ABMM Ltd trading as ThatPosition reserves the right to amend and update these Terms and Conditions at any time giving notice of when changed terms when in an email/newsletter to all affiliates.
For the purpose of the below ABMM Ltd will be referred to as ThatPosition
This Agreement shall come into force upon your acceptance as an Affiliate and shall remain in effect until terminated.
The Affiliate is entitled to terminate this Agreement with immediate effect at any time. The Affiliate must cease to use all supplied media immediately upon the termination of this Agreement and delete all links to that ThatPosition Websites and, for the avoidance of doubt; the Affiliate shall not be entitled to receive any Commission on any Referrals made 30 days after the termination date.
ThatPosition is entitled to terminate this Agreement and/or suspend the Affiliate from ThatPosition program at any time, giving reasonable notice where possible. In the event of Affiliate fraud or suspected criminal activity the Merchant is entitled to terminate and/or suspend the Affiliate from their Program without any notice.
The Affiliate shall acquire no rights following the termination of this Agreement to use Intellectual Property Rights of ThatPosition including domain names or any text, or images, banners or any other works created by or for ThatPosition.
ThatPosition will make payments to affiliates 30 days after they have made a sale or action that would result in being paid.
Payment will be made 30 days after the action that resulted in sale/sales, to the affiliates chosen bank account that will be supplied to by the affiliate to ThatPosition when registering up to ThatPosition’s affiliate program.
It will be the responsibility of the affiliate to make sure that his/her payment details are kept up to date, any changes will require the affiliate contacting ThatPosition to make the appropriate changes with immediate affect .
Any account that has had no activity (clicks, sales etc.) for a period of 6 calendar months will be deemed to be abandoned and ThatPosition will closed.
Affiliates will receive payment for any action that is payable in the 30 day payment program outlined in section 2.1 Payment Model.
In the event of a system problem at the ThatPosition site that you have not had prior warning about it will be up to the sole discretion of ThatPosition as to what compensation if any is to be paid. No compensation will be made for clicks or sales from the time ThatPosition has made due notice of the problem via Email.
ThatPosition will provide the affiliate with a unique tracking number upon acceptance to the ThatPosition affiliate program. The unique tracking number will identify sales that have derived from said unique number and monies will be paid accordingly. Cookies are used to track affiliate sales, cookies will last 30 days in the web browser of the user. ThatPosition will not be responsible if the user is to delete his/her cookies before the laps of the agreed 30 days, nor will That Position be responsible for the use of other devices, or web browsers used by the user to purchase if the user did not come from the affiliate on said device or browser.
In the event of any Affiliate fraud, all transactions in the Affiliates account will be reversed. In addition ThatPosition may recover any payments made before fraud has been detected. We also reserve the right to take legal or criminal action against the companies and individuals involved.
In the event of suspected fraud, payment to an Affiliate's account will be stopped and the Affiliate will be asked to provide additional information as to how they have been promoting ThatPosition to ascertain where any rules or program terms may have been broken. Failure to comply will result in monies being withheld and the Affiliate's account being terminated.
ThatPosition have an automated email system for affiliates informing them in real time when a sale/commission has been made. Included will be a payment date for the affiliate.
Any Affiliate outside of the United Kingdom to whom we pay regular or one off large sums of money may be asked to provide information in compliance with Money Laundering Regulations. Failure to comply will result in monies being withheld.
The Affiliate is responsible for the payment of all tax and national insurance payable on any payments made to him/her by ThatPosition.
The Affiliate confirms to Paid ThatPosition that the Affiliate is not a private individual less than 18 years of age. If you are under 18 years old ThatPosition will NOT accept the individual on the its affiliate program.
The Affiliate shall keep ThatPosition indemnified against any claims for damages or other claims for compensation arising from the contents of the Affiliate's website or any incorrect information given to ThatPosition by the Affiliate. The Affiliate shall also compensate ThatPosition for any other damages or costs caused by the Affiliate's improper, negligent or unauthorised use of ThatPosition service and technical problems or loss of data caused by the Affiliate on ThatPosition website or on any website to which the Affiliate is linked by ThatPosition.
ThatPosition shall not be liable to the Affiliate for defects in the service, interruptions in the accessibility to the service, infringements on data or loss of data on the information handling system, defects in the security system or viruses or other harmful software components, loss of profits, contracts, loss of reputation, loss caused by any third party deleting, removing, deactivating or tampering with the Affiliate Tracking Service or other indirect or consequential loss whether arising from negligence, breach of contract or whatsoever.
The Affiliate is solely responsible for his/her website and all its contents and shall ensure that they conform at all times to all applicable laws and regulations. If the Affiliate is based outside of the United Kingdom then they must also undertake to ensure their website is compliant with the laws of the United Kingdom.
The Affiliate shall not use his/her links with any website/service that is not registered with or notified ThatPosition. Updates or changes to these terms or restrictions will be notified by ThatPosition via email/newsletter.
The Affiliate must not in any way generate or contribute to generating Artificial Traffic to ThatPosition.
The Affiliate should not use any means of artificial traffic to gain sales commission, this includes the use of software or products that alter fellow Affiliates link codes or intercept click through traffic from the affiliate to the merchant's site.
The Affiliate may not use links to ThatPosition software programs. Any Affiliates using programs to promote merchants ThatPosition should be aware that they could be removed without notice.
ThatPosition owns all copyrights, trademarks, intellectual property rights, know-how or any other rights connected to the service or software necessary for the service. The Affiliate does not acquire any rights or licences whatsoever under this Agreement other than to use links ThatPosition on the terms of this Agreement.
The Affiliate name and web address etc will be securely held at ThatPosition. This information will be for the sole purpose of the affiliate agreement and in relaying information regarding affiliate matters of payment, changes, updates, offers, news letter etc.
ThatPosition may contact the Affiliate by email, telephone or post for feedback relating to the service including any ways in which it might be improved both for the network and for the individual Affiliate.
ThatPosition shall not be liable for the legality of ThatPosition service in countries other than the United Kingdom. The Affiliate is solely responsible for the legality of the use of the service if the Affiliate is registered to ThatPosition 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.
Our Packaging Promise - All packages are completely discreet. The only details on the outside are your address and our postage return address - there is no mention of the package contents or the website where you purchased.