CLUB MADEIRA

Last Updated: 23 May 2025

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Welcome to the Club Madeira Merchant Affiliate Program. These Terms of Service govern your participation in the Program as a merchant affiliate responsible for selling Club Madeira’s products to communities, fulfilling orders, and paying commissions to Club Madeira. By participating in the Program, you agree to be bound by these Terms. Please read them carefully.

1. Definitions

For the purposes of these Terms:

• Club Madeira refers to Club Madeira Ltd, a company registered in England and Wales under company number 16541872, with its registered office at Ground Floor, Citygate, Longridge Road, Preston, Lancashire PR2 5BQ, United Kingdom.

• Merchant Affiliate or you refers to the business or legal entity participating in the Club Madeira Merchant Affiliate Program to sell Club Madeira products to communities and fulfil associated orders.

• Program refers to the Club Madeira Merchant Affiliate Program.

• Program Materials means the tools, links, tracking codes, reporting mechanisms, and other resources provided to you under the Program.

2. Eligibility

2.1  To participate in the Program, you must:

• Be a registered business or legal entity with a valid UK address.

• Have operational capacity to fulfil orders and manage returns professionally.

• Comply with all relevant UK laws and regulations, including but not limited to: tax laws, advertising standards (e.g., ASA rules), consumer protection laws (e.g., Consumer Rights Act 2015), and data protection laws (e.g., UK GDPR).

• Ensure technical capability to integrate with our reporting systems for sales and click tracking.

2.2  We reserve the right to reject or terminate your participation if you do not meet these criteria or if you breach these Terms.

3. Fair Usage

3.1  You agree to use the Program and Services in a fair and lawful manner, including:

• Promoting and selling our products honestly, without misleading or deceptive practices.

• Using only the promotional materials, links, and tracking codes provided or approved by Club Madeira.

• Avoiding spamming, unsolicited communications, or any conduct in violation of UK GDPR and the Privacy and Electronic Communications Regulations 2003.

3.2  Prohibited activities include, without limitation:

• Using fraudulent methods to generate clicks or sales (e.g., bots, fake accounts, artificial traffic).

• Misrepresenting Club Madeira’s products, services, or brand.

• Selling our products on websites or platforms that contain illegal, offensive, or inappropriate content.

• Tampering with or attempting to manipulate our reporting systems.

3.3  We reserve the right to monitor your activities to ensure compliance.

4. Order Fulfillment and Returns

4.1  You are responsible for fulfilling all orders placed through your affiliate links professionally and in accordance with best industry practices and the Consumer Rights Act 2015.

4.2  Fulfillment obligations include:

• Processing and dispatching orders within 3 business days of receipt, unless otherwise agreed.

• Communicating clearly with customers regarding order status and delivery times.

• Ensuring that products match the descriptions provided and are delivered in good condition.

4.3  You must handle returns and refunds fairly and in accordance with UK consumer law:

• Accept returns for faulty, damaged, or misdescribed products within 30 days of delivery.

• Process refunds or replacements within 14 days of receiving a valid return request.

• Provide customers with clear return instructions.

4.4 Non-compliance may result in enforcement actions, including:

• Written warnings for minor or first-time breaches.

• Temporary suspension for repeated or serious breaches.

• Permanent removal from the Program for persistent or severe violations.

4.5  You must maintain records of all transactions and make them available to Club Madeira upon request.

5. Commissions and Payments

5.1  You agree to pay Club Madeira:

• A commission of 10% of the net sale value (excluding VAT, shipping, and discounts) for each valid sale made through your affiliate links; and​

5.2  Sales and click data must be submitted using our approved reporting systems (e.g., API, secure file transfer).

5.3  All payments must be remitted monthly, within 30 days after the end of each calendar month, to the account designated by Club Madeira.

5.4  You are responsible for declaring and paying any applicable taxes related to your activities under the Program.

5.5  We may suspend your participation or pursue legal action for late, inaccurate, or fraudulent payments.

6. Sales Reporting Requirements

6.1  You must report all affiliate-generated sales and clicks using our approved systems.

6.2  Failure to report accurately and promptly may result in delayed indexing or suspension.

6.3  Your products will not be indexed on Club Madeira’s platforms until we receive and verify your first order report.

6.4  You must ensure your systems are properly configured and maintain accurate records.

7. Product Indexing

7.1  Product listings on our platforms are contingent upon receipt and verification of your initial order report.

7.2  We reserve the right to delay or refuse indexing due to non-compliance or inaccurate reporting.

8. Tampering with Reporting Mechanisms

8.1  Any attempt to manipulate our systems (e.g., falsifying data or altering tracking codes) will result in permanent removal from the Program.

8.2 Upon removal:

• You will be liable for any outstanding commissions.

• You will lose access to all Program Materials and Services.

• You will be permanently barred from rejoining.

8.3  We reserve the right to take legal action if tampering causes financial loss or representational harm.

9. Service Withdrawal

9.1  Club Madeira may suspend or terminate your access to the Program at any time, with or without notice, for reasons including:

• Breach of these Terms.

• Suspected fraudulent activity.

• Damage to Club Madeira's reputation.

• Business or Program restructuring.

9.2 Upon termination, you must immediately cease using all Program Materials and Services. Outstanding commissions remain payable.

9.3  We are not liable for any losses arising from your suspension or termination.

10. Intellectual Property

10.1  You are granted a limited, non-exclusive, revocable licence to use our approved materials for Program purposes only.

10.2  You may not modify, reproduce, or distribute these materials without written consent.

10.3  All intellectual property remains the exclusive property of Club Madeira.

11. Liability

11.1  The Program and Services are provided "as is" without warranties of any kind.

11.2 To the maximum extent permitted by law, Club Madeira is not liable for indirect or consequential losses, including loss of profits, data, or business opportunities.

11.3  Our total liability to you shall not exceed the total amount of commissions received from you in the 12 months preceding a claim.

12. Confidentiality

12.1  You must not disclose any confidential information shared by Club Madeira without prior written consent.

12.2  This obligation survives the termination of your participation.

13. Data Protection

13.1  Both parties shall comply with the UK GDPR and Data Protection Act 2018.

13.2  You may not collect or process customer data unless explicitly authorised by Club Madeira, and you must take adequate security measures to protect such data.

14. Governing Law and Jurisdiction

14.1  These Terms are governed by the laws of England and Wales.

14.2  Any disputes will be subject to the exclusive jurisdiction of the courts of England.

15. Changes to These Terms

15.1  We may update these Terms at any time by posting a revised version on our website or notifying you directly.

15.2  Your continued participation following any updates constitutes acceptance of the new Terms.

16. Contact Us

If you have any questions, please contact:

• Email: support@clubmadeira.uk