The purpose of the Shorebox affiliate scheme is to reward Affiliates for any new subscribers or customers that they refer to Shorebox by properly advertising the shorebox.co.uk domain through legitimate methods.
By clicking on the ‘register’ icon you agree to abide by the terms and conditions detailed in this Agreement.
This Agreement contains the complete terms and conditions that apply to your participation as a member of the Shorebox Affiliate Scheme. This Agreement constitutes the entire agreement between Shorebox and the Affiliate and any pre-existing agreement or arrangement between Shorebox and the Affiliate shall be terminated forthwith upon completion of this Agreement, save that any outstanding commissions owed to you prior to the revocation of your affiliate status will be credited to the Affiliate’s account.
Your Acceptance of these terms and conditions will be indicated by clicking on the ‘register’ icon.
Shorebox Affiliate scheme Terms and Conditions
“this Agreement” shall mean the contents of the contract between Shorebox and the Affiliate in respect of the scheme.
“Shorebox” shall mean Shorebox Limited of (Company No. 11660143), whose registered office is at Crown House, 27 Old Gloucester Street, London, WC1N3AX.
‘the Site’ shall mean shorebox.co.uk website.
‘the scheme’ shall mean the affiliate scheme as set out on the Site and that is governed by this Agreement.
‘the Link’ shall mean the HTML link provided from time to time by Shorebox to link the Affiliate’s website to the Site.
‘the Affiliate’ shall mean the party who agrees to take part in the scheme.
- The scheme
2.1) The scheme shall be the affiliate scheme as set out on the Site from time to time.
2.2) Shorebox is entitled to vary, amend or cancel the scheme without giving notice to the Affiliate. Shorebox may make any such change by publishing any revised terms on the Site.
2.3) The scheme is expressly a business-to-business relationship and both Shorebox and the Affiliate enter into it in a business capacity and not as a consumer.
2.4) The scheme does not entitle the Affiliate to represent themselves as an agent, partner or any other form of associate of Shorebox other than as an Affiliate as expressly provided for in this Agreement.
3. Suitability for the Shorebox Affiliate Program
3.1) Shorebox reserves the right to terminate this Agreement and the Affiliate’s status at any time for any reason whatsoever at its sole discretion.
3.2) In particular if Shorebox deems that the Affiliate’s website is inappropriate for the scheme then this Agreement shall be terminated. The Affiliate’s website may be deemed inappropriate if in the view of Shorebox it contains, promotes or contains links to sites that are:
3.3) discriminatory, sexually explicit or violent material, or
3.4) promote, depict or contain links to material that promote or depict discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age, or
3.5) contains unlawful material, this shall include but not be limited to materials that may possibly violate another’s intellectual property rights, or
3.6) contains information regarding, promotes or links to a site that provides information or promotes illegal activity, or
3.7) for any other reason that is deemed by Shorebox (at its sole discretion) to be unsuitable.
3.8) Upon Clicking on the ‘register’ button you are automatically accepted on the scheme. Shorebox reserves the right to withdraw Affiliate status at any time after you have been accepted onto the scheme for any reason that Shorebox deems relevant. Acceptance into the scheme does not mean that Shorebox has specifically approved the Affiliate or its website.
4. Legitimate methods of advertising
4.1) In order to receive commissions for referring customers to Shorebox, the Affiliate must engage in proper advertising. Affiliates found to be engaging in improper advertising shall have their agreement terminated and their affiliate status revoked. Shorebox shall be the sole and absolute arbiter of what constitutes proper advertising.
4.2) A non-exhaustive list of examples of improper advertising shall include but not be limited to:
4.2.1) the forwarding of any urls direct to shorebox.co.uk (this includes misspells of the above trademark domain); and
4.2.2) forcing cookies through iframes;
4.2.3) advertising through third party networks; with the exception arising from Clause 4.3 below;
4.2.4) brand bidding (including misspells) for PPC advertising,
4.2.5) including your Shorebox affiliate link within Unsolicited Commercial Email (UCE) or SPAM,
4.2.6) including any of Shorebox url in search adverts.
4.3) Affiliates are permitted to promote Shorebox through various social media communities, as a limited exception to Clause 4.2.3 above. However, Affiliates are not permitted to create groups or specific web pages in social communities whereby they purport or hold themselves out to be representatives of Shorebox.
4.4) Shorebox reserves the right to conclude that you have engaged in an improper method of advertising according to our standards, at our sole discretion. We may come to such a conclusion even if it is based upon our opinion or mere suspicion or belief and is without any duty on Shorebox to prove that our opinion or suspicion is well-founded; and even if our opinion is proven not to be well-founded or if other subscription box companies have not deemed it to be an improper method of advertising.
4.5) Any Affiliate found to be adopting improper methods of advertising for the purpose of the scheme shall be deemed to have been in breach of this Agreement and shall have their Affiliate status revoked. Such an Affiliate will therefore immediately cease in being an Affiliate of Shorebox.
4.6) Any sales that have been generated through improper advertising will not qualify for commission or credit from Shorebox.
4.7) Any Affiliate found to be utilising these or any other improper methods of advertising may be required to pay back any such commission that has been paid by Shorebox to them. If Shorebox elects not to enforce this right it shall not be deemed to be a waiver of any other rights that it may have under this Agreement.
5. The Procedure
5.1) Subject to the terms of this Section, we will provide to you all Links necessary to promote and offer the Shorebox Services to your site’s visitors and/or its members. The Shorebox link may contain any picture, text, logo, graphic, that maybe be attributed with Shorebox.
5.2) Shorebox reserves the right to change the content and or display of the Link from time to time in our sole discretion. The presence of the Shorebox link on your site will serve to identify you as a member of our Affiliate scheme.
6. The Payment of Commission
6.1) Once a customer has arrived at our website having followed the Link, their actions on our website will be tracked for 14 days using a cookie. You will earn commission on their first order that is placed during the 14 day period. Shorebox will not be responsible for commissions missed due to the cookie being deleted or blocked or in any other way failing to track the customer from the Link.
6.2) Affiliates will only earn commission fees only with respect to activity on our site occurring directly through the Link that will appear on their website.
6.3) Shorebox is under no obligation whatsoever to pay any commission to any Affiliate who does not strictly follow this Agreement as published from time to time.
6.4) Shorebox reserves the right to take legal action against any Affiliate that commits fraud, or conspiracy to defraud and to recover any commissions paid to an Affiliate which was earned as a result of such fraud. For the purposes of this agreement fraud shall include but not be limited to wittingly violating the terms of this Agreement.
6.5) The Affiliate’s continuing participation in the scheme constitutes its acceptance of any change to this Agreement.
6.6) Payments are sent on the 28th day of each calendar month to the Affiliate’s Paypal account. Affiliates shall allow up to 5 working days to receive their payment. It is the sole responsibility of an Affiliate to make sure that their payment email address is up to date and accurate on the Shorebox system in order to facilitate the payment reaching them.
6.7) Affiliates will only be paid Commissions for the first subscription box made by their referral subscriber only, or for any online shop sale. Shorebox will not pay commission for products that an Affiliate purchases for itself through the Link. The Shorebox system will simply not recognise this as an Affiliate sale.
6.8) The rates of commission payable to the Affiliate from time to time shall be published on the Site and this shall be included in this Agreement as Schedule 1 to it. Schedule 1 may be amended or varied by Shorebox at any time without reference to the Affiliate. Any revised rates of commission payment shall take effect from the day that the amended Schedule 1 is published on the site.
7. Shorebox’s Obligations
Shorebox agrees to undertake the following obligations:
7.1) provide all information necessary to allow the Affiliate to make necessary the Link from the shorebox.co.uk to the Affiliate’s site,
7.2) processing all orders for Shorebox subscription or products placed by a referral following the Link,
7.3) tracking the number and amount of relevant sales generated through the Link,
7.4) providing information to you regarding commission payments,
7.5) credit card authorisations, payment processing, cancellations, returns, and all other related customer service for Shorebox for the purpose of our business, and
7.6) establishing the payment frequency and payouts of earned commissions as contained in Section 6 of this Agreement.
8. The Affiliate’s Obligations
The Affiliate agrees to be solely responsible for the following and shall keep Shorebox fully indemnified in respect of:
8.1) the content of the Affiliate’s site or any site that they may be connected to,
8.2) any misrepresentation of Shorebox or its products or services,
8.3) making of any false claims, representations or warranties in connection with Shorebox,
8.4) ensuring that your site and your products and services that you offer from your site comply with all applicable copyright, trademark, any intellectual property right, Data Protection, anti-spam or any other applicable law,
8.5) obtaining permission to use another party’s copyrighted or any other proprietary material,
8.6) the development, operation and maintenance of the Affiliate’s site and for all materials that appear on it. For the purposes of this Agreement this shall include but not be limited to, the technical operation of your site and all related equipment; the accuracy and propriety of materials posted on your site; and ensuring that materials posted on your Site do not violate or infringe upon the rights of any third party and are not libellous or otherwise unlawful or illegal. Shorebox hereby disclaim all liability for all such matters,
8.7) Affiliates also agree to indemnify and hold harmless Shorebox, its parent company, sister companies, subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, expenses, and costs insofar as such arise out of or are based on, or in any way connected with this Agreement.
8.8) complying with all applicable EU- and national laws and regulations in force from time to time this shall include, but not be limited to, the EU-directive 2002/58/EC, and
8.9) the payment of all tax and national insurance payable on any payments made to you by Shorebox.
9. Right to Name as a Reference Customer
9.1) Affiliates shall not create, publish, distribute, or permit any written or graphical material that makes reference to Shorebox other than those mentioned in this Agreement or otherwise provided by Shorebox, without the prior written consent of Shorebox. Shorebox reserves the right to refuse any request for consent under this Agreement.
10. The License
10.1) Shorebox grants to the Affiliate a non-exclusive, non-transferable, revocable right to access the shorebox.co.uk site through the Link solely in accordance with the terms of this Agreement. This license shall be used solely in connection with the Link, and it will extend to the use of our logos, trade names, trademarks and similar identifying material relating to Shorebox and which Shorebox shall provide to the Affiliate, for the sole purpose of establishing the Link to shorebox.co.uk so customers can purchase Shorebox subscription and products.
10.2) Affiliates cannot modify or change the Link or any other materials provided by Shorebox in any way.
10.3) Other than establishing the Link, the Affiliate shall not make any use of any of the licensed materials noted in the aforementioned paragraph provided by Shorebox without first obtaining the prior written consent of Shorebox. Affiliates shall not use the Licensed Materials in any manner that is inappropriate or that is in any way detrimental to the Shorebox brand or any other brands.
10.4) Shorebox reserves all of its rights in the materials provided and all of its other proprietary rights. Shorebox shall be entitled to revoke this license to use the Link or the materials at any time and at its sole discretion.
10.5) The licenses described in this Section shall expire upon the termination of this Agreement.
10.6) Any inappropriate use of the Link, text, banners or other advertisements not expressly approved of in writing or provided by Shorebox may be cause for immediate termination of this Agreement.
11. Terms of the agreement
11.1) The terms of this Agreement will begin upon your signup with the scheme and will end when your affiliate account is terminated.
12.1) Shorebox reserves the right to modify or otherwise change the terms of this Agreement at any time as it sees fit. Shorebox shall make such modifications by way of publishing revised terms on the Site. Affiliates only remedy in the event of revised terms of this Agreement being published shall be to terminate this Agreement. An Affiliate shall be deemed to have accepted any modification to this Agreement as published from time to time.
13. Limitation of Liability
13.1) Shorebox shall not be liable to the Affiliate or to any other person, for indirect, incidental, or special damages, lost profits, loss of goodwill, lost savings, or any other form of consequential damages, regardless of the form of action, even if Shorebox has been advised of the possibility of such damages, whether resulting from breach of its obligations under this Agreement or otherwise.
13.2) Shorebox’s entire liability in respect of any liability arising under this agreement will not exceed the total commission fees paid or payable to the Affiliate under this Agreement.
13.3) Shorebox makes no warranties, either express or implied, concerning the performance or functionality of the Shorebox services, or the scheme as a whole. This includes but is not limited to the Link or any other affiliate advertisements and hereby expressly disclaims all implied warranties, including warranties of merchantability or fitness for a particular use or purpose.
13.4) Shorebox shall under no circumstances be liable to the Affiliate or to any other person or entity for any loss, injury, or damage, of whatever kind, resulting from or arising out of any mistakes, errors, omissions, delays, or interruptions in the receipt, transmission, or storage of any messages or information arising out of or in connection with the scheme or Shorebox.
14. Governing Law
14.1) This Agreement is governed by, and is construed in accordance with the laws of England and Wales.
14.2) The Courts of England and Wales shall have jurisdiction to hear any disputes arising from this Agreement.
14.3) Shorebox shall not be liable for the legality of Shorebox service in countries other than the United Kingdom.
14.4) Affiliates are solely responsible for the legality of the use of the service if the Affiliate in question is registered to Shorebox service from a country other than the United Kingdom or if the Affiliate’s website is on a server in a country other than the United Kingdom.
15.1) By clicking on the ‘register’ icon the Affiliate acknowledges that they have read the terms and conditions of this Agreement, understand them and agree to be bound by them.