|Conversion action||Online purchase with processed valid payment|
|Cookie days||30 day(s)|
|Commission type||Percent of Sale|
For valuable consideration, receipt of which is hereby acknowledged, and acknowledging that Carat have expended and will expend substantial expenses and time in reliance upon the rights granted by me under these Terms & Conditions. By entering the CARAT* LONDON // GENTLE DIAMONDS AFFILIATE PROGRAM (the "Affiliate Programme"), the affiliate (the “Affiliate”) irrevocably consents and agrees to the terms of this Terms & Conditions Agreement (the "Agreement", "this Agreement") as follows:
1. The Affiliate hereby grant to Carat / Managebest Ltd trading as Carat (Carat”) and those acting with Carat’s permission and authority (“Authorized Parties”) unrestricted use and exploitation, including, without limitation, use in connection with Carat’s website, social medial, print media, publishing, re-publishing, advertising, solicitation, or use in trade, throughout the universe, without limit of time (and without regard to any change in conditions the Affiliate for all purposes, in any and all media currently in existence or hereinafter developed, of my name and image wearing or displaying any products, items, or accessories manufactured, produced by (or on behalf of) or sold by Carat (collectively my “Permitted Activities”) and any and all images and footage, blogs, social media postings, photographic, video or otherwise which Carat and/or an Authorized Party has taken of me or which the Affiliate may be included in or have provided directly or indirectly (collectively the “Images”) with respect to the Permitted Activities.
2. The Affiliate hereby waives any right to inspect or approve the finished Images, advertising copy, or printed matter that may be used in conjunction therewith or with the Permitted Activities, or to the eventual use that the Images or my Permitted Activities may be applied.
3. The Affiliate release Carat, and all other Authorized Parties and those acting under their authority or receiving permission from them, including without limitation Carat’s affiliates, employees, and assigns (all of which are Authorized Parties) from any liability relating to any blurring, distortion, or alteration, whether intentional or otherwise, that may occur or be produced in connection with the exploitation and use by Carat or an Authorized Party of the Images, or in connection with any processing, alteration, transmission, display or publication of the Images and/or my Permitted Activities and further releases Carat and all other Authorized Parties (and their respective officers, directors, employees, and sublicensees) from and against any claims (including, but not limited to, defamation, invasion of privacy, violation of any right of personality or moral rights) in any jurisdiction, arising from or relating to the exploitation of the rights granted herein.
4. The Affiliate hereby waives any moral rights, copyrights and rights of personality that may be applicable in any jurisdiction in relation to or arising under the rights granted herein or the exploitation thereof by Carat or an Authorized Party and/or through my participation (whether expressed or implied) in wearing or displaying any products, items, or accessories manufactured, produced by (or on behalf of) or sold by Carat.
5. The Affiliate warrants that the Affiliate is of the age of majority and has the legal right to execute this Agreement and give the Permitted Activities to Carat as provided above. The Affiliate acknowledges that this Agreement constitutes the sole, complete and exclusive agreement and arrangement between Carat (acting on its behalf and on behalf of the Authorized Parties) and the Affiliate regarding the Images and use of the Permitted Activities, and the Affiliate is not relying on any other representations whether oral or written, all of which are hereby superseded and replaced by this Agreement. The Affiliate warrants that no other party or any agent has made any promise, representation or warranty whatsoever not contained herein to induce me to execute this agreement and the other documents referred to herein.
6. The Affiliate shall not seek to sell or exploit or commercialize the Permitted Activities on her own or through any other party. In consideration of the Consideration (as defined below), the Affiliate agrees to promote Carat Products through social media by taking or having taken pictures and images while wearing any products, items, or accessories manufactured, produced by (or on behalf of) or sold by Carat that Carat provides or that the Affiliate may purchase or receive as gifts, as follows:
6.1 types of images
6.3 time periods
6.4 Photo Shoot
7. In consideration of the Affiliate granting the Permitted Rights on an exclusive basis, Carat agrees to:
7.1 make a cash payment to the Affiliate in accordance with the Base Commission ("Commission Payouts") of the Affiliate Programme as stated on the website: https://caratlondon.refersion.com/affiliate/registration Payments from Carat to the Affiliate via
The method of payment is solely determined by Carat and it is the responsibility of the Affiliate to ensure that payments can be received by the Affiliate.
Carat reserves the sole right to disqualify purchases from Commission Payouts at any time and by its own authority. In cases of disagreements related to items, such as but not limited to: the total payout amount, the timing of the payout, the payout currency, or the method of payout, Carat reserves ultimate right to decide on such questions by his own authority.
Carat reserves the right to change the Commission Payouts at any time at will, without prior notice and with immediate effect.
8. Without obligation, Carat may loan the Affiliate Carat Products for a period of time to be agreed, in return for the Affiliate promoting or posting pictures of the Affiliate wearing such Carat Products. These Carat Products shall remain the property and ownership of Carat at all times, and shall be returned on or before the date agreed. The Affiliate shall bear the risk of loss or damage to any loaned Carat Products.
9. The Affiliate understands and agrees that Carat may, at its sole discretion, decide not to use the Affiliate to promote its Products, and may delay, withdraw, or reuse any of the photos or images or postings or blogs (even without images) whether made by the Affiliate or a third party or Carat to advertise Carat’s Products and goods and accessories on one or more occasions without limitation on time, throughout the World.
10. The Affiliate shall be entitled to post blogs and images of the Affiliate wearing Carat Products; provided that
(i) he/she shall not post anything offensive, political, or discriminatory when referencing Carat, its name or marks, or Products, and
(ii) if Carat deems any blog or post or use offensive, the Affiliate shall immediately remove such blog, post, or use, and refrain from reusing it in the future.
11. During the period of the collections set out above in Section 6, the Affiliate agrees that he/she will not advertise or promote any products that directly compete with the Product.
12. This Agreement supersedes any and all other prior contracts between Carat and the Affiliate and /or representatives and which are hereafter considered null and void. Any modifications, amendments, or changes shall be in writing signed by both Parties.
13. This Agreement shall be irrevocable and is governed by the laws of England and Wales. Any action may be initiated or brought in the non-exclusive courts in London, and the Affiliate submits generally and unconditionally to the jurisdiction of such courts in London for the purpose of any such suit, action or proceeding.
14. The Affiliate acknowledges that by entering the Affiliate Programme, the Affiliate has carefully read and fully understands this Agreement, and that the Affiliate has had the opportunity to ask Carat about any questions, concerns or issues in connection with this Agreement or its terms. The Affiliate further acknowledges that the Affiliate has consented to all of the terms and provisions contained herein knowingly, voluntarily and without any reservation whatsoever.