Affiliate Terms and Conditions
Lavalia Ltd reserves the right to amend and update these Terms and Conditions at any time giving notice of changed terms on the website via the Affiliate Area or in an email/newsletter.
“this Agreement” shall mean the contents of the contract between Lavalia and the Affiliate in respect of the Programme.
“Lavalia” shall mean Lavalia Limited (Company No. 07769190), whose registered office is 4 Brunswick Terrace, The Knoll, Beckenham, BR3 5LL.
“the Site” shall mean www.invisibra.co.uk
“the Programme” shall mean the affiliate Programme as set out on the Site and that is governed by this Agreement.
“the Link” shall mean the HTML link provided by Lavalia to link the Affiliate’s website to the Site.
“the Coupon” shall mean the discount code provided by Lavalia to the Affiliate to distribute to their customers.
“the Affiliate” shall mean the party who agrees to take part in the Programme.
“the Products” shall mean Lavalia Multiway Dresses, InvisiBra bras and knickers and accessories.
2.1) The Programme shall be the affiliate programme as set out on the Site from time to time.
2.2) Lavalia is entitled to vary, amend or cancel the Programme without giving notice to the Affiliate. Lavalia may make any such change by publishing any revised terms on the Site.
2.3) The Programme is expressly a business-to-business relationship and both Lavalia and the Affiliate enter into it in a business capacity and not as a consumer.
2.4) The Programme does not entitle the Affiliate to represent themselves as an agent, partner or any other form of associate of Lavalia other than as an Affiliate as expressly provided for in this Agreement.
3. Suitability for the Lavalia Affiliate Programme
3.1) Lavalia reserves the right to terminate this Agreement and the Affiliate’s status at any time for any reason whatsoever at its sole discretion.
3.2) In particular if Lavalia deems that the Affiliate’s website is inappropriate for the Programme then this Agreement shall be terminated. The Affiliate’s website may be deemed inappropriate if in the view of Lavalia it contains, promotes or contains links to sites that are for any reason deemed by Lavalia to be unsuitable.
3.3) Lavalia reserves the right to withdraw Affiliate status at anytime after you have been accepted onto the Programme for any reason that Lavalia deems relevant.
4. Commencement and Termination
4.1) This Agreement shall come into force upon your acceptance as an Affiliate and shall remain in effect until terminated.
4.2) The Affiliate is entitled to terminate this Agreement with immediate effect at any time. The Affiliate shall not be entitled to receive any Commission on any Referrals made after the termination date.
4.3) Lavalia is entitled to terminate this Agreement and/or suspend the Affiliate from the Affiliate Program at any time, giving reasonable notice where possible.
4.4) In the event of Affiliate fraud or suspected criminal activity Lavalia Ltd is entitled to terminate and/or suspend the Affiliate from their Program without any notice.
5. The Procedure
5.1) Subject to the terms of this Section, Lavalia will provide to you all samples, leaflets, imagery and text necessary to promote the Products.
5.2) To earn a commission, please direct your customers to make a purchase on the Site, either via the dedicated referral URL or by using the Coupon at checkout.
6. Payment of Commission
6.1) Once a customer has arrived at our website having followed the Link, their actions on our website will be tracked for 30 days using a cookie. You will earn commission on their orders that are placed during the 30 day period. Lavalia 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.
6.2) The customer may use the Coupon to redeem a discount on their purchase. Every time the coupon is used, you will earn a commission for the sale.
6.3) Affiliate will only earn commission fees only with respect to sales occurring directly though our Site.
6.4) Lavalia is under no obligation whatsoever to pay any commission to any Affiliate who does not strictly follow this Agreement as published from time to time.
6.5) Lavalia reserves the right to take legal action against any Affiliate that commits fraud, or conspiracy to defraud and to recover any commissions paid to an Affiliate which was earned as a result of such fraud. For the purposes of this agreement fraud shall include but not be limited to wittingly violating the terms of this Agreement.
6.6) Lavalia will only pay out commissions on sales that are 28 days old.
6.7) Orders that are fully refunded are not eligible for commission. If an order is partially refunded, then commission is only due on that part of the order that has not been refunded.
6.8) Lavalia Ltd will make payments to all affiliates under one of two payment models:-
a) Paypal payments
b) Bank transfers
Payments will be made twice a month, on the 15th of each month and the last day of the month.
7. Copyright and Intellectual property
7.1) Lavalia owns all copyrights, trademarks, intellectual property rights, know-how and any other rights connected with InvisiBra.
7.2) The Affiliate shall acquire no rights following the termination of this Agreement to use Intellectual Property Rights of Lavalia including domain names or any text, or images, banners or any other works created by or for Lavalia Ltd.
8. Lavalia’s Obligations
Lavalia agrees to undertake the following obligations:
8.1) provide all information necessary to allow the Affiliate to make necessary the Link from the Lavalia to the Affiliate’s site.
8.2) provide necessary samples and marketing material to allow the Affiliate to promote the Product.
8.3) process all orders for the Products placed by a referral.
8.4) track the number and amount of relevant sales generated through the Link and Coupon.
8.5) providing information to you regarding commission payments,
8.6) credit card authorisations, payment processing, cancellations, returns, and all other related customer service for Lavalia for the purpose of our business, and
9. Affiliate’s Obligations
The Affiliate agrees to be solely responsible for the following and shall keep Lavalia fully indemnified in respect of:
9.1) the content of the Affiliate’s site or any site that they may be connected to,
9.2) any misrepresentation of Lavalia or its products or services,
9.3) making of any false claims, representations or warranties in connection with Lavalia,
9.4) ensuring that your site and your products and services that you offer from your site comply with all applicable copyright, trademark, any intellectual property right, Data Protection, anti-spam or any other applicable law,
9.5) Affiliates also agree to indemnify and hold harmless Lavalia, and their 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 out of or are based on, or in any way connected with this Agreement.
Lavalia reserves the right to modify or otherwise change the terms of this Agreement at any time as it sees fit. Lavalia shall make such modifications by way of publishing revised terms on the Site. Affiliates only remedy in the event of revised terms of this Agreement being published shall be to terminate this Agreement. An Affiliate shall be deemed to have accepted of any modification to this Agreement as published from time to time.
11. Limitation of Liability
11.1) Lavalia shall not be liable to the Affiliate or to any other person, for indirect, incidental, or special damages, lost profits, loss of goodwill, lost savings, or any other form of consequential damages, regardless of the form of action, even if Lavalia has been advised of the possibility of such damages, whether resulting from breach of its obligations under this Agreement or otherwise.
11.2) Lavalia’s entire liability in respect of any liability arising under this agreement will not exceed the total commission fees paid or payable to the Affiliate under this Agreement.
11.3) Lavalia makes no warranties, either express or implied, concerning the performance or functionality of the 123 Reg services, or the Programme as a whole. This includes but is not limited to the Link or any other affiliate advertisements and hereby expressly disclaims all implied warranties, including warranties of merchantability or fitness for a particular use or purpose.
11.4) Lavalia shall under no circumstances be liable to the Affiliate or to any other person or entity for any loss, injury, 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 Programme or Lavalia.
12. Governing Law
12.1) This Agreement is governed by, and is construed in accordance with the laws of England and Wales.
12.2) The Courts of England and Wales shall have jurisdiction to hear any disputes arising from this Agreement.
By clicking “Register” the Affiliate acknowledges that they have read the terms and conditions of this Agreement, understand them and agree to be bound by them.