Affiliate Terms & Conditions

The Affiliate Terms & Conditions were last updated on 17/07/2022

1. Introduction

This Agreement contains the complete Terms and Conditions that apply to an individual’s or entity’s participation in FootyLingo Ltd’s Affiliate Programme (the “Programme”). As used in this Agreement, “we” means FootyLingo Ltd, “you” means the applicant, and “Services” means memberships and/or zoom courses offered on the “Website”, meaning https://footylingo.com.

To be a member of the Programme you agree to abide by the Terms and Conditions contained in this Agreement. Please read this Agreement carefully before registering and using this service.

2. Enrolment in the Programme

To begin the enrolment process, you will submit a complete Programme application via our site. You shall provide us with accurate and complete registration information. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (at our sole discretion) that your website or social media channels are unsuitable for the Programme due to the content of your website or social media channels in relation to our audience and subject matter.

3. Linking to our Website

Via the Affiliates Portal we will provide text links, banners and other marketing material that can be added to your website or included as part of social media publications.  You will be solely responsible for properly utilising the link formats.

You further agree not to use the links on any website which sends or posts any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify FootyLingo Ltd against any loss, liability, damage or expense of whatever nature caused by or attributable to such links, whether directly or indirectly.

Any misuse of links, whether it be on inappropriate websites, or ‘spam’ email is not the responsibility of FootyLingo Ltd and any reported misuse will result in expulsion from the Programme.

4. Commissions

Subject to the terms and conditions of this Agreement, you will be paid a commission as set in your unique affiliate portal for any sales to a user who has used your discount coupon code. If it is later found that the customer’s purchase was refunded, we retain the right to withhold any payments to you resulting from that individual’s purchases.

We pay our Affiliates through PayPal or Stripe, so you will need to have either a PayPal account or a Stripe account set up in order to receive payments. We reserve the right to cancel commission payments if we believe that there have been any fraudulent attempts to use the Programme.

We pay commission on the sale price of our products and no commission will be paid on sales taxes paid by the customer. All Affiliate payments are paid gross. It is your responsibility to declare and pay any tax or insurance due on these payments and you indemnify FootyLingo Ltd against any claims, losses, damages or any other liabilities which arise as a result of you not declaring and paying those sums.

5. Policies and Operating Procedures

Customers purchasing services from FootyLingo Ltd through this Programme will be deemed to be customers of FootyLingo Ltd. Accordingly, all FootyLingo Ltd rules, policies, and operating procedures concerning the services will apply to those customers. We may change our policies and operating procedures at any time.

6. Limited License

We grant you a non-exclusive, non-transferable, non-sub licensable, revocable right to use our logos and text for which we grant express permission, solely for the purpose of identifying your site as a Programme participant. All images, logos and text are considered copyright of FootyLingo Ltd and must be obtained through the Affiliate Portal. You agree that you will not engage, participate or otherwise become involved in any activity or course of action that diminishes and/or tarnishes the image and or reputation of FootyLingo Ltd. We may immediately terminate this Agreement and cancel all subscriptions if these terms are broken.

7. Pay Per Click (PPC) Advertising

We do not allow any Pay Per Click (PPC) advertising which either links to our website, or includes the FootyLingo brand name.

8. Illegal Activity and Immoral or Controversial Websites

FootyLingo Ltd takes a zero tolerance policy toward Affiliates using our advertising on websites that support illegal activity of any nature. This rule applies to UK law. Any website that supports illegal activity, even if not directly involved, may be removed from the Programme without prior warning.

Occasionally we may feel the content of a website, although not illegal, is regarded as socially immoral or controversial. In such cases we reserve the right to terminate Affiliate Agreements with immediate effect. Examples of content that fits this category would be:

Pornography, extreme political views or support for extremist activity, sales of illegal drugs. If you think there is a danger of your website being unfairly categorised as controversial, please contact us and we will consider each request separately.

9. Your Responsibility

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. You will indemnify, defend and hold us harmless from all claims, damages, and expenses (including, without limitation, legal fees) relating to the development, operation, maintenance, and contents of your site as well as any goods or services provided or made available by you. These obligations will survive any termination of this Agreement. Any violation of these terms and conditions may cause us to terminate this Agreement.

10. Term

The term of this Agreement will begin upon our acceptance of your application and will end when terminated by either party. Either you or FootyLingo Ltd may terminate this Agreement at any time, with or without cause, by giving the other party written or emailed notice of termination. You are only eligible to earn referral fees on subscriptions occurring during the term of this Agreement. We may withhold your final payment to ensure that the correct amount is paid. Your site is subject to periodic review. If we determine at any point after acceptance into our Programme that your site is not suitable for the Programme, we may unilaterally end the status of your site as an Affiliate.

11. Modification

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a new Agreement on our site. Your continued participation now, or within thirty (30) days following the posting notice of any changes in these terms and conditions, will constitute a binding acceptance by you of such rules, changes or modifications. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the Programme following our modifications will constitute a binding acceptance of the change.

12. Limitation of Liability

We will not be liable for indirect, special or consequential damages (or loss of revenue, profits or data) arising in connection with this Agreement or the Programme, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Programme will not exceed the total Affiliate Referral Fees paid or payable to you under this Agreement.

13. Disclaimers

We make no express or implied warranties or representations with respect to the Programme or any products sold through the Programme including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage. In addition, we make no representation that the operation of our website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

14. Independent Investigation

You acknowledge that you have read this Agreement, have had an opportunity to consult with your own legal advisors if you so desired, and agree to all the terms and conditions set forth herein. You agree that, in interpreting this Agreement, no weight shall be placed upon the fact that this Agreement has been drafted by us, and you shall not assert that this Agreement is unenforceable or invalid on the grounds that it is a contract of adhesion, that it is unconscionable or any similar theory. You understand that we may at any time, directly or indirectly, solicit customer referrals on terms that may differ from those contained in this Agreement or operate web sites that are similar to or compete with your web site. You have independently evaluated the desirability of participating in the Programme and are not relying on any representation, guarantee or statement other than as set forth in this Agreement.

15. Language

This Agreement will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.

16. Choice of Law and Jurisdiction

This Agreement shall be governed by the laws of the United Kingdom. Any disputes relating to this Agreement shall be subject to the jurisdiction of the courts of United Kingdom. If any part or provision of this Agreement is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of this Agreement. The other provisions will not be affected.

17. Contact information

This website is owned and operated by FootyLingo Ltd, a company limited by shares that is registered in England and Wales with the company number 13299472 with the registered office address of 124 City Road, London EC1V 2NX. You may contact us regarding this Agreement through our contact page, by email to info@footylingo.com, or by post to our registered office address.