Introduction
These Affiliate Terms and Conditions ("Agreement") constitute a legally binding agreement between Phishermans Ltd. ("Company," "we," "us," or "our"), a company registered in the United Kingdom, and you, the Affiliate ("Affiliate," "you," or "your"). This Agreement outlines the terms and conditions of your participation in the Phishermans Ltd. Affiliate Program (the "Program"). Please read the entire Agreement carefully before registering and promoting Phishermans Ltd. as an Affiliate. By applying to join the Program or by promoting our services, you acknowledge that you have read, understood, and agree to be bound by this Agreement in its entirety. Your participation in the Program is solely to legally advertise our website to receive a commission on memberships and products purchased by individuals referred to Phishermans Ltd. via your website or personal referrals.
1. Definitions
1.1. "Affiliate" means an independent third party who participates in the Program by promoting the Company's services following this Agreement.
1.2. "Affiliate Commission" means the compensation paid to the Affiliate per the Commission Structure, as defined in Schedule 1 of this Agreement.
1.3. "Affiliate Link" means the unique tracking link or code provided to Affiliate for placement on Affiliate's website, social media accounts, or other promotional channels.
1.4. "Client" means an individual or entity that purchases the Company's services through the Affiliate's promotional activities.
1.5. "Effective Date" means the date on which the Company approves the Affiliate's application to join the Program.
1.6. "Intellectual Property Rights" means all patents, rights to inventions, copyright and related rights, trademarks, service marks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world.
1.7. "Managed Services" means the IT and technology services provided by the Company to its clients, as described on the Company's website.
1.8. "Term" means the period beginning on the Effective Date and continuing until termination under Section 11 of this Agreement.
1.9. "Affiliated Trading Names" means any business names, brands, subsidiaries, or other trading entities owned by or affiliated with Phishermans Ltd. through which the Company provides services or sells products.
1.10. "Tier" means the affiliate level (Tier 1, Tier 2, or Tier 3) as defined in Schedule 1, which determines commission rates, tracking periods, and payment thresholds.
2. Enrollment in the Affiliate Program
2.1. Eligibility. To be eligible to participate in the Program, you must: a) Be at least 18 years of age or the age of legal majority in your jurisdiction; b) Complete the application process and provide accurate information; c) Have an active website, social media account, or other online presence; d) Have the legal capacity to enter into binding contracts; e) Comply with all applicable laws and regulations in the territories in which you operate; be of good conduct and social standing, not promote any form of divisive or extremist and f) Be accepted into the Program by Company, which maintains sole discretion in approving or rejecting applications.
2.2. Application Process. Your application to join the Program does not guarantee acceptance. We reserve the right to approve or reject ANY Affiliate Program Application at our sole and absolute discretion, without providing any explanation. You will have no legal recourse against us for the rejection, suspension, or termination of your Affiliate Program Application.
2.3. Account Information. You must ensure that all information provided during the application process and throughout your participation in the Program is accurate, complete, and up to date. You are responsible for maintaining the confidentiality of your Program account credentials.
3. Affiliate Obligations
3.1. Promotion of Services. Affiliate agrees to use commercially reasonable efforts to promote and market Company's Managed Services through Affiliate's channels, which may include websites, blogs, social media accounts, email newsletters, or other marketing channels. You may use graphic and text links both on your website and within your email messages. You may also advertise the site in online and offline classified ads, magazines, and newspapers. You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in the Termination section.
3.2. Compliance with Laws. Affiliate shall: a) Comply with all applicable laws, regulations, and codes of practice in the United Kingdom and any other territory in which Affiliate promotes Company's services; b) Obtain and maintain all necessary licenses, permissions, and consents required to perform Affiliate's obligations under this Agreement; c) Comply with all applicable data protection and privacy laws, including but not limited to the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018; d) Comply with all applicable advertising and marketing laws, including but not limited to the Consumer Protection from Unfair Trading Regulations 2008, the Electronic Commerce (EC Directive) Regulations 2002, and the CAP Code (UK Code of Non-broadcast Advertising and Direct & Promotional Marketing).
3.3. Prohibited Activities. Affiliate shall not: a) Engage in any deceptive, misleading, illegal, or unethical practices that might be detrimental to Company's reputation or public image; b) Promote Company's services on any website or through any channel that contains or promotes illegal, offensive, or inappropriate content, including but not limited to content that is defamatory, obscene, pornographic, violent, discriminatory, or infringes on third-party rights; c) Use any spam or unauthorized advertising methods to promote Company's services or advertising on sites containing or promoting illegal activities.; d) Make any false or misleading claims about Company's services; e) Offer incentives to potential clients (such as rebates, cashback, or other rewards) without Company's prior written consent; f) Bid on or purchase keywords, search terms, or other identifiers that include Company's trademarks or variations thereof, or otherwise attempt to divert traffic from Company's official channels; g) Register, purchase, or use any domain names that include Company's trademarks or variations thereof; h) Represent or imply that you are an agent, employee, or official representative of Company; (i) Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing regional, national or international Trade Commission guidelines and regulations, or any applicable state laws; (j) Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products that do not constitute a principle violation of the terms and conditions of this agreement, however, is acceptable; (k) Self-referrals, fraudulent transactions, suspected Affiliate fraud; (l) PPC bidding is NOT allowed without prior written permission.
4. Company Obligations
4.1. Affiliate Links. Company shall provide Affiliate with unique Affiliate Links to be used for promoting Company's services.
4.2. Marketing Materials. The company may, at its discretion, provide the Affiliate with marketing materials, such as banners, text links, product information, and other promotional content.
4.3. Commission Payment. Company shall pay Affiliate the Affiliate Commission following the tiered structure outlined in Schedule 1 of this Agreement. You cannot refer yourself, and you will not receive a commission on your accounts. Payments will only be sent for transactions that have been completed successfully. Transactions that result in chargebacks or refunds will not be paid out.
4.4. Tracking System. The company shall maintain a tracking system to accurately record Client acquisitions and sales generated through the Affiliate's promotional activities, including tracking across multiple affiliated brands and multi-level referrals.
4.5. Support. The company shall provide reasonable technical and operational support to the Affiliate regarding the implementation and operation of the Program.
5. Commission Structure and Payment
5.1. Tiered Commission Structure. Affiliate Commission shall be calculated based on the tiered structure specified in Schedule 1 of this Agreement, with rates ranging from 1% to 30% depending on the Affiliate's tier level and the product/service category.
5.2. Multi-level Commission Structure. Company shall pay commission on sales generated by affiliates recruited by Affiliate, up to three tiers deep, as detailed in Schedule 1.
5.3. Qualifying Transactions. A transaction will qualify for Affiliate Commission only if: a) The Client clicks on Affiliate's Link and completes a purchase during the same session or within the applicable tracking period as specified in Schedule 1; b) The transaction is not subsequently canceled, refunded, or determined to be fraudulent; c) The Client has not previously purchased Company's services; d) The transaction complies with all terms of this Agreement.
5.4. Affiliated Trading Names. For clarity, Qualifying Transactions include purchases made from any of Phishermans Ltd.'s Affiliated Trading Names. Affiliate shall be entitled to Affiliate Commission for any qualifying purchase made by a Client through any of Company's Affiliated Trading Names, provided that such purchase meets all other criteria for a Qualifying Transaction as outlined in this Agreement.
5.5. Payment Schedule. The company shall pay the Affiliate Commission monthly, within 30 business days after the end of each calendar month, provided that the accrued Affiliate Commission exceeds the minimum payment threshold specified in Schedule 1 for the Affiliate's current tier.
5.6. Payment Method. Affiliate Commission shall be paid via the payment method selected by the Affiliate and approved by the Company from the available options in the Affiliate dashboard. The affiliate is responsible for providing accurate payment information.
5.7. Taxes. Affiliate is solely responsible for paying all taxes, duties, and other governmental charges applicable to the Affiliate Commission. The company may withhold any taxes required by law from the Affiliate Commission.
5.8. Commission Disputes. Affiliate must notify Company in writing of any dispute regarding Affiliate Commission within 30 days from the date of the disputed payment or non-payment. Failure to notify the Company within this period constitutes a waiver of any claims related to such dispute.
6. Tracking and Reporting
6.1. Tracking Technology. The company will track Client acquisitions and Qualifying Transactions through cookies, Affiliate Links, or other tracking technologies. Affiliate acknowledges that these technologies may be subject to technical limitations and occasional malfunctions. We occasionally offer coupons to select affiliates and to our newsletter subscribers. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon. Following are the terms that apply for any affiliate who is considering the promotion of our products with a deal or coupon: (a) Affiliates may not use misleading text on affiliate links, buttons, or images to imply anything besides currently authorized deals to the specific affiliate; (b) Affiliates may not bid on our Coupons, Discounts or other phrases implying coupons are available; (c) Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site; (d) The User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed); (e) Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.
6.2. Reporting. Company shall provide Affiliate with access to reports that detail the tracking of Client acquisitions and Qualifying Transactions attributable to Affiliate's promotional activities, including multi-level affiliate activities.
6.3. Affiliate Dashboard. Affiliate shall have access to an online dashboard that displays information regarding Affiliate's performance, including but not limited to clicks, leads, sales, and Affiliate Commission, as well as current tier status and progress toward tier advancement.
6.4. Cross-Brand Tracking. The company shall ensure that its tracking system properly attributes all sales across all Affiliated Trading Names to the appropriate Affiliate when a Client uses the Affiliate's Link.
6.5. Manipulation. Any attempt to manipulate, falsify, or inflate Client acquisitions, clicks, or any other data to generate additional Affiliate Commission is strictly prohibited and constitutes a material breach of this Agreement.
7. Intellectual Property Rights
7.1. License Grant. Company grants Affiliate a limited, non-exclusive, non-transferable, revocable license to use Company's trademarks, trade names, service marks, and marketing materials (collectively, "Company IP") solely to promote Company's services under this Agreement. We reserve the right to require license agreements from those who employ trademarks of Phishermans Ltd. to protect our intellectual property rights. This license shall immediately terminate upon the termination of this Agreement.
7.2. Affiliated Trading Names. The license granted in Section 7.1 extends to the trademarks, trade names, service marks, and marketing materials of all Affiliated Trading Names of Phishermans Ltd., subject to the same terms and restrictions.
7.3. Restrictions. Affiliate shall not: a) Modify, alter, or otherwise change Company IP without Company's prior written consent; b) Use Company IP in a manner that is misleading, disparaging, or deceptive; c) Use Company IP in a manner that infringes, dilutes, or otherwise violates Company's Intellectual Property Rights or the rights of any third party; d) Attempt to register any trademarks, trade names, service marks, or domain names that include or are confusingly similar to Company IP.
7.4. Ownership. All Intellectual Property Rights in and to Company IP are and shall remain the exclusive property of the Company. All goodwill generated from the use of Company IP shall inure exclusively to the benefit of the Company.
7.5. Affiliate Content. Affiliate grants Company a non-exclusive, worldwide, royalty-free license to use, reproduce, and display Affiliate's name, logo, trademarks, and other content provided by Affiliate to Company ("Affiliate Content") to market the Program. Affiliate represents and warrants that it has all necessary rights to grant this license.
8. Confidentiality
8.1. Confidential Information. During the Term of this Agreement, each party may disclose to the other certain proprietary or confidential information ("Confidential Information"). Confidential Information includes but is not limited to, business plans, marketing strategies, customer data, financial information, technical specifications, and any other information marked as confidential or that would reasonably be understood to be confidential.
8.2. Protection of Confidential Information. Each party agrees to: a) Use the Confidential Information solely to perform its obligations under this Agreement; b) Protect the Confidential Information using the same degree of care that it uses to protect its confidential information, but in no event less than reasonable care; c) Not disclose Confidential Information to any third party without the prior written consent of the disclosing party, except to its employees, agents, and advisors who need to know such information for this Agreement and who are bound by confidentiality obligations no less restrictive than those contained herein.
8.3. Exceptions. The obligations of confidentiality shall not apply to information that: a) Is or becomes publicly available through no fault of the receiving party; b) Was in the receiving party's possession before receipt from the disclosing party; c) Is rightfully received by the receiving party from a third party without a duty of confidentiality; d) Is independently developed by the receiving party without use of the disclosing party's Confidential Information; e) Is required to be disclosed by law, regulation, or court order, provided that the receiving party gives the disclosing party prompt written notice of such requirement and cooperates with the disclosing party in seeking a protective order or other appropriate protection.
8.4. Survival. The obligations of confidentiality shall survive the termination of this Agreement for 5 years.
9. Data Protection and Privacy
9.1. Data Protection Laws. Both parties shall comply with all applicable data protection and privacy laws, including but not limited to the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
9.2. Processing of Personal Data. To the extent that Affiliate processes any personal data in connection with this Agreement, Affiliate shall: a) Process such personal data only in accordance with Company's documented instructions; b) Implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk; c) Ensure that personnel authorized to process personal data have committed themselves to confidentiality; d) Not engage a sub-processor without Company's prior written authorization; e) Assist Company in responding to requests from data subjects exercising their rights under applicable data protection laws; f) Assist Company in ensuring compliance with its obligations regarding security of processing, data breach notification, data protection impact assessments, and prior consultation; g) At Company's choice, delete or return all personal data to Company after the end of the provision of services relating to processing; h) Make available to Company all information necessary to demonstrate compliance with the obligations laid down in this Section and allow for and contribute to audits, including inspections, conducted by Company or another auditor mandated by Company.
9.3. Privacy Policy. Affiliate shall maintain a privacy policy on its website that complies with all applicable laws and regulations and discloses Affiliate's participation in the Program.
9.4. Cookie Usage. Affiliate acknowledges that the Company may use cookies or other tracking technologies in connection with the Program. Affiliate shall obtain all necessary consents from users regarding the use of such technologies per applicable laws and regulations.
10. Representations and Warranties
10.1. Mutual Representations and Warranties. Each party represents and warrants to the other that: a) It has the full power and authority to enter into and perform this Agreement; b) Its entry into and performance of this Agreement does not violate any other agreement to which it is a party or any applicable law or regulation; c) It shall perform its obligations under this Agreement in compliance with all applicable laws and regulations.
10.2. Affiliate Representations and Warranties. Affiliate represents and warrants that: a) All information provided to Company in connection with the Program is accurate, complete, and not misleading; b) Affiliate Content does not infringe upon or violate any Intellectual Property Rights or other rights of any third party; c) Affiliate's website and promotional channels comply with all applicable laws and regulations and do not contain any material that is defamatory, obscene, illegal, or otherwise objectionable.
10.3. Disclaimer of Warranties. EXCEPT AS EXPRESSLY OUTLINED IN THIS AGREEMENT, EACH PARTY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11. Term and Termination
11.1. Term. This Agreement shall commence on the Effective Date and shall continue until terminated under this Section 11.
11.2. Termination without Cause. Either party may terminate this Agreement at any time without cause by providing 30 days written notice to the other party.
11.3. Termination for Cause. Either party may terminate this Agreement immediately upon written notice if the other party: a) Commits a material breach of this Agreement that is not capable of being remedied; b) Commits a material breach of this Agreement that is capable of being remedied but is not remedied within 14 days after receiving written notice of such breach; c) Becomes insolvent, enters into administration or receivership, is wound up, or otherwise ceases to conduct business.
11.4. Effects of Termination. Upon termination of this Agreement: a) Affiliate shall immediately cease using all Company IP and promotional materials; b) Affiliate shall remove all Affiliate Links from Affiliate's websites and promotional channels; c) All rights and licenses granted under this Agreement shall terminate; d) Company shall pay Affiliate any outstanding Affiliate Commission earned before the effective date of termination, subject to the terms of this Agreement; e) Affiliate shall not be entitled to Affiliate Commission for any Client acquisitions or sales that occur after the effective date of termination, regardless of whether such acquisitions or sales resulted from Affiliate's promotional activities before termination.
11.5. Survival. The following Sections shall survive the termination of this Agreement: 7 (Intellectual Property Rights), 8 (Confidentiality), 9 (Data Protection and Privacy), 12 (Limitation of Liability), 13 (Indemnification), and 14 (General Provisions).
12. Limitation of Liability
12.1. Exclusion of Certain Damages. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2. Limitation of Liability. Phishermans Ltd. will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s). We do not make any expressed or implied warranties for the Program and/or the memberships or products sold by Phishermans Ltd. We do not claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors. EXCEPT FOR LIABILITY ARISING FROM BREACHES OF SECTIONS 7 (INTELLECTUAL PROPERTY RIGHTS), 8 (CONFIDENTIALITY), OR 9 (DATA PROTECTION AND PRIVACY), OR FOR INDEMNIFICATION OBLIGATIONS UNDER SECTION 13, EACH PARTY'S TOTAL LIABILITY TO THE OTHER PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AFFILIATE COMMISSION PAID OR PAYABLE TO AFFILIATE DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY OR (B) £5,000.
12.3. Exceptions. Nothing in this Agreement shall limit or exclude either party's liability for: a) Death or personal injury caused by negligence; b) Fraud or fraudulent misrepresentation; c) Any other liability that cannot be limited or excluded under applicable law.
13. Indemnification
13.1. Affiliate Indemnification. Affiliate shall indemnify and hold harmless Phishermans Ltd. and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by Phishermans Ltd. to transmit and distribute materials, from and against any, and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any, and all claims sustained in connection with this Agreement due to (a) the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate; (b) Affiliate's breach of any representation, warranty, covenant, or obligation under this Agreement; (c) Affiliate's violation of any applicable law, regulation, or the rights of any third party; (d) Affiliate Content or any promotional materials created by Affiliate.
13.2. Company Indemnification. The Company shall indemnify, defend, and hold harmless Affiliate from and against any, and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: a) Company's breach of any representation, warranty, covenant, or obligation under this Agreement; b) Company's violation of any applicable law, regulation, or the rights of any third party; c) Claims that Company's services, when used following this Agreement, infringe the Intellectual Property Rights of a third party; d) Company's negligence or willful misconduct.
13.3. Indemnification Procedure. The indemnified party shall: (a) promptly notify the indemnifying party in writing of any claim subject to indemnification; (b) give the indemnifying party sole control over the defense and settlement of such claim (provided that the indemnifying party may not settle any claim unless it unconditionally releases the indemnified party of all liability); and (c) provide the indemnifying party with all reasonable assistance, at the indemnifying party's expense.
14. General Provisions
14.1. Independent Contractors. The relationship between the parties is that of independent contractors. Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, or employment relationship between the parties.
14.2. Assignment. Neither party may assign or transfer this Agreement, in whole or in part, without the prior written consent of the other party, except that either party may assign this Agreement in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any attempted assignment in violation of this Section shall be void.
14.3. Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed effective upon personal delivery, upon confirmation of receipt if sent by email, or three days after mailing by first class post to the addresses specified in the Affiliate application or to such other address as either party may specify in writing.
14.4. Force Majeure. Neither party shall be liable for any delay or failure to perform its obligations under this Agreement (except for payment obligations) due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, fire, flood, epidemic, power outages, or labor disputes.
14.5. Waiver. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of such provision or the right to enforce such provision.
14.6. Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
14.7. Entire Agreement. This Agreement, including any Schedules attached hereto, constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements or communications.
14.8. Modification. Company reserves the right to modify this Agreement at any time by posting the revised agreement on its website or by notifying Affiliate via email. Affiliate's continued participation in the Program after such notification constitutes Affiliate's acceptance of the modified Agreement.
14.9. Governing Law and Jurisdiction. This Agreement shall be governed by and construed under the laws of England and Wales. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
14.10. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute the same instrument.
14.11. Headings. The headings in this Agreement are for convenience only and shall not affect its interpretation.
14.12. Electronic Signature. The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Phishermans Ltd. affiliate program. The parties agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Phishermans Ltd. application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.
SCHEDULE 1: COMMISSION STRUCTURE
1. Commission Rates
1.1 Tiered Commission Structure
Phishermans Ltd. offers a tiered affiliate commission structure based on product/service category, sales volume, and affiliate performance:
| Tier | Commission Range | Qualification Criteria |
|---|---|---|
| Tier 1 (Standard) | 1% - 10% | All approved affiliates start at this tier |
| Tier 2 (Advanced) | 11% - 20% | Affiliates who achieve minimum monthly sales volume of £5,000 or 50 conversions |
| Tier 3 (Premium) | 21% - 30% | Affiliates who achieve a minimum monthly sales volume of £15,000 or 150 conversions |
1.2 Product/Service Category Variations
Commission rates vary based on product or service category:
| Product/Service Category | Base Commission Rate Range |
|---|---|
| Premium Managed Services | 20% - 30% |
| Standard Managed Services | 10% - 20% |
| Basic Services | 5% - 15% |
| Hardware & Physical Products | 1% - 10% |
1.3 Multi-level Commission Structure
Phishermans Ltd. offers a multi-level commission structure that rewards affiliates for recruiting other affiliates into the Program, up to 3 tiers deep:
| Level | Commission Percentage of Recruited Affiliate Sales |
|---|---|
| Level 1 (Direct recruits) | 5% of commissions earned by directly recruited affiliates |
| Level 2 (Secondary recruits) | 3% of commissions earned by secondary recruited affiliates |
| Level 3 (Tertiary recruits) | 1% of commissions earned by tertiary recruited affiliates |
1.4 Client Upgrades or Expansions
For existing clients who upgrade or expand their services:
- Tier 1 Affiliates: 5% of the incremental increase for 6 months following the upgrade/expansion
- Tier 2 Affiliates: 8% of the incremental increase for 6 months following the upgrade/expansion
- Tier 3 Affiliates: 12% of the incremental increase for 6 months following the upgrade/expansion
2. Tracking Periods
2.1 Standard Tracking Period
The default tracking period is 30 days from the initial click on the Affiliate's Link, during which any purchase made by the prospective client will be attributed to the Affiliate.
2.2 Extended Tracking Periods
Tracking periods vary based on product/service category and affiliate tier:
| Product/Service Category | Tier 1 | Tier 2 | Tier 3 |
|---|---|---|---|
| Premium Managed Services | 60 days | 90 days | 120 days |
| Standard Managed Services | 45 days | 60 days | 90 days |
| Basic Services | 30 days | 45 days | 60 days |
| Special Promotions | Up to 365 days (as specified in individual promotion terms) |
2.3 Extended Tracking for Recurring Revenue
For subscription-based services and recurring payment products, affiliates may be eligible for:
- Lifetime commissions on referred customers for Tier 3 affiliates
- 12-month tracking for Tier 2 affiliates
- 6-month tracking for Tier 1 affiliates
3. Payment Thresholds and Methods
3.1 Payment Thresholds
| Tier | Minimum Payment Threshold |
|---|---|
| Tier 1 | £100 |
| Tier 2 | £50 |
| Tier 3 | No minimum (paid for any amount) |
3.2 Payment Schedule
Commissions are calculated monthly and paid within 30 business days after the end of each calendar month, provided the affiliate has reached their applicable payment threshold.
3.3 Payment Methods
Phishermans Ltd. offers the following payment methods:
- Direct bank transfer
- PayPal
- Cryptocurrency (Bitcoin, Ethereum)
- Credit to account
4. Commission Exclusions
The following are excluded from commission calculations:
- Taxes, fees, and surcharges
- Chargebacks and refunds
- Fraudulent transactions
- Transactions from Clients referred by multiple Affiliates (in which case, the Commission will be paid to the first Affiliate to refer the Client, as determined by the Company's tracking system)
- Transactions from Clients that were previously the Company's Clients
- Transactions resulting from Prohibited Activities as defined in Section 3.3 of the main Agreement
5. Affiliated Trading Names Commission
For clarity, the Affiliate Commission will be paid for qualifying purchases made through any of Phishermans Ltd.'s Affiliated Trading Names at the same rates specified above.
6. Performance Criteria
Detailed performance criteria for tier advancement, special promotions, and extended tracking periods are provided separately to affiliates based on their specific business model pathway. These criteria may include but are not limited to:
- Sales volume
- Conversion rates
- Customer retention rates
- Marketing compliance
- Quality of traffic
- Affiliate Engagement
- Geographical focus
7. Special Promotions
The company may, from time to time, offer special promotional Commission rates or bonuses. The terms of such promotions will be communicated to the Affiliate separately and will supplement this Schedule during the applicable promotional period.
8. Commission Adjustments and Recoupment
- The company reserves the right to adjust the Affiliate Commission in cases of suspected fraud, technical issues with the tracking system, or other exceptional circumstances. The company will notify the Affiliate of any such adjustments and provide a reasonable explanation.
- If a Client cancels or requests a refund after the Affiliate Commission has been paid, the Company reserves the right to deduct the corresponding amount from future Affiliate Commission payments or to invoice the Affiliate for the amount to be recouped.
9. Commission Changes
The company may change the Commission Structure by providing the Affiliate with 30 days' prior written notice. Such changes will not affect the Affiliate Commission earned before the effective date of the change.
10. Concerns
If you have any queries regards the procedures and the terms and conditions you are to contact the legal team in writing within 30 days of the original event for which clarification is sought.