Affiliate Terms & Conditions
GK Icon Limited reserves the right to amend and update these Terms and Conditions at any time giving notice of when changed terms are posted on www.gkicon.com
1. Commencement and Termination.
This Agreement shall come into force upon your acceptance as an Affiliate and shall remain in effect until terminated.
The Affiliate is entitled to terminate this Agreement with immediate effect at any time. The Affiliate must cease to use the service immediately upon the termination of this Agreement and delete all links to Linked Websites and, for the avoidance of doubt; the Affiliate shall not be entitled to receive any Commission on any Referrals made after the termination date.
GK Icon Limited is entitled to terminate this Agreement and/or suspend the Affiliate from GK Icon Limited service or from a certain Merchants Affiliate Program at any time, giving reasonable notice where possible.
The Merchant is entitled to terminate and/or suspend the Affiliate from their Program at any time, giving reasonable notice where possible. In the event of Affiliate fraud or suspected criminal activity the Merchant is entitled to terminate and/or suspend the Affiliate from their Program without any notice.
The Affiliate shall acquire no rights following the termination of this Agreement to use Intellectual Property Rights of GK Icon Limited or the Merchants including domain names or any text, or images, banners or any other works created by or for GK Icon Limited or the Merchants.
2. Payment.
2.1 Payment Models
GK Icon Limited will make payments to all affiliates under one model:-
GK Icon Limited undertakes to make payments to affiliates on this payment model 4 weeks after the end of the month in which they have made a sale or action that would result in being paid.
2.2 General
Payment is only made to Affiliates in the UK that have a minimum balance of £25 (twenty-five pounds) in their account or joint accounts. All Affiliates outside of the UK have to reach a minimum balance of £50 (fifty pounds) in their account or joint accounts before payment is made. Affiliates who do not meet the minimum balance requirements will not be eligible for payment until it has been reached. Furthermore any account that has had no activity (clicks, sales etc.) for a period of 6 calendar months will be deemed to be abandoned and GK Icon Limited will apply a variable account closing charge up to the maximum of £25. The charge will never be greater than the balance in the account.
Affiliates will receive payment for any action that is payable as set out by each individual Merchant.
GK Icon Limited will provide the Affiliate with a detailed real time reporting system showing commission has been earnt. The Affiliate agrees to regularly check their reports to ensure that the commission shown is correct. GK Icon Limited accepts no responsibility for any errors or omissions and their consequential implications which are not notified to us in writing within a 4 week period. This four week period begins on the day that the sale/action which generates the commission took place. The exception to this is where the affiliate program operates on a batch reporting system and not in real time. Where that is the case, the four week period begins when the batch report which includes the day that the sale/action generating the commission took place is uploaded by GK Icon Limited. While GK Icon Limited will do everything we can to correct any errors or omissions which may occur, we will not be liable for any of these which are not brought to our attention within the 4 week period as detailed above.
In the event of any Affiliate fraud, all transactions in the Affiliates account will be reversed. In addition GK Icon Limited may recover any payments made before fraud has been detected. We also reserve the right to take legal or criminal action against the companies and individuals involved.
In the event of suspected fraud, payment to an Affiliate's account will be stopped and the Affiliate will be asked to provide additional information as to ascertain where any rules or program terms may have been broken. Failure to comply will result in monies being withheld and the Affiliate's account being terminated.
GK Icon Limited requires that all Affiliates supply an invoice before payment will be made. All invoices must include full legal trading details including VAT number where appropriate. Nothing in this Agreement shall create or be deemed to create, a partnership or relationship of employer and employee between GK Icon Limited and the Affiliate.
Any Affiliate outside of the United Kingdom to whom we pay regular or one off large sums of money may be asked to provide information in compliance with Money Laundering Regulations. Failure to comply will result in monies being withheld.
The Affiliate is responsible for the payment of all tax and national insurance payable on any payments made to him/her by GK Icon Limited.
3. Indemnification.
The Affiliate shall keep GK Icon Limited indemnified against any claims for damages or other claims for compensation arising from the contents of the Affiliate's website or any incorrect information given to GK Icon Limited by the Affiliate. The Affiliate shall also compensate GK Icon Limited for any other damages or costs caused by the Affiliate's improper, negligent or unauthorised use of GK Icon Limited service and technical problems or loss of data caused by the Affiliate on GK Icon Limited website or on any website to which the Affiliate is linked by GK Icon Limited.
4. Liability - System failure, viruses, damages, downtime.
GK Icon Limited shall not be liable to the Affiliate for defects in the service, interruptions in the accessibility to the service, infringements on data or loss of data on the information handling system, defects in the security system or viruses or other harmful software components, loss of profits, contracts, loss of reputation, loss caused by any third party deleting, removing, deactivating or tampering with the Affiliate Tracking Service or other indirect or consequential loss whether arising from negligence, breach of contract or whatsoever.
5. Liability Limits.
GK ICON LIMITED TOTAL LIABILITY TO THE AFFILIATE INCLUDING IN CONTRACT SHALL NOT EXCEED £250 (TWO HUNDRED AND FIFTY POUNDS).
GK Icon Limited cannot guarantee or warrant the performance of GK Icon Limited service or the links to any linked websites. GK Icon Limited shall not be liable for any error in the implementation of the links on the Affiliate's website or for the specified function of the links.
6. Legal Content and Approval.
The Affiliate is solely responsible for his/her Web Link and all its contents and shall ensure that they conform at all times to all applicable laws and regulations. If the Affiliate is based outside of the United Kingdom then they must also undertake to ensure their website is compliant with the laws of the United Kingdom.
The Affiliate shall not use his/her links with any website/service that is not registered with or notified GK Icon Limited.
Affiliates agree to comply and abide by any additional terms or restrictions which will be notified to you by GK Icon Limited in an email or newsletter.
7. Fraudulent Traffic.
The Affiliate must not in any way generate or contribute to generating Artificial Traffic to Linked Websites.
The Affiliate should not use any means of artificial traffic to gain sales commission, this includes the use of software or products that alter fellow Affiliates link codes or intercept click through traffic from the affiliate to the merchant's site.
The Affiliate may not use links to GK Icon Limited in software programs without first submitting a full copy of the software for review by GK Icon Limited - Technical Department. If a program is accepted to promote GK Icon Limited you must also notify GK Icon Limited of any major changes to the way the program is used. Programs that may not be acceptable include any program that perform functions such as reporting back user activity, displaying adverts over or on sites that belong our competitors, and programs that interfere with other Affiliates websites in any fashion. If you are in any doubt please contact us so we may audit your program before you join GK Icon Limited. Any Affiliates using programs should be aware that they could be removed without notice.
8. Copyright / Intellectual Property.
GK Icon Limited owns all copyrights, trademarks, intellectual property rights, know-how or any other rights connected to the service or software necessary for the service. The Affiliate does not acquire any rights or licences whatsoever under this Agreement other than to use links to Linked Websites on the terms of this Agreement.
9. Affiliates Information e.g. email, performance statistics.
The Affiliate consents to the publication of the Affiliate's name and web address etc on the GK Icon Limited website and to GK Icon Limited sending newsletters etc to the Affiliate's e-mail address and using the information given by the Affiliate for marketing purposes. The Affiliate confirms that in order to enable GK Icon Limited to improve and/or to promote or market the service, GK Icon Limited may produce statistics or summaries relating to the use of the service.
GK Icon Limited may contact the Affiliate by email, telephone or post for feedback relating to the service including any ways in which it might be improved both for the network and for the individual Affiliate.
10. Legal Age.
The Affiliate confirms to GK Icon Limited that the Affiliate is not a private individual less than 18 years of age. If you are under 18 years old and would like to become an affiliate, you must get a parent or guardian to sign-up on your behalf.
11. Applicable Law.
GK Icon Limited shall not be liable for the legality of GK Icon Limited service in countries other than the United Kingdom. The Affiliate is solely responsible for the legality of the use of the service if the Affiliate is registered to GK Icon Limited 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.
This Agreement is subject to the laws of Scotland and shall be subject to the non-exclusive jurisdiction of the Scottish courts.
If any dispute arises out of this Agreement the Parties will attempt to settle it by a mediation procedure as the parties may agree in writing.