Affiliate Partnership T&Cs

2. WHO CAN USE OUR SERVICES?

2.1 We want to ensure Our Affiliate Program is accessible to qualified businesses. Therefore:

Eligibility: We can only offer Our services to parties who are legally authorised to enter into contracts.

2.2 Agreement and Compliance: By using Our Affiliate Portal, Website, and Services, You agree to abide by all the terms and conditions of this agreement, any referenced policies, and all applicable laws and regulations.

2.3 Access and Use of Our Services: Ownership and Intellectual Property: We own or license all intellectual property rights associated with the Affiliate Portal, Website, Services, and all materials You access through them. This includes, but is not limited to, trademarks, copyrights, and the technology powering Our services. This Agreement does not grant You ownership of these rights.

2.3.1. Limited License for Use: We grant You a limited, revocable license to access and use the Website and Services solely for the purposes of participating in the Affiliate Program. This license does not permit You to:

2.3.2. Collect or use information from the Website for unauthorised purposes.

2.3.3. Engage in any activity that competes with Our business.

2.3.4. Breaching this Agreement or exceeding the scope of Your license can result in immediate termination of Your access.

3. CONFIDENTIALITY

This section outlines information considered confidential by Capitula (“Confidential Information”). 

You agree to keep this information confidential and use it only for the purposes of this agreement.

What is Confidential Information?

Confidential Information includes any information We provide You through the Affiliate Portal, Website, and Services, marked as confidential or that a reasonable person would consider secret. Here are some examples:

• This Agreement itself

• Information about Our business practices, strategies, and plans

• Customer information, including names, contacts, and purchase history

• Our technology, software, and processes

• Our financial information

• The identity of Our employees

3.1. Your Obligations:

3.1.1. You will not disclose any Confidential Information to anyone without Our written permission.

3.1.2. You will use Your best efforts to prevent unauthorised access to Confidential Information.

3.1.3. You will only use Confidential Information to promote Your business within the scope of this agreement.

3.1.4. You will not try to reverse engineer or decompile Our software.

3.1.5. Exceptions to Confidentiality:

3.1.6. Information that was already public knowledge before You received it from us.

3.1.7. Information that becomes public knowledge through no fault of Yours.

3.1.8. Information You rightfully obtain from a third party without a confidentiality obligation.

3.1.9. Information You develop independently without using Our Confidential Information.

3.1.10. Information We authorise You to disclose in writing.

3.1.11. Information required to be disclosed by law, in which case You will notify Us beforehand.

3.1.12. Restrictions on Use of Confidential Information:

You will not use Confidential Information to:

3.1.13. Solicit Our Affiliate Partners, employees, or contractors.

3.1.14. Hire former Capitula employees within one year of their departure (except those terminated for over a year).

3.1.15. Solicit business from Our customers or partners.

3.1.16. Interfere with Our relationships with any third party.

3.1.17. Ownership and Return of Information:

3.1.18. All Confidential Information remains Our property.

3.1.19. You will return all copies of Confidential Information to Us upon request.


3.1.20. By using Our Affiliate Program, You agree to these confidentiality terms.

4. GENERAL RULES

4.1 Maintaining Unique Affiliate Code Links: Your Unique Affiliate Code (UAC) Link is crucial for tracking Your performance in the Affiliate Program. Here’s why it’s important to maintain it:

4.1.1. Campaign Disruption: Modifying or removing Your UAC Link will disrupt Your current marketing campaigns and prevent them from directing traffic to the correct Affiliate Landing Page. This can lead to lost revenue opportunities for Us & Our Affiliate Partners & skew metrics & reporting required to monitor & track all campaign activities.


4.1.2. Agreement Breach and Compensation: Altering the UAC Link is a violation of the Agreement and may result in financial compensation being sought from You to cover lost revenue for both Capitula and other Affiliate Partners. This includes the time and resources spent investigating the issue.

In Summary: Please do not modify or remove Your UAC Link. It’s essential for the smooth operation of Your marketing campaigns and Your participation in the Affiliate Program

4.2 Planned Maintenance for Your Affiliate Landing Page: If You need to perform maintenance on Your Affiliate Landing Page (the page linked to Your UAC), it’s important to keep Us informed to avoid impacting the program. Here’s how:

Notification: Send an email to @capitula.co.uk with the subject line “Planned Maintenance – [Your Affiliate Name]”.

4.2.1. Timing: Notify Us as soon as possible, ideally with at least 7 business days’ advance notice.

4.2.2. Campaign Pause: We recommend pausing Your marketing campaigns with Our Affiliate Promoters during the maintenance period.


Following these steps will help ensure a smooth maintenance process and minimise any disruption to Our revenue and that of Your fellow Affiliate Partners.

4.3 Prohibited Activities: To maintain a fair and healthy Affiliate Program environment, We kindly ask You to refrain from the following activities:

4.3.1. Harmful Practices: Do not use viruses or other programs that could damage Our software or systems.

4.3.2. Unauthorised Modifications: Please don’t modify, copy, or try to reverse engineer Our technology.

4.3.3. Excessive Automation: Avoid using automated tools (like bots or Web scrapers) to excessively access Our Website or services beyond standard search engine usage.

4.3.4. Misusing Information: Do not collect email addresses or other user information through Our platform without permission.

4.3.5. Impersonation: Impersonating another person or entity is strictly prohibited.

4.3.6. Assisting Violations: Do not help others engage in any activity that violates this Agreement.

4.3.7. Branding and Framing: You cannot co-brand Our Website or services, frame them within Your own Website, or hyperlink to them without Our written permission.


By following these guidelines, You contribute to a positive and productive Affiliate Program for everyone.

4.4 Your Privacy: We take Your privacy seriously. By using Our Affiliate Program, You agree to Our Privacy Policy, which outlines how We collect, use, and disclose Your personal information. You can find the Privacy Policy on Our Website https://capitula.co.uk/privacy-policy/.

4.5 Password-Protected Areas: Access and Responsibility: The Affiliate Portal has secure areas requiring a password for access. We provide one initial login for a registered user within Your business, along with a temporary password You must change immediately upon first use.

4.5.1. Important: You are solely responsible for managing access to these secure areas within Your organisation, including:

4.5.2. Deciding who receives access among Your employees.

4.5.3. Ensuring the password remains confidential.

4.5.4. Resetting the password if it is lost, stolen, disclosed, or compromised.

4.5.5. Account Activity and Security:

You are fully responsible for all activity that occurs under Your account. If You suspect unauthorised use of Your account or a security breach, please notify Us immediately.

4.6 Account Security: Our Security Measures: We take steps to secure Your account on Our Affiliate Portal. Here’s what We do:

4.6.1. Strong Password Policy: We enforce an eight to fifteen character, which must contain one lowercase letter, one uppercase letter, one numeric digit & a special character as a minimum password policy, which is a security best practice.

4.6.2. Two-Factor Authentication (2FA): We highly recommend enabling 2FA for an extra layer of protection found within Your ‘Security settings provided’ for You in Your Profile area. This adds a verification step when logging in, making it harder for unauthorised access.

4.6.3 Your Responsibility:

Ultimately, You are responsible for the security and administration of Your Affiliate Portal access. This includes:

4.6.4. Granting access only to authorised personnel within Your organisation.

4.6.5. Ensuring strong passwords are used.

4.6.6. Enabling 2FA if available.

4.6.7 Login Activity

We can provide timestamps for all activity on Your account. However, due to security protocols, We cannot offer detailed information beyond timestamps.

4.7 Expanding Your Marketing Reach: Collaboration with Other Promoters: Capitula may occasionally recommend other Affiliate Promoters who could be a good fit for promoting Your products or services. This can provide You with additional marketing channels. Each Promoter will have a unique UAC embedded within their approved marketing campaigns.

4.7.1. Communication about New Promoters: We will always contact You in advance to discuss potential collaboration with other relevant, non-competing brands. This helps Us support Your marketing efforts through these additional partnerships.

4.7.2. Pausing Affiliate Campaigns: Mutual Agreement: You can request to pause a campaign for a specific timeframe by contacting Capitula at @capitula.co.uk with the subject line “Campaign Pause Request.”

4.7.3. Capitula-Initiated Pauses: In rare circumstances, Capitula may need to pause a UAC due to unforeseen events. We will communicate this to You directly and may recommend removing campaigns related to that particular Promoter.

4.8 Matching You with Affiliate Promoters: While We strive to connect You with Affiliate Promoters who align with Your target audience, a reciprocal partnership (where both parties promote each other’s products) isn’t always guaranteed.
Here’s why:
4.8.1. Independent Decisions: Ultimately, both You and the potential Promoter have the final say on promoting each other’s products.

4.8.2. Finding the Right Fit: Our focus is on finding suitable alternatives that best reach Your target audience, even if a reciprocal partnership isn’t established.

4.9 Embedded Code Updates

4.9.1. We may, at Our sole discretion, require You to update the embedded code You use to display Our Affiliate Advertisements or links on your website or platform. These updates are necessary to ensure full functionality and accurate tracking of your performance within Our Affiliate Program.

4.9.2. We will provide You with reasonable notice of any required embedded code updates. This notice will be sent via email/notification and displayed within the Affiliate Portal.

4.9.3. You are strongly encouraged to update Your embedded code within 24 hours of receiving notification. Failure to update the embedded code within a timely manner will result in:

Inaccurate tracking: Your affiliate performance data may be incomplete or inaccurate.

Disrupted functionality: The advertisements or links you display may not function properly.

Potential program violation: Continued use of outdated code could be considered a violation of Section 4.1.2. Agreement Breach and Compensation.

4.9.4. If you encounter any difficulties updating your embedded code, please contact Us for assistance.

4.9.5. Link Performance Monitoring. We will periodically conduct performance checks on affiliate links (indicated as “Test”) to ensure they are functioning correctly and directing users to the intended destination. These checks are complimentary and will not incur any charges for you. We may require Your cooperation during these tests or when fixing any potential issues.

5. RESERVATION OF RIGHTS

5.1 Monitoring Transactions: We reserve the right to monitor transactions that occur through Our Affiliate Program to ensure everything is running smoothly. However, We are not obligated to do so.

5.2 Modifications to the Service: We may occasionally update the Affiliate Portal, Website, or Our services to improve functionality or for other reasons. We will try Our best to notify You in advance of any significant changes.

6. EFFECTIVE DATE & TERM

6.1. Agreement Start and Duration: This Agreement becomes effective when Capitula and You sign it.  This Affiliate Agreement starts from “The Affiliate Commissioner” signing date.  It will remain in effect indefinitely unless terminated under the following circumstances:

6.1.1. Need to Update Terms: If We need to make significant changes to the Agreement, We will send You a new one for Your signature.

6.1.2. Cancellation or Termination: The Agreement can also be terminated based on the provisions outlined in Section 10 of this Agreement (refer to Section 10 for details on termination).

7. REPRESENTATIONS AND WARRANTIES

7.1 Mutual Promises: Both Capitula and You (the Affiliate) promise the following:

7.1.1. Authority to Sign: We both have the legal authority to enter into this Agreement.

7.1.2. No Conflicting Agreements: This Agreement doesn’t violate any other agreements We may have.

7.1.3. Binding Agreement: This Agreement is a legal and enforceable contract between us.

7.2 Your Responsibilities: By using the Affiliate Portal, UAC, and Our Services, You warrant (guarantee) that You will:

7.2.1. Respect Intellectual Property: You won’t copy or misuse anyone else’s intellectual property (copyrights, trademarks, patents, branding etc.).

7.2.2. Follow the Rules: You will comply with all applicable laws and regulations.

7.2.3. Avoid Harm: You won’t damage or disrupt any software or hardware.

7.2.4. Accurate Information: You will provide accurate and up-to-date billing and contact information.

8. DISCLAIMERS AND LIMITATIONS

8.1 Using the Affiliate Program “As Is”: We provide the Affiliate Portal, UAC, and all content for Your use “as is” and “as available.” This means We can’t guarantee that:

8.1.1. The program will be uninterrupted.

8.1.2. There will be no errors or inaccuracies.

8.1.3. It will work perfectly with Your specific hardware or software setup.

8.1.4. We also disclaim any implied warranties, such as those for merchantability, fitness for a particular purpose, or non-infringement.

8.2 Our Liability: We strive to provide a reliable Affiliate Portal and high-quality services. However, Our liability under this agreement is limited. Here’s what that means for You:

8.2.1. We are not responsible for:

8.2.2. Indirect or consequential losses (lost profits, lost data, reputational damage).

8.2.3. Unforeseen or incidental damages (unexpected costs or losses).

8.2.4. Punitive damages (penalties for especially harmful behaviour).

In simpler terms, Our responsibility is limited to the specific terms outlined in this Agreement.

9. INDEMNIFICATION

9.1 Your Responsibility for Claims: In this Agreement, You agree to protect Capitula and its affiliates (including employees, contractors, directors, etc.) from any legal claims, damages, or expenses arising from Your breach of this Agreement. This includes covering legal fees if such a claim arises.

Here’s a breakdown:

9.1.1. If You violate the Agreement: If a third party sues Capitula because of something You did that goes against this Agreement, You are responsible for the damages and legal costs.

9.1.2. Capitula Controls the Defence: Capitula has the right to handle the legal defence for such claims, but at Your expense.

9.1.3. Our Approval for Settlements: You cannot settle any legal claims without written permission from Capitula.

10. TERMINATION OF AGREEMENT

10.1 Ending the Agreement: This Agreement has a minimum term (refer to Page 1 of this Agreement for details). After that period, either You or Capitula can terminate it by providing written notice.

10.1.1 How to Terminate:

10.1.2. By You: If You wish to terminate, send an email to @capitaula.co.uk with the subject line “Affiliate Agreement Termination – [Your Name]”. Briefly state Your reason for termination.

10.1.3. By Capitula: If Capitula needs to terminate, We will send an email to Your registered email address explaining the reason.

10.1.4. What Happens After Termination:

10.1.5. Final Payment: All current and pending transactions will be processed and paid out to relevant Promoters as Your “Final Credit.” Any remaining credit will be refunded to Your original payment method according to the Payment Terms.

10.1.6. UAC Deactivation: Your Unique Affiliate Code (UAC) will be deactivated, stopping all future transactions and advertising links from Affiliate Promoters.

10.1.7. Data Download: You will have 7 business days to download all reports and invoices from the Affiliate Portal before Your access is terminated.

10.1.8. Additional Termination Rights:

Capitula reserves the right to suspend or terminate Your access to the UAC, Affiliate Portal, and services immediately, without prior notice, if We believe You have violated a term of this Agreement (at Our sole discretion).

10.1.9. You acknowledge that Capitula has the sole discretion to suspend or terminate Your access, and We will not be liable for any damages resulting from such action.

10.2. What Happens After Termination (Continued): Your Access Ends: Upon termination, Your access to the UAC, Affiliate Portal, and Our services will be terminated.

10.2.1. Agreement Survival: Certain parts of this Agreement, such as confidentiality obligations, may still apply even after termination. However, We will clarify this in a separate communication if necessary.

10.3. Data Deletion After Termination: Campaign Deactivation: When the Agreement ends, all Your marketing campaigns, including Your UAC, will be disabled.

10.3.1. Data Deletion Timeline: Within 30 to 90 days after termination, We will delete all Your data except for historical payment transaction records (needed for accounting and tax purposes) which We will keep for 7 years.

10.3.2 No Liability: We won’t be liable to You or any third party for data deletion after termination.

10.4. Outstanding Credit: Refund Method: Any remaining credit in Your account will be refunded to You via BACS (bank transfer) within 2 business days.

11. SENDING IMPORTANT NOTICES

11.1 How We Will Contact You: We’ll use the email address you provided during registration (“Direct Contact Email”) to send you important information about Your Affiliate Campaigns & Important Notices. We’ll consider a notice delivered within 24 hours of sending it if there are no delivery errors.

11.1.1. To ensure you receive important updates: Check your email regularly, especially the address you provided as your “Direct Contact Email.”

11.1.2. Look for a unique Affiliate Code (UAC) at the bottom of every system-generated email to confirm it’s from us.

11.1.3. Internal Portal Communication: If we send you a message through the Affiliate Portal, you’ll also receive an email notification. You can access the full message within the “Notification List” section of your portal.

11.2. How You Can Send Us Notices:

You can send Us notices by email to @capitula.co.uk or using Our Chat Bot facility within Your Portal.

11.2.1. Notice Hours:

Please note that all notices are considered received during regular UK business hours (Monday to Friday, 9 am to 5 pm).

11.2.2. Email as Written Communication:

If the law requires certain communications to be “in writing,” both You and Capitula agree that email communication satisfies this requirement.

12. YOUR RESPONSIBILITIES

12.1 Affiliate/Designated Landing Page:

12.1.1. Creating a Landing Page: You will need to create a designated landing page on Your Website that incorporates Our Unique Affiliate Code (UAC) for tracking purposes. This UAC will be displayed at the top of the page.

12.1.2. Hosting and Maintenance: You are responsible for hosting and maintaining this landing page on Your servers, ensuring it functions correctly as described in Section 1.5 (refer to Section 1.5 for details).

12.1.3. UAC Code Changes: Do not modify Your UAC link unless We instruct You to do so in writing.

12.2. Marketing Materials: Creating Ads:

We: We can create banner ads or other marketing materials based on Your brand specifications.

You: You can also create Your own marketing materials for the campaign.

12.2.1. Brand Approval:

Our Ads: Any marketing materials We create will follow Your brand guidelines (once You provide them). You will need to approve these materials within a reasonable timeframe before they can be used in the campaign.

12.2.2 Following Advertising Standards:

It’s important to adhere to the latest guidelines set by the Advertising Standards Agency (ASA) for online affiliate marketing.

We recommend you review the ASA’s guidance on affiliate marketing for more information: https://www.asa.org.uk/advice-online/affiliate-marketing.html

12.2.3. Using Partner Names and Logos:

Restrictions: Neither You nor Capitula can use the other party’s name or logo in marketing materials, client lists, or anywhere else related to this agreement without written permission from the other party.

12.3. Tracking and Performance
12.3.1. Minimum Credit: To participate in the program, You agree to maintain a minimum credit balance of £50. You can view Your current credit balance and detailed transaction information in real-time within the Affiliate Portal.

12.3.2. Transaction Details:

The Affiliate Portal will display the following information for each transaction originating from Your landing page:

Ad Campaign Token & Position;

UAC: The unique affiliate code used;

Transaction Date + Time: Date of the metric action;

Transaction Value: Total amount of the acquisition sale (CPA only);

Metric Type: Whether the transaction is ready, pending, or settled; 
IP address: Unique Identity of customer router address; and

Status: Overview of all transactions (payable/paid).


12.3.3. Tracking Code and Performance Reviews:

To track Your campaign performance accurately, You’ll need to integrate Our tracking code into Your Website’s header section found within the Campaign Configuration section of the Affiliate Portal. Here We provide clear step-by-step instructions to make this process easy for You, or Your Website manager to complete.


12.3.4. Required Tracking Code for Reporting

To ensure accurate tracking and reporting of Your affiliate campaigns, You’ll need to insert the following code snippets into Your designated Website:

1. Header Code (Main Code): This is the core code that allows Us to track activity on Your Website.

2. Registration Wrap (Capture Email Addresses): This code snippet captures email addresses from user registrations.

3. Payment Wrap (Capture Total Price & Transaction ID): This code captures the total price and unique transaction ID of each purchase, allowing Us to track sales and commissions accurately.

How to Insert the Code:

We will provide You with the specific code snippets and instructions on where to insert them on Your Website. This might involve adding the code to Your Website’s header template or integrating it with Your Website’s registration and payment forms.

Importance of Complete Data:

Including all these code snippets is crucial for accurate reporting and commission calculations.

12.3.5. Periodic Reviews. We will conduct periodic performance reviews and may suggest Ad Campaign changes, and other Affiliate Promoters to potentially appear alongside Your Ads (refer to Section 4.7.1 for details).

12.4. Dispute Resolution for Transactions

12.4.1. Preventing Duplicate Commissions

Our Affiliate Portal is designed to prevent You from paying duplicate commissions for the same click or action. Here’s how it works:

Clicks (CPC): We use cookies to track clicks. You will only see one commission per click within a 30-day period.

Leads (CPL): To qualify for commission on a lead, each lead must have a unique email address.

Sales (CPA): For commissions on sales (CPA), each sale will have a unique transaction ID.

Time and Date Tracking: All clicks, leads, and sales will be recorded with a precise timestamp (including hour, minute, and second) in Coordinated Universal Time (UTC).

12.4.2. Reporting Other Discrepancies: If You find any discrepancies in Your Affiliate Portal data that doesn’t fit the categories mentioned above (clicks, leads, or sales), You must report them within 1 business day (24 hours) of the transaction date.

12.4.3. How to Report:

Email: Send an email to @capitula.co.uk with details of the discrepancy.

Chat Bot: You can also report the issue using the Affiliate Portal’s chat bot functionality (if available).

12.4.4. Our Review Process: We will review any discrepancies You report. To help Us investigate, We take the following information into account:

Token ID number: This identifies the specific Promoter campaign.

Time/Date stamp: This indicates when the data was received.

IP addresses: This identifies where the metric came from in the form of an ID number only.

Transaction ID: This identifies the specific purchase or action.

12.4.5. Our decision is final based on the data we have received for the queried transaction. Should We approve a discrepancy, We will immediately Credit Your account for the Affiliate Cost listed, and will reflect as a -£x.xx in Your ‘Affiliate Costs’, and a status displays as ‘Rejected”.

12.5. Tracking and Reporting: Affiliate Link Tracking: We will track all activity through Your unique Affiliate Link. This data will be used for reporting and invoicing purposes within the Affiliate Portal.

12.5.1. All traffic will be directed through Your designated URL.

12.5.2. Recurring Fee and Data Collection:

As per Section 13 (refer to Section 13 for details), a recurring fee applies based on specific metrics. After a customer completes an action (CPL) or makes a purchase (CPA). Please note Our system only tracks one (1) CPC click within a 30 day period, using agreed-upon cookies.

12.5.3. Existing Customer Re-registration: Our systems (or Yours) should automatically reject any attempt by an existing customer to re-register using the same email address. (See 12.4.1 Preventing Duplicate Commissions).

12.6. Data Privacy: Your Data Ownership: All customer data You collect through Your Website belongs to You.

12.6.1. Information Capitula Tracks: Through this Agreement, Capitula is only allowed to track the following information via cookies for reporting purposes:

12.6.2. A unique affiliate code (UAC) in the form of a token number (not encrypted on Your side).

We will never use or sell any personal customer details.

12.6.3. Cookie Limitations: Our cookie tracking relies on users allowing all cookies and not using incognito mode. If users block cookies or go incognito, some data may not be recorded which is beyond everyone’s control as this is a user preference.

12.6.4. Transparency in Your Privacy Policy: You are required to be transparent about the use of affiliate cookies in Your Website’s privacy policy.

We recommend clearly stating that Capitula does not store any personal data (as mentioned in section 12.6.2) in Your privacy policy.

12.6.5. Data Protection Laws (GDPR/CCPA):

Data protection laws like GDPR and CCPA require clear and informed consent from users before collecting their personal data. As an affiliate marketer, You are responsible for ensuring Your audience understands what data they are consenting to when they visit Your Website.

12.7. Reporting Payment Issues: Missed or Delayed Credits: If You believe a Credit/Payment is missing or delayed, please contact Us immediately by emailing @capitula.co.uk 

12.7.1. What to Include in Your Email:

• Your Unique Affiliate Code (UAC)

• Expected Payment Date

• Payment Amount

• Any relevant evidence (e.g., bank statements)

12.7.2. Impact of Low Credit Balance:

If Your credit balance falls below £50 and We don’t receive any communication regarding a missing payment, We may pause all Your current and future marketing campaigns under Our Payment Terms (refer to Payment Terms section for details).

12.8. Dual Affiliate Accounts: Earning Commissions as an Affiliate Promoter and Commissioner. If You have both an Affiliate Promoter account and an Affiliate Commissioner account (dual accounts).

12.8.1. We will automatically pay by default any commissions earned from Your promotional campaigns directly into Your Commissioner account.

12.8.2. Withdrawing Commission Earnings By default, all approved commissions will be allocated towards Your ongoing marketing campaigns within Your Affiliate Commissioner Portal. This can be subject to change with periodic reviews based on Your performance and overall program usage.

However, if You wish to withdraw Your earned commissions at any point, You can do so by emailing @capitula.co.uk before the next payment threshold (mentioned in Your Profile area, under special instructions) is reached. Clearly state “Commission payment as BACS” in Your email subject line.

13. COMMISSION RATES

13.1. How Promoters are Paid: As an Affiliate Commissioner, We will automatically pay a Fixed% of Commission for each successful Metric generated through Their marketing efforts, according to the following agreed rates with Yourself & Us.

Periodic Reviews: We conduct regular commission rate reviews to ensure they remain competitive within industry benchmarks and maintain program effectiveness. These reviews will consider Your performance and overall program strategy.
These Commission Rates are displayed clearly within your Profile area of the Portal.

13.1.1. Cost-per-Click (CPC): £p per click on Your banner ads.

13.1.2. Cost-per-Lead (CPL): £p per completed registration form on Your landing page.

13.1.3. Cost-per-Acquisition (CPA): % of the total sale value for each completed transaction.

Important Note: Sales are Final for Affiliate Promoter Commissions. Please be aware that for affiliate commission purposes, all tracked Cost-per-Acquisition (CPA) sales are considered final. This means:

13.1.4. Once a customer completes a purchase, the affiliate earns their commission.

13.1.5. Refunds will not affect affiliate commissions. Even if a customer requests a refund directly from You (the merchant), the affiliate will still be paid their commission.

13.1.6. What Counts as a Valid Click, Lead & Sale (“Qualified Transaction”)

For an Affiliate Promoter to earn their commission, a sale needs to meet these criteria:

13.1.7. Real Person: The action must be taken by a genuine person, not a computer program (bot) or automated script.

13.1.8. Unique Link Access: The customer must access the merchant’s Website through Your unique affiliate link.

13.1.9. No Pre-Filled Forms: The customer must complete the required information themselves, without pre-filled data.

13.1.10. Timely Completion: The customer must complete the action (e.g., purchase) within the allowed timeframe.

13.1.11. Valid and Complete Information: The customer’s information must be valid, complete, and not a duplicate of an existing record.

13.1.12. No Fraudulent Activity: The transaction cannot be fraudulent or otherwise illegitimate.

13.2. Tracking and Reporting in the Affiliate Portal: Credit Balance: You can view Your current Credit balance, Campaign Budget, Latest Transactions within Your Affiliate Portal Dashboard.

Transaction Details: The Affiliate Portal provides a detailed record of all Your transactions and metrics. This includes information such as:

• Token number

• Promoters unique affiliate code (UAC)

• Transaction date

• Transaction value

• Affiliate Cost (to You)

• Metric type (CPC, CPL, CPA)

• Transaction ID (if applicable)

• Ad position (where Your ad was displayed)

• Reason (if applicable)

• Transaction status

• IP Address Tracking.


13.2.1. We track both IPv4 and IPv6 addresses to ensure accurate reporting. Note, However, some internet service providers may block IP tracking, which can result in encrypted numbers appearing in your reports.

13.2.2. Network Restrictions: Some networks prevent IP address tracking for privacy reasons.

IPv6 Adoption: As the internet transitions to IPv6, you may see a mix of IPv4 and IPv6 addresses in your reports. Even with limitations, IP address tracking remains a valuable tool.

This information allows You to easily track Your performance and understand how much You’re earning.

13.3. Minimum Balance for Payment and Program Participation: To remain active in the Affiliate Program and ensure timely payments to Your affiliated promoters, Your account balance must be at least £50.00 at all times.

13.3.1. If Your account balance falls below £50.00, We may pause Your participation in the Affiliate Program and withhold payments to promoters until Your balance reaches the minimum threshold again.

13.4. Tax Responsibilities: You are responsible for any taxes arising from Your affiliate marketing activities, promotion, or the services You provide. We do not withhold or pay any taxes on Your behalf.

13.4.1. It’s important to consult with a tax advisor to understand Your specific tax obligations related to any affiliate income.

13.5. Inactive Credit Balances: According to Our Payment Terms (refer to Payment Terms section for details), any credit in Your account exceeding £50 that remains unused for over 12 consecutive months will be automatically refunded to Your original payment method.

13.5.1. This ensures that Your earned commissions (if applicable) are used actively and prevents a buildup of inactive credit.

14. AFFILIATE AGREEMENT – MISCELLANEOUS

Here’s a breakdown of the “Miscellaneous” section of Your Affiliate Agreement, focusing on clarity and user-friendliness:

14.1. Agreement Terms: This Agreement applies to You (the affiliate), Capitula, and any successors or permitted assignees (companies that take over Our rights or obligations).

14.1.1. The Agreement is governed by the laws of the United Kingdom, even if You live elsewhere.

You cannot assign this Agreement to another party without Our written permission.

14.2. Entire Agreement and Waivers: This Agreement, along with any referenced policies, constitutes the complete agreement between us. It supersedes any prior agreements or discussions.

14.2.1. Neither party waives their rights by not enforcing a specific provision of the Agreement.

Any rights not expressly granted in this Agreement are reserved by both parties.

14.3. Independent Contractor Status: You and Capitula are independent contractors. This Agreement does not create an agency, partnership, joint venture, or employee-employer relationship.

14.4. Severability: If any part of this Agreement is found to be invalid or unenforceable, the remaining parts will still be valid and enforceable.

14.5. Non-Exclusivity: We work with various partners in the same sector. This Agreement does not give You exclusive rights to work with Us or specific affiliate promoters.

14.5.1. Working with a network allows Us to offer a wider range of products and services, ultimately benefiting all affiliates, including You.

14.5.2. Your ads may be displayed alongside ads from other affiliates. This is not about exclusivity, but maximising exposure for everyone. A wider network of affiliates can reach a larger audience, potentially leading to more clicks and conversions for all.

14.6. Contact Information

If You have questions or concerns about this Agreement, please contact Us by email at @capitula.co.uk with “Affiliate Agreement” in the subject line.
15. CONSENT
15.1. Signing & Submitting By electronically signing below, You confirm that You have read and understood the full terms and conditions of this Affiliate Agreement.

This Affiliate Agreement starts from “The Affiliate Commissioner” signing date. This Affiliate Agreement may be subject to change over time. We will announce any revisions to these Terms & Conditions (T&Cs) through the Online Portal. Your continued participation in the program after the effective date of the changes constitutes your acceptance of the revised T&Cs.

This Agreement was last updated on 28 November 2024