Ambassadors / Affiliates Terms and Conditions
Terms and Conditions
Affiliate = Brand Ambassador
Unless explicitly authorised otherwise by Watermans Corporate Enterprises Limited, T/A Watermans, the following Programme restrictions apply:
Affiliates are not permitted to purchase, own or bid on any domain names with the word 'Watermans Hair' or misspellings of 'Watermans Hair' in the URL. For example, www.WatermensHair.com.
Affiliates must not include Watermans Brand Terms, or misspelt variations of the same, in the subdomain of their website’s URL (for example: http://WatermansHair.affiliate.com).
Affiliates may use correctly spelt Watermans Brand Terms after the domain of their website’s URL (for example, http://www.affiliate.com/WatermansHair).
Commissions will not be paid where there is evidence of any paid search activity on brand terms without prior authorisation. This includes permutations, misspellings and broad matches containing brand terms (generic is fine).
Do not make social media accounts such as Instagram or Facebook pages that directly or imply the Watermans name.
No Coupon / Voucher Sites
Do not list your affiliate links on coupon sites, every click from your links are tracked showing the referral website. If we come across your link on a coupon, voucher, discount site your account will be instantly terminated.
Restrictions include, but are not limited to the following:
Watermans Hair offers
Watermans Hair Vouchers
Watermans Hair Voucher codes
Watermans Hair discount codes
Watermans Hair codes
Any Watermans Product Names
Watermans encourages affiliates to contact us for exclusive voucher/discount codes and additional incentives.
Affiliates may only promote codes that are provided through the Watermans affiliate programme (either through our account or directly from Watermans Affiliate Manager).
Watermans reserve the right to withhold payment of commission if unauthorised voucher codes are used in an affiliate sale. We appreciate that consumers may use voucher codes that they have found via a site other than that which is awarded the sale and this will be investigated before decisions on commission payment are made. Any affiliate found to be displaying unauthorised codes may also have their commission set to zero until the code(s) are removed.
Where voucher codes are issued with an expiry date this should be clearly displayed, and codes should be removed or explicitly marked as expired after this date unless you are advised otherwise. Any affiliates displaying expired codes without marking them as being expired may be suspended from the programme. Please also ensure that you observe the IAB voucher code best practice guidelines.
Publishers are only allowed to promote codes which are available within the affiliate channel. This includes onsite codes, codes which have been uploaded to the WATERMANS interface, codes from affiliate newsletters or codes which have been communicated to the publisher directly. The promotion of personal referral codes is not allowed.
All affiliate sales are de-duplicated against other online advertising channels using a local cookie on the merchant platform. De-duplication channels include :
• PPC Brand
• PPC Generic
• Email Advertising
• Direct Partnerships
• Price Comparison
• Display & retargeting advertising
• Other Affiliate Networks
• In house referrer scheme (further details on this can be found below)
The In House Referrer Scheme
Existing customers who have already purchased from Watermans will be sent an email explaining the referral scheme and how they can earn credit from driving new customers to the site.
- Existing customer logs into their account on Watermans and goes to referral section.
- Existing customer creates link to Watermans to share on social media.
- New customer clicks on that link and makes first purchase on Watermans either by entering referral code at checkout or after an automatic discount has been applied after clicking on a referral link.
- Existing customer receives credit to spend on Watermans as a reward.
All referral sales will be de-duped against affiliate sales and there will be a slight change to the usual last-click method of tracking in certain circumstances:
- If a new customer uses a referral code or link then clicks an affiliate link (within 30 minutes of the first click), this sale will be attributed to the referral scheme
- If an affiliate link is used 30 minutes or more after the referral link is clicked and no referrer code is redeemed then the affiliate will still be awarded the last click and receive commission for this sale
Note: Whenever a referrer code is used, the sale will not track via affiliates.
Please note that we work exclusively with a number of CSS partners. Any new CSS partners who join the programme need to have the approval from Watermans before beginning bidding otherwise commission may be declined and you may be suspended from the programme.
Please ensure you are using Watermans feeds only & not scraping the Watermans sites.
We pay our Ambassadors Affiliates through PayPal, so you will need to have a PayPal account set up in order to receive payments. Please ensure that the PayPal email address listed on your account is correct so that we can make payments to you when they are due. If the address is incorrect then payments will not reach you so it is your responsibility to update your PayPal email address if you change it.
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 Watermans against any claims, losses, damages or any other liabilities which arise as a result of you not declaring and paying those sums.
Relationship Between Affiliates and Watermans
Neither you nor we are the agent or partner of the other. You agree that you will not at any time promote yourself as an agent or employee of Watermans.
You also agree that you have no authority to enter into any contract on behalf of Watermans or to bind Watermans in any way, and you will not make any representation or indication that you are acting on behalf of, or are in any way capable of binding, Watermans.
Your Obligations as a Watermans Ambassador Affiliate
You agree that you will:
(a) follow our reasonable instructions and requests in relation to your relationship with us as our Affiliate;
(b) always promote Watermans and our products in the best light and as we would choose to do so ourselves, and not make or publish any statement which is disparaging or negative;
(c) notify us of all enquiries about Watermans or our products promptly;
(d) familiarise yourself with the characteristics, functionality, product claims, price, performance and availability of our products; and
(e) bear all costs and expenses incurred in connection with your activities as a Watermans Affiliate.
You also agree that you will not:
(a) make any statement, representation or warranty, whether vocally or in writing, about Watermans or our products other than those statements and representations contained in materials provided by us to you or set out on our Website;
(b) register any domain name, email address or company name that is identical or similar to the registered trademarks ‘Watermans’ or ‘WatermansHair’ or a translation of these trade marks into any other language;
(c) create, or direct or permit anyone else to create, a website for the sole purpose of advertising or promoting the Watermans® or WatermansHair®;
(d) create or maintain, or direct or permit anyone else to create or maintain, any website or social media account or page using ‘Watermans’ or ‘WatermansHair’ or any translation of these trade marks, and which site, account or page could reasonably be considered by anyone visiting it to be owned or maintained by us;
(e) promote your Affiliate link using SPAM/unsolicited emails;
(f) promote your Affiliate link in a way that may cause offence to others, including competitors;
(g) make statements about Watermans products or Waterman Corporate Enterprises Ltd that are not true. Up-to-date information about our products can be found at WatermansHair.com, or by emailing us at firstname.lastname@example.org
‘Watermans’ is our registered trade mark and when writing the name ‘Watermans’ you agree that you will follow the following guidelines:
(a) where possible it is always best to refer to the brand name Watermans and not Watermans Hair;
(b) use the Registered Trade Mark Symbol so that it is written: Watermans® at least once in each separate written or broadcast communication;
(c) where possible write Watermans in bold to distinguish it from surrounding text.
You agree not to disclose any Confidential Information, directly or indirectly, to any third party without our written authorisation to do so, and you will exercise a reasonable level of care in protecting our Confidential Information from unauthorised use and disclosure. In particular, you agree that you will keep your account login details confidential and will not share them with any other person. You will also keep all marketing and other materials in relation to Watermans confidential and will not use them for any purpose other than in connection with promotion of Watermans.
These confidentiality provisions do not apply to information that is (a) publicly available, (b) obtained by you from third parties without restrictions on how you use that information, (c) independently developed by you without using our Confidential Information, or (d) required to be disclosed by order of a court or other governmental or regulatory body.
Disclosure of our Confidential Information has the potential to cause damage to our business beyond anything that is capable of being valued by money damages. You therefore agree that we will be entitled to injunctive relief and any other remedies available to us in order to enforce these confidentiality provisions.
Termination and Closure of Inactive Accounts
We do not place any obligation on our Affiliates to meet quotas or guarantee sales. However, if any Affiliate Account is inactive for a period of one (1) year then we will close that account, meaning any clicks using the unique link associated with that account will no longer be registered to that account and no commission will be payable in respect of any sales coming through that link.
You can choose to end your membership of our Affiliate programme at any time, for any reason, by notifying us that you wish to do so. We will then close your account, meaning any clicks using your unique link will no longer be registered to your account. Any commission which has not already been paid to you at the date that your account is closed will be paid through to you within two (2) months of your account being closed.
We can terminate your membership of our Affiliate programme at any time, for any reason, by giving you thirty (30) days’ written notice. At the end of this thirty (30) day period we will close your account, meaning any clicks using your unique link will no longer be registered to your account. Any commission which has not already been paid to you at the date that your account is closed will be paid through to you on our next payment date.
We can also terminate your membership of the Affiliate programme with immediate effect if you breach any of these Terms and do not remedy that breach (if capable of remedy) within fourteen (14) days of notice from us. If you do not correct the relevant breach within this time period we will close your account, meaning any clicks using your unique link will no longer be registered to your account. Once your account has been closed no further commission will be payable, including any commission which has accrued to your account but not yet been paid to you.
In addition to the termination provisions above, either you or we will be entitled to terminate your membership immediately by notifying the other in writing if the other is declared bankrupt, enters into insolvency or administration proceedings.
The rights to terminate set out above do not prejudice any other right or remedy available to you or us.
If your membership of our Affiliate Programme is terminated for any reason you will be entitled to receive any unpaid commission registered on your Affiliate Account, unless payment is excluded for any reason set out in the above paragraphs. You will not be entitled to, or have any claim against Watermans for, compensation of any sort.
Unless these Terms state otherwise, on termination of your Affiliate Account neither you nor we will have any further obligation to the other under these Terms.
You indemnify, defend and hold harmless Watermans and its directors, officers, employees, distributors and agents from and against any and all claims, expenses, wages, lawsuits or other liabilities (including without limitation, reasonable legal fees and court costs) for injury to any person, or for loss or damage to personal property, which arises out of any misrepresentation by you regarding Watermans or our products, or any other of your activities as a Watermans Affiliate.
Limitation of Liabilities
We make no warranties or representations (whether express or implied) with respect to the Affiliate Programme or your potential to earn income as an Affiliate, or that our Website will be available or error-free at any time.
We will not be liable for any special, indirect, incidental or consequential damages (including loss of profits) arising from or relating to your membership of our Affiliate Programme, including without limitation damages claimed as a result of our Website or our products being unavailable or not performing for any period of time.
Watermans liability for all claims of any kind arising out of or related to these Terms (including for negligence), whether based on contract, tort or on other legal or equitable grounds, is limited to money damages not exceeding the amount of commission due to you and unpaid at such time and which relates directly to the particular claim.
Nothing in these Terms excludes or limits our liability for death or personal injury resulting from our negligence, for fraud or fraudulent misrepresentation or for anything else it would be unlawful to exclude or limit.
If you wish to give us notice in accordance with any of these Terms, please do so by delivering the notice to us in person, or by sending it by registered post to Watermans House, Farfield Park, Manvers Way S63 5DB, or by email to email@example.com . Any notices from us to you will be sent to the contact email address you have provided in your Affiliate Account details. Notices will be considered to have been given at the time of actual delivery in person, or three (3) business days after posting or one (1) business day after transmission by email.
Changes to These Terms
We may make changes to any of these Terms at any time by posting new or updated Terms on WatermansHair.com. We will also email any new or updated Terms to you using the contact email address you have provided in your Affiliate Account details. Changes to these Terms may include, without limitation, changes in the way we award commission, fee schedules, payment procedures and Affiliate Programme rules. If any changes we make are unacceptable to you, you will need to terminate your membership of our Affiliate Programme. If you continue to use your unique Affiliate link after we have notified you of new or updated Terms then you will be deemed to have accepted those Terms.
These Terms constitute the entire agreement between you and us with respect to the Watermans Affiliate Programme, and supersede all other communications between us in relation to your involvement in our Affiliate Programme.
Neither you or we will incur any liability to the other for any loss or damage resulting from a delay or failure to perform any of these Terms (or any part of them) if the delay or failure is caused (whether in whole or in part) by events, occurrences, or causes beyond the control of that party, including without limitation acts of God, strikes, lockouts, riots, acts of war, earthquakes, fire and explosions.
These Terms are personal to you as our Affiliate and you may not assign or otherwise transfer any of your rights or obligations to anyone else. These Terms do not create, and shall not be construed as creating, any rights under the Contracts (Rights of Third Parties) Act 1999 enforceable by any third party.
If we agree to waive any of, or any part of, these Terms then that waiver must be in writing to be effective. Any waiver by us of any of, or any part of, these Terms will not be considered a waiver of any subsequent breach of the same or any other provision of these Terms and failure, neglect or delay by you or us to enforce these Terms (or any of them) or any rights or remedies at any time will not be deemed to be a waiver of the rights under these Terms.
These Terms are governed by, and shall be construed in accordance with, the laws of England and Wales, whose courts shall have exclusive jurisdiction.
Thank you for being a Watermans Ambassador Affiliate!