Simpel Wetsuits Affiliate Program Terms & Conditions
By signing up to the Simpel Wetsuits Affiliate Program (the "Program") and/or using your unique affiliate code or link, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions ("Terms"). This is a legally binding agreement between Simpel Wetsuits Ltd (“Simpel”, “we”, “our”, “us”) and you, whether acting as an Affiliate, Ambassador, Partner, Sponsor, or any similar representative role.
1. Eligibility & Registration
- You must be 18 years or older to participate.
- Registration details must be complete, accurate, and kept up to date.
- Each account is intended for use by a single individual or legal business entity.
- You are responsible for maintaining the security and confidentiality of your login credentials.
2. Use of the Program
You may not use the Program for any unlawful, unauthorised, or misleading purpose, including but not limited to:
- Spamming
- Intellectual property infringement
- False advertising or brand misrepresentation
Simpel may reject or terminate any account at its sole discretion, with or without notice.
3. Referral Links & Promotion
- You will receive a unique referral link upon approval.
- Simpel is not liable for untracked sales resulting from expired cookies (30-day lifespan), improper implementation, or user settings.
- Promotional assets provided by Simpel (e.g. logos, banners) may not be altered without prior written consent.
- You may not use Simpel branding in paid ads, press releases, or bulk messaging without express permission.
- You must not represent yourself as an employee, agent, or official representative of Simpel.
4. Referral Fees & Store Credit
Commission is earned on eligible purchases tracked through your unique link.
Store credit is the default payment method and will be issued only:
- After the customer payment has cleared
- Once the return window has closed
Store credit is:
- Non-transferable
- Not redeemable for cash/unless otherwise agreed in writing
- Must be used within 6 months
Simpel is not responsible for technical limitations, user errors, or ad-blockers that result in untracked sales.
5. Affiliate Disclosure
You must clearly disclose your affiliate relationship in all public-facing promotional content, including:
- Social media
- Blogs
- Emails
For UK, EU, USA + AUS audiences, disclosures must appear at the beginning of any promotional material.
Examples you may wish to use include:
- “Ad”
- “Affiliate link”
- “This is a paid partnership”
Failure to comply with legal disclosure requirements may result in:
- Immediate termination
- Forfeiture of unpaid commissions
- Legal liability, for which you agree to indemnify Simpel
6. Fraud, Misconduct & Prohibited Activity
You agree not to engage in:
- Fraudulent or aggressive sales tactics
- Fake referrals or self-referrals
- Misleading claims about Simpel products or promotions
Simpel reserves the right to withhold or cancel commissions earned through prohibited activity.
Affiliate Data Handling Restrictions
Affiliates are strictly prohibited from collecting, storing, using, or sharing any customer personal data outside of what is necessary for tracking their own referral sales through the Simpel Affiliate Program. Any data visible or accessible to the affiliate (e.g., referral tracking metrics or commission dashboards) may only be used for the purpose of tracking sales and must not be used for any other purpose.
Affiliates must not share any customer-related data with third parties, and may only communicate or share such data directly with Simpel Wetsuits Ltd when required. Any unauthorised use, processing, or disclosure of personal data may result in immediate removal from the Program and could lead to legal or regulatory action under applicable data protection laws.
7. Customer Ownership
- All customers referred via the Program remain the sole property of Simpel.
- You are not permitted to access customer data, make offers, or act on Simpel’s behalf.
- Any attempt to claim customer ownership or impersonate Simpel will result in termination.
8. Program Changes & Termination
- Simpel may amend or terminate the Program and/or these Terms at any time without notice.
- Continued participation constitutes acceptance of any updates.
- Either party may terminate this agreement with written notice.
Simpel reserves the right to withhold payment of any unpaid commission if your account is terminated due to:
- Breach of these Terms
- Fraud
- Negligence
- Failure to disclose affiliate status as required by law
In cases of non-breach termination, valid commissions earned up to the date of termination will be honoured in line with Section 4.
9. Intellectual Property
All branding, media, text, and promotional assets provided by Simpel are intellectual property of Simpel Wetsuits Ltd.
You may not:
- Alter, resell, or reuse materials without permission
- Create derivative works using Simpel IP
- Register domain names or social handles resembling the Simpel brand
10. Limitation of Liability
To the maximum extent permitted by law, Simpel and its directors, officers, employees, agents, or affiliates shall not be liable for any:
- Loss of income, sales, or profit
- Business interruption or opportunity loss
- Damage to reputation or data
- Indirect, incidental, or consequential damages
Participation in the Program is voluntary and at your own discretion. Simpel offers no guarantee of income or sales success. Any marketing advice or assets are provided “as-is” with no warranty.
Maximum liability is limited to the total value of unpaid commissions that have been expressly confirmed as valid and outstanding at the time of any claim.
11. Force Majeure
Simpel shall not be held liable for any delay or failure in performance due to:
- Natural disasters, war, terrorism, or industrial disputes
- Internet outages or platform failures
- Legal, governmental, or regulatory action
In such cases, Simpel’s obligations will be suspended for the duration of the event.
12. Governing Law & Jurisdiction
This agreement is a commercial relationship and is not subject to consumer protection laws.
These Terms and your participation in the Program are governed by the laws of England and Wales, and any dispute arising under them shall be submitted to the exclusive jurisdiction of the English courts.
You agree not to contest this jurisdiction, and waive the right to apply consumer protection laws from any other country, state, or region.
13. Indemnity
You agree to indemnify and hold harmless Simpel and its Representatives from any:
- Legal claims
- Regulatory actions
- Losses or liabilities
Arising from your participation in the Program, including failure to comply with disclosure laws, misrepresentation, or unauthorised activity.
14. Non-Disparagement
You agree not to publicly criticise, defame, or make derogatory statements about Simpel, its products, or personnel during or after your participation in the Program.
15. Entire Agreement
These Terms constitute the entire agreement between you and Simpel relating to the Affiliate Program. They override all prior oral or written agreements or understandings.
Contact
For questions or concerns about these Terms, contact us at: Care@livesimpel.com