Ambassador Terms and Conditions

AMBASSADOR TERMS AND CONDITIONS

This website ('Website") is operated by Phoenix Crown Ltd.  Throughout the Website, the terms “we”, “us” and “our” refer to Phoenix Crown Ltd.  

SECTION 1 - ACCEPTANCE OF TERMS

By participating in our Ambassador Program (the "Program"), you agree to be bound by the following terms and conditions for Ambassador Terms and Conditions ("Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink to include our Privacy Policy and our Terms of Service.

By accessing or using the Program, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access or participate in the Program.


SECTION 2 - ELIGIBILITY

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence.

To be eligible for the Program, you must be at least 18 years old. You may not participate in the Program where doing so would be prohibited by any applicable law or regulations.

SECTION 3 - PROGRAM REGISTRATION AND ENROLMENT

You may apply for the Program by visiting our ambassador registration page accessed through any location it is situated across our Website or our social media channels. The application form must be completed accurately and you may not pretend to be someone other than yourself by use of a false email address or any other means to mask your true identity or contact information. We will assess your application and notify you of your acceptance or rejection to the Program within 5 business days. If you are accepted into the Program, you must provide us with any future updates to your account information on a timely basis. We reserve the right, at our sole discretion, to accept or reject your application for any reason. 

SECTION 4 - PROGRAM INFORMATION

If your registration to the Program is accepted, you will be provided with a unique ambassador link ("Link") which will lead to the Program's Website and will be uniquely attributable to your specific Program account. You may display the Link only on the media channels you control, which have been submitted to us for review upon initial registration, emails sent by you and your online advertisements (collectively the "Channels"). A Link displayed within emails sent by you must clearly identify as coming from you and you are wholly responsible for providing any appropriate opt-out links to recipients and to adhere to any other anti-spam practices to maintain a reputable position. Under no circumstances should any email sender addresses sent by you appear to come directly from us. This includes, but not limited to, using our name, logos, trademarks or other intellectual property owned by us, in the email subject field, email preview text or any closing statement in any such email.

The unique Link provided to you must not, under any circumstances, be shared with a third-party ambassador directly, or as part of any affiliate network platform or similar partner network platforms. Any third-party ambassador must enrol through the Program's ambassador registration page in order to be verified and approved by us. If approved, the third-party ambassador will be provided with a unique Link attributable to their individual Program account.

SECTION 5 - COMMISSIONS AND PAYMENTS

Commission will be attributed to your Program account where a customer referred has placed an order ("Qualifying Order") using your Link. A Qualifying Order means, including but not limited to, an individual person who (i) arrives at the Program's website using your Link and completes an order with no subsequent cancellations (ii) completes the order within the timeframe allowed by us from first visiting the Program's website using your Link (iii) subsequent to completing the order, it is not later deemed by us to be fraudulent, incomplete, duplicated or non-qualifying based on any other grounds, and (iv) is not a robot, spam bot, spider, computer script or any other such automated system and/or artificial creation imitating an individual person.

Commission payments will only be earned and applied to your Program account upon a Qualifying Order transaction taking place, and approved upon the lapse of a 21 day pending status to allow for any subsequent, disqualifying actions. A Qualifying Order is deemed disqualified in the event that the Qualified Order is returned by the individual and refunded by us, or if it results in a chargeback. All Qualifying Orders which are later disqualified as aforementioned, will result in a reversal of any commission payments pending on your Program account, or in the case where these have already been paid out to you, will be reversed from subsequent commission payments.

Commission earnings are calculated as a percentage value of the order which excludes taxes, delivery costs and other fees that may be payable by us or the referred customer. The percentage value is defined in the details of the scheme made available to you in the Program dashboard and this may or may not offer a tiered commission earning format. A commission earning period will be a full calendar month commencing at 12.01AM GMT on the first day of the month and ending 12.00AM GMT on the last day of the month. We will pay all commissions approved in a commission earning period within 10 days of the following commission earning period, to the payment method you have specified in the Program dashboard settings. The Program's default setting for payment method is store credit and it is your responsibility to select an alternative method if that is your preference, from the options provided in the payment area of your Program dashboard. You may view the status of commissions pending, approved and paid to you at any time from the commissions area of the Program dashboard made available to you.

SECTION 6 - DISPUTES AND DISCREPANCIES

You will have 30 days from the date of an invoice to submit, in good faith, a dispute for the amount included in the invoice. If a dispute is not received within this period, you agree to irrevocably waive your right to any future claims to the invoice as aforementioned. In the event that you claim a discrepancy of tracked Qualifying Orders, this must be reported to us within 3 business days following the end of the commission earning period within which the discrepancy arose. If the discrepancy varies by more than 5% between our reports and your tracking of Qualifying Orders, and where we can deem you have used generally accepted industry methods to track Qualifying Orders, then we will aim to arrive at a reconciliation in good faith. In the event we are unable to reconcile for any reason whatsoever, our reports shall govern the discrepancy outcome. For the avoidance of doubt, all tracking of Links and determination of Qualifying Orders and commissions earned will be made at the sole discretion of us.

SECTION 7 - OUTSTANDING PAYMENTS

In the event an outstanding balance is due from you, whether or not related to the Program under these Terms or any other terms between you and us, you agree such outstanding balance will be offset and deductible from amounts payable to you under these Terms.

SECTION 8 - ADVERTISING RESTRICTIONS AND INTELLECTUAL PROPERTY

Your unique Link must not be displayed or appear to be associated with any chat rooms, including online community forums or bulletin boards. Any adverts sponsored or otherwise, and any pop-ups used in relation to the Program on your Channels must not, under any circumstances, appear to be sponsored directly by us or resemble the Website. This includes, but not limited to, using our name, logos, trademarks, copyright, graphics or other intellectual property owned by us. You may not modify, alter or create any derivative of the Link provided to you and are entitled to use the Link to the extent it is provided to you for as long as you remain a member of good standing in the Program, or until we revoke the license by giving you written notice at anytime in our sole discretion.

SECTION 9 - COUPON CODE RESTRICTIONS

You are strictly prohibited from using coupon codes to promote or attract customers to refer to the Program. This includes, but is not limited to, coupon sharing websites or forums, social media channels and any unauthorised sharing of coupon codes through any other public platform. If you are found to be in violation of the aforementioned in order to attract customers and generate Qualifying Orders, we reserve the right to immediately terminate your Program membership, together with the forfeit of any earned commissions within the commission earning period when the violation occurred, and thereafter.

SECTION 10 - CHANGES TO THE PROGRAM

We reserve the right to terminate, suspend or modify the Program at any time without notice, including commission earning rules and/or tiers, at the sole discretion of us. We will notify you of any changes to the Program by updating these Terms or through other forms of acceptable communications including, but not limited to, by email and the Program dashboard.

SECTION 11 - TERMINATION

These Terms shall commence on the date you submit the Program registration form and shall continue thereafter until amended or terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to participate in the Program and by removing all Links from your Channels. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, or for any reason we deem appropriate, we may terminate this agreement at any time without notice. Any valid commissions earned and accrued will be paid at the time of terminating your membership to the Program. Your Link will be deleted from the Program and you agree to delete any copies of the Link on your Channels and cease to identify as a member of the Program. 

SECTION 12 - COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions, or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, through the Program dashboard, by email, by postal mail, or otherwise (collectively the "Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (i) to maintain any comments in confidence; (ii) to pay compensation for any comments; or (iii) to respond to any comments.

You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the tools and service the Program and Website provides or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

SECTION 13 - CHANNELS AND REMEDIES

You agree you have sole responsibility for the operation, development and maintenance of all Channels where a Link is displayed, including all contact on or linked to, your Channels. All content and materials displayed and/or posted on your Channels in connection with the Program or otherwise, must not (i) resemble the Program and/or the Website, including but not limited to, creating an impression your Channels are endorsed by us (ii) violate the Terms set herein (iii) violate any terms, conditions, policies or guidelines of any third-party services used by you in connection with the Program, including but not limited to, advert networks and platforms, email providers or social media platforms. We reserve the right to freeze any unpaid commissions on your Program account and to delete any actions submitted through your Link, if you violate these Terms or we later determine any Qualifying Order has not met the requirements of the Program or these Terms. In the event of a material breach of the aforementioned, we reserve the right to disclose your identity and contact information to appropriate law enforcement and regulatory authorities or any third-party directly damaged by your actions.

SECTION 14 - PROHIBITED USES

In addition to other prohibitions as set out in the Terms, you are prohibited from using the Program, the Program's website or its content, and all content and materials displayed and/or posted on your Channels used in connection with the aforementioned: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Program or of any related Website, other websites, or the Internet; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; (x) for any obscene or immoral purpose; (xi) to interfere with or circumvent the security features of the Program or any related Website, other websites, or the Internet, or (xii) otherwise contain content or material that we inform you as considered objectionable content by us. We reserve the right to terminate your use of the Program and/or the Website for violating any of the prohibited uses. 

SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Program will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Program will be accurate or reliable.

You agree that from time to time we may remove the Program for indefinite periods of time or cancel the Program at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Program is at your sole risk. The Program and all Links, and products and services provided in connection therein, are provided to you through the Program (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Phoenix Crown Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Program and all Links, and products and services provided in connection therein, or for any other claim related in any way to your use of the Program and all Links, and products and services provided in connection therein, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Program and all Links, and products and services provided in connection therein or any content (or product) posted, transmitted, or otherwise made available via the Program even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 16 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Phoenix Crown Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claims, liabilities, losses, settlements, costs, damages, judgements, demands and expenses, including reasonable attorneys’ fees, based on (i) any failure or breach of these Terms by you (ii) any claim arising from your Channels, including but not limited to, content and material on such Channels other than the Link, and (iii) any misuse by you or other third-party reasonably under your control or obtaining access through you, of the Link or our intellectual property.

SECTION 17 - GOVERNING LAW

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.

By accessing, participating or using the Program, you affirm and acknowledge that you have read in its entirety, understand and agree, to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access or participate in the Program.

SECTION 18 - CONTACT INFORMATION

Questions about the Program or these Terms should be sent to us directly through the Program's dashboard or by contacting us.