We are making some changes to our Affiliate Terms and Conditions which will be effective from 15th June 2018. The new terms will replace our current affiliate terms (version 2.3).
The updates are mostly about Data Protection (due to GDPR coming in), however we have also made some changes to the terms in regards to Self Billing and the Definitions list.
Instead of reading the new terms in their entirety though, you can see a summary of the changes here:
Summary of Terms Changes
an operator of a site or traffic source which is part of the Affiliate Network
The legal or natural person to whom the Personal Data refers.
a website visitor of the Affiliate’s website.
5.13 has changed to the following:
5.13 If the Affiliate is VAT-registered, then it agrees to a self-billing arrangement as follows:
5.13.1 The Company shall issue self-billed invoices for all supplies made to it by the Affiliate during the period of this agreement including the Affiliate’s name, address and VAT registration number, together with all the other details required for a valid VAT invoice.
5.13.2 The Affiliate agrees to accept all self-billed invoices issued by the Company during the period of this agreement and that it will not raise any sales invoices for transactions covered by this agreement.
5.13.3 Each party will notify the other promptly in Writing if it changes its VAT number, ceases to be VAT registered or sells all or part of its business.
15.13.4 Any queries in respect of the amount of the invoice must be raised within 7 days of the date the invoice is issued.
There is an entirely new term about Data Protection:
14. DATA PROTECTION
14.1 Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 14.1 is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation.
14.4 Without prejudice to the generality of clause 14.1, the Affiliate will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to the Company for the duration and purposes of this agreement.
14.5 The Affiliate undertakes and agrees to not pass any Personal Data when passing information through Sub ID, Unique ID, Click ID and/or Source ID data fields when using or customising tracking links. If any Personal Data is passed in this way in error, this will be retained in accordance with the Company’s Data Retention Policy.
14.6 Without prejudice to the generality of clause 14.1, the Company shall, in relation to any Personal Data processed in connection with the performance by the Company of its obligations under this agreement:
14.6.1 ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
14.6.2 ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential;
14.6.3 only transfer Personal Data outside of the European Economic Area if the following conditions have been fulfilled:
(a) the Affiliate or the Company has provided appropriate safeguards in relation to the transfer;
(b) the data subject has enforceable rights and effective legal remedies;
(c) the Affiliate complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred;
(d) and the Affiliate complies with reasonable instructions notified to it in advance by the Visitor with respect to the processing of the Personal Data;
14.6.4 assist the Affiliate, at the Affiliate’s cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
14.6.5 notify the Affiliate without undue delay on becoming aware of a Personal Data breach;
14.6.6 at the written direction of the Affiliate, delete or return Personal Data and copies thereof to the Affiliate on termination of the agreement unless:
(a) required by Applicable Laws to store the Personal Data, or
(b) the Personal Data relates to Visitors of the Affiliate Website, which will be retained in accordance with the Company’s Data Retention Policy, a copy of which is available upon request; and
14.6.7 maintain complete and accurate records and information to demonstrate its compliance with this clause 14.6.
14.8 The Company confirms that it will retain any Personal Data it processes on behalf of the Affiliate in accordance with the Company’s Data Retention Policy, a copy of which can be provided upon request.
14.9 The Affiliate may, from time to time, be required to process Personal Data on behalf of the Company. The Affiliate must retain any Personal Data in accordance with the Company’s Data Retention Policy and agrees to the same obligations placed upon the Company by virtue of clauses 14.4 above.
The new term about Data Protection has been added after point 13 in the existing terms. This means the numbering after this term has been updated. This is purely for readability and the terms after this have not been altered.
If you have any questions about these updates please don’t hesitate to contact your account manager or our general support team.