Affiliate Terms & Conditions

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Affiliate Terms & Conditions

Go Walkabout Affiliate Terms and Conditions 

The Go Walkabout  Affiliate Agreement sets out the terms and conditions which apply to an individual or an entity's participation in the Go Walkabout Ltd Affiliate Programme. This is a legal agreement between You/the entity and Go Walkabout Ltd. By becoming an affiliate, You have accepted and agreed that You will comply with these terms and conditions.


We may in our sole discretion determine that your website or content on your website is unsuitable for any reason including, but not limited to inclusion of content that is in our opinion, unlawful and otherwise does not meet the terms of this Agreement.


Interpretation & Definitions


Within the Agreement, unless otherwise stated, the following words or expressions shall

have the meaning set against them:


‘We’, ‘Us’ and ‘Our’ refers to the Principal.


‘You’, ‘Your’ refers to the Unregulated Introducer specified in this Agreement. Together ‘We’

and ‘You’ are referred to as ‘Both Parties’ or ‘Us Both’.


‘Unauthorised Introducer’ is an Appointed Representative whose scope of appointment is

limited to effecting introductions and distributing non real time financial promotions.

‘Agreement’ refers to this Terms of Business Agreement hereunder signed and agreed by both

Parties and any attached schedules.


‘Client’ means a person who is a policyholder or prospective policyholder.


‘FCA’ means the Financial Conduct Authority or any successor regulatory body.


‘Insurance Business’ means any insurance falling within the definition of “contract of insurance” in article 3(1) of the Financial Services & Markets Act 2000 (Regulated Activities) Order 2001 or as amended.


‘Insurer’ means the Insurance Company or Lloyd’s Underwriter with whom the Policy is placed.


‘Policy’ means any policy of insurance issued by the Insurer or Us on behalf of the Insurer in

accordance with this Agreement.


‘Premium’ means the amount payable by the policyholder to the Insurer in consideration for the

cover afforded by the Policy and shall include any additional, return or adjustment amounts.


‘IPT’ means Insurance Premium Tax or any equivalent tax or levy in relation to general insurance.


‘Rules’ means the FCA handbook and any rules, guidance or regulations issued by the FCA

and all other rules which the Both Parties are subject to in undertaking Insurance Business.



Status

Go Walkabout Ltd appoints an Unregulated Introducer to provide product information

in relation to travel insurance business. The Introducer may not act as an agent of Go Walkabout Ltd or provide advice relating to our products or services.



Commission

Commission will be paid to You monthly in arrears at the rate agreed between Both Parties, calculated on the gross premium for all sales

introduced in the previous month, excluding IPT. 


Commission will be paid to You once the approved commission has reached a £50 threshold.  


Commission rates may be adjusted from time to time at our discretion but we will give you one

month’s notice of any such change.


Should there be a refund of Premium (for whatever reason), You will repay the commission

upon the amount refunded. We reserve the right to deduct this from any monies due to You.


In the event of termination of this Agreement, no commission shall be payable to You in respect of Insurance Business activities conducted after the date of termination.


Your Obligations

You may advise Clients who request information regarding the services provided by Us to contact Us.


You may provide Us with the contact details of Clients provided they have agreed to this in line with the requirements of the General Data Protection Regulation.


You may distribute Our marketing material. 


You must not provide any recommendations or advice to Clients on any Insurance Business

provided by Us. Clients must be referred to us for help with any questions they may have.


You must not advise Clients on any aspect of the Insurance Industry. 4.6 You must not complete or assist Clients in completing proposal forms or any other forms of literature relating to insurance services provided by Us. 4.7 You must not complete or assist Clients in completing claim forms. 


You must not hold yourself out as being regulated by the FCA nor as an Appointed Representative of Us, other than to state in any insurance related marketing literature or websites that you produce or control that you are an Unregulated Introducer of Go Walkabout Ltd who are authorised and regulated by the Financial Conduct Authority. 


You must not enter into any sub-agency agreement in respect of the Insurance Services provided by Us. 


You must submit all “financial promotions” relating to Insurance Business to Us for approval in

writing by Us prior to publication. For the avoidance of doubt, in this context “financial promotions” shall include all marketing literature that you produce that in any way is related to or refers to the Insurance Business, such as brochures, leaflets, website content and advertising. 


You must not infringe any third party intellectual property rights. 


You must not promote the use of bulk email or spam in line with the requirements of the General

Data Protection Regulation.



Our Obligations

We will provide You with Our contact details and marketing literature for the insurance services that We provide and web links for online access to our websites via your own site(s).


We will deal directly with Clients in relation to any Insurance Business.



Privacy and Data Security

You acknowledge that you obtain no right, title or interest in any Personal Information or Go

Walkabout Data obtained under the Program or through the use of Go Walkabout’s Website.


You must comply with the Privacy Laws at all times. 


The Affiliate must not perform any act or omission or engage in any practice which may result in a breach or potential breach of Privacy Laws.


The Affiliate under and in relation to this Agreement, warrants and agrees to:

  • ensure that its privacy policy is accessible on Affiliate Web Sites, and that the policy complies with Privacy Laws;

  • comply with the provisions of its privacy policy, particularly in relation to the collection, retention, and usage of data;

  • provide any reasonable assistance required by Go Walkabout in relation to any disclosure required by Privacy Laws;

  • notify Go Walkabout immediately if the Affiliate becomes aware of or suspects a breach or possible breach of any of the obligations contained in, or referred to in this Privacy and Data Security section of our Terms and Conditions, whether by the Affiliate or its employees, officers, agents or subcontractors; 

  • establish effective security measures to safeguard Go Walkabout User Data from unauthorised access, disclosure or use and to ensure that Go Walkabout User Data will be collected, held, used and accessed in a manner consistent with relevant data protection and security laws applicable and in accordance with this Agreement, including but not limited to laws and regulations which apply to cross border transfer of data and information.



Termination

The Agreement may be terminated at any time by mutual agreement, or by either You or Us if:

  • Either You or Us serves the other with not less than 30 calendar days notice of termination. 

Immediately where:

  • the other is in material breach of a term of this Agreement, and, if such breach is capable of remedy, fails to remedy the breach within 30 calendar days of receiving notice specifying the breach to be remedied;

  • the other shall become insolvent, or enter into receivership, liquidation, provisional

            liquidation or voluntary arrangement with its creditors. 

  • We are reasonably of the view that You are no longer of good repute.

  • We cease to be authorised by the FCA or other appropriate regulatory body to carry on

            Insurance Business.



Consequences of Termination

Following termination of this Agreement We shall not accept any new introductions from You.


We shall prepare a statement of account between You and Us. Settlement of this account shall be made by either party paying the balance due as shown immediately.


Termination of this Agreement shall not in any circumstances give rise to a claim for compensation by You.



Variation

The Agreement may be assigned only if agreed in writing by Both Parties. We reserve the right to vary the Agreement at any time, by giving no less than 30 days written notice.



Data Protection Act

Both Parties agree to duly observe all the requirements of the Data Protection Act 1998 and the

General Data Protection Regulation.



Inspection

We may (having given reasonable advance notice to you) visit your premises and make further

reasonable enquiries (written or oral) addressed to you or your employees.


You shall give full co-operation in relation to such inspections and enquiries and shall instruct any relevant staff or other parties possessing relevant information similarly to give us full co-operation.


Governing Law and Jurisdiction

The construction, validity and performance of the Agreement shall be governed in all respects by English Law and any proceedings arising out of or connected with the Agreement shall be subject to the exclusive jurisdiction of the English Courts.



Copyright, Advertising, Marketing

Nothing in this Agreement shall assign, transfer or vest in either party any intellectual property

right owned by the other party.


Neither party shall use a trade name or trade mark, logo or similar of the other without the other’s express prior written consent.



Rights of Third Parties

A person who is not a party to the Agreement has no rights under the Contracts (Rights of Third

Parties) Act 1999 to enforce any terms of the Agreement but this does not affect any right or

remedy of a third party which exists or is available apart from that Act.



Force Majeure

Neither party shall be liable for any delay or non-performance of its obligations under the

Agreement caused by an event beyond its control (a “Force Majeure Event”) provided that

the party affected gives prompt notice in writing to the other party of such Force Majeure

Event and uses all reasonable endeavours to continue to perform its obligations under this Agreement. 




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