Other Terms

 

Affiliate Program Terms

 

Agreement

Through joining our affiliate program, you will earn commission on each shop sale and premium app membership. Please note, that by signing up to be an Affiliate in the Swalky Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms”).

We reserve the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.

Violation of any of the terms below will result in the termination of your Account and forfeiture of any outstanding affiliate commission. You agree to use the Affiliate Program at your own risk.

 

Account Requirements

To create an account with our affiliate program:

  • You must be 18 years or older.
  • You must live in the United Kingdom.
  • You must have an account within our ‘Swalky’ app.
  • You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  • Your login may only be used by one person – a single login shared by multiple people is not permitted.
  • You are responsible for maintaining the security of your account and password. Swalky cannot and will not be liable for any loss or damage from failure to comply with this security obligation.
  • You are responsible for all Content posted and activity that occurs under your account.
  • One person or legal entity may not maintain more than one account.
  • You may not use the Affiliate Program for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • You may not use the Affiliate Program to earn money on your own Swalky product accounts.

 

Using links/graphics in websites, emails or other communications

 

Store Affiliate Codes

We will provide you with guidelines, link styles, and graphical artwork to link to our shop and app. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice. We issue promotional material for the purpose of marketing, which Affiliates are welcome to use. The ownership and trademark of such material remains as the exclusive intellectual property of Swalky and must not be used, or edited without prior approval.

Once you have signed up for the Affiliate Program, you will be assigned two unique Affiliate Codes; one for our e-commerce store and another for our app. You are permitted to place links, banners, or other graphics we provide with your Affiliate Codes on your site, in your emails, or wider social accounts.

 

App Affiliate Codes

Upon registering for the Program, we will email the Affiliate their exclusive app referral code. New users can submit their Affiliate’s promo code in the ‘Contact Us’ box located within the ‘About’ section. We will then record all submissions and subsequently pay Affiliates once the threshold and terms below are met.

 

Referral fees/commissions and payments

 

Store Referrals

To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and our shop. For a Product sale to be eligible, the customer must click-through a Special Link from your site, email, or other communications to https://www.swalky.com/shop and complete an order for a product during that session. We will only pay commission on links that are automatically tracked and reported by our systems. We will not be liable for any failures by you or someone you refer for the incorrect use of Special Links or Affiliate Codes, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement. 

We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Payments will begin once you’ve earned more than £10 in affiliate income. If your affiliate account never crosses the £10 threshold, your commissions will not be realised or paid. 

 

App Referrals

 

Current Payouts

Currently, we are giving away 1 year’s free premium to grow our userbase and are not taking any payments. We are offering £0.60p per user, which we’ll pay on the last Friday of each month, 30 days in arrears. Any accounts deleted within this timeframe will be deducted from the total.

 

Future Payouts

In the future we’ll increase the commission to £1.20 for every paying premium user sign-up (10% of annual fee £11.99), which will be paid weekly on Friday’s providing the threshold exceeds £6.

Account credibility will be verified via messaging the user within the app. Unofficial email addresses (spam accounts) are not eligible and will be deducted from the accrued total.

 

Identifying yourself as a Swalky Affiliate

You are welcome to share your participation in the program on your website or social media, but must not issue any press release with respect to this Agreement or your participation in the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of Swalky or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement.

You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.

 

Customer definition

Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time.  Product prices and availability may vary and are not definitive. As such, they should not be displayed on your website or social media.

 

Your responsibilities

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site.

 

Compliance with Laws

As a condition to your participation in the Program, you agree comply with our Terms of Service and all UK related GDPR regulations and applicable laws that govern marketing emails, including the Privacy and Electronic Communications Regulations 2003 (PECR).

 

Termination

Swalky Ltd, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Swalky service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. 

 

Limitations of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

 

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products or memberships sold through the Program.

 

Miscellaneous

This Agreement will be governed by the laws of the United Kingdom without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. 

The failure of Swalky to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Swalky and govern your use of the Service, superseding any prior agreements between you and Swalky (including, but not limited to, any prior versions of the Terms of Service).