1. Introduction and Acceptance
Welcome to The London Weight Loss Clinic Limited ("TLWLC") Affiliate Programme. These Terms and Conditions ("Terms") govern your participation in the TLWLC affiliate programme and apply to all affiliate users (whether individuals or companies) who join via our public online portal.
By registering for the affiliate programme, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you are registering on behalf of a company or organisation, you represent that you have the authority to bind that entity to these Terms.
Participation in the affiliate programme is conditioned on your acceptance of these Terms, and if you do not agree with any part of these Terms, you must not register or participate as an affiliate. TLWLC may approve or reject affiliate applications at its sole discretion.
2. Non-Exclusivity and Relationship of Parties
Non-Exclusive Arrangement
This affiliate arrangement is non-exclusive. Both you and TLWLC are free to enter into similar affiliate or referral arrangements with third parties at any time. Nothing in these Terms restricts TLWLC from engaging other affiliates, nor does it guarantee you any particular territory or exclusivity.
Independent Contractor Status
Your relationship with TLWLC under this programme is that of an independent contractor. Nothing in these Terms creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between you and TLWLC.
You have no authority to act on behalf of TLWLC or to bind TLWLC in any way, and you must not present yourself as an agent or employee of TLWLC. You are responsible for your own business expenses and conduct, and you will operate your affiliate activities at your own risk and on your own behalf.
3. Commission Structure and Payment
Qualifying Referrals
You will earn commissions by referring new clients to TLWLC. A referral is "qualified" and commissionable only if:
- The referred customer is not an existing or prior client of TLWLC
- The customer makes a valid purchase through proper referral tracking mechanisms
- TLWLC receives full payment for the sale
- The customer does not cancel or obtain a refund within the initial cancellation period
Commission Calculations
Commission amounts are calculated based on the net revenue of the referred sale actually received by TLWLC. "Net" revenue means the price of the service excluding VAT, taxes, shipping, handling, discounts, or other fees.
The affiliate programme uses a tiered commission model with performance bonuses that reward higher volumes with increased commission rates. Specific commission tiers, volume thresholds, and bonus criteria are published in your affiliate dashboard and may be updated by TLWLC from time to time.
Payment Cycle and Method
Commissions are calculated on a monthly cycle. TLWLC will typically validate and approve commissions after the end of each month and pay out undisputed commissions by the 30th day of the following month.
All commission payments will be made in GBP (£) by electronic bank transfer to the bank account you provide. It is your responsibility to ensure TLWLC has correct and up-to-date payment details.
Minimum Payout Threshold
No commission payment will be made until your accrued unpaid commissions total at least £50. If your commission balance is below this minimum, the amount will be carried forward to subsequent months until the threshold is reached.
Taxes
You are responsible for any and all taxes, duties, or charges applicable to the commissions paid to you. You agree that it is your sole responsibility to report and pay any taxes due to the appropriate tax authorities.
4. Commission Disputes and Adjustments
Commission Statements
TLWLC will provide you with a report or statement of your earned commissions for each payout cycle via the affiliate dashboard or email. It is your responsibility to review each commission statement promptly.
Dispute Window
If you believe that a commission has been calculated incorrectly, you must notify TLWLC in writing within 14 days from the date of the statement. If you do not dispute a commission calculation within this window, the statement will be deemed accepted as final.
Clawbacks and Chargebacks
TLWLC reserves the right to adjust or revoke commissions if a referred customer's transaction is refunded, cancelled, or subject to a chargeback after commission has been credited. The corresponding commission will be deducted from your future commission payments.
Fraud and Abuse Adjustments
TLWLC reserves the right to withhold or recover commissions if it suspects fraud, misrepresentation, or misuse of the programme. Engaging in fraudulent activity is a material breach and may result in immediate termination.
5. Reporting and Audit Rights
TLWLC will provide you access to an online affiliate dashboard where you can track your referrals and performance. You are required to maintain complete and accurate records of your activities under this programme for at least three (3) years.
TLWLC has the right to audit your compliance with these Terms upon reasonable notice. You must cooperate fully and provide access to relevant records.
6. Data Protection and Client Data
Client Data Ownership
All information relating to TLWLC's clients or prospective clients is the sole and exclusive property of TLWLC. You have no rights or ownership in any Client Data.
Compliance with Data Protection Laws
Both you and TLWLC are required to comply with all applicable data protection and privacy laws in the UK, including the UK Data Protection Act 2018 and UK GDPR.
Special Categories of Data
Any health-related data of clients is considered sensitive personal data under UK GDPR and is subject to strict protection. You must exercise a high degree of confidentiality when handling any such data.
7. Confidentiality
"Confidential Information" means any information disclosed by one party to the other that is either identified as confidential or which should reasonably be understood to be confidential. This includes business plans, marketing strategies, pricing, commission structures, client lists, and any non-public information.
You must keep strictly confidential all Confidential Information obtained in connection with this programme and not use it for any purpose other than to perform your obligations under these Terms.
These confidentiality obligations survive for at least five (5) years post-termination.
8. Term and Termination
Termination for Convenience
Either party may terminate this Agreement at any time by giving at least 30 days' prior written notice to the other party.
Termination for Cause
Either party may terminate the Agreement immediately if the other party is in material breach and fails to cure it within ten (10) business days after receiving written notice.
Effect of Termination
Upon termination, you must immediately cease all promotion of TLWLC services and remove any TLWLC affiliate links, banners, and trademarks.
TLWLC will pay any outstanding undisputed commissions earned up to the termination date, subject to the minimum threshold and pending adjustments.
9. Limitation of Liability
To the maximum extent permitted under applicable law, TLWLC shall not be liable for any indirect, incidental, consequential, special, or exemplary losses or damages.
TLWLC's total cumulative liability shall not exceed the total commission fees paid to you up to the time the liability arose.
Nothing in these Terms limits TLWLC's liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.
10. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of England and Wales.
Both parties agree that the courts of England shall have exclusive jurisdiction over any disputes arising under or in connection with these Terms.
Miscellaneous
Entire Agreement
These Terms constitute the entire agreement between you and TLWLC regarding the affiliate programme and supersede any prior agreements.
Amendments
TLWLC may update or modify these Terms from time to time. Changes will be communicated via the affiliate dashboard or email.
No Assignment
You may not assign or transfer any of your rights or obligations under these Terms without TLWLC's prior written consent.
Notices
Communications under these Terms should be sent to TLWLC at the contact information provided in the affiliate portal, and to you at the email or physical address you provided at registration.
By completing your registration and participating in the TLWLC Affiliate Programme, you confirm that you agree to all the above Terms and Conditions and acknowledge that this is a legally binding agreement enforceable under English law.
If you have any questions or require clarification on these Terms, please contact TLWLC's affiliate support before proceeding.
