Important: Please read this document carefully and in full before agreeing to become a Crafty Quiz Affiliate.
Last updated 7th March 2023
This is a legal Agreement between You (the Affiliate) and Crafty Entertainment Ltd (the Company) and it contains the terms and conditions that will apply to You after becoming a Crafty Quiz Affiliate so please read this Agreement carefully and in full before agreeing to become a Crafty Quiz Affiliate.
We reserve the right to change or modify any portion of this Agreement and any policies or guidelines governing Your participation in the Crafty Quiz Affiliate Programme at any time at our sole discretion. Any such changes or modifications will be effective immediately upon posting of revisions at https://craftyquiz.com/affiliate-programme-terms-conditions.
We will alert You that changes have been made by indicating at the top of this Licence Agreement the date of the last change. Your continued use of the participation in the Crafty Quiz Affiliate Program following the posting of such changes or modifications constitutes Your acceptance thereof. We therefore recommend that You regularly review this Agreement.
1.0 About Us
Crafty Entertainment Ltd is a company registered in England and Wales whose registered office is:
West Hill House Allerton Hill, Chapel Allerton, Leeds LS7 3QB
Company No. 09561613
VAT No. GB 211 3122 81
Email: [email protected]
Phone: 07444 530 902
2.0 Definitions
Us / We: mean Crafty Entertainment Ltd, its employees, owners and associates
You / Your / Affiliate: mean the person or business participating in the Crafty Quiz Affiliate program
Our Website / Website: mean the website located at www.craftyquiz.com including all sub pages
Goods / Services: means any product or service provided by Us in return for payment
Digital Goods / Services: means any services, downloads or intangible products e.g. Quiz Master Licences provided by Us in return for payment
Physical Goods: means any tangible product e.g. routers, leaflets, beer mats, clothing or homeware provided by Us in return for payment
Crafty Quiz Software / Software: mean the Our quiz making and hosting desktop application and mobile app including all code, images and content
Affiliate Program: means the Affiliate Program as described in this Agreement
Referral Link: means the unique tracking link you place on your site or social media profiles or promote through other channels
Lead: means a potential customer of Crafty Quiz, who is referred to Crafty Quiz through Your Referral Link
Customer: means the actual user and purchaser of the Included Products
Included Products: means the products sold by Us and listed in this Agreement as being included in the Crafty Quiz Affiliate Program
Commission: means the amount in British pounds sterling as described in this Agreement for each valid Customer purchase of an Included Product
3.0 Your Participation in the Crafty Quiz Affiliate Program
3.1 By applying to take part in the Crafty Quiz Affiliate Program You confirm that:
- You have read, understood and agree to be bound by the Terms and Conditions described herein and all Terms and Conditions included by reference;
- You have all sufficient rights and permissions to participate in the Affiliate Program;
- Your participation in this Affiliate Program will not conflict with any of your existing agreements or arrangements;
- all the information You supply to Us in relation to the Crafty Quiz Affiliate Program is accurate, complete and not misleading;
- You consent to Our use of Your information and cookies in accordance with the terms of Our Privacy Policy.
3.2 After you apply to become a Crafty Quiz Affiliate, we will review your application and inform you whether you have been accepted to participate in the Affiliate Program. Before we accept an application, we may want to reach out to you for more information.
3.3 If you are accepted to participate in the Crafty Quiz Affiliate Program You agree to:
- ensure you are compliant with all trade or regulatory requirements that may apply to your participation in the Affiliate Program for example, by clearly stating you are a Crafty Quiz Affiliate on any website or social media platform where you make an Affiliate Link available;
- adhere to the terms and conditions of this Agreement in full until terminated, in accordance with the terms set forth below;
- maintain an active Quiz Master Unlimited Subscription;
- promote Crafty Quiz in a positive manner;
- use the most current promotional materials made available by Us;
- use the most current information relating to Crafty Quiz on Your website and social media profiles;
- comply with Our website Terms and Conditions.
3.4 As a Crafty Quiz Affiliate You agree not to:
- use Your Affiliate Links on Coupon or Discount Websites;
- make false or misleading claims about Crafty Quiz or falsely advertise Crafty Quiz in any manner;
- use Your Affiliate Links for your own purchases;
- offer unofficial discounts or coupon codes;
- use Affiliate Links in unsuitable locations such as on websites that include defamatory, obscene, harassing or sexually explicit material or that promote violence, illegal activities, or discrimination of any kind;
- create or design Your website or any other website that You operate or control, explicitly or implied in a manner which resembles Our Website nor design your website in a manner which leads customers to believe You are Crafty Entertainment Ltd;
- use Our Website in any way that is unlawful, illegal or fraudulent or in connection with any unlawful, illegal, or fraudulent activity;
- edit, manipulate or in anyway change logos, banners, content, and any images provided to You by Us;
- split or share Commissions directly or indirectly with any Lead or Customer.
3.5 If you are accepted to participate in the Crafty Quiz Affiliate Program, We grant You a limited, non-exclusive, non-assignable, non-sublicensable, non-transferable, revocable licence to display and promote Crafty Quiz on Your website and social media profiles in accordance with the terms herein, from the date of Our acceptance of You into the Crafty Quiz Affiliate Program until the termination of this Agreement as set forth herein.
3.6 This Agreement does not create an exclusive agreement between you and Us. Both You and We have the right to recommend similar products and services of third parties and to work with other parties in connection with the design, sale, installation, implementation and use of similar services and products of third parties.
3.9 You may terminate Your participation in the Crafty Quiz Affiliate Program at any time by sending a written request to Us at [email protected].
3.7 We may terminate Your participation in the Crafty Quiz Affiliate Program at any time, at our sole discretion and without notice, for any reason, including but not limited to Your breach of this Agreement.
3.8 Upon termination, Your access to the Affiliate Dashboard will be withdrawn, and You shall not receive any further Commissions, whether paid, unpaid or potential. All licences and rights to use provided to You as part of the Crafty Quiz Affiliate Program will immediately terminate.
4.0 The Affiliate Dashboard
4.1 As a Crafty Quiz Affiliate you will have access to the Affiliate Dashboard where you will be able to:
- view your earnings, visits and conversion rate;
- view your commissions;
- view referral link clicks;
- view your payments;
- generate referral links;
5.0 Links and Clicks
5.1 You can create your own unique Referral Link using the link generator and make this available to potential Leads.
5.2 Once a Lead has arrived at Our Website having followed Your Referral Link, their actions on Our Website will be tracked for 60 days using a cookie. If during this 60-day period this Lead becomes a Customer by purchasing any Included Product it will generate the relevant commission.
5.3 If Lead purchases an Included Product no further Commissions will be assigned to the same Affiliate unless the Customer visits a Referral Link once again.
5.4 If a Lead visits Our Website site through Your Referral Link but subsequently visits Our Website site through a Referral Link provided by a second Crafty Quiz Affiliate Your cookie will be replaced with that of the second Affiliate and the second Affiliate would receive any applicable Commission.
5.5 All cookies will automatically expire after 60 days.
5.6 Entries in Your Click history will be deleted after 6 months.
5.7 Crafty Quiz 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 Referral Link.
6.0 Included Products, Commissions and Payments
6.1 To be eligible for a Commission, the Lead must:
- be a new customer to Crafty Quiz;
- have used your Referral Link;
- have purchased an included product;
6.2 Commissions will only be paid on the Included Products listed below and at the following rates:
- 15563 Quiz Master Unlimited Monthly Commission Rate: £10
- 50153 Quiz Master Unlimited Annual Commission Rate: £20
6.3 Commissions will be confirmed 40 days after the Customer purchased the Included Product. If the Customer’s subscription has been refunded or is on hold or cancelled the Commission will not be confirmed. If the Customer takes advantage of a free trial period Commissions will not be confirmed until 40 days after the free trial period has ended.
6.4 All commissions are calculated and paid in British Pounds Sterling (£).
6.5 If a Lead clears their cookies during the Referral Window or changes their cookies selections, Crafty Quiz shall not be liable for any Commissions that may have otherwise been owed to Affiliate.
6.6 Our commission levels may be updated from time to time and reposted in this Affiliate Program Agreement and will become effective immediately after We post it. Continued participation after any such update constitutes Your acceptance of the revised Commission levels and terms.
6.7 We reserve the right to freeze, void or reverse any or all Commissions at any time for any reason and without warning, including, but not limited to, for any actual or suspected breach of this Agreement. In the event of any suspicious activity within Your Account, we may withhold Commission payments until we are able to verify the transaction.
6.8 In order to receive Payment Affiliates must provide the details of their chosen bank account.
6.9 Payments are in British Pounds Sterling and made by bank transfer to the Affiliate’s chosen bank account at the end of each calendar month.
7.0 Limited Warranty
7.1 You accept that the Crafty Quiz Affiliate Program has not been specifically designed for Your individual requirements and that it is Your responsibility to check whether they meet Your personal requirements.
7.2 You accept that Our Website and the Crafty Quiz Affiliate Program and all its components may not be completely free of bugs or errors and that the existence of errors shall not constitute a breach of this Licence.
7.3 To the maximum extent permitted by law, all products and services supplied by Crafty Quiz along with the Affiliate Program and all its components are provided “as is” without warranty or condition of any kind. We disclaim all warranties and conditions of any kind with regards to all products and services supplied by Crafty Quiz along with the Affiliate Program and all its components including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
8.0 Limited Liability
8.1 Nothing in this Agreement shall limit or exclude the liability of either party for death or personal injury resulting from negligence, fraud or fraudulent misrepresentation or any other liability to the extent that it may not be excluded or limited as a matter of English law.
8.2 Without prejudice to condition 9.1, We shall not be liable to You for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with Your participation in the Crafty Quiz Affiliate Program or Your Use of our Website. This includes but is not limited to:
- loss of income;
- loss of business profits or contracts;
- business interruption;
- loss of the use of money or anticipated savings;
- loss of information;
- loss of opportunity, goodwill or reputation;
- loss of, damage to or corruption of data;
- any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
8.3 We will not be liable to You for any failure or delay in fulfilling any of our obligations under the terms and conditions of this Agreement that is caused by events outside our reasonable control and We reserve the right to suspend the completion of any of our obligations if We are hindered or prevented from doing so due to such an event. Such events include but are not limited to:
- flood, fire, earthquake, storm, epidemic, extreme weather conditions or other natural disaster;
- strikes, lock-outs or other industrial action;
- civil disorder, rioting, invasion, terrorist attack or threat of terrorist attack;
- war (whether declared or not) or threat or preparation for war;
- failure of any infrastructure such as power supply, telecommunications network or transportation network whether public or private;
- acts, decrees, legislation, regulations, restrictions or advice of any government.
8.4 Without prejudice to conditions 9.1, 9.2 and 9.3 our total liability under or in connection with Your participation in the Crafty Quiz Affiliate Program or Your Use of our Website whether in contract, tort (including negligence) or otherwise will be limited to the total Commission amounts you have actually earned for the related Customer transactions in the twelve-month period preceding the event giving rise to a claim excluding all Commissions already received.
8.5 Subject to clauses 9.1, 9.2 and 9.3 Our liability for infringement of third-party intellectual property rights shall be limited to breaches of rights subsisting in the UK.
8.6 We will not be responsible or liable to You for any loss of content or material uploaded to or transmitted through Our Website or Software.
8.7 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of our Website or to Your downloading of any content from it, or on any website linked to it.
8.8 These Terms and Conditions set out the full extent of Our obligations and liabilities in respect of Your participation in the Crafty Quiz Affiliate Program. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on Us except as specifically stated in this Agreement. Any condition, warranty, representation or other term concerning Your participation in the Crafty Quiz Affiliate Program which might otherwise be implied into, or incorporated in this Licence Agreement, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
9.0 Complaints
9.1 Crafty Entertainment Ltd operates a complaint handling procedure which is used to try to resolve disputes when they first arise. If You have a complaint, please write to Us at: Crafty Entertainment Ltd, West Hill House Allerton Hill, Chapel Allerton, Leeds LS7 3QB or contact us.
10.0 Data Protection
10.1 By agreeing to the terms and conditions of this Agreement, You consent to Us collecting and processing Your ‘personal data’ (as defined in the Data Protection Act 1998) in accordance with Our Privacy Policy.
11.0 Transfer of Rights and Obligations
11.1 The terms and conditions of this Agreement are binding on You and Us and Our respective successors.
11.2 You may not transfer, assign, charge or otherwise dispose of the terms and conditions of this Agreement, or any of Your rights or obligations arising under them, without Our prior written consent.
11.3 We may transfer, assign, charge, sub-contract or otherwise dispose of the terms and conditions of this Agreement or any of these rights or obligations arising under it, at any time.
12.0 Waiver
12.1 If, at any time We fail to insist on compliance with any of Your obligations under the terms and conditions of this Agreement, or if We fail to exercise any of the rights or remedies to which We are entitled under the terms and conditions of this Agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.
12.2 A waiver by Us of any default shall not constitute a waiver of any subsequent default.
12.3 No waiver by Us of any of the terms and conditions of this Agreement shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing.
13.0 Termination
13.1 You are free to stop participating in the Crafty Quiz Affiliate Program at any time.
13.2 We reserve the right to terminate this Agreement for any reason and at Our sole discretion. Upon termination:
- all rights granted to You under this Agreement shall cease;
- You must cease all activities authorised by this Agreement.
14.0 Severability
14.1 If any of the terms of this Agreement are deemed by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15.0 Notices and Communications
15.1 All notices given by You to Us must be given by email to [email protected] or by post to: Crafty Entertainment Ltd, West Hill House Allerton Hill, Chapel Allerton, Leeds LS7 3QB.
15.2 We may give notice to You at either the e-mail or postal address You provide to Us when registering on Our Website or when placing an order on Our Website.
15.3 Notice will be deemed received and properly served immediately when posted on Our Website, 24 hours after an e-mail is sent, or three days (excluding Sunday) after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15.4 Where prescribed by applicable law, some of the information or communications We send to You should be in writing. When using Our Website, You accept that communication with Us will be mainly electronic. We will contact You by e-mail or provide You with information by posting it on Our Website. For contractual purposes, You agree to this electronic method of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any applicable legal requirement that such communications be in writing. This condition does not affect Your legal rights.
16.0 Law and Jurisdiction
16.1 The terms and conditions of this Agreement are governed by and interpreted according to English law. All disputes arising from, or related to, Your participation in the Crafty Quiz Affiliate Program are subject to the exclusive jurisdiction of the English courts. We also reserve the right to bring legal proceedings against You for breaching the terms of this Licence Agreement in Your country of residence or any other relevant country.
17.0 Entire agreement
17.1 This Agreement, together with Our Privacy Policy, Terms and Conditions and Software Download Licence Agreement shall constitute the entire agreement between You and Us in relation to Your use of Our Website, Software, Goods and Services and the Crafty Quiz Affiliate Program.