The purpose of the Top Fashion18 affiliate programme is to reward Affiliates for any new customers that they refer to Top Fashion18 by properly advertising the topfashion18.com domain through legitimate methods.
By clicking on the ‘start earning now’ icon you agree to abide by the terms and conditions detailed in this Agreement.
This Agreement contains the complete terms and conditions that apply to your participation as a member of the Top Fashion18 Affiliate Programme. This Agreement constitutes the entire agreement between Top Fashion18 and the Affiliate and any pre-existing agreement or arrangement between Top Fashion18 and the Affiliate shall be terminated forthwith upon completion of this Agreement, save that any outstanding commissions owed to you prior to the revocation of your affiliate status will be credited to the Affiliate’s account and can be used to purchase Top Fashion18 products or services.
Your Acceptance of these terms and conditions will be indicated by clicking on the ‘start earning now’ icon.
Top Fashion18 Affiliate Programme Terms and Conditions
1. Definitions
“this Agreement” shall mean the contents of the contract between Top Fashion18 and the Affiliate in respect of the Programme.
“Top Fashion18” shall mean SISZ Limited of (Company No. 09084090), whose registered office is at Unit 4, Phoenix House, 100 Brierley Street, Bury, BL9 9HN.
‘the Site’ shall mean topfashion18.com website.
‘the Programme’ shall mean the affiliate Programme as set out on the Site and that is governed by this Agreement.
‘the Link’ shall mean the HTML link provided from time to time by Top Fashion18 to link the Affiliate’s website to the Site.
‘the Affiliate’ shall mean the party who agrees to take part in the Programme.
2. The Programme
2.1) The Programme shall be the affiliate programme as set out on the Site from time to time.
2.2) Top Fashion18 is entitled to vary, amend or cancel the Programme without giving notice to the Affiliate. Top Fashion18 may make any such change by publishing any revised terms on the Site.
2.3) The Programme is expressly a business-to-business relationship and both Top Fashion18 and the Affiliate enter into it in a business capacity and not as a consumer.
2.4) The Programme does not entitle the Affiliate to represent themselves as an agent, partner or any other form of associate of Top Fashion18 other than as an Affiliate as expressly provided for in this Agreement.
3. Suitability for the Top Fashion18 Affiliate Program
3.1) Top Fashion18 reserves the right to terminate this Agreement and the Affiliate’s status at any time for any reason whatsoever at its sole discretion.
3.2) In particular if Top Fashion18 deems that the Affiliate’s website is inappropriate for the Programme then this Agreement shall be terminated. The Affiliate’s website may be deemed inappropriate if in the view of Top Fashion18 it contains, promotes or contains links to sites that are:
3.3) discriminatory, sexually explicit or violent material, or
3.3) promote, depict or contain links to material that promote or depict discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age, or
3.4) contains unlawful material, this shall include but not be limited to materials that may possibly violate another’s intellectual property rights, or
3.5) contains information regarding, promotes or links to a site that provides information or promotes illegal activity, or
3.6) for any other reason that is deemed by Top Fashion18 (at its sole discretion) to be unsuitable.
3.7) Upon Clicking on the ‘start earning now button’ you are automatically accepted on the Programme. Top Fashion18 reserves the right to withdraw Affiliate status at anytime after you have been accepted onto the Programme for any reason that Top Fashion18 deems relevant. Acceptance into the Programme does not mean that Top Fashion18 has specifically approved the Affiliate or its website.
4. Legitimate methods of advertising
4.1) In order to receive commission’s for referring customers to Top Fashion18, the Affiliate must engage in proper advertising. Affiliates found to be engaging in improper advertising shall have their agreement terminated and their affiliate status revoked. Top Fashion18 shall be the sole and absolute arbiter of what constitutes proper advertising.
4.2) A non-exhaustive list of examples of improper advertising shall include but not be limited to:
4.2.1) the forwarding of any urls direct to topfashion18.com (this includes misspells of the above trademark domain); and
4.2.2) forcing cookies through iframes;
4.2.3) advertising through third party networks; with the exception arising from Clause 4.3 below;
4.2.4) brand bidding (including misspells) for PPC advertising,
4.2.5) including your Top Fashion18 affiliate link within Unsolicited Commercial Email (UCE) or SPAM,
4.2.6) including any of Top Fashion18 url in search adverts.
4.3) Affiliates are permitted to promote Top Fashion18 through various social media communities, as a limited exception to Clause 4.2.3 above. However, Affiliates are not permitted to create groups or specific web pages in social communities whereby they purport or hold themselves out to be representatives of Top Fashion18.
4.4) Top Fashion18 reserves the right to conclude that you have engaged in an improper method of advertising according to our standards, at our sole discretion. We may come to such a conclusion even if it is based upon our opinion or mere suspicion or belief and is without any duty on Top Fashion18 to prove that our opinion or suspicion is well-founded; and even if our opinion is proven not to be well-founded or if other hosting/domain name companies have not deemed it to be an improper method of advertising.
4.5) Any Affiliate found to be adopting improper methods of advertising for the purpose of the Programme shall be deemed to have been in breach of this Agreement and shall have their Affiliate status revoked. Such an Affiliate will therefore immediately cease in being an Affiliate of Top Fashion18.
4.6) Any sales that have been generated through improper advertising will not qualify for commission or credit from Top Fashion18.
4.7) 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 Top Fashion18 to them. If Top Fashion18 elects not to enforce this right it shall not be deemed to be a waiver of any other rights that it may have under this Agreement.
5. The Procedure
5.1) Subject to the terms of this Section, we will provide to you all Links, and any related banners, graphics, or text advertisements necessary to promote and offer the Top Fashion18 Services to your site’s visitors and/or its members. The Top Fashion18 link may contain any picture, text, logo, graphic, that maybe be attributed with Top Fashion18.
5.2) Top Fashion18 reserves the right to change the content and or display of the Link from time to time in our sole discretion. The link will connect your site with the area on our site (the landing page) where your referral may apply for Top Fashion18 products directly with us. The presence of the Top Fashion18 link on your site will serve to identify you as a member of our Affiliate Programme.
6. The Payment of Commission
6.1) Once a customer has arrived at our website having followed the Link, their actions on our website will be tracked for 30 days using a cookie. You will earn commission on their first order that is placed during the 30 day period. Top Fashion18 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) Top Fashion18 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) Top Fashion18 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) Top Fashion18 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) Top Fashion18 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 Top Fashion18 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 an 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.
6.7) The Affiliate’s continuing participation in the Programme constitutes its acceptance of any change to the commission balance threshold or to any other part of this Agreement.
6.8) 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 Top Fashion18 accounts or use this credit to purchase new Top Fashion18 products or services.
6.9) 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 Top Fashion18.
6.10) Top Fashion18 will only pay out commissions on sales that are 60 days old.
Commissions for sales over 60 days old will be paid once the £25 threshold is reached.
6.11) Cheques shall be sent to Affiliates by post. Affiliates shall allow up to 28 days to receive their cheques. It is the sole responsibility of an Affiliate to make sure that their contact details are up to date and accurate on the Top Fashion18 system in order to facilitate the cheque reaching them.
6.12) In the event that an affiliate has not received their cheque after 28 days or their cheque has gone astray, Top Fashion18 will reissue the Affiliate’s cheque provided that the missing cheque has not been cashed.
6.13) All missing cheques must be followed up within six months of the date of their issue. All payments due from missing cheques that have not been brought to the attention of Top Fashion18 within six months shall be deemed to have been forfeited by the Affiliate.
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 Top Fashion18 customers.Top Fashion18 will not pay commission for products that an Affiliate purchases for itself through the Link. The Top Fashion18 system will simply not recognise this as an Affiliate sale. Web agencies or resellers purchasing domains or products through their account for other people are encouraged to contact Top Fashion18 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 Top Fashion18 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. Top Fashion18’s Obligations
Top Fashion18 agrees to undertake the following obligations:
7.1) provide all information necessary to allow the Affiliate to make necessary the Link from the topfashion18.com to the Affiliate’s site,
7.2) processing all orders for Top Fashion18 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 Top Fashion18 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 Top Fashion18 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 Top Fashion18 or its products or services,
8.3) making of any false claims, representations or warranties in connection with Top Fashion18,
8.3) 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,
8.4) obtaining permission to use another party’s copyrighted or any other proprietary material,
8.5) 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. Top Fashion18 hereby disclaim all liability for all such matters,
8.6) Affiliates also agree to indemnify and hold harmless Top Fashion18, its parent company, sister companies, subsidiaries and affiliates, 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.
8.7) complying with all applicable EU- and national laws and regulations in force from time to time this shall include, but not be limited to, the EU-directive 2002/58/EC, and
8.8) the payment of all tax and national insurance payable on any payments made to you by Top Fashion18.
9. Right to Name as a Reference Customer
9.1) Affiliates shall not create, publish, distribute, or permit any written or graphical material that makes reference to Top Fashion18 other than those mentioned in this Agreement or otherwise provided by Top Fashion18, without the prior written consent of Top Fashion18.Top Fashion18 reserves the right to refuse any request for consent under this Agreement.
10. The License
10.1) Top Fashion18 grants to the Affiliate a non-exclusive, non-transferable, revocable right to access the topfashion18.co.uk site through the Link solely in accordance with the terms of this Agreement. This license shall be used solely in connection with the Link, and it will extend to the use of our logos, trade names, trademarks and similar identifying material relating to Top Fashion18 and which Top Fashion18 shall provide to the Affiliate, for the sole purpose of establishing the Link to topfashion18.co.uk so customers can purchase Top Fashion18 products and services.
10.2) Affiliates cannot modify or change the Link or any other materials provided by Top Fashion18 in any way.
10.3) Other than establishing the Link, the Affiliate shall not make any use of any of the licensed materials noted in the aforementioned paragraph provided by Top Fashion18 without first obtaining the prior written consent of Top Fashion18. Affiliates shall not use the Licensed Materials in any manner that is inappropriate or that is in any way detrimental to the Top Fashion18 brand or any other brands.
10.4) Top Fashion18 reserves all of its rights in the materials provided and all of its other proprietary rights. Top Fashion18 shall be entitled to revoke this license to use the Link or the materials at any time and at its sole discretion.
10.5) The licenses described in this Section shall expire upon the termination of this Agreement.
10.6) Any inappropriate use of the Link, text, banners or other advertisements not expressly approved of in writing or provided by Top Fashion18 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 Programme 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 Top Fashion18. Affiliates that have reached the £25 commission threshold will be paid a cheque upon the termination of the Agreement subject always to the terms of this Agreement as shall be published from time to time.
12. Modification
112.1) Top Fashion18 reserves the right to modify or otherwise change the terms of this Agreement at any time as it sees fit. Top Fashion18 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) Top Fashion18 shall not be liable to the Affiliate 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 Top Fashion18 has been advised of the possibility of such damages, whether resulting from breach of its obligations under this Agreement or otherwise.
13.2) Top Fashion18’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) Top Fashion18 makes no warranties, either express or implied, concerning the performance or functionality of the Top Fashion18 services, or the Programme 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) Top Fashion18 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 Programme or Top Fashion18.
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) Top Fashion18 shall not be liable for the legality of Top Fashion18 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 Top Fashion18 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. Acceptance
15.1) By clicking on the ‘start earning now’ icon the Affiliate acknowledges that they have read the terms and conditions of this Agreement, understand them and agree to be bound by them.
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