Community Program Affiliate Terms and Conditions

Your participation in the Affiliate Program is conditioned on your acceptance of these Terms of Service and all terms, conditions, and notices contained herein. Please read the Terms of Service carefully. If you do not want to agree to these Terms of Service, you must not participate in the Affiliate Program.

Please note Motoport Ltd is Gerbing UK Ltd when referred to in these terms.

1. Eligibility for the Affiliate Program

To participate in the Affiliate Program, you must submit an application through Motoport Ltd Affiliate Signup, available at https://gerbing.co.uk/community/. Motoport Ltd reserves the right, in its sole discretion, to accept or reject any application for membership in the Affiliate Program for any reason. Affiliates must be at least 18 years old in order to participate in the Affiliate Program.

2. Referrals

You will receive a commission for Qualified Referrals to Motoport Ltd. The percentage of the commission may change at any time and without notice.

“Qualified Referrals” mean customers referred by you to Motoport Ltd who: (1) click on your unique tracking link; (2) within ninety (30) days of clicking on your unique tracking link, successfully purchase.

Affiliates who share the same personal/company details, including but not limited to, last name, email address, IP address, website details, or commission payment details, as their referred customer will be deemed to have made a “Self-Referral.” Referral commission and any earnings associated with this type of “Self-Referral” will not be paid. Motoport Ltd, in its sole discretion, will determine the classification of any referral as a “Self-Referral.”

Referrals made to current Motoport Ltd customers will be considered “Current Customer Referrals” and referral commission and any earnings associated with Current Customer Referrals will begin accruing after the referral was made. You will not receive a referral commission for a Current Customer Referral for any payments the customer made to Motoport Ltd before the referral. Motoport Ltd, in its sole discretion, will determine the classification of any referral as a “Current Customer Referral.”

3. Commissions

Commissions earned on referrals become payable 30 days after the referred customer becomes a Qualified Referral. Your total commission amount must equal or exceed fifty GBP50 Great British Pounds before receiving a payment from Motoport Ltd. If your total commissions for a given month are less than GBP50, payment will be held until the total commissions equal or exceed GBP50.

If at any time a Qualified Referral files a credit card dispute, any earned Affiliate commission on the disputed charge shall become frozen in your account until the dispute is settled. You will not receive any interest on commissions that have been frozen. If the dispute is settled in Motoport Ltd favor, any associated earned Affiliate commission will become payable to you. If the dispute is settled in the Qualified Referral’s favor, any associated earned Affiliate commission shall not be paid to you. If commissions have already been paid out to you, the amount of earned commissions on the disputed charges shall be debited to your account.

Commission payments will be paid in GBP and may be made via electronic payment (such as Paypal). You are responsible for paying all applicable fees associated with accepting payments, including but not limited to, currency conversion fees, transaction fees, withdrawal fees, deposit fees, etc.

Commission payment will be made only after the proper invoice is issued.

Motoport Ltd reserves the right to request documentation in order to approve your account. These requests may be made during the Affiliate Program application process or at any time while you have an active account in the Affiliate Program. If requests for documentation are not responded to in a timely manner, Motoport Ltd reserves the right to terminate, deactivate, or not approve your account.

4. Marketing

You shall bear your own costs and expenses related to marketing and promoting Motoport Ltd and/or the Affiliate Program. Motoport Ltd is not obligated to reimburse or credit you for any marketing expenses. If Motoport Ltd does reimburse you for any marketing expenses, such reimbursement shall not create a duty or obligation to reimburse any future marketing expenses.

You may not engage in any of the following marketing activities and represent and warrant that your marketing practices do not violate any of these restrictions:

1. Affiliates shall not make any false, misleading, or disparaging statements with respect to the Affiliate Program, Motoport Ltd, its employees, its customers, its Services, or its Affiliates.

2. Affiliates shall not create websites or advertisements that copy, imitate, or resemble the look and feel of Motoport Ltd Services. Affiliates shall not copy Motoport Ltd website or any portions thereof, including, without limitation, any of Motoport Ltd trademarks or other intellectual property, and display them on their own site or subdomain or use them in any way without Motoport Ltd prior express written consent.

3. Affiliates shall not offer cashback, coupons, rewards, or other incentives as part of their marketing efforts for the Affiliate Program.

4. Affiliates shall not use traffic that is generated by, including, but not limited to, pay to click, pay to read, banner exchanges, click exchanges, cost-per-view advertising, pop-up/under, spam, purchased traffic, or similar methods without prior written consent from Motoport Ltd.

5. Affiliates shall not use cookie stuffing techniques that set the tracking cookie without the potential customer actually clicking on the Affiliate’s referral link.

6. Affiliates are responsible for ensuring their tracking codes are working properly before sending traffic to Motoport Ltd servers. Any modification to the links is the sole responsibility of the Affiliate. Referral fees may be withheld, as determined in Motoport Ltd sole discretion, for tracking errors caused by editing, masking, redirecting, or tampering with affiliate links.

7. Affiliates shall not bid on or use Motoport Ltd trademarks or misspelled keywords for the purpose of pay-per-click on internet search engines without prior written consent from Motoport Ltd.

8. Affiliates shall not use Motoport Ltd trademarks or misspelled keywords in their domain names.

9. Affiliates shall not use redirected pages and links to send a potential customer to Motoport Ltd website.

10. Affiliates shall not engage in domain forwarding (i.e. purchasing a domain and setting it to forward directly to Motoport Ltd website using an affiliate link).

11. Affiliates shall not engage in the advertisement of business-opportunity websites or use marketing practices that attract fraudulent or short-term customers.

12. Affiliates shall not engage in any marketing activity that may harm the reputation or credibility of Motoport Ltd, including using low-quality marketing materials, or advertising on any website that promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or any illegal activities, or violates the intellectual property or other rights of a third party.

13. Affiliates shall not send any email in violation of the General Data Protection Regulation (GDPR).

14. Affiliates must include a physical mailing address and unsubscribe information for any marketing email sent promoting Motoport Ltd Services.

15. Affiliates shall make clear that they, not Motoport Ltd, are the sender of all marketing communications related to the promotion of Motoport Ltd Services.

16. Affiliates shall not engage in any marketing or promotional activities that violate applicable laws, rules, or regulations.

17. Affiliates shall not market using facsimile, broadcast, telemarketing, text message marketing, or other offline marketing methods regarding Motoport Ltd or Motoport Ltd Services without the express written consent of Motoport Ltd.

18. Affiliates shall not use malware or spyware to market or promote Motoport Ltd Services.

5. Termination

Motoport Ltd may, in its sole discretion, terminate your participation in the Affiliate Program at any time, with or without cause, and without warning or notice. Without limiting the foregoing, Motoport Ltd reserves the right to terminate your account if it has been inactive for 12 consecutive months. Motoport Ltd reserves the right to terminate your participation in the Affiliate Program and not pay the accrued balance if you have been deemed to breach Motoport Ltd Terms of Use or these Terms of Service or engage in any conduct that Motoport Ltd deems to be illegal, improper, unfair, or otherwise adverse or detrimental to Motoport Ltd.

In Motoport Ltd sole discretion, affiliate accounts generating a large number of fraudulent accounts or that are associated with any false or misleading advertising or suspected fraudulent activity will be deactivated.

You may terminate your participation in the Affiliate Program at any time. You may discontinue your participation in the Affiliate Program by removing your affiliate links from your website and no longer promoting them. For accounting purposes, Motoport Ltd systems will retain Your account and personal information. By terminating your participation in the Affiliate Program, you waive your right to be paid any unpaid commissions below the minimum threshold and you assign (by way of future assignment) all of your rights and ownership of any commissions which we are holding to your account. You will not receive any commissions which are earned after the date of termination.

Upon termination, all rights granted to you shall immediately terminated.

6. Relationship between you and Motoport Ltd

Neither these Terms of Service nor your participation in the Affiliate Program creates any employment, independent contractor, agency, partnership, or joint venture relationship between you and Motoport Ltd.

7. Non-Disparagement

During the term of these Terms of Service and for one (1) year after it has expired or been terminated, You agree that You will not disparage Motoport Ltd, its officers, directors, or employees or otherwise take any action that could reasonably be expected to adversely affect Motoport Ltd reputation. Under these Terms of Service, “disparage” includes, but is not limited to, any negative statement, whether written or oral, about Motoport Ltd, its officers, directors, or employees. You agree and acknowledge that this provision is a material term of the Terms of Service, the absence of which would have resulted in Motoport Ltd refusing to enter into this agreement.

8. Assumption of Risk

You are solely responsible for ensuring that your participation in the Affiliate Program complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits, or grievances filed against you, including, but not limited to, all damages related to participation in the Affiliate Program.

9. Remedies for Violations

Motoport Ltd reserves the right to seek all remedies available at law and in equity for violations of these Terms of Service.

10. Governing Law and Jurisdiction; Disputes and Arbitration

These Terms of Service are governed by and construed in accordance with the internal law of the United Kingdom without regard to its principles of conflicts of laws.

11. Changes to the Terms of Service

Motoport Ltd may review and update these Terms of Service at any time in our sole discretion and it is your responsibility to keep abreast of those changes. All changes are effective immediately when posted. Your continued participation in the Affiliate Program following the posting of revised Terms of Service means that you accept and agree to the changes which are binding on you, so please check this webpage periodically for updates.

12. Contact Us

If you have questions or concerns regarding these Terms of Service or the Affiliate Program, you may contact us at: sales@gerbing.co.uk