BMIC Affiliate Program
Terms of Service

BMIC Affiliate Program Terms of Service

These Terms of Service (“the Terms”) constitute the Agreement between Babel Cover and the Affiliate and shall govern the Affiliate’s participation in the BMIC Affiliate Programme.

Please read these Terms carefully as any failure to adhere to these Terms may result in loss of Commission and immediate termination of the Agreement. The Affiliate shall indemnify Babel Cover both during and after termination of this Agreement for any breaches of this Agreement.

By signing and returning these Terms you indicate acceptance to these Terms of Service including the indemnities.

Any breach of these Terms may result in one or all of the following remedies:

• Immediate termination of this Agreement (and therefore removal from the BMIC Affiliate Programme)
• All associated Commission is void for payment

• Responsibility for payment of regulatory penalties, fines and interest incurred by Babel Cover where the Affiliate has made any changes whatsoever to the Content provided to it by Babel Cover resulting in a loss to Babel Cover.

1. DEFINITIONS

The following definitions apply to these Terms:

2. Rules of Engagement

The Affiliate is only permitted to use the BMIC Brand and logo, the online adverts, creative, imagery, display banners, pricing information and product copy (“the Content”), in accordance with this Agreement, and as follows:

• The Content shall be made available directly to the Affiliate.
• Babel Cover does not wish to participate in third party email activity of any kind. The Affiliate is solely responsible to send emails containing any Content in compliance with data protection requirements.
• By joining the BMIC Affiliate Programme and promoting the BMIC Motorcycle Warranty within the affiliate channel the Affiliate agrees to use all Content in accordance with all guidance and instructions notified to the Affiliate by Babel Cover.
• The Affiliate is not permitted to alter the Content provided by Babel Cover.

• In circumstances where an Affiliate wishes to use different content or to alter the Content in any way, the proposed copy should be sent to Babel Cover for approval prior to being published by the Affiliate.
• Any costs incurred by the Affiliate in providing and maintaining the Content shall be the sole account of the Affiliate.
• The Affiliate must only use links provided by Babel Cover to allow campaign tracking.
• The Affiliate will be required to provide Babel Cover with a list of all URL’s where advertising will be used. This list must be keep up to date.
• All Content used by the Affiliate must be in relation to the current Babel Cover offer or promotion and any changes should be implemented by the Affiliate prior to the Offer Start Date as notified to the Affiliate by Babel Cover. It is also the Affiliate’s responsibility to ensure that any listed prices/discounts/offers/content and creative is updated at the earliest opportunity or within one (1) day from the date the changes have been communicated to you by Babel Cover or by the Offer End Date as notified by Babel Cover to you (whichever is the earliest).

3. De-duplication Rules

Babel Cover pays out on a ‘last click wins’ basis.

4. Cookie Length

Cookies used as part of the De-duplication process shall be stored for 30 days only.

5. Disputed Transactions

Babel Cover will only investigate disputed transactions if Babel Cover is notified by the Affiliate within seventy five (75) days of the date of the disputed transaction.

6. Affiliates permitted to join the BMIC Affiliate Program

• Cashback
• Community
• Content
• Vouchercode
• Email
• Loyalty
• PPC

7. Compliance with the Law

Before being accepted to join the BMIC Affiliate Program all Affiliates are subject to certain anti-money laundering (AML) and Know-Your-Client (KYC) clearance, and the requirement to ensure the Affiliate does not display or sell advertising that contravenes any law or regulation governing false or deceptive advertising.

8. Licence

• The Content and BMIC Warranty Website is owned by Babel Cover and is protected by the law relating to trademark and copyright
• The BMIC is a brand name of Babel Cover and hereby grants the Affiliate a revocable, non-transferable, royalty free, license to display and link to the BMIC Warranty Website and all trademarks, service marks, trade names, and/or copyrighted material (“Content”) from the Affiliate and/or subscription e-mail for the limited purposes of promoting the BMIC Affiliate Program and subject to the Terms of this Agreement.  The foregoing rights are not sub-licensable by the Affiliate. The license /is conditional upon the Affiliate (a) not otherwise copying nor modifying, in any way, any icons, buttons, banners, graphics files or Content that is made available to the Affiliate (b) not removing or altering any copyright or trademark notices.
• Affiliates must not directly or indirectly bid on the Word Mark ‘ BMIC’ or derivatives or confusingly similar words
• No Doorway pages to be built around searches for BMIC
• No Masked URL’s (inc add to favourites buttons)
• Must be able to navigate using the browsers back button
• The Affiliate must not purchase, license, or operate any domain name which is confusingly similar to the URL of BMIC’s Website

9. Pay Per Click Brand Bidding

Affiliates may not bid/appear on BMIC trademarks.

10. Pay Per Click Generic Bidding

Where an Affiliate requires verification from Babel Cover under Google’s process for approving third-party ads, Babel Cover is in no way responsible for the Content. Without prejudice to Babel Cover’s other rights and remedies under these Terms, the Affiliate indemnifies Babel Cover both during the term of this Agreement and following termination of this Agreement from any losses, claims, liabilities, fines, penalties, interest and expenses arising from any complaint in relation to the Content.

11. Unsuitable content

• The Affiliate must at all times reflect favourably on BMIC. The Affiliate agrees not to provide, promote, distribute, place or otherwise publish any content which is libellous, defamatory, obscene, pornographic, abusive, or otherwise objectionable, fraudulent or violates any law.
• The Affiliate further agrees not to place Links on any websites that are pornographic (or display pornographic material or advertisements); that promote or condone violence, bigotry or hatred; or that promote any illegal activity including (but not limited to) warez, cracking, ROM or emulator sites, or hacking. The Affiliate remains solely responsible for the content of its website

12. Fraud

• Babel Cover will not knowingly engage in any fraudulent activity whether directly or indirectly. Any Affiliate found to be engaging in any illegal activity will be reported to the appropriate authority and removed from the affiliate programme. Babel Cover reserves the right not to pay Commission on any policy found to be fraudulent, whether direct or indirectly the fault of the affiliate.
• Affiliates must act ethically and reasonably in their participation in the BMIC Affiliate Program and their provision of Visitors to BMIC Motorcycle Warranty Website. Affiliates must not do anything (or cause or permit anything to occur) which will cause Babel Cover to pay Commission to an Affiliate on sales which the Affiliate did not procure legitimately

13. Management Information

The Affiliate may be required to attend a quarterly review meeting/ teleconference with Babel Cover. The Affiliate may be required to provide Babel Cover with information in respect of:

• Search & Marketing spend
• Traffic volumes
• BMIC Motorcycle Warranty Click Through Rate and Earnings Per Click

Babel Cover may in its discretion request a monthly meeting with the Affiliate to enhance/ develop the business relationship.

14. Auditing and Compliance:

• The Affiliate will be audited on a monthly basis by Babel Cover to ensure the correct Content is being used by the Affiliate and that the Affiliate is displaying the correct Content, offers and promotions as notified by Babel Cover which are changed on a regular basis.
• If the Affiliate is not displaying the correct Content, imagery or offering, the Agreement shall be terminated immediately and any pending sales that the Affiliate is awaiting payment for shall be rejected.
• Affiliates that are removed shall not be allowed to reappear on the BMIC Affiliate Program without explicit authorisation from Babel Cover.
• Babel Cover will monitor the Affiliate’s pages to identify any breaches to the above terms and conditions.

15. BMIC Affiliate Programme Termination

• Babel Cover may terminate the Agreement immediately for convenience. In the circumstance where the Affiliate is given notice to leave the program, the Affiliate may not rejoin.
• The Affiliate is entitled to terminate this Agreement upon one (1) months prior written notice.
• The Affiliate must cease to use the Content immediately upon the termination of this Agreement and delete all Links to the Affiliate Website. For the avoidance of doubt the Affiliate shall not be entitled to receive any Commission on any sales made after the termination date

16. Standard commissions offering

• As disclosed on approval as an Affiliate.

17. Payment

The Affiliate will receive Commission for each genuine new sale, based on current commission rates as notified by Affiliate Window to you. For any sales, a genuine sale is defined as a new customer to Babel Cover who has not had a warranty within the last 120 days.

Payment of Commission shall be withheld if:

• The customer cancels the warranty within the 14 day cooling off period or payment by the customer fails
• The Affiliate deviates from the terms of this Agreement.
• The sale of a policy is found to be fraudulent as the result of the Affiliate and/or a customer (e.g. where a stolen credit card has been used).

The amount payable will be recorded by Babel Cover.

Babel Cover may from time to time vary the payment structure. Affiliates will be given a minimum of 5 working days notice for commission decreases and one (1) working day notice for commission increases and be informed via email from Babel Cover.

18. Representations and Warranties

The Affiliate represents and warrants that:

• it has the authority to enter into this Agreement;
• the Affiliate Website is in compliance with all applicable laws, rules and regulations (including but not limited to ASA and FCA rules and guidance);
• any information displayed on the Affiliate Website regarding BMIC Motorcycle Warranty is correct and not misleading.

19. Indemnities

The Affiliate indemnifies Babel Cover both during the term of this Agreement and following termination of this Agreement from any losses, claims, liabilities, fines, penalties, interest and expenses arising from any breach of the Agreement. The Affiliate shall also compensate Babel Cover for any other damages or costs caused by the Affiliate’s improper, negligent or unauthorised use of The BMIC Affiliate Program and technical problems or loss of data caused by the Affiliate.

Babel Cover reserves the right to amend and update these Terms at any time giving notice of when changed terms are posted in an email.