1) ScreenCloud shall not be liable to the you or to any other person, for indirect, incidental, or special damages, lost profits, loss of goodwill, lost savings, or any other form of consequential damages, regardless of the form of action, even if ScreenCloud has been advised of the possibility of such damages, whether resulting from breach of its obligations under this Agreement or otherwise.
- 13.2) ScreenCloud's entire liability in respect of any liability arising under this agreement will not exceed the total commission fees paid or payable to the affiliate under this Agreement.
- 13.3) we make no warranties, either express or implied, concerning the performance or functionality of the ScreenCloud services, or the program as a whole. This includes but is not limited to the Link or any other affiliate advertisements and hereby expressly disclaims all implied warranties, including warranties of merchantability or fitness for a particular use or purpose.
- 13.4) ScreenCloud shall under no circumstances be liable to the affiliate or to any other person or entity for any loss, injury, or damage, of whatever kind, resulting from or arising out of any mistakes, errors, omissions, delays, or interruptions in the receipt, transmission, or storage of any messages or information arising out of or in connection with the program or ScreenCloud.
14. Governing Law
- 14.1) This Agreement is governed by, and is construed in accordance with the laws of England and Wales.
- 14.2) The Courts of England and Wales shall have jurisdiction to hear any disputes arising from this Agreement.
- 14.3) ScreenCloud shall not be liable for the legality of ScreenCloud service in countries other than the United Kingdom.
- 14.4) affiliates are solely responsible for the legality of the use of the service if the affiliate in question is registered to ScreenCloud service from a country other than the United Kingdom or if the affiliate's website is on a server in a country other than the United Kingdom.
- 15.1) By clicking on the 'submit' icon the affiliate acknowledges that they have read the terms and conditions of this Agreement, understand them and agree to be bound by them.