The Win Your New Car Affiliate Program will reward you for any bid purchases that you, as one of Our Affiliates refer to Win Your New Car.
These terms and conditions constitute the entire agreement between Win Your New Caren Win Your New Car and you in relationship to the
By registering for an affiliate account, you agree to abide by these terms and conditions.
“Affiliate” means an individual who registers for an affiliate account on the Win Your New Car website and who is accepted as an Affiliate.
“this Agreement” means the agreement between Win Your New Caren Win Your New Car and you and constituted by your acceptance of these terms and conditions.
“the Code” means the code, unique to you, which Win Your New Car will provide to you at your request as part of the Program
“the Link” means the HTML link to the Win Your New Car website provided from time to time by Win Your New Car to you as part of the Program and which shall be unique to you.
“The Program” means the arrangements published on the Win Your New Car website from time to time under which Win Your New Car will (subject to the terms of this Agreement) pay commission to Affiliates referring for any bids purchased from our affiliates referrals.
“the Win Your New Car website” means the Win Your New Car website at https://winyournewcar.com or any replacement URL.
Win Your New Car may vary, amend or cancel the Program by publishing any revised terms on the Site. Any such variation, amendment or cancellation shall take effect upon such publication without the need for any separate notification to you.
The Program is expressly a business-to-business relationship. You acknowledge that you enter into it in a business capacity and not as a consumer.
Neither the Program nor your acceptance as an Affiliate entitles you to represent yourself as an agent, partner or any other form of associate of Ours other than as an Affiliate as expressly provided for in this Agreement.
Suitability for Our Affiliate Program
Win Your New Car reserve the right to terminate this Agreement and your status as an Affiliate at any time for any reason whatsoever in Our sole discretion.
Non-exhaustive examples of cases in which Win Your New Car may choose to terminate this Agreement include your use or promotion of any material (in any format) in connection with the Program that:
is sexually explicit or violent; or
depicts discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age, or
contains unlawful material including (but not limited to) materials that Win Your New Car consider may possibly violate another’s intellectual property rights, or
is in Our opinion (as to which our decision is final) illegal or
disparages Win Your New Car in any way
Win Your New Car consider (in Our sole discretion) to be unsuitable.
Legitimate methods of advertising
To receive commission for referring customers to Win Your New Car, you may only engage in proper advertising. If Win Your New Car (in our sole discretion) consider you have engaged in, or failed to prevent others from engaging on your behalf in, improper advertising Win Your New Car may terminate this Agreement and your status as an Affiliate without notice.
Non-exhaustive examples of improper advertising include (without limitation):
the forwarding of any URLs direct to https://winyournewcar.com (including mis-spells of the above trademark domain); and
forcing cookies through iframes;
advertising through third party networks; with the exception arising from Clause 4.3 below;
brand bidding (including mis-spells) for PPC advertising,
You may promote Us through social media communities, as a limited exception to Clause 4.2.3 above but must not create groups or Win Your New Car pages in social communities purporting or holding yourself out to be Our representative.
Any sales that Win Your New Car conclude have been generated through improper advertising will not qualify for commission or credit under the Program.
You must repay to Win Your New Car any such commission already paid to you that Win Your New Car consider (in our sole discretion) have been referred to Us by you when you engaging in improper advertising. Our election not to enforce this right in any particular case shall not be deemed to waive any other rights Win Your New Car may have under this Agreement.
Subject to the terms of this Section, Win Your New Car will provide to you the Link, and/or the Code (as requested by you) and any related banners, posters, business cards graphics, or text advertisements necessary to for the Program to apply to you. You may not use any materials to promote Us or Our products except those Win Your New Car have supplied to you. The Link may contain any picture, text, logo, graphic, that maybe be applicable to the relevant products or services.
Win Your New Car reserve 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 a customer referred by you may apply directly to us to purchase Our products or services. The presence of the Link on your site will serve to identify you as a member of the Program.
Payment of Commission
Once a customer has arrived at the Win Your New Car website having followed the Link, their actions on the Win Your New Car website will be tracked for 14 days using a cookie. You will earn commission on all bid purchased during that 14-day period. Win Your New Car 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 or the Code.
You will only earn commission in respect of sales made through the Win Your New Car website directly through the customer’s use of the Link or the Code when purchasing a bid from Win Your New Car .
Win Your New Car will only make a payment to you when the level of commission due at the end of a calendar month is above the commission balance threshold.
The commission balance threshold for the purpose of this agreement is $25 or more as Win Your New Car determines from time to time and publish on the Win Your New Car website.
Win Your New Car reserve the sole right to change the commission balance threshold at any time without your consent. In the event of such a change Win Your New Car shall notify you. If you do not wish to accept the new commission balance threshold you may terminate this Agreement by giving Us written notice to that effect. No commission is payable in respect of any sale made after you have terminated this Agreement.
Your continuing participation in the Program after publication of the change on the Win Your New Car website constitutes your acceptance of the new commission balance threshold.
If you have earned commission in excess of the commission balance threshold Win Your New Car will pay the appropriate amount by each month as Win Your New Car determine in our discretion. Commission not exceeding the commission balance threshold will be carried over until you exceed the commission balance threshold.
Commission will not be not paid for orders made by existing customers. Win Your New Car will not pay commission for bids that you purchase through the Link. Our system will simply not recognize this as a sale qualifying for commission.
The referral commission is currently $2 per bid Purchase. This amount may be amended or varied at any time. Any revised rate(s) shall take effect from publication on the Win Your New Car website.
If you have subscribed for a Link, provide all information necessary to allow you to make the Link to the Win Your New Car website from your site,
Process all bid purchases placed by a referral following the Link,
Track the number and amount of relevant sales generated through the Link,
Provide information to you regarding commission payments,
Manage credit card authorizations, payment processing, cancellations, returns, and all other related customer service for Us for the purpose of our business, and
Establish the commission balance threshold and payment frequency, and pay earned commissions.
You agree to be solely responsible for the following and to keep Win Your New Car fully indemnified in respect of:
The content of your website and any website to which it or you may be connected,
Any misrepresentation of Win Your New Car,
Any false claims, representations or warranties made by you or on our behalf in relation to Win Your New Car,
Ensuring that your website and all products and services promoted or made available from it comply with all applicable copyright, trademark, intellectual property right, data protection, anti-spam and other applicable laws,
Obtaining permission to use another party’s copyright or other proprietary material,
The development, operation and maintenance of your website and all materials that appear on it. For the purposes of this Agreement this shall include, but not be limited to, the technical operation of such site and all related equipment; the accuracy and propriety of materials posted on it; and ensuring that materials posted on your website do not violate or infringe the rights of any third party and are not defamatory or otherwise unlawful or illegal. You disclaim all liability for all such matters,
You also agree to indemnify Win Your New Car, any parent, subsidiary or associated company, and their respective 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 from any breach by you of this Agreement,
Complying with all applicable US laws and regulations.
The payment of all tax and national insurance contributions payable on any payments made by Us to you or at your direction.
Right to Name as a Reference Customer
You shall not create, publish, distribute, or permit any written or graphical material that makes reference to Win Your New Car (other than any expressly authorized by this Agreement) without Our prior written consent. Win Your New Car reserve the right to refuse any request for such consent under this Agreement in Our absolute discretion.
With effect from your acceptance as an Affiliate Win Your New Car grant you a non-exclusive, non-transferable, revocable right to access the Win Your New Car website through the Link solely in accordance with the terms of this Agreement. This license shall be used solely in connection with the Link, and will extend to the use of those of Our logos, trade names, trademarks and similar identifying material which Win Your New Car shall provide to you. You may use them for the sole purpose of establishing the Link to the Win Your New Car website so customers can purchase bids.
You must not modify or change the Link or any other materials provided by Us.
Other than establishing the Link, you must not make any use of any of the licensed materials without first obtaining Our prior written consent. You must not use the licensed materials in any manner that is in any way detrimental to Our brand or any other brand.
Win Your New Car reserve all of Our rights in the materials provided and all of Our other proprietary rights. Win Your New Car shall be entitled to revoke this license to use the Link or the licensed materials at any time and at Our sole discretion.
The license shall expire upon the termination (Win Your New Carver occurring) of this Agreement.
Any inappropriate use of the Link, text, banners or other advertisements not expressly approved of in writing or provided by Win Your New Car may be cause for immediate termination of this Agreement in our absolute discretion.
Commission on termination of this Agreement
If you have reached the commission threshold Win Your New Car will pay the commission due upon the termination of this Agreement subject always to its terms in force at the relevant time.
Win Your New Car reserve the right to modify or otherwise change the terms of this Agreement at any time as Win Your New Car see fit. Win Your New Car shall make such modifications by way of publishing revised terms on the Win Your New Car website. Your only remedy in the event of revised terms of this Agreement being published shall be to terminate this Agreement within 28 days of such publication (time being of the essence). You shall otherwise be deemed to have accepted any modification to this Agreement as published from time to time.
Limitation of Liability
Win Your New Car shall not be liable to you or to any other person for indirect, incidental, or special damages, lost profits, loss of goodwill, lost savings, or any other form of consequential loss or damages, regardless of the form of action (even if Win Your New Car have been advised of the possibility of such damages) whether resulting from breach of Our obligations under this Agreement or otherwise.
Our entire liability in respect of any liability arising under this agreement will not exceed the total commission fees paid or payable to you under this Agreement.
Win Your New Car give no warranty, express or implied, concerning the performance or functionality of Our services, or the Program as a whole. This includes but is not limited to the Link or any other affiliate advertisements and Win Your New Car expressly disclaim all implied warranties, including warranties of merchantability or fitness for a particular use or purpose.
Except insofar as liability cannot by law be excluded Win Your New Car shall not be liable to you or to any other person or entity for any loss, injury, death 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 Program.
This Agreement is governed by, and is construed in accordance with the laws of State of Maryland. The Courts of Maryland shall have exclusive jurisdiction to hear any disputes arising from this Agreement. Win Your New Car shall not be liable for the legality of Our service in countries other than the United States of America.
You are solely responsible for the legality of the use of Our service in a country other than the United States of Americaby you or anyone referred to Us by you and shall indemnify Us against all loss expense and liability in respect of any such illegal or unlawful use.
By registering for an affiliate account on the Win Your New Car website You acknowledge that you have read these terms and conditions, understand them and agree to be bound by them.