SwimClub Manager is © BPS Designs Ltd.
 
The following rules govern the SwimClub Manager affiliate system. They describe the code of conduct, penalties and how we intend to pay commissions.
In this document, the term “affiliate” refers to your club account. Each paying club using the system is automatically added to the affiliate system.
 
The term “referral” refers to a club that has signed up to SCM after clicking on the affiliate’s affiliate link.
 
The term “commission” refers to a 10% discount on the affiliate’s SCM subscription for each active, paid referral, up to a maximum of 10.
 
The two rules below must always be taken into account. Following this section, whenever we talk about paying or approving referrals we presume that the affiliate is in good standing and the referral in question is active – unless otherwise stated. 
 
Good standing
This is a rule above all else: commissions will only be paid to affiliates in good standing. It is BPS Designs Ltd’s sole discretion to determine an affiliate’s standing. 
 
Active referrals
Commissions are only approved for active referrals. A referral is considered active if the customer is not delinquent and the referral contains an active plan. If a referral does not provide income for two subsequent months, or they cancel their subscription, they are deactivated.
 
Code of conduct
We hold our services to the highest level of professionalism. This includes the affiliate system and our affiliates as well. The following behaviour is prohibited and will lead to immediate account suspension and/or termination.
  • Use of unapproved materials: You may only use materials approved by BPS Designs for promotional purposes. This especially (but not limited to) includes logos.
  • Misrepresentation of services: You may not misrepresent the spirit of SwimClub Manager. This includes (but is not limited to) misleading customers, providing non-existent discounts, falsely stating plans or other information.
  • Usage of coupon sites: You may not add your affiliate links to coupon sites under any circumstances.
  • Violation of advertising regulations: We have strict regulations in place about what we deem inappropriate advertising. Please refer to the Inappropriate Advertising section below.


Inappropriate Advertising
The ways of advertising that BPS Designs finds inappropriate include, but are not limited to:

  • Using any illegal or spam method of advertising like unsolicited email, unauthorised placing of the link in forums, comments, newsgroups, message boards, social media sites etc. BPS Designs will not tolerate any form of spam or unsolicited email.
  • Bidding (in regards to online advertising) on keywords and phrases containing trademarks, service marks, registered trademarks, registered URLs (or any variations, abbreviations, or misspellings of same on Pay per Click or Pay per Impression campaign) of BPS Designs. The Affiliate is not allowed to use BPS Designs’ trademarked name in a URL or in online advertising.
  • Using traffic generated by pay to read, pay to click, banner exchanges, click exchanges, PPC advertising, pop-up/under, or similar methods.
  • Providing cash backs, rewards or any other kind of incentives to obtain the sale without prior approval of BPS Designs.
  • Using BPS Designs advertising materials, trademark or name in a way that is deteriorating for BPS Designs’ image.
  • Using iframes or any other techniques or technology that places your Affiliate tracking cookie by any means other than an actual click-through.
  • Using link cloaking, or masking techniques or technology, with the goal to promote SwimClub Manager on websites and/or networks not explicitly mentioned in the affiliate profile and to hide that traffic source.
  • The Affiliate’s domain name(s) must NOT contain keywords and phrases containing the BPS Designs’ trademark or any other variations or misspellings confusingly similar to BPS Designs’ trademark, name or domain name.


Tracking Cookies
Potential referrals are tracked via cookies which are set to a 60 day expiration. We do not offer multi-level commissions. If a cookie is set to an affiliate it will remain set to that affiliate until the cookie’s lifespan. 

 
Referrals can only be added to affiliates based on our cookies. Should a user delete their cookies, sign up from a different browser, have JavaScript disabled or circumvent our tracking system in any other way, we can not consider that customer as a referral. 
 
Approved and paid commissions
An approved commission is generated when an affiliate’s referral is invoiced for their SCM subscription. Approved commissions are assigned to your next SCM invoice at a rate of 10% off for each active referral, up to a maximum of 10 active referrals.
 
Paid commissions are commissions which have been approved and assigned to an SCM invoice that the affiliate has paid.
 
If a commission is approved and subsequently the referral becomes inactive, the commission will not be applied to your next invoice. The only events which would prevent an approved commission from being paid are:
  • Fraud committed by the referred customer
  • The affiliate loosing good standing in BPS Designs’ reasonable opinion


Recurring commissions
Recurring commissions are approved each subsequent billing period when all the following are true at once:

  • The affiliate is in good standing
  • The referral’s status is active (not past due, cancelled or any other status)


Fraud policy
We do our utmost to prevent fraud using our own methods and Stripe/GoCardless. However, in some cases credit card fraud is detected.

 
The rules we apply when this happens are the same as above: affiliate payments always follow income. Thus, if fraud is detected and we are obligated to return money to the victim of the fraud we will also retroactively recalculate affiliate commissions.
 
In cases of fraud affiliates do not have to return paid affiliate commissions, but we will deduct them from their total approved referrals.
 
Termination
We reserve the right to withdraw the SwimClub Manager affiliate system at any time on giving 30 days notice to all affiliates; at the expiry of such period the affiliate system shall cease to apply for all new subscriptions started thereafter; all active subscriptions existing at the time of such expiry shall continue to attract commission in accordance with these rules, but no new referrals introduced after such period has expired shall attract commissions for the affiliate. 
 
Limited Liability
In no event shall BPS Designs be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever. BPS Designs is not responsible for any damages that may be suffered by the Affiliate, including loss of data resulting from coding issues, non-deliveries or service interruptions by any cause or errors or omissions of the Affiliate. 
 
Revisions
BPS Designs may make changes to the materials contained on its website at any time without notice. BPS Designs Ltd does not, however, make any commitment to update the materials. 
 
Notices
All communications under these rules must be in writing and sent by e-mail to a current e-mail contact address of the party to be served. Such notices shall be deemed duly served and received on the day of transmission if sent on a weekday between 9am and 5pm, provided no “not delivered” or similar response is received, otherwise notices sent by e-mail outside these days/times shall be deemed served on the next succeeding weekday. 
 
Confidentiality
You must keep all information about BPS Designs and its business and operations that you come into contact with here-under completely confidential and maintain the security of such information at least to the level that you maintain for your own confidential information.
 
All your employees and agents that are required to have access to such information must be informed of its confidential nature and required to maintain such confidentiality. Such information may only be disclosed to professional advisers under a duty of confidentiality, regulatory authorities requiring access, or as otherwise required by law; where possible, you shall inform BPS Designs if such disclosure is required by law to be disclosed in advance of such disclosure or if not permitted, as soon as possible thereafter. 
 
Governing law
These rules shall be governed by and construed in accordance with the laws of England and Wales and both parties hereby submit to the non-exclusive jurisdiction of these courts. 
 
Last updated 22nd May 2019