To join the MoreNiche Affiliate Program and to become an Affiliate of the MoreNiche websites, you must first read the following terms of the Affiliate Agreement.
If you accept these terms, you may click the “I Accept Terms & Conditions” button at the end of the terms and you will then have the opportunity to fill out an Affiliate Application Form and submit it to MoreNiche.
The application will be evaluated by MoreNiche and at MoreNiche’s sole discretion we will either accept or reject your application. After evaluation we will notify you of our decision and if we reject your application, please feel free to reapply at any time subsequently.
This Agreement is made between MoreNiche Ltd (owner of MoreNiche.com) (registered as a MoreNiche Limited under Registration No. 6260274, a company incorporated in England and Wales) whose registered address is at Digital House, Clarendon Park, Nottingham, NG5 1AH, (“MoreNiche”) and you, the Affiliate, and sets out the terms and conditions under which MoreNiche shall allow you to establish a link to the MoreNiche websites and act as an Affiliate in relation to the Advertisers (as defined below).
This is a Legal Agreement between you, the Affiliate, and MoreNiche Ltd. By registering to become an affiliate of MoreNiche you are acknowledging that you have read and understood these terms and you agree to be bound by them. If you do not wish to be bound by them, please do not register for the program and you will not then have the opportunity to become a member of the MoreNiche Affiliate program.
means the site operated by the Affiliate, notified to MoreNiche and linked to the MoreNiche Website in accordance with the terms of this Agreement via the Link.
“Affiliate’s Resource Area”
means that part of MoreNiche’s website accessible by the Affiliate upon approval given by MoreNiche pursuant to clause 3;
means the party contracting with MoreNiche who is the owner or is licensed to use or market the Advertiser’s Products
means those products/services supplied by Advertisers and listed on the MoreNiche Offers page as may be varied from time to time;
means the name, trade marks, logos and/or other means of branding used by MoreNiche in respect of the Advertisers from time to time including but not limited to the name “MoreNiche”;
means such websites owned and operated by Advertisers which are offered as within MoreNiche’s affiliate program;
means those products/services supplied by MoreNiche and listed on the MoreNiche Offers page as may be varied by agreement between the parties from time to time in accordance with the terms of this Agreement;
means the Banners and Product Information which MoreNiche identifies on the Affiliate’s Resource Area of MoreNiche’s Website which are to be used for the Promotion Activities such material to be used in accordance with the Use Policy;
means banner and/or pop up adverts promoting the Advertisers on the Affiliate Website;
means a payment dispute initiated by the cardholder with their credit card issuing bank. The amount of the disputed transaction is withdrawn from the Advertiser’s bank account. For this agreement the term ChargeBack also refers to a refund obtained by the customer within 7 working days (of the date of delivery if the products or, in relation to the purchase of services, of conclusion of the contract for the supply of those services) due to the Distant Selling Regulations.
means the date the Affiliate is approved by MoreNiche as an Affiliate in accordance with clause 3;
means the commission payable to the Affiliate in accordance with clause 7 on Transactions completed as a direct result of visits to the Advertiser Website via the Link, at the rates set out on MoreNiche’s Website;
means the level at which Commission will be payable to the Affiliate by MoreNiche from time to time the initial level being provided to the Affiliate prior to the conclusion of this Agreement
means any and all information acquired by either party about the other party’s business and/or given by one party to the other party and/or generated by either party from the other party’s Confidential Information;
means Data Protection Act 1998;
means any occurrence which hinders, delays or prevents a party performing any of its obligations under this Agreement and which is beyond the control of, and without the fault or negligence of such party and which by the exercise of reasonable diligence it is unable to prevent or provide against, including but not limited to war, act of God , fires, strikes, lock-outs, insurrection or riots, embargoes, unavailability of raw materials, wrecks or delays in transportation, requirements or regulations of any governmental authority;
“Intellectual Property Rights”
means all intellectual and industrial property rights including know how, registered trade marks and service marks, registered designs, patents, applications for and rights to apply for any of the foregoing, unregistered design rights, unregistered trade marks and service marks, rights to prevent passing off or unfair competition and copyright, database rights, domain names and any other rights in any invention, discovery, process, database, computer program or software, method or information in each case in the United Kingdom and all other countries in the world and together with all renewals and extensions;
means actions, awards, costs, claims, damages, losses (including without limitation any direct or indirect consequential losses), demands, expenses, fines, loss of profits, loss of reputation, judgments, penalties and proceedings and any other losses and/or liabilities;
means such of the Advertiser Brand as is offered on MoreNiche’s Website for the Affiliate to use under the terms of this Agreement, and the Ingredient Trade Marks and the Intellectual Property Rights in the Advertising Material;
means a hypertext link created between the Affiliate Website and Advertisers Website subject to the terms of this Agreement being a unique hypertext link which identifies the Affiliate and is made available to the Affiliate by MoreNiche upon the grant of MoreNiche’s approval under clause 3;
means data relating to a living individual who can be identified from the data or from information which is in, or is likely to come into, the possession of either party
means information in relation to the Advertisers which MoreNiche has identified and made downloadable to the Affiliate on the Affiliate’s Resource Area of the MoreNiche Website to be used by the Affiliate for Promotion Activities from time to time in writing;
means the activation of the Link between the Affiliate Website and the Advertiser Website and/or the use of Banners and/or Advertising Material on the Affiliate Website by the Affiliate and any other activity authorised in writing by MoreNiche from time to time to promote the Advertisers Products and/or to drive web traffic from the Affiliate Website to the Advertiser Website via the Link.
means a sale of an Advertiser’s Product from the Advertiser Website to a customer arising as a direct result of such customer visiting the Advertiser Website via the Link from the Affiliate Website;
means the policy for the establishment of the Link and the use of the Licensed Rights to be notified to the Affiliate from time-to-time
A. MoreNiche grants the Affiliate a non-exclusive non-transferable, royalty free licence to use the Licensed Rights and the Link and to promote itself under and by reference to the designation “MoreNiche Affiliate” subject to and in accordance with the terms of this Agreement and the Use Policy, for the sole purpose of carrying out the Promotion Activities in relation to the Advertisers via the Affiliate Website.
As an Affiliate you shall provide clear and unambiguous notice to visitors to its website that it will earn a commission for recommending Merchants’ Products on its website(s).
In this regard, the Affiliate must ensure that its website(s) shall display the earnings disclosure statement below
“I <name> owner of <website) am in business as an affiliate marketer and recommend products on this website for which I earn a commission. I hope this disclosure will demonstrate my intent to run an honest and reputable business.”
You need to make sure that the statement is clearly seen by the visitor. In addition, the disclosure must display your full name or your trading name provided that it is genuine.
Please note that the disclosure is mandatory for every affiliate generating UK sales. Non-compliance with the policy may result in suspension from the network.
D. Upon termination of this Agreement for any reason MoreNiche shall de-activate the Link and the Affiliate will immediately: