You must agree to the following terms and conditions if using the WOW Trk Affiliate Network. www.wowtrk.com & www.wowtrk.co.uk is owned and operated by WOW Media UK Ltd (referred to as ‘WOW Trk’ below).
All websites, newsletters, companies, or individuals need official approval from WOW Trk before they can become an Affiliate Partner. Only websites and newsletters that have been reviewed and approved are permitted to use the programs. Violation of this will result in any commission from websites not approved in your account being deducted.
WOW Trk reserves the right to withhold or refuse approval on any website, newsletter, company, or individual for any reason, whatsoever.
You must be 18 years or older to sign up as a WOW Trk affiliate.
By becoming an affiliate with WOW Trk you will receive emails about the latest news, campaigns, promotions and more. You can unsubscribe from these at any time by clicking the unsubscribe link in the footer of the emails.
Affiliate Fraud
If you fraudulently add leads or clicks or inflate leads or clicks by fraudulent traffic generation (as determined solely by WOW Trk, such as pre-population of forms or mechanisms not approved by WOW Trk), you will forfeit your entire commission for all programs and your account will be terminated. WOW Trk reserves sole judgment in determining fraud, and you agree to this clause.
Commission Payments
The commission payment that is generated to the Affiliate varies per registered subscriber to the programs offered and/or per clicks. This commission payment is made approximately 45 days after the end of the month and after receiving payment from the Advertiser. Payment for Commissions is dependent upon Advertisers providing payment to WOW Trk, and therefore, you agree that WOW Trk shall only be liable to you for Commissions to the extent that WOW Trk has received such funds from Advertisers. You hereby release WOW Trk from any claim for Commissions if WOW Trk has not received payment from Advertisers.
Commission payment totals must exceed £25.00, any balance under £25.00 will be carried over to the next month.
Advertisers Campaigns
Affiliates will only run approved banners and text in their advertising of our programs and will NOT create their own banners or advertising text, unless expressly approved in writing from WOW Trk.
Affiliates WILL NOT spam or send unsolicited email mentioning or promoting the advertisers programs.
Editing of an Advertiser’s program images or copy is strictly prohibited. Affiliate will only use approved banners and text to link to an Advertiser’s sign-up pages. Affiliates will not mislead visitors to make it seem that they are signing up for an offer that is not offered by the Advertisers site.
WOW Trk makes every effort to ensure that payouts for advertiser campaigns are correct, however we accept that mistakes are sometimes identified. Any payout errors will be corrected within 14 days. WOW Trk excludes any and all liability for any payout errors. WOW Trk reserves the right to change the payout of any campaign at any time without prior notice.
Additional terms and rules apply to each campaign to which you agree to comply. If you breach any of these or the campaign restrictions then WOW Trk reserves the right to withhold payment for leads, sales, clicks or other such commissions that you may be entitled to either in full or in part.
You may only direct traffic to the countries specified in each campaign under ‘Countries’. Any traffic sent from other countries will result in the traffic being redirected to landing pages or websites owned by WOW Media UK Ltd. No commission will be paid for traffic sent from countries not specified under the ‘Countries’ section of the campaign.
If you continue to send traffic to a campaign on WOW Trk which has finished, expired or is paused the traffic may be sent to another advertiser offer of WOW Trk’s choosing which you will earn commission for as normal for that specific campaign.
You acknowledge and agree that a Advertiser has the right to cancel any commission payment to You within 10 Business Days from the month end of the transaction occurring, for reasons including, but not limited to, an order/lead being incomplete or should the Advertiser reasonably believe the transaction to be fraudulent or otherwise invalid.
We reserve the right to terminate any campaign with 24 hours notice. Any traffic sent after the expiration of this notice period will not attract payment.
Self Billing Agreement
If you are VAT registered then as part of this agreement you also agree to a self billing arrangement between your organisation and WOW Media UK Ltd (WOW Trk).
The self biller (the customer) agrees:
- To issue self-billed invoices for all supplies made to them by the self billee (the supplier) until the termination of this agreement as detailed below.
- To complete seld-billed invoices showing the supplier’s name, address and VAT registration number, together with all the other details which constitute a full VAT invoice.
- To make a new self-billing agreement in the event that their VAT regsitration number changes.
- To inform the supplier if the issue if self-billed invoices will be outsourced to a third party.
The self-billee agrees to:
- To accept invoices raised by the self biller on their behalf until this agreement is terminated.
- Not to raise sales invoices for the transactions covered by this agreement.
- To notify the customer immediately if they:
- change their VAT registration number;
- cease to be VAT registered; or
- sell their business, or part of their business
Termination of Agreement
The term of this Agreement will begin upon our acceptance of your Affiliate application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn referral fees on sales occurring during the term.
Cause for terminations include:
- Use of unsolicited email/spam to promote advertisers campaigns
- Any attempted fraud
If you or WOW Trk terminate your account ‘without cause’ then you will have the opportunity to cash-out. i.e. any and all commissions outstanding during the agreements term will be paid. IF the amount owing is below the standard minimum payment level of £25 this will be subject to a check processing fee of £10.
Limitation of Liability
You guarantee that all content, products, and services on your website are legal to distribute and that you own or have the legal right to use any and all copyrighted material.
Affiliate irrevocably covenants, promises and agrees to indemnify WOW Trk and to hold WOW Trk harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, arising from any and all claims and lawsuits for copyright, slander, libel, and trademark violation as well as all other claims resulting from member’s web pages.
WOW Trk gives no warranty, express or implied, for any and all services and products provided, including, but not limited to, warranty of merchantability and warranty of fitness for a particular purpose. This statement expressly includes any reimbursement for losses of income due to disruption of service by WOW Trk or its upstream providers.
You agree to settle any dispute under this agreement under the laws of the United Kingdom.
Any legal action taken by an advertiser, agency, client, person, or entity against WOW Trk for actions of you (the Affiliate) that violate these terms and conditions, you accept that WOW Trk will work with the advertiser, agency, client, person, or entity to divulge your personal information. You also agree that WOW Trk is not liable for your actions, and you will bear all costs (legal or otherwise) that WOW Trk incurs if WOW Trk is sued by advertiser, client, agency, person, or entity.
Modification of Agreement
WOW Trk reserves the right to change any conditions of this agreement at any time. Change notices are sent to Affiliates by email, and Affiliates are responsible for complying with any changes to the contract within 10 calendar days from the date of change. Failure of the Affiliate to terminate the agreement within those 10 calendar days will constitute acceptance of the changes to this contract.
Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules.
Any changes or modifications made will be in ‘good faith’, the agreement will not be altered to purposely avoid paying affiliates due commissions .
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Miscellaneous
This agreement is governed by English law and any dispute connected with this agreement is subject to the exclusive jurisdiction of the English courts. If any provision of this agreement shall be held or made invalid or unenforceable by a court decision, statute, rule or otherwise, the remaining provisions of this agreement shall not be affected thereby.
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
WOW Trk will not be liable for any delay or failure to perform any obligation under this Agreement due to any event beyond our reasonable control, including but not limited to, earthquake, fire, flood or any other natural disaster, labour dispute, riot, revolution, terrorism, acts of restraint of government or regulatory authorities, failure of computer equipment and failure or delay of services and platforms used to operate our electronic media.