Thank you for your interest in Dolce Vita Wine Club affiliate program. Our affiliates are very important to us. This agreement is designed to describe some important aspects of the program, and to protect you, Dolce Vita Wine Club and our customers. Please read thoroughly. If you have any questions, please contact us at info@dvclub.co.uk.
Affiliate Agreement
This agreement defines the conditions for participation in the Dolce Vita Wine Club affiliate program. In this agreement, the term “Associate” describes you (the candidate), and “DV Club” describes Dolce Vita Wine Club (legal name DVCLUB LTD), with whom you are entering into this agreement. By joining DV Club associate program you are confirming that you have reviewed the agreement and agree to the conditions.
We keep the right to update as well as change the Terms periodically without notification. These alterations may consist of, but not limited to modifications in the scope of commissions, settlement procedures as well as Associate Program rules. You can view the most recent version of the Terms in this area.
Any type of violation of these Terms might result in, among other points, discontinuation or suspension of your rights to be an Affiliate and loss of any outstanding affiliate commission earned during the violation.
Account Registration & Terms
You should give your full legal name, a valid e-mail address, and any other details requested in order to complete the registration process for an Affiliate account.
You need to be 18 years of age or older to join this Program.
Each account can be used by either a single legal entity (e.g. a company or a collaboration) or a specific user. We do not allow you to share your username and password with any other individual nor with several users on a network. Responsibility for the safety of any kind of usernames as well as passwords stays with you.
You may not use the Program for any kind of unlawful or unapproved purpose. You may not use the Program for any illegal or unauthorized purpose or break any type of legislations in your jurisdiction (including but not limited to copyright legislation).
We reserve the right to accept or decline any Affiliate Program Application in our sole and outright discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.
Referral Links & Promotion
Once you have enrolled in the Program you will be given with a unique URL link that should be utilized to identify you when including a link in your website, email or other communications to DV Club website. It is your responsibility to guarantee each such web link is appropriately formatted.
You may utilise the graphics as well as text message s offered by us in ‘Creatives’ area of Affiliate profile, or you may create your own as long as they are considered suitable according to the conditions and not in breach this Agreement.
Logos cannot be modified.
You will be entirely responsible for the maintenance, operations and development of your website as well as for all materials that show up on your site.
You may not utilise our name or graphics in any kind of mass e-mail whatsoever unless we have given our advance approval to it. We may terminate the Agreement if any meaningful spam complaints naming us or our services arise from your advertising and marketing activities.
Commissions
To receive an Affiliate commission on a sale, the customer has to complete the order including full payment for the product. Commissions will only be paid for sale that are made when the customer clicks through qualified, appropriately structured Associate links. Appropriately coded web links are the sole responsibility of the affiliate.
We will pay commissions only on links that are automatically tracked and also reported by our systems. For our systems to track the referral, the visitor should have cookies enabled. We will not pay commission if someone says they registered through your link however the link is not tracked by our system.
You cannot refer yourself and will not receive commission on your own accounts.
There is a limitation of one commission per referral. If somebody clicks the link on your site as well as orders multiple accounts, you will receive a commission on the first order only. Commission differs depending on the total orders placed by referred customers:
– 5% commission for total orders value ₤ 0- ₤ 2,500.
– 8% commission for total orders value ₤ 2,501- ₤ 5,000.
– 10% commission for total orders value above ₤ 5,000.
The value of the order for commission calculation:.
– Commission is paid on the ‘wine value’ of the order. This includes VAT and excludes delivery.
- If a discount coupon was applied, commission is paid on the wine value after the discount.
- Commission is not paid on ‘Membership’ products.
- Commission is not paid if the order was cancelled, the item was returned, customer payment failed, was charged back due to card issues, the order was duplicated, the item was out of stock.
Commissions can be viewed in the Affiliate Account.
Commission Payment
Payments to Affiliates are processed once per month, within 15 days of the month following the month commissions were earned. For instance, commissions earned on orders places and paid in full by a client in June 2021 will be paid by the 15th of July 2021.
Payments will generally be paid out via Stripe into preferred bank account indicated in the Affiliate profile. If Affiliate fails to indicate their bank details, we will not be able to pay out the commission.
Refunds
In case a customer requests a refund for an order for which the Affiliate has earned and received commissions, any commissions earned on the refund amount will be deducted from the Affiliate’s balance / next commission payment.
Copyright and Trademarks
You are entirely responsible for ensuring that your promotional texts, product descriptions and articles (if relevant) follow all appropriate copyright, trademark, and also various other laws. DV Club will not be liable if you use another party copyright or trademarked material and violate the law.
Termination
Either party can terminate this Agreement immediately without prior notice. Upon Program termination, DV Club will pay any legitimate outstanding commissions.
Your affiliate application and status in the Program may be put on hold or terminated for any one of the reasons below:
– Unacceptable and inappropriate advertising (false claims, misleading hyperlinks, etc.).
– Spamming (mass e-mail, mass newsgroup posting, etc.).
– Advertising on websites containing or promoting illegal activities.
– Violation of intellectual property rights.
– Offering discounts, coupons, or various other form of guaranteed kick-backs from your associate payment as a reward.
– Self referrals, fraudulent transactions, suspected Affiliate fraud.
DV Club has the right to suspend or terminate your account as well as refuse any and all existing or future use of the Program for any kind of reason at any time. Such discontinuation will lead to the deactivation or deletion of your Associate Account, as well as the forfeiture of all potential or accrued commissions in your Account if they were earned via illegal, prohibited, or overly aggressive, questionable sales or marketing methods. Upon the termination of this Agreement for any kind of reason, you will right away discontinue use of, as well as remove from your website, all links to the DV Club website and all our images as well as various other materials provided under the Program.
Relationship of Parties
You and we are independent contractors, and absolutely nothing in this Agreement will create any partnership, joint venture, franchise, sales representative, or work connection between the parties. You will have no authority to make or accept any type of offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that fairly would contradict anything in this Agreement.
Liability
DV Club and any one of its officers, directors, employees, shareholders or agents, exclude all liability and responsibility for any amount or type of loss or damages that might result to you or a third party including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or in connection with this Program.
Events outside our control
We will not be accountable or responsible for any kind of failure to carry out, or delay in performance of, any of our commitments that is caused by events outside our reasonable control (a “Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without restriction) the following:
( a) strikes, lock-outs or other industrial action;
( b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of public or private telecommunications networks;
(e) the acts, decrees, legislation, regulations or restrictions of any government.
Our performance is deemed to be suspended for the period that the Force Majeure Event proceeds, and we will have an extension of time for performance throughout of that period. We will use our reasonable efforts to bring the Force Majeure Event to a close or to discover a solution through which our obligations under this Agreement may be carried out in spite of the Force Majeure Occasion.
Indemnification
Associate will compensate and also hold harmless DV Club and its affiliate and subsidiary firms, officers, directors, staff members, licensees, successors and also assigns, including those certified or licensed by DV Club to transmit and distribute materials, from any all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising from or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.
Governing Law
This Agreement will be governed and enforced in accordance with the regulations of the English law. Disputed arsing in connection with this legal agreement shall be subject to the exclusive jurisdiction of the English Courts.
Arbitration
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in England and Wales.
