Affiliate Terms And Conditions
This Agreement is made the day set out below by and between:
- Tiger.co.uk is a trading name of Call Connection Ltd. Call Connection Ltd, Company No 4834010, a company incorporated in England whose registered office is at Saxon House, Cromwell Square, Ipswich, IP1 1TS hereinafter referred to as "Tiger.co.uk", and
- "You" or "the Affiliate" or "the Affiliate Partner"
- Tiger.co.uk operates websites through which it provides, amongst other things, a price comparison service that enables website visitors to submit data and receive back indicative quotations from the companies participating in the comparison services.
- The Affiliate has agreed to promote Tiger.co.uk’s insurance comparison services via a Link from the Affiliate Site and as such wishes to enter into an Agreement with Tiger.co.uk to promote visitors to the Tiger.co.uk website and services.
- To become an Affiliate of Tiger.co.uk you must read and agree to the terms and conditions of this agreement. Acceptance of these terms and conditions must be made by a representative of the Affiliate who is at least 18 years of age and who has the appropriate authority to enter into the agreement.
- After agreeing to these terms and conditions, Tiger.co.uk shall review your application, and, subject to acceptance you shall become an Affiliate. Failure of the Affiliate to comply with Tiger.co.uk Affiliate Partner Programme terms and conditions shall entitle Tiger.co.uk to remove the Affiliate from the Affiliate Partner Programme.
"Affiliate Site" means the Affiliate’s website owned and operated by the Affiliate as agreed between the parties from time to time;
"Affiliate Code" means the hypertext, text, banner, logo, contextual or other link advertising a product which directs a Visitor (with a Referrer Code) from a page on the Affiliate Site to an appropriate page on the Tiger.co.uk Site to pursue an Application for a relevant Product;
"Application" means an application made by a Visitor for a Quotation which may lead to the purchase of a Product following the redirection of that Visitor from the Affiliate Site to the Tiger.co.uk Site via a Link;
"Tiger.co.uk Site" means www.Tiger.co.uk or such other replacement website owned and operated by Call Connection Ltd as agreed between the parties from time to time;
"Commission" means the sums referred to in schedule 1;
"Comparison Service" means the Product comparison service provided by Tiger.co.uk to Visitors via the Tiger.co.uk Site;
"Data Protection Legislation" means the Data Protection Act 1998, the Data Protection Directive (95/46/EC), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and all applicable laws and regulations relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner;
"Link" means a hypertext, text, banner, logo, contextual or other link which directs a Visitor (with a Referrer Code) from the Affiliate Site to the Tiger.co.uk Site to pursue an Application for a Product;
"Partner" a provider offering Products on the Tiger.co.uk site.
"Products" means the motor insurance products offered under the Comparison Service on the Tiger.co.uk Site, as detailed in Schedule 1 from time to time, and “Product” shall be construed accordingly;
"Quotation" means the provided quotes from the Partners in relation to a Product
"Referrer Code" means the unique reference transferred with the Visitor from the Affiliate Site, identifying the Visitor as having originated from that site.
"Rejected Sale" means any Sale that is cancelled for any reason by a Visitor within the later of:
- 14 days of the date of inception of the Product sold; or
- 14 days of receipt by the Visitor of the documents relating to the Product sold,
"Sale" means the sale of a Product pursuant to an Application and “Sold” shall be construed accordingly;
"Visitor" means any person who accesses the Affiliate Site and follows a Link (identified by the Referrer Code) from the Affiliate Site to pursue an Application utilising the Comparison Service.
"Visitor Data" means the personal data relating to a visitor which is entered on the Tiger.co.uk Site to pursue an application.
The Affiliate shall maintain the Link(s) on the Affiliate Site and shall be responsible for ensuring the Referrer Code is transferred with each Visitor that uses a Link.
The Affiliate shall ensure that the Affiliate Site is well maintained and operates effectively so as to support the use of Links by Visitors. If the Affiliate wishes to have more than one Affiliate Site with this Link to the Tiger.co.uk Site it must first gain written consent from Tiger.co.uk to do so.
Tiger.co.uk consents to the Affiliate creating and maintaining Links on the Affiliate Site for the purposes of directing Visitors to the Tiger.co.uk Site in accordance with this agreement. The Affiliate shall not do anything which causes or may have the effect of causing any Link to adversely affect the operation or use of any other link on the Tiger.co.uk Site.
Tiger.co.uk shall use reasonable endeavours to ensure that the details provided to the Affiliate in respect of each Sale and other information relating to Visitor traffic are true, accurate, complete and not misleading.
The parties acknowledge that the Insurance Partners shall be solely responsible for the administration of each Sale and Tiger.co.uk shall not have any authority or responsibility to administer or approve any Sale.
In the event of any Link needing to be re-established Tiger.co.uk will promptly advise the Affiliate in writing of the forthcoming change and the Affiliate will co-operate with Tiger.co.uk to ensure that the Link is maintained.
The Affiliate acknowledges that owing to the nature of the internet Tiger.co.uk cannot guarantee to provide and maintain accessibility and operation of the Services continuously and without interruptions and faults and that Tiger.co.uk may also temporarily suspend availability of the Services to upgrade, repair or maintain any aspect of the Tiger.co.uk website or the technological infrastructure associated with it.
For the avoidance of doubt nothing in this agreement shall prevent or restrict Tiger.co.uk from hosting Affiliate links from any other website to the Tiger.co.uk Site.
The Affiliate must only use the advertising banners, buttons and marketing materials that have been provided by Tiger.co.uk.
The Affiliate will not use screen–scraping or similar technologies in conjunction with the Tiger.co.uk Ltd website.
The affiliate will not purchase derivative urls of Tiger.co.uk
The Affiliate shall not knowingly send any data through the Affiliate Link that could contain a virus, worm, Trojan horse or any other harmful component.
Paid Search (PPC)
Bidding on Tiger brand related keywords is prohibited across all search providers including Google, Yahoo and Bing, any affiliates contravening this will be removed from the programme. Examples of such terms are noted below:
- Brand only keywords – Tiger.co.uk, Tiger
- Brand product keywords – Tiger Insurance, Tiger Car Insurance, Tiger Van Insurance, Tiger Bike Insurance
- Misspellings and broad match terms – Toger, Tigger
The Affiliate shall only use the marketing materials that Tiger.co.uk shall provide. If other marketing material is required to promote the Link Tiger.co.uk shall need to view and give written approval for the material before it is displayed.
Tiger.co.uk is the data controller in relation to any Visitor Data it receives pursuant to an Application following the Link.
Tiger.co.uk retains all rights, title and interest in the personal data of all Visitors who follow a Link to the Tiger.co.uk site and such Visitor data as it collects and shall be entitled to use such Visitor data in compliance with Data Protection Legislation.
Tiger.co.uk undertakes to deal with and process all Visitor data which comes into its possession pursuant to these Terms and Conditions in all respects in strict accordance with the requirements of the Data Protection Legislation. In particular but without limiting this undertaking, Tiger.co.uk will maintain the technical and organisational security facilities and procedures which it would use in respect of other personal data in its possession to prevent loss or destruction of or unauthorized access to or amendment of any Visitor Data.
The Affiliate shall promptly give Tiger.co.uk written notice of any subject data access request it receives in relation to Visitor Data and shall consult with Tiger.co.uk before responding to any such request. The Affiliate and Tiger.co.uk agree to indemnify and hold harmless the other against any claims, demands, damages, costs and expenses arising out of any allegation that it has failed to process Visitor Data in accordance with the terms of this Agreement, the data protection principles or Data Protection Legislation.
Reporting and Commission
Tiger.co.uk shall each calendar month during the term of this Agreement send to the Affiliate a management information report detailing Sales and Rejected Sales arising in the preceding month. Within 10 Days of the receipt of each management information report the Affiliate shall invoice Tiger.co.uk for sums due in respect of Commission during the preceding month, subject to the terms and minimum invoice amounts as set out below.
Tiger.co.uk shall pay to the Affiliate a Commission in respect of all Sales made pursuant to an Application identified by a Referrer Code in accordance with the Schedule. As an Affiliate you will be accredited for a Sale when your Affiliate Code was the last Affiliate Code used by a shopper who completed a sale and that sale was made no later than 30 days after the Affiliate Code was used.
It is the parties’ understanding that VAT is payable in respect of the commissions due under this Agreement and the parties acknowledge that the charges set out in Schedule 1 shall be deemed to be exclusive of VAT and the Affiliate shall ensure that all invoices produced and submitted shall be valid VAT invoices and show, in addition to the relevant fees due, the amount of VAT payable in respect of each such invoice.
As long as a minimum of £50 is due, Affiliate Partners can raise an invoice, to be paid either by bank transfer or PayPal (to be specified on the invoice). These will be paid to the Affiliate Partner no later than 30 days after the end of the month in which the invoice is received. In some instances the Affiliate may choose to delay invoicing in order to reduce accounting administration. Commissions of less than £50 will be carried over (but do not accrue any interest). In the event of termination of this Agreement any outstanding commissions shall be paid to the Affiliate.
Tiger.co.uk shall have the right to amend payment options at any time by giving the Affiliate 7 day's written notice.
Tiger.co.uk has the right to amend the level of Commission set out in the Schedule by giving to the Affiliate not less than 30 days notice in writing.
In respect of any Rejected Sale Tiger.co.uk may reclaim any commission paid in respect of the previously recorded Sale, which has become a Rejected Sale following notice to the Affiliate.
If the Affiliate disputes the accuracy of the management information report, it shall try to resolve the dispute in discussion with Tiger.co.uk. but if it appears to either of the parties that they cannot resolve it, the dispute may be referred, not earlier than ten (10) Days following the commencement of such discussion, by either party to an independent chartered accountant appointed by the parties or, in default of agreement, by the President for the time being of the Institute of Chartered Accountants for England and Wales. The determination of such chartered accountant will be final and binding on the parties and the costs of such determination shall be borne by Tiger.co.uk if such report is found to be inaccurate or by the Affiliate if such report is found to be accurate.
Either party may terminate this agreement at any time by giving 30 days written notice to the other. For the avoidance of doubt, written notice must be in the form of a letter or email and the Affiliate is obliged to remove the Link by the end of the 30 days.
Tiger.co.uk shall be able to terminate this Agreement with immediate effect if the Affiliate is in breach of any part of this Agreement.
The termination of this agreement for whatever reason shall be without prejudice to the rights, obligations and liabilities of either party then accrued due, nor shall termination affect the coming into force or the continuation in force of any provision of this agreement which is expressly or by implication intended to come into continuing force at or after termination.
Indemnity & Intellectual Property
The Affiliate represents and warrants to Tiger.co.uk that it holds all consents, licences and similar authorisations required for the conduct of its business and that it is in compliance, and will continue to comply, with all authorisations.
The Affiliate represents and warrants to Tiger.co.uk that in respect of any content, information, urls and/or domain names linked by the Affiliate to the Tiger.co.uk Site the Affiliate shall have obtained all rights, consents, licences and clearances which are necessary to use such items as contemplated by this agreement and to host the Links; nothing on the Affiliate Site shall be obscene or breach any law or regulation or infringe any Intellectual Property rights of any third party whatsoever or constitute a breach of confidence or be defamatory of any person; and it will use its best endeavours to ensure that no link on the Affiliate Site shall link to any website which contains and/or displays material that is or may be construed as being obscene or in breach of any law, regulation or code of practice.
The Affiliate hereby agrees to indemnify Tiger.co.uk and keep it indemnified against any costs, claims, losses, damages or penalties suffered or incurred by Tiger.co.uk arising from or in connection with any breach by the Affiliate of the above.
Neither party shall be liable to the other for any indirect or consequential loss or damage.
These Terms and Conditions shall be governed by and construed in accordance with English law, and the parties hereby irrevocably agree to submit to the exclusive jurisdiction of the English courts. Neither party shall be permitted, without the prior written consent of the other (such consent not to be unreasonably withheld or delayed), to assign, transfer or sub-contract to any third party the performance of all or any of its obligations under these Terms and Conditions, nor any benefit arising under or out of these Terms and Conditions.
Each party undertakes that it shall not use, divulge or communicate to any person, except its professional representatives or advisers or as may be required by law or any legal or regulatory authority, any Confidential Information concerning the other party which may have or may in future come to its knowledge and each of the parties shall use its reasonable endeavours to prevent the publication or disclosure of any Confidential Information.
For the purposes of this clause, "Confidential Information" means, in relation to an Affiliate to which this clause applies, all information relating to this agreement and the business, customers, financial or other affairs of that company which is not in the public domain.
Tiger.co.uk hereby agrees that the Affiliate shall be permitted to display the Tiger.co.uk logo, business name and other trademarks and trading names upon the Affiliate Site for the purposes of establishing Links and operating this agreement. The Affiliate hereby acknowledges that it shall not be permitted to use such items in any other manner. Such permission will automatically terminate upon termination of the link.
Each party hereby agrees that this agreement shall not operate to provide either party with any right in or to any Intellectual Property of the other.
In respect of the other’s Intellectual Property each party agrees not (without the other’s prior written consent) to use, modify or create derivative works, disassemble, decompile or otherwise reverse engineer, remove, obscure or alter proprietary notices or do anything which would undermine the ownership, value, good name or reputation of the Intellectual property of the other.
Products and Commissions
- Car Insurance
In respect of each sale Tiger.co.uk will pay to the affiliate a commission as follows:
- £20+VAT per car insurance policy sold
Tiger.co.uk is a trading name of Call Connection Limited. Call Connection Limited is a call transfer agency in the insurance market putting insurance providers in touch with their target risks, and delivering customers direct to companies that can help them.
There may be the possibility for the Affiliate to display a free phone contact telephone number for Call Connection Ltd’s telephone service on the Affiliates Website to allow the Affiliate to earn Commissions from Calls that are made to this number.
Where an affiliate is given the opportunity to offer this telephone shopping service, a commission of £3 will be paid for each successful transfer made to Call Connection Insurance partners.