Terms & Conditions
The purpose of the Cuccio Europe affiliate programme is to reward Affiliates for any new customers that they refer to Cuccio Europe by correctly advertising the cucciobeauty.co.uk domain through legitimate methods.
This Agreement contains the complete terms and conditions that apply to your participation as a member of the Cuccio Europe Affiliate Programme. This Agreement constitutes the entire agreement between Cuccio Europe and the Affiliate and any pre-existing agreement or arrangement between Cuccio Europe and the Affiliate shall be terminated forthwith upon completion of this Agreement, save that any outstanding commissions owed to you prior to the revocation of your affiliate status will be credited to the Affiliate’s account and can be used to purchase Cuccio Europe products or services.
Your Acceptance of these terms and conditions will be indicated by ticking the ‘I accept all terms of this programme’ icon.
Cuccio Europe Affiliate Programme Terms and Conditions
“this Agreement” shall mean the contents of the contract between Cuccio Europe and the Affiliate in respect of the Programme.
“Cuccio Europe” shall mean Cuccio Europe, whose registered office is at Unit 7, Sandstone Court, Bulwell, Nottingham, NG6 8NN. ‘the Site’ shall mean cucciobeauty.co.uk website.
‘the Programme’ shall mean the affiliate Programme as set out on the Site and that is governed by this Agreement.
‘the Link’ shall mean the HTML link provided by Cuccio Europe to link the Affiliate’s code to the Site.
‘the Affiliate’ shall mean the party who agrees to take part in the Programme.
2. The Programme
2.1) The Programme shall be the affiliate programme as set out on the Site.
2.2) Cuccio Europe is entitled to vary, amend or cancel the Programme without giving notice to the Affiliate. Cuccio Europe may make any such change by publishing any revised terms on the Site.
2.3) The Programme is expressly a business-to-business relationship and both Cuccio Europe and the Affiliate enter into it in a business capacity and not as a consumer.
2.4) The Programme does not entitle the Affiliate to represent themselves as an agent, partner or any other form of associate of Cuccio Europe other than as an Affiliate as expressly provided for in this Agreement.
3. Suitability for the Cuccio Europe Affiliate Programme
3.1) Cuccio Europe reserves the right to terminate this Agreement and the Affiliate’s status at any time for any reason whatsoever at its sole discretion.
3.2) In particular, if Cuccio Europe deems that the Affiliate’s website is inappropriate for the Programme then this Agreement shall be terminated. The Affiliate’s website may be deemed inappropriate if in the view of Cuccio Europe it contains, promotes or contains links to sites that are:
3.3) discriminatory, sexually explicit or violent material, or
3.3) promote, depict or contain links to material that promote or depict discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age, or
3.4) contains unlawful material, this shall include but not be limited to materials that may possibly violate another’s intellectual property rights, or
3.5) contains information regarding, promotes or links to a site that provides information or promotes illegal activity, or
3.6) for any other reason that is deemed by Cuccio Europe (at its sole discretion) to be unsuitable.
3.7) Upon Clicking on the ‘I accept all terms of this programme’ icon you are automatically accepted on the Programme. Cuccio Europe reserves the right to withdraw Affiliate status at anytime after you have been accepted onto the Programme for any reason that Cuccio Europe deems relevant. Acceptance into the Programme does not mean that Cuccio Europe has specifically approved the Affiliate or its website.
4. Legitimate Methods of Advertising
4.1) In order to receive commission for referring customers to Cuccio Europe, the Affiliate must engage in correct advertising. Affiliates found to be engaging in improper advertising shall have their agreement terminated and their affiliate status revoked. Cuccio Europe shall be the sole and absolute arbiter of what constitutes proper advertising.
4.2) A non-exhaustive list of examples of improper advertising shall include but not be limited to:
4.2.1) the forwarding of any URLs direct to cucciobeauty.co.uk (this includes misspells of the above trademark domain); and
4.2.2) forcing cookies through iframes;
4.2.3) advertising through third party networks; with the exception arising from Clause 4.3 below;
4.2.4) brand bidding (including misspells) for PPC advertising,
4.2.5) including your Cuccio Europe affiliate link within Unsolicited Commercial Email (UCE) or SPAM,
4.2.6) including any of Cuccio Europe URL in search adverts.
4.3) Affiliates are permitted to promote Cuccio Europe through various social media communities, as a limited exception to Clause 4.2.3 above. However, Affiliates are not permitted to create groups or specific web pages in social communities whereby they purport or hold themselves out to be representatives of Cuccio Europe.
4.4) Cuccio Europe reserves the right to conclude that you have engaged in an improper method of advertising according to our standards, at our sole discretion. We may come to such a conclusion even if it is based upon our opinion or mere suspicion or belief and is without any duty on Cuccio Europe to prove that our opinion or suspicion is well-founded; and even if our opinion is proven not to be well-founded or if other hosting/domain name companies have not deemed it to be an improper method of advertising.
4.5) Any Affiliate found to be adopting improper methods of advertising for the purpose of the Programme shall be deemed to have been in breach of this Agreement and shall have their Affiliate status revoked. Such an Affiliate will therefore immediately cease in being an Affiliate of Cuccio Europe.
4.6) Any sales that have been generated through improper advertising will not qualify for commission or credit from Cuccio Europe.
4.7) Any Affiliate found to be utilising these or any other improper methods of advertising may be required to pay back any such commission that has been paid by Cuccio Europe to them. If Cuccio Europe elects not to enforce this right it shall not be deemed to be a waiver of any other rights that it may have under this Agreement.
5. The Procedure
5.1) Subject to the terms of this Section, we will provide to you all Links, and any related banners, graphics, or text advertisements necessary to promote and offer the Cuccio Europe Services to your site’s visitors and/or its members. The Cuccio Europe link may contain any picture, text, logo, graphic, that maybe be attributed with Cuccio Europe.
5.2) Cuccio Europe reserves the right to change the content and or display of the Link from time to time in our sole discretion. The link will connect your site with the area on our site (the landing page) where your referral may apply for Cuccio products directly with us.
6. The Payment of Commission
6.1) Once a customer has arrived at our website having followed the Link, their actions on our website will be tracked for 30 days using a cookie. You will earn commission on any order that is placed during the 30 day period. Cuccio Europe will not be responsible for commissions missed due to the cookie being deleted or blocked or in any other way failing to track the customer from the Link.
6.2) Affiliates will earn commission fees only with respect to activity on our site occurring directly through the link given or code applied at checkout.
6.3) Cuccio Europe is under no obligation whatsoever to pay any commission to any Affiliate who does not strictly follow this Agreement as published from time to time.
6.4) Cuccio Europe reserves the right to take legal action against any Affiliate that commits fraud, or conspiracy to defraud and to recover any commissions paid to an Affiliate which was earned as a result of such fraud. For the purposes of this agreement fraud shall include but not be limited to wittingly violating the terms of this Agreement.
6.5) Cuccio Europe will only make a payment to the Affiliate when the level of commission due at the end of a given calendar month is above the commission balance threshold.
6.6) the commission balance threshold for the purpose of this agreement is £25 NET VAT.
6.7) Cuccio Europe reserves the sole right to change the commission balance threshold at any time it sees fit without the prior the consent of its affiliates. In the event of a commission balance threshold change Cuccio Europe shall notify all its affiliates of the change beforehand. If any modification to the commission balance threshold or the Agreement as a whole is not acceptable to an Affiliate, the Affiliate shall be entitled to terminate this Agreement. If an Affiliate terminates this Agreement for any reason whatsoever then it shall not be entitled to any commission payments earned after they have terminated this Agreement.
6.7) The Affiliate’s continuing participation in the Programme constitutes its acceptance of any change to the commission balance threshold or to any other part of this Agreement.
6.8) Affiliates that exceed the commission balance threshold will be sent payment in full at the end of the month through PayPal.
6.9) Affiliates that do not reach the £25 commission balance threshold in one calendar month will not lose their accrued commission, instead the commission accrued for that calendar month will be carried over and applied to the next calendar month, this process shall continue until the client reaches the commission balance threshold when they will be entitled to receive a payment from Cuccio Europe.
6.10) Cuccio Europe will only pay out commissions on sales that are accrued in the month of payment received to Cuccio Europe.
6.11) It is the sole responsibility of an Affiliate to make sure that their contact details are up to date and accurate on the Cuccio Europe system in order to facilitate the payment of commission to be fulfilled.
6.12) All missing payments must be followed up within 6 months of the date of their issue. All missing payments that have not been brought to the attention of Cuccio Europe within 6 months shall be deemed to have been forfeited by the Affiliate.
6.13) The rates of commission payable to the Affiliate from time to time shall be published to the Affiliate directly.
7. Cuccio Europe’s Obligations
Cuccio Europe agrees to undertake the following obligations:
7.1) provide all information necessary to allow the Affiliate to make necessary the Link to be able to receive commission from sales made.
7.2) processing all orders for Cuccio Europe products or services placed by a referral following the Link,
7.3) tracking the number and amount of relevant sales generated through the Link,
7.4) providing information to you regarding commission payments,
7.5) credit card authorisations, payment processing, cancellations, returns, and all other related customer service for Cuccio Europe for the purpose of our business, and
7.6) establishing the commission balance threshold, payment frequency and pay-outs of earned commissions as contained in Section 6 of this Agreement.
8. The Affiliate’s Obligations
The Affiliate agrees to be solely responsible for the following and shall keep Cuccio Europe fully indemnified in respect of:
8.1) the content of the Affiliate’s site or any site that they may be connected to,
8.2) any misrepresentation of Cuccio Europe or its products or services,
8.3) making of any false claims, representations or warranties in connection with Cuccio Europe,
8.3) ensuring that your site and your products and services that you offer from your site comply with all applicable copyright, trademark, any intellectual property right, Data Protection, anti-spam or any other applicable law,
8.4) obtaining permission to use another party’s copyrighted or any other proprietary material,
8.5) ensuring that materials posted on your page do not violate or infringe upon the rights of any third party and are not libellous or otherwise unlawful or illegal. Cuccio Europe hereby disclaim all liability for all such matters,
8.6) Affiliates also agree to indemnify and hold harmless Cuccio Europe, its parent company, sister companies, subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, expenses, and costs insofar as such arise out of or are based on, or in any way connected with this Agreement.
8.7) complying with all applicable EU and national laws and regulations in force from time to time this shall include, but not be limited to, the EU-directive 2002/58/EC, and
8.8) the payment of all tax and national insurance payable on any payments made to you by Cuccio Europe,
8.9) the Affiliate must tag and respectfully identify the original user and post if the Affiliate reposts on a story or own page. The Affiliate must not attempt to claim any unoriginal or recycled post as their own.
9. The License
9.1) Cuccio Europe grants to the Affiliate a non-exclusive, non-transferable, revocable right to access the cucciobeauty.co.uk site through the Link solely in accordance with the terms of this Agreement. This license shall be used solely in connection with the Link, and it will extend to the use of our logos, trade names, trademarks and similar identifying material relating to Cuccio Europe and which Cuccio Europe shall provide to the Affiliate, for the sole purpose of establishing the Link to cucciobeauty.co.uk so customers can purchase Cuccio Europe products and services.
9.2) Affiliates cannot modify or change the Link in any way unless specifically requested.
9.3) Affiliates shall not use the Licensed Materials in any manner that is inappropriate or that is in any way detrimental to the Cuccio Europe brand or any other brands.
9.4) Cuccio Europe reserves all its rights in the materials provided and all its other proprietary rights. Cuccio Europe shall be entitled to revoke this license to use the Link or the materials at any time and at its sole discretion.
9.5) The licenses described in this Section shall expire upon the termination of this Agreement.
9.6) Any inappropriate use of the Link, text, banners or other advertisements not expressly approved of in writing or provided by Cuccio Europe may be cause for immediate termination of this Agreement.
10. Terms of the agreement
10.1) The terms of this Agreement will begin upon your signup with the Programme and will end when your affiliate account is terminated.
10.2) Upon the termination of this Agreement any commission that has not yet reached the commission threshold shall be turned into credit which can only be used to purchase products or services from Cuccio Europe. Affiliates that have reached the £25 NET VAT commission threshold will be paid upon the termination of the Agreement subject always to the terms of this Agreement as shall be published from time to time.
11.1) Cuccio Europe reserves the right to modify or otherwise change the terms of this Agreement at any time as it sees fit. Cuccio Europe shall make such modifications by way of publishing revised terms on the Site. Affiliates only remedy in the event of revised terms of this Agreement being published shall be to terminate this Agreement. An Affiliate shall be deemed to have accepted of any modification to this Agreement as published from time to time.
12. Limitation of Liability
12.1) Cuccio Europe shall not be liable to the Affiliate or to any other person, for indirect, incidental, or special damages, lost profits, loss of goodwill, lost savings, or any other form of consequential damages, regardless of the form of action, even if Cuccio Europe has been advised of the possibility of such damages, whether resulting from breach of its obligations under this Agreement or otherwise.
12.2) Cuccio Europe’s entire liability in respect of any liability arising under this agreement will not exceed the total commission fees paid or payable to the Affiliate under this Agreement.
12.3) Cuccio Europe makes no warranties, either express or implied, concerning the performance or functionality of the Cuccio Europe services, or the Programme as a whole. This includes but is not limited to the Link or any other affiliate advertisements and hereby expressly disclaims all implied warranties, including warranties of merchantability or fitness for a particular use or purpose.
12.4) Cuccio Europe shall under no circumstances be liable to the Affiliate or to any other person or entity for any loss, injury, or damage, of whatever kind, resulting from or arising out of any mistakes, errors, omissions, delays, or interruptions in the receipt, transmission, or storage of any messages or information arising out of or in connection with the Programme or Cuccio Europe.
13. Governing Law
13.1) This Agreement is governed by and is construed in accordance with the laws of England and Wales.
13.2) The Courts of England and Wales shall have jurisdiction to hear any disputes arising from this Agreement.
13.3) Cuccio Europe shall not be liable for the legality of Cuccio Europe service in countries other than the United Kingdom.
13.4) Affiliates are solely responsible for the legality of the use of the service if the Affiliate in question is registered to Cuccio Europe 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.
14.1) By ticking on the ‘I accept all terms of this programme’ icon the Affiliate acknowledges that they have read the terms and conditions of this Agreement, understand and agree to be bound by them.