Oliver Goldsmith's Affiliates Programme offers eligible entities or individuals (collectively, “Affiliates” each an “Affiliate”), the opportunity to earn commissions on qualifying sales that originate from links on an Affiliate’s Authorised Channel to Oliver Goldsmith's websites (“Affiliate Links”). This policy explains your rights and responsibilities when participating in Oliver Goldsmith's Affiliates Programme. “Authorised Channels” means your owned and operated social media pages, websites, blogs, emails, and such other communications, media and channels that have been accepted and approved by Oliver Goldsmith for participation in the Affiliate’s Programme.
This policy contains the terms and conditions that apply to an Affiliate’s participation in the Oliver Goldsmith Affiliates Programme (the “Affiliates Programme”), which is operated through the UpPromote Affiliate Network (“UpPromote”).
These terms are a contract between you and Goldsmith Sunglasses Ltd; but we’ll just refer to Oliver Goldsmith Sunglasses Ltd and all of its subsidiaries collectively as “Oliver Goldsmith”).
By applying and participating in Oliver Goldsmith's Affiliates Programme, you’re agreeing to be bound by these terms (the “Affiliates Policy”). You also agree to abide by our Terms of Use (including important Arbitration provisions in Section 11 as noted below) and Trademark Policy, and acknowledge that you have read and understood our Privacy Policy, all of which are incorporated by reference into this Affiliates Policy. You also acknowledge and agree that Oliver Goldsmith may use the Affiliate Programme, including your Affiliate Links, as part of Oliver Goldsmith's Offsite Ads programme.
Please note that Section 11 of Oliver Goldsmith's Terms of Use, entitled, Disputes with Oliver Goldsmith, contains an arbitration clause and class action waiver. By agreeing to the Terms, to the extent permitted in your jurisdiction, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.
1. Eligibility and Enrolment in Oliver Goldsmith's Affiliates Programme
Prospective Affiliates must apply to be a party of the Affiliates Programme based on their country of residence and be approved by Oliver Goldsmith, in its sole discretion, in order to gain access to the Affiliates Programme. Sales from applicable Affiliate Links will track regardless of where in the world the sale took place. Prospective Affiliates are evaluated based on criteria such as type of site, site quality, site content, variety of site content and items promoted, brand identity, and alignment with Oliver Goldsmith's values. During the application process, prospective Affiliates may be asked to share additional information about any of the listed criteria.
To be eligible for our Affiliates Programme, you must:
- Be at least 18 years of age, or the age of majority in your country (if over 18);
- Promote Affiliate Links through one of the following Authorised Channels:
- a website with a URL – all unique sites and URLs must be approved separately by Oliver Goldsmith;
- Instagram (must have a minimum of 500 followers with engagement rates of at least 3%);
- Facebook (must own created content);
- Pinterest (must own created content with link directing to your blog). Affiliate links on Pinterest can only link directly to Oliver Goldsmith via Idea Pins, and content in Idea Pins must be own created;
- YouTube;
- TikTok; or
- a channel otherwise approved by Oliver Goldsmith in writing;
- Have a website with a URL – all unique sites and URLs must be approved separately by Oliver Goldsmith;
- Have an appropriate amount and type of content on your site, as determined by Oliver Goldsmith, in its sole discretion;
The following types of websites are prohibited from participating in the Affiliates Programme without express separate prior written permission from Oliver Goldsmith:
- 'Cash-back' or voucher sites (websites that offer rewards for buying goods through referral links);
- Price comparison sites;
- Sites that utilise iFrame or similar code for embedding media;
- Sites using "pop-ups" or "pop-unders" (websites that launch "pop-up" or hidden windows on users’ browsers);
- Sites that perform “dropshipping” or similar delivery services;
- Social sharing sites, forums, social media pages, and registries (excluding the Authorised Channels listed above);
- Sites that exist solely or predominately to promote Oliver Goldsmith items;
- Sites that promote unlicensed items with registered trademarks or other intellectual property owned by third parties;
- Sites that are password-protected or otherwise require credentials to see content;
- Sites that promote or encourage users to post third party or user-generated content that are not within the Authorised Channels listed above;
- Sites with content related to sexual, religious, political or other sensitive matters, or otherwise have content that violates Oliver Goldsmith's Prohibited Items Policy, Anti-Discrimination and Hate Speech Policy, or are otherwise inconsistent with Oliver Goldsmith's brand.
Prospective Affiliates must apply directly through the Affiliates Programme platform, operated by the UpPromote Network. You must provide and maintain complete and accurate information about you (including your payment and tax information) during your participation in the Affiliates Programme. Oliver Goldsmith and UpPromote have the right to confirm or verify the truth and accuracy of your registration and account information at any time. You are responsible for all activity related to your account on the UpPromote Network and in the Affiliates Programme once you are approved, and must provide Oliver Goldsmith and UpPromote with prompt notice of any known or suspected unauthorised use of your account or breach of the security of your account.
Oliver Goldsmith reserves the right to remove Affiliates from the Affiliates Programme and refuse service, for any reason, at any time. Participation in the Affiliates Programme may be limited to Affiliates located in certain countries and is void where prohibited by law. Oliver Goldsmith reserves the right to approve or reject any application to join the Affiliates Programme for any reason.
2. Commission Rates, Qualifying Sales and Payment
As an Affiliate, you are eligible to receive commissions for qualifying sales through Authorised Channels (see below). Commission rates are determined on a case-by-case basis and may vary based on a variety of factors, such as type of site and content. For current commission rates, click here and "Apply Now" for more Programme information.
Your Affiliate application through the Affiliates Programme platform must specify the channels on which you wish to place Affiliate Links. If after you are approved as an Affiliate you wish to use additional channels that have not been approved, you must obtain Oliver Goldsmith's approval before using such channels. Oliver Goldsmith will not approve telemarketing/text message/SMS marketing as an Authorised Channel. Oliver Goldsmith may, in its sole discretion, disqualify an Authorised Channel if it determines that it no longer complies with the requirements of this Affiliate Policy or is otherwise no longer appropriate for Affiliate Links.
Qualifying sales are purchases made on https://www.olivergoldsmith.com (the “Oliver Goldsmith Site”) by users that arrived on the Oliver Goldsmith Site by clicking an Affiliate Link on an Authorised Channel and pay by credit or debit card, or any of the methods set forth in the Oliver Goldsmith Payments Policy. Affiliate Links, including URLs and banners or other creative assets (collectively, the “Creative Assets”), can be found on the Affiliates Programme platform. To receive a commission, Affiliates must (a) use only the Creative Assets and Affiliate Links provided by Oliver Goldsmith, (b) only use the Creative Assets on an Authorised Channel, and (c) not alter any of the text links or Creative Assets made available through the Affiliates Programme platform. Affiliates are also requested not to hardcode Affiliate Links into their sites, so that any updates to Creative Assets take immediate effect.
The Affiliates Programme platform uses browser cookies to verify qualifying sales. The cookies (i) on the Oliver Goldsmith website are valid for thirty (30) days and (ii) on the App are valid for seven (7) days (collectively, the “Cookie Period”). Commissions are paid on qualifying sales made during the Cookie Period that originated on an Authorised Channel. This means that an Affiliate can receive a commission for a qualifying sale if the sale was made within thirty (30) days on the Oliver Goldsmith website, of a user clicking the Affiliate Link in an Authorised Channel, as long as the Affiliate was the last referrer. If a user clicks multiple Affiliate Links, the last Affiliate Link to be clicked prior to a qualifying sale will receive the commission. If the user’s last click prior to making the purchase was a paid channel, such as, for example, via Google PPC or if a paid click goes directly to an affiliate link, the purchase will not be a qualifying sale and an Affiliate will not receive a commission.
Commissions are calculated by multiplying the relevant commission rate and the price of the qualifying sales (excluding postage costs and taxes). Commissions are not paid on sales that are cancelled, refunded, returned, or on any transaction that results in a chargeback. Commissions are subject to review and other limitations for fraudulent activity. Oliver Goldsmith reserves the right to withhold commissions for any legitimate reason. You are solely responsible for any taxes that may be due in connection with your participation in Oliver Goldsmith's Affiliates Programme.
At any time, Oliver Goldsmith may with or without notice change, suspend or discontinue an Affiliate Link or remove, alter, or modify any graphic or banner ad submitted by Oliver Goldsmith through the Affiliates Programme platform. Affiliate agrees to promptly implement any request from Oliver Goldsmith to remove, alter or modify any Affiliate Link, graphic, or banner ad submitted by Oliver Goldsmith through the Affiliates Programme platform.
3. Programme Restrictions
Affiliates that violate any of the following programme restrictions may be suspended or removed from the Affiliates Programme and may not receive commissions, in Oliver Goldsmith's sole discretion:
Social Media and Sharing
Affiliates may only post Affiliate Links on Authorised Channels they operate in line with their website URL, such as Instagram, Facebook, or Twitter. When posting content, it is the Affiliate’s responsibility to follow and abide by each Social Media platform’s terms and conditions, including any policies on affiliate links. Affiliates may share Affiliate Links with its email subscribers. In addition, Affiliates may only use the Creative Assets and Affiliate Links provided by Oliver Goldsmith and only in the Authorised Channels which do not include closed or private group pages.
Use of Coupon Codes
Affiliates may only promote approved Oliver Goldsmith-issued coupon codes that are provided through the Affiliates Programme platform. Any expiration dates should be clearly and prominently displayed next to the coupon codes, and codes should be removed or explicitly marked as expired on or just prior to the expiration dates. Affiliates displaying expired codes without marking them as being expired may be suspended from the Affiliates Programme.
Paid Search
In connection with the Affiliates Programme, you agree that you will not bid on any keywords containing Oliver Goldsmith trademarks for internet search advertising, search engine optimisation, or for any other purpose. Affiliates may not purchase domain names that have variations from Oliver Goldsmith's domain or misspellings in them which are solely intended to direct traffic away from the Oliver Goldsmith Site, or purchase any domains containing Oliver Goldsmith Trademarks, including variations or misspellings.
Affiliates must comply with the following conditions, including in connection with any advertising on any ad platform (e.g. search engines, content networks, and social networking sites):
- Affiliates are not permitted to bid or appear on searches, including extended or hybrid searches, that include the term (including misspellings or variations) “Oliver Goldsmith”
- Affiliates are not permitted to use Oliver Goldsmith's trademarks in any paid search activity, including ad text, copy or display URLs;
- Affiliates are not permitted to direct link PPC activity to Oliver Goldsmith.com; this includes using Oliver Goldsmith.com as a display URL;
- Affiliates are not permitted to send traffic through automatic redirects on a website page;
- Affiliates are not permitted to use the Oliver Goldsmith name (including misspellings and variations) as a sub-domain or sub-folder;
- Affiliates are not permitted to create sub-affiliate accounts under the original approved affiliate account;
- Affiliates are not permitted to use Oliver Goldsmith trademarks, or any variation thereof, in hidden text or source code, including within its site’s domain or sub-domain;
- Affiliates are not permitted to use Oliver Goldsmith's brand in a manner that suggests an affiliation, association, or brand partnership, or in a manner otherwise inconsistent with Oliver Goldsmith's Trademark Policy; and
- Affiliates are not permitted to engineer its site in such a manner that it pulls internet traffic away from the Oliver Goldsmith Site. This includes, without limitation, directly purchasing traffic (such as, for example, in a manner that artificially leads to ad clicks), or "keyword stuffing" such as using terms in hidden or live text that is meant to attract search engine spiders in order to determine higher relevance or rank than the Oliver Goldsmith Site.
Responsibility for Your Authorised Channels
You are solely responsible for your site, including its development, operation and maintenance and all materials that appear on or within it. Oliver Goldsmith is not liable for any content or information on your Authorised Channels or for any of your users’ claims relating to your Authorised Channels, and you agree to defend, indemnify, and hold Oliver Goldsmith harmless from and against all claims relating to your site and the content of your social media pages. You agree that during your participation in the Affiliates Programme, you will comply with the following requirements with respect to your website, advertising for your website, and social media presence:
- Ensuring all banners, text links, individual product links and search box ads are up to date with what is offered by Oliver Goldsmith through the UpPromote Network;
- Ensuring the accuracy and appropriateness of materials and content posted on your site;
- Ensuring that materials and content posted on your site are not libellous or unlawful, and do not violate or infringe upon the rights of any third party (including, but not limited to, copyrights, trademarks, privacy or other personal or proprietary rights);
- Ensuring that your site complies with all applicable national, state, regional and local laws and regulations, including any codes of practice applicable to your marketing and displaying content on your website, and that your website clearly and conspicuously displays a website terms of use and privacy policy (“Legal Notices”).
Oliver Goldsmith may suspend your account and/or withhold commissions if it determines you are in violation of any of the conditions contained in this Section 3.
4. Compliance and Disclosures
Depending on where you are located, you may be subject to varying regulations relating to the operation, marketing, and advertising of your site. As an Affiliate, it’s your responsibility to know and follow any applicable regulations that apply to your site. Oliver Goldsmith is unable to provide legal advice; we urge you to speak to a legal expert if you are unsure of your obligations or have specific questions.
4.1 Compliance with Laws
Affiliates must comply with all applicable international, federal, state, and local laws as it relates to operation of its website and any organic or paid advertising of its website. You agree that you are responsible for all personal information that you collect from users of your site and that you must obtain valid consent (if applicable) from end users to collect, use or disclose this information as required by applicable law.
Affiliates must ensure all email marketing complies with applicable laws and regulations, including without limitation, the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (the “CAN-SPAM Act”), Canada’s anti-spam legislation or “CASL”, the European Directive 2002/58/EC (Directive on privacy and electronic communications) and any local law implementations of such directive including for the UK, the Privacy and Electronic Communications (EC Directive) Regulations 2003 (“PECR”) and any other applicable anti-spam or related regulations, laws, or industry best practices, related to the dissemination of commercial emails in their country. Emails must not state or imply that the email is being sent by, or on behalf of, Oliver Goldsmith, or Oliver Goldsmith sellers.
4.2 Consumer Disclosures.
As an Affiliate, you must comply with the U.S. Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (“FTC Guidance”), the UK’s Committee of Advertising Practice Codes including their guidance on Online Affiliate Marketing or the equivalent laws, rules, regulations and guidelines in your country, as well as the policies of each social media platform, concerning Affiliate’s disclosure of a material connection with Oliver Goldsmith.
In any and all social media outlets or other digital properties in which an Affiliate communicates about Oliver Goldsmith or products sold on Oliver Goldsmith, or in any other advertising, the Affiliate must:
clearly and conspicuously disclose their relationship and their material connection (meaning the Affiliate receives payment of commission or other compensation) with Oliver Goldsmith. For example, an Affiliate could use the identifier “ad” or “advert” before each Affiliate Link (or any local language equivalent); ensure that each such disclosure is prominently placed in close proximity to the communication about Oliver Goldsmith or products sold on Oliver Goldsmith; not make any false, misleading or deceptive statements about Oliver Goldsmith, or products sold on Oliver Goldsmith; ensure that any opinion or personal endorsement given about any Oliver Goldsmith products is honestly and genuinely held; and not make unsupported or untruthful product performance or attribute claims concerning products sold on Oliver Goldsmith or any claims about product performance or attributes without personal knowledge or substantiation (i.e. proof) of the same.
5. Dispute Resolution; General Provisions
5.1 Right to Audit; Suspension & Termination.
Oliver Goldsmith has the right to audit you, your sites, or activities related to your site, including compliance with this Affiliates Policy, in relation to your participation in the Affiliates Programmes. If Oliver Goldsmith believes that you have breached this Affiliates Policy or that you have engaged in fraudulent activity, it may take any steps it deems appropriate, such as: (i) issue a warning; (ii) conduct an investigation; (iii) suspend your account; (iv) terminate your account from the Affiliates Programme or from the Awin Network; or (v) withhold commission payments.
5.2 Indemnification.
You agree to indemnify, defend, and hold harmless Oliver Goldsmith, its affiliates and subsidiaries, and each of their respective directors, members, officers, employees, contractors, representatives, agents, successors and assigns from and against any and all damages, judgements, settlements, awards, penalties, and costs (including reasonable lawyers’ fees) in relation to a third party claim arising from or related to: (i) Your negligence, willful misconduct or acts or omissions; (ii) Your violation of applicable laws or regulations or applicable codes of practice; (iii) Your breach or other non-compliance with the terms of this Affiliate Policy or (iv) Your Authorised Channels and other content.
5.3 Limitation of Liability.
Nothing in this Policy, including this Section 5.3, shall attempt to exclude or limit liability that can't be excluded or limited under applicable law including without limit, death or personal injury caused by a party’s negligence, or for fraudulent conduct. Subject to this, and to the maximum extent permitted under applicable law, Oliver Goldsmith will not be liable for indirect, special or consequential damages arising in connection with this Policy, the Affiliates Programme, or the UpPromote Network, even if Oliver Goldsmith has been advised of the possibility of such damages. Further, subject to the preceding parts of this paragraph, Oliver Goldsmith's aggregate liability arising with respect to this Affiliates Policy, and your participation in the Affiliates Programme, will not exceed the total commissions paid to you in the previous six (6) months preceding any claim. All claims made hereunder by you against Oliver Goldsmith shall be made within 120 days of the act or omission, which forms the basis of such claims.
5.4 Representations and Warranties.
You represent and warrant that (a) you have the authority to participate in the Affiliates Programme and enter into this Agreement and have sufficient rights to grant any licences express herein, (b) you shall, in the performance of all of your rights and obligations under this Agreement, comply with all applicable laws, rules, and regulations and codes of practice, (c) any material or communication which is displayed or used by you in connection with the Affiliates Programme will not (i) infringe on any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or right of publicity or privacy; (ii) be defamatory or libellous; (iii) be lewd, pornographic, or obscene; (iv) violate any laws, including those regarding unfair competition, antidiscrimination, consumer financial protection or false advertising; (v) promote violence or contain hate speech; (vi) promote discrimination, based on race, age, sex, religion, nationality, sexual orientation, gender expression or disability; or (vii) contain viruses, trojan horses, worms, time bombs, cancelbots, or other similarly harmful or deleterious programming routines.
