1. INTERPRETATION
1.1 In these Merchandise Website Affiliate Program Terms (“Terms”):
1.1.1. “Affiliate” shall mean the party who has signed up for and been accepted for the Affiliate Program, whose main role is to attract and show potential customers the value of the products available from or through the Merchandise Website. The terms “You” and “Your” also refer to an Affiliate;
1.1.2. “Affiliate Link” shall mean a unique link provided by Us to each Affiliate, which can be used by the Affiliate to promote the Merchandise Website. Except as stated herein these Terms, any order placed through an Affiliate Link will be a Referral Order;
1.1.3. “Affiliate Coupon” shall mean a code provided by Us to each Affiliate, which can be used by the Affiliate to promote the Merchandise Website. Except as stated herein these Terms, any order placed using an Affiliate Coupon will be a Referral Order;
1.1.4. "Affiliate Program" shall mean the program described in and governed by these Terms;
1.1.5. “Affiliate Registration Form” shall mean the form that must be completed by anyone wishing to sign up to the Affiliate Program, which can be accessed at: https://af.uppromote.com/d67b7d/register;
1.1.6. "Commission" shall mean the amount earned by an Affiliate from Referral Orders;
1.1.7. "Content" shall have the meaning given to the term in Clause 6.2;
1.1.8. “Cookie” shall mean a small data file placed on a device or computer, which will often include an anonymous identifier. Cookies are created when a user's browser loads a particular website. The website sends information to the browser which then creates a text file. Every time the user goes back to the same website, the browser retrieves and sends this file to the website's server;
1.1.9. “Cookie Period” shall mean a period of time determined by Us and stated in the Affiliate Registration Form, or as subsequently amended by Us in Our sole discretion;
1.1.10. “CSE” shall mean Crypto Saving Expert Limited, a company registered in England and Wales under company number 14574785, whose registered office is at 7 Victoria Road, Tamworth, Staffordshire, United Kingdom B79 7HS. The terms “We”, “Us” and “Our” also refer to CSE;
1.1.11. “CSE Marketing Material” shall mean content produced by CSE and made available to Affiliates via a public Google Drive, for use in Promotional Content;
1.1.12. "Merchandise Website" shall mean Our merchandise website which can be accessed here: https://cryptosavingexpert.store;
“Payment Method” shall mean the means by which You receive Commission from Us;
1.1.13. “Promotional Content” shall mean any content published by You via any medium to attract and show potential customers the value of the products available from or through the Merchandise Website, including but not limited to Affiliate Links, Affiliate Coupons, Merchandise Website link, Affiliate generated content and CSE Marketing Material;
1.1.15. “Referral Order” shall mean any order made through an Affiliate Link, or within a specified period of clicking on an Affiliate Link, except where otherwise excluded in these Terms;
1.1.16. “Return Period” shall mean a period of 30 days from the date on which an order is delivered, or such other period as stated in Our Returns Policy, which can be accessed at: https://cryptosavingexpert.store/pages/returns-policy;
2. INTRODUCTION
2.1. These Terms detail and govern Your access to, and participation in, the Affiliate Program. The Terms incorporate other terms and conditions that apply to You:
2.1.1. Our Privacy Statement, which can be accessed here; and
2.1.2. Our Cookie Policy, which can be accessed at here.
2.2. The Merchandise Website and the Affiliate Program are operated and maintained by CSE.
2.3. You should read these Terms carefully. They contain important information relating to Your participation in the Affiliate Program. If you sign up to the Affiliate Program, you irrevocably agree to be bound by the Terms posted on the Merchandise Website at the time you sign up, and by any changes made thereto. If you do not agree to the Terms, you should not participate in the Affiliate Program.
2.4. CSE reserves the right, at any time and in its absolute and sole discretion, to amend the Terms, or any part of them, without prior notice or reason. You agree to be bound by any such amendments immediately upon the revised Terms being posted on the Merchandise Website, and you should check the Terms regularly so as to ensure you remain familiar with them.
2.5. You can contact Us at any time via e-mail at contact@cryptosavingexpert.com.
3. ACCOUNT AND TERMINATION
3.1. If you wish to become an Affiliate, you should complete the Affiliate Registration Form and follow the onscreen instructions. You will become an Affiliate from the point We confirm this to you by e-mail, at which point your Affiliate account will be active.
3.2. In submitting an Affiliate Registration Form, you warrant and represent that you are permitted to do so within the terms of your local jurisdiction, you are capable of entering into and performing legally binding contracts and that all the information you provide is accurate and complete, and will be kept up to date. If We have terminated any account of yours, or We have banned you from using the Merchandise Website or participating in the Affiliate Program, you must not use the Merchandise Website or seek to join or rejoin the Affiliate Program.
3.3. You alone are responsible for all activity under Your Affiliate account. We will not be responsible in any way if Your account and/or password is accessed or misused by a third party. It is Your responsibility to keep Your password secure and You agree to do so at all times.
3.4. Unless You enter into a separate agreement with Us to the contrary, and then solely in accordance with the terms of such agreement as determined by CSE, You will not set up multiple Affiliate accounts. You will not lend, transfer or sell Your Affiliate account or any information relating thereto to a third party, and You must not use the Affiliate account of a third party without their prior written consent.
3.5. CSE may from time to time contact You regarding the administration of the Affiliate Program via the e-mail address provided in Your Affiliate Registration Form. You cannot opt out of such non-marketing correspondence and it is Your responsibility to ensure We have Your up-to-date e-mail address. If You fail to receive any communications as a result of an incorrect, out-of-date or incomplete e-mail address, CSE will not be liable for any losses or damages caused by Your failure to receive such communications.
3.6. You agree that You alone are responsible for obtaining, maintaining and paying for any services required in order to access the Merchandise Website and participate in the Affiliate Program.
3.7. Your Affiliate status can be terminated at any time by either You or Us. If You wish to terminate Your Affiliate status You should contact Us by e-mail. If We terminate Your Affiliate status, We will contact You via the e-mail address provided in Your Affiliate Registration Form.
3.8. Upon termination, in the event of Your breach of these Terms, the payment of Commission to You shall terminate immediately. If You terminate, any Commission owed to You by Us will be paid in accordance with these Terms.
3.9. Upon termination for any reason, by either party, all rights and licences granted in these Terms shall cease immediately and You shall not publish any further Promotional Content.
4. COMMISSION AND PAYMENT
4.1. If Your application is successful You will be taken to Your Affiliate dashboard within Your Affiliate account, where You should select Your Payment Method from the options available. Until You have selected a Payment Method, We will be unable to pay any Commission to which You are entitled.
4.2. Except as stated to the contrary herein, Commission shall be earned at a rate of 10% (ten per cent) on all Referral Orders. The Affiliate Program utilises a Cookie in order to track people who have clicked on Your Affiliate Link or used Your Affiliate Coupon; as such, they need to be using Cookies for Us to track them. If a person doesn't allow Cookies or clears their Cookies then We are unable to track them and cannot pay Commission on that person's activity. The Cookie Period will start from the time a customer clicks on the Affiliate Link or uses an Affiliate Coupon. Unless otherwise stated herein these Terms, every Referral Order made by that same customer within the Cookie Period will automatically earn Commission for the Affiliate.
4.3. Notwithstanding anything to the contrary herein these Terms:
4.3.1. any order which is subsequently cancelled by any party for any reason, shall not constitute a Referral Order; and
4.3.2. any order for items, some or all of which are returned to Us, shall only constitute a Referral Order to the extent of the items which are not returned; and
4.3.3. no Commission shall be paid in respect of cancelled orders or returned items.
4.4. Commission will be paid manually using Your chosen Payment Method. Payment will be made as soon as reasonably practicable following the expiry of the Return Period.
5. FULFILMENT AND CUSTOMER INFORMATION
5.1. We, or Our appointed agent, are solely responsible for the fulfilment of orders and processing of goods offered on the Merchandise Website, which shall be governed by the:
5.1.1. Terms of Use, which can be accessed here;
5.1.2. Terms of Sale, which can be accessed here; and
5.1.3. Shipping Policy.
5.2. You understand and agree that We do not currently ship to:
Afghanistan, Belarus, Burundi, Bonaire, Cambodia, Central African Republic , Cuba, Democratic Republic of Congo, Guadeloupe, Iran, Iraq, Kosovo, Lebanon, Libya, Mali, Martinique, Myanmar, Nicaragua, North Korea, Northern Marianas Islands, Oaxaca Region of Mexico, Pakistan, Réunion, Russia, Somalia, South Sudan, Sudan, Gauteng Province of South Africa, Syria, St. Barthélemy, St. Martin, St. Pierre and Miquelon, Ukraine, Venezuela, Yemen, Zimbabwe.
Any orders from these territories will be cancelled and will not constitute Referral Orders.
5.3. Any returns will be dealt with in accordance with our Returns Policy, which can be accessed here.
5.4. All information regarding orders and customers is the sole and exclusive property of CSE and will not be disclosed to You.
6. LIMITED LICENCE RIGHTS
6.1. Rights not expressly granted to Affiliates by the Terms are reserved by CSE and its third-party service providers and owners, if applicable.
6.2. The content included on the Merchandise Website and any CSE Marketing Material (together, the “Content”) is copyrighted and/or trademarked in favour of CSE, or its licensors and suppliers. Affiliates accept that the Content is the product of considerable time, effort, skill, knowledge and money on the part of CSE and others on their behalf, and thereby constitutes valuable intellectual property of CSE. Affiliates agree to protect the proprietary rights of CSE and others at all times, and will comply with all requests made by CSE in writing to protect its’ and others’ rights of whatsoever nature in the Content.
6.3. Subject to the Terms and Your compliance with the Terms, CSE grants You a licence to the extent necessary to enable You to make reasonable use of the Content. Such licence is limited, personal, non-exclusive, cannot be sub-licenced and applies solely to Your use of the Content to attract and show potential customers the value of the products available through or from the Merchandise Website. Save for the licence outlined in this Clause, You have no other rights to or in the Content.
6.4. For the avoidance of doubt, Affiliates shall not: copy, alter, amend, modify, duplicate, reproduce, publish, share, recreate, sell, licence, trade, lend, allow access to, exploit or use the Content in any way or for any purpose, save as provided in these Terms.
6.5. In the event:
6.5.1. of breach of any of the Terms by an Affiliate; or
6.5.2. of a party ceasing to be an Affiliate for any reason;
the licence referred to in Clause 6.3 will terminate immediately.
7. PROHIBITIONS
7.1. In addition to the prohibitions referred to in Clauses 6.3 and 6.4, You agree not to:
7.1.1. amend or remove any copyright, disclaimer or other similar notice contained in the Content;
7.1.2. use the Content or any part of it, or any trademark, service mark, logo or trading name of CSE other than in Promotional Content;
7.1.3. do anything that may interfere with, or compromise, the Content, its speed, availability or quality;
7.1.4. do anything in an attempt to circumvent any measures put in place to limit or prevent access to the Content;
7.1.5. attempt, by any means, to gain unauthorised access to the Content, or any systems or servers connected thereto;
7.1.6. do anything which impairs another Affiliate’s use of the Content;
7.1.7. introduce any form of malware, virus, Trojan horse, worm or time bomb to the Content, or make any attempt by any means to circumvent any measures put in place to prevent high volume requests for information;
7.1.8. introduce to, or facilitate the distribution through the Merchandise Website, of anything which seeks to interfere with, collate, or disclose any data or other personal information of CSE, users of the Merchandise Website or any other party;
7.1.9. use the Content in any way which violates any applicable law or regulation in any way or involves the proceeds of any unlawful act.
8. OWNERSHIP OF THE CONTENT
8.1. Subject to these Terms, Affiliates are permitted to use the Content as outlined in Clause 6. All other uses of the Content and any part thereof are prohibited, save with the express written consent of CSE. Should You wish to seek such permission, please contact legal@cryptosavingexpert.com.
8.2. All Content is owned or controlled by CSE. This includes, without limitation, Our logo, slogans, trading names and domain names, registered designs, unregistered design rights, service marks, database rights and those of Our suppliers or licensors, which are either registered or common law trademarks, which cannot be used in any way save as provided in these Terms, without prior written consent from either CSE or the holder of the relevant trademark. Also included within this prohibition, is the look and feel of the Merchandise Website. Any other registered or common law trademarks, company or product names, and logos referenced in the Content belong to their respective owners. Reference to any or all of the same is not indicative of any form of endorsement, partnership or recommendation by CSE.
8.3. Any known or suspected breach of CSE’s intellectual property rights shall be reported to CSE at legal@cryptosavingexpert.com.
9. PROMOTIONAL CONTENT
9.1. Subject to the following, You are permitted to publish Promotional Content:
9.1.1. Promotional Content must not contain anything which We, in Our sole discretion, consider to be unlawful, libellous, defamatory, threatening, abusive or in any way inappropriate;
9.1.2. Promotional Content and the location of its publication must not do anything which We, in Our sole discretion, consider will be in anyway damaging to the reputation or goodwill of CSE;
9.1.3. You must not do anything which We, in Our sole discretion, consider may create the impression that You or any other party and any activity You might be engaged in, is in any way related to, associated with, approved or endorsed by CSE.
9.2. We may, in Our sole discretion and at any time, without prior notice, withdraw Our consent to post Promotional Content. In the event that We do so, You may no longer link to the Merchandise Website, and Your Affiliate Link or Affiliate Coupon must be removed as soon as possible, in any event within three (3) working days of the date of Our notice requiring You to do so.
10. REPRESENTATIONS AND WARRANTIES
10.1. You represent and warrant that:
10.1.1. You are legally capable and authorised to act as an Affiliate;
10.1.2. If You represent an entity, all actions necessary to authorise You to act as an Affiliate have been taken;
10.1.3. Promotional Content shall not:
10.1.3.1. depict anyone less than the age of 18;
10.1.3.2. contain any information You know or suspect to be false or misleading;
10.1.3.3. contain or transmit any apps or programs that can be downloaded by a third party, without their knowing consent of the exact nature, purpose and function of the app or program;
10.1.3.4. use Our name in a form of unsolicited communication, including spam.
11. DISCLAIMERS AND LIABILITY
11.1. The Content is strictly for the sale or promotion of Our merchandise only. No part of the Content shall constitute, and You shall not construe it as, any form of offer of any currency, security, financial instrument or digital asset, or as investment or financial advice or recommendations by CSE, including whether to purchase or invest in any currency, security, financial instrument, service or digital asset, or any investment strategy to be relied upon.
11.2. The Content may contain errors and omissions. CSE does not guarantee or warrant the accuracy, completeness, safety, security, timeliness, integrity or availability of the Content and will not be liable for any errors or omissions of the Content.
11.3. CSE makes no representations or warranties as to the suitability of the Content for any purpose, that it will be uninterrupted and available at all times or that they will be compatible with any software, system or device used in order to gain access. CSE gives no warranty of any kind regarding the Content.
11.4. CSE makes no representations and disclaims all warranties that the Content is free of bugs, viruses, Trojan horses or other harmful components.
11.5. CSE disclaims all warranties, implied warranties and conditions regarding the Content, merchantability, fitness for any purpose, title, interests and infringement.
11.6. To the extent permitted by the applicable law, CSE neither accepts nor assumes any liability or responsibility for any:
11.6.1. errors or omissions of any Content or part thereof;
11.6.2. property damage or business interruption resulting from or in any way connected to the Affiliate Program;
11.6.3. unauthorised access to or use of the Content;
11.6.4. interruption or cessation of the the Merchandise Website;
11.6.5. transmission of any bugs, viruses, Trojan horses or other harmful components that may be transmitted through the Content by any third party;
11.6.6. loss or damage resulting from any reliance on the Content;
11.6.7. defamatory, offensive or unlawful conduct by any third party.
11.7. In no circumstances will CSE, its directors, officers, employees, shareholders, agents, sub-contractors, consultants, representatives, partners, advisers or affiliates and permitted successors or assigns be liable for any indirect, punitive, incidental, special or consequential losses or damages, or damages for loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of or damage to goodwill, loss of opportunity, loss of use of money, loss of time, damage to reputation, loss of or corruption of software, data or information, arising out of or in any way connected to the Affiliate Program, Your access to, or use of, the Content or to any delay in or inability to access, view or use the Content; any computer viruses, bugs, Trojan horses or other harmful components, information, software, related services, products or services accessed or obtained through the Content; or arising out of participation in the Affiliate Program, howsoever caused, and whether based on an action in negligence, contract, tort, strict liability or otherwise, whether or not CSE was aware or should have been aware of the possibility such damages may result.
11.8. In no circumstances will CSE, its directors, officers, employees, shareholders, managers, agents, contractors, consultants, partners, third party service providers, affiliates, permitted successors and assigns, be liable for any claims, proceedings via any forum, liabilities, damages, losses, obligations or costs, of any nature whatsoever, in excess of 100GBP. This limitation is based on the allocation of risk as between the parties. In the event that any limitation is found not to apply or is ineffective for any reason, the remaining limitations set out in these Terms will survive.
11.9. It is accepted by CSE that in some jurisdictions, exclusions or limitations of liability in respect of incidental or consequential damages are not permitted at law. As such, some of the limitations and exclusions set out in this Clause may not apply to You, and Your rights may vary from jurisdiction to jurisdiction. Any exclusions or limitations will only apply to the extent permitted by the applicable law.
12. INDEMNIFICATION
12.1. Unless prohibited under the applicable law, You shall indemnify, defend and hold harmless CSE, its directors, officers, employees, shareholders, managers, agents, contractors, consultants, partners, third party service providers, affiliates, permitted successors and assigns from and against any and all actual or threatened claims, proceedings, suits and actions by any third parties, and any and all liabilities, damages, losses, judgments, costs and expenses (including any reasonable legal fees), arising out of, or in any way connected with or relating to:
12.1.1. Your use or misuse of, or access to the Content, participation in the Affiliate Program or publication of Promotional Material;
12.1.2. Your failure to comply with the Terms, or any part of them;
12.1.3. Your failure to comply with any applicable law, regulation or rule;
12.1.4. any claim that any:
12.1.4.1. information or data provided by You to CSE ;
12.1.5.1. Promotional Material published by You,
in connection with the Affiliate Program, caused damage to, infringed upon, misappropriated or in any way violated the rights of any third party, including but not limited to any third party intellectual property rights and privacy rights or publicity; and/or
12.1.5. any dispute whatsoever that You may have with a third party relating to or in connection with the Affiliate Program.
12.2. In the event of any matter subject to indemnification by You, CSE reserves the right, at its own cost, to take over the control and defence, and You agree to cooperate fully with CSE in asserting any defences available, in respect of such matter.
13. AMENDMENT/SUSPENSION/TERMINATION OF THE CONTENT
13.1. CSE reserves the right, at any time and in its absolute and sole discretion, to amend, in whole or in part, suspend or terminate the Content or any part of it, without prior notice or reason. In the event of such amendment, suspension or termination, We shall have no liability to You or any third party.
14. NO JOINT VENTURE
14.1.You accept and agree that no joint venture, agency, partnership or employment relationship exists between You and CSE and/or any of its partners, associates or affiliates in light of the Terms or any participation in the Affiliate Program.
14.2. You have no authority to and shall not enter into any agreements or obligations which You claim to be binding upon CSE.
15. TAXES
15.1. You are solely responsible for any taxes or tax related implications which arise out of or are in any way related to the Affiliate Program. In no circumstances will CSE be liable for Your taxes.
16. NO ASSIGNMENT
16.1. Neither these Terms, nor any rights or licences granted hereunder, can be assigned or transferred by You; they can, however, be assigned by CSE in its sole discretion and without restriction or reason. You hereby accept and agree that any attempt by You to assign or transfer these Terms or any such rights will be null and void.
17. ENTIRE AGREEMENT
17.1. The Terms (and any other terms, policies or agreements referred to herein) contain the whole agreement between You and CSE relating to the Affiliate Program, and supersedes any and all prior discussions, arrangements or agreements that might have taken place in relation to thereto. Nothing in this Clause limits or excludes any liability for fraud or fraudulent misrepresentation.
17.2. You hereby accept and agree that a printed version of the Terms and any notices or communications given in electronic form shall be deemed admissible as evidence in any legal or administrative proceedings relating to the Terms or such other notices or communications.
18. RIGHTS AND REMEDIES
18.1. The rights and remedies available to CSE and set out in the Terms apply in addition to any other rights and remedies which might otherwise exist. In the event of any breach of the Terms by You or a third party:
18.1.1. CSE may seek to rely on any rights or remedies whatsoever available at law or in equity;
18.1.2. CSE may terminate, suspend or block Your access to the Content or any part of it; and
18.1.3. You will be considered in breach of contract.
18.2. CSE reserves the right, but is under no duty, to investigate any actual, alleged or suspected breach of the Terms or misuse of the Content, or of any law, rule or regulation, and you hereby accept and agree that We have the right to report any activity, data, persons, findings or otherwise to, to provide information without any limitation relating to You and Your use of the Content, and to cooperate with, any:
18.2.1. law enforcement agencies or authorities;
18.2.2. internal and external administrators of internet services, networks or other computing facilities; and
18.2.3. third party service providers and/or vendors.
18.3. You further hereby accept and agree that CSE may disclose any information which We, in Our sole discretion, consider We need to provide in order to comply with any applicable law, regulation, injunction or other legal process or governmental or regulatory request.
19. LAW AND JURISDICTION
19.1. The Terms will be governed by, and construed in accordance with, the laws of England and Wales and all disputes arising under the Terms or Your participation in the Affiliate Program (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
20. COMPLIANCE
20.1. We, the Terms and the Merchandise Website are subject to all applicable laws, rules, regulations and legal process, and nothing in the Terms shall prevent or limit Our right to comply with such laws and legal process, or any enforcement of, or requests, relating thereto.
20.2. To the extent permitted by applicable laws, rules and regulations, You hereby agree to bring any claim or cause of action arising out of, or in connection with, the Affiliate Program, within two (2) years of the date on which such claim or cause of action arose. In the event of Your failure to do so, You also hereby agree that any such claim or cause of action will be irrevocably waived.
21. WAIVER
21.1. If We do not insist that You perform any of Your obligations under these Terms, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You or that You do not have to comply with those obligations.
22. NO ASSIGNMENT
22.1. Neither these Terms, nor any rights or licences granted hereunder, can be assigned or transferred by You; they can, however, be assigned by CSE in its sole discretion and without restriction or reason. You hereby accept and agree that any attempt by You to assign or transfer these Terms or any such rights will be null and void.
23. ACTS OF GOD, WAR AND TERRORISM
23.1. CSE shall not be liable for any failure or delay in the performance of its obligations under the Terms, arising out of or caused directly or indirectly by anything outside of its control, including but not limited to any strike, work interruption, explosion, accident, any act of war or terrorism, civil or military uprising or disturbance, pandemic, epidemic, nuclear or natural disaster, act of God (including but not limited to fire, flood, drought, storm and earthquake), collapse of buildings, and any interruption, loss or malfunction of any utilities, communications, computer systems or services, software or hardware, or any action taken by a governmental or public authority.
24. SEVERABILITY
24.1. Should the Terms or any part or provision herein, including but not limited to, the Disclaimers and Liability Section, and any other warranty, disclaimer or limit of liability, be determined invalid or unenforceable under any applicable law, they shall be deemed superseded and replaced by valid and enforceable provisions that, to the greatest extent possible, fulfil the purposes and intent of the invalid or unenforceable provisions. Furthermore, any such invalid or unenforceable terms shall be deemed severable, and shall not impact the validity or enforceability of any other provisions.
24.2. In addition, and without prejudice to the foregoing Clause, some jurisdictions may impose limitations on the exclusion or limitation of implied warranties, or liability for incidental or consequential damages, and may also provide additional rights over and above those referred to in the Disclaimers and Liability Section. As such, some or all of the limitations provided in the Disclaimers and Liability Section may not apply to You, or may be superseded wholly or partially by local law.
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