Affiliate Terms & Conditions

Affiliate Terms & Conditions.

By accessing the site and proceeding beyond this page you accept these terms and conditions and agree to abide by them.

2U.co.uk (the website) and all subdomains are wholely owned by Mobile Phone World Ltd (hereafter "MPW", "us", "we" or "our").
"Products" refers to any item or product sold through the website. The product is to be specified by and only by MPW. Affiliates will be paid commission on sales of qualifying products sold from the affiliate's subdomain website. The amount of commission is to be set by MPW and may vary from time to time. MPW will inform affiliates of any changes in writing.

"Qualifying products" refers to products on the sale of which, a commission will be paid to the affiliate. From time to time, MPW may offer customers non-qualifying products, on which commission will not be paid, as 'loss-leaders', or on which there is no margin for commission, in order to bring customers to the website.
Click here to view the current qualifying products.

Affiliates
1. "Affiliate" refers to persons or companies refering customers to MPW for the purpose of generating sales. MPW grant affiliates a revocable, non-exclusive, royalty-free licence for the duration of the term of this Agreement, solely for purposes of facilitating sales from affiliate's websites, including, without limitation, downloading ringtones, logos and other mobile content, and sales of products on the website. We reserve all of our rights in the logo, any other images, our trade names and trademarks, and all other intellectual property rights.
2. Affiliates (hereafter "affiliate", "affiliates", "you") may use a subdomain name of .2U.co.uk in order to earn commission from sales through this subdomain. Purely with regards to liability for infringment and passing off disputes, affiliates 'own' and hold responsibility for the subdomain they choose. In the event of any 'passing off' dispute the affiliate account will immediately be temporarily inactive while the dispute is resolved. Affiliates are free to promote the subdomain subject to these terms and conditions.
3. Affiliates may encourage their customers and website visitors to sign up as an affiliate from the subdomain site, generating a "sub-affiliate". Affiliates will earn a commission on the sales of qualifying products sold through this sub-affiliate subdomain website. The commission structure is to be set by MPW and may vary from time to time. The commission amounts is published on the website.
  Affiliates may have more than one 2U affiliate account, but affiliates may not be a subaffiliate of themselves. In this event, at MPW's sole discrettion, the registered 'parent affiliate' for each account will be amended and/or no subaffiliate commission will be payable and/or a fine of £20 will be levied from commission owed.

Neither 2U.co.uk nor its owners, MPW, associates or partners are responsible for:
1. any loss, injury or damage, whether physical, financial or of any other nature, arising from the use of information contained in this site.
2. the actions of any person registered on this site.
3. the content of external internet sites
4. any trading name or brand name infringement or alleged passing off in any dispute. In the event of any 'passing off' dispute the affiliate account will immediately be temporarily inactive while the dispute is resolved.
5. any loss of revenue, business, contracts, or profits consequential from availability of the website

The intellectual property rights in all elements of the site, including without limitation the copyright, database right, trade marks and patents, know how, articles and their contents, confidential information and collections of personal data are owned or controlled by MPW or as otherwise stated.
The affiliates website is supplied on an as-is basis. Affiliates may not alter or attempt to alter the site in any way. MPW reserves the right to change the website and its subdomain sites without prior notice. Affiliates will usually be given written notice that the website has been changed via email or the website.
All images and content on the 2U site is copyrighted. However, as a 2U affiliate, we give you express permission to use any of these images and/or content on your own separate non-2U website, so long as it is used to sell 2U products and services.

MPW reserves the right to refuse permission to use any given subdomain name at any time. Permission is granted at the sole discretion of MPW. An automated reply does not mean permission is granted, and once given may be revoked. Where permission is denied, MPW will do everything within its reasonable power to grant an alternative. Services may be modified, supplemented or withdrawn by MPW. MPW will always make all reasonable efforts to notify affiliates of any changes, via email and via the affiliates area on the website.
Note: The usual reason for denial of use for a subdomain is that it might legally infringe another companies trademark or is defamatory.

Instructions included on the website or any promotional material relating to this offer are part of these terms.
Nothing in these terms or conditions makes affiliates the partner, agent, distributor or employee of MPW. Affiliates are not authorised to make any representations concerning MPW's services and MPW will not be bound by any representations made by affiliates or liable for any false or misleading information given to anyone by affiliates.

Affiliates must take reasonable precautions to keep their password and login secret and if they suspect that an unauthorised person may have access to it, to generate a new password, using the password generator tool on the login page here.

UK Customers only.
Affiliates accept that 2U and MPW will only deliver physical products to addresses within the UK. Affiliates accept that they cannot sell physical products to customers outside the UK. Note non-physical products such as mobile content and mobile unlock codes can be sold globally as specified. It is not mandatory that Affiliates themselves reside in the UK. Commissions are paid in £ British Pound Sterling. Commission will be paid into a valid UK bank account. At MPW's sole discretion, commission may be paid to non-UK residents if and only if the commisison amount is over £100. Thhis will be paid either by PayPal or international bank transfer. All international bank transfer fees will be paid by the affiliate.

Affiliates must be aged 18 or over.

Affiliates may sign up to get their subdomain name and 2U website for free. MPW will charge a nominal Administration Fee, to be deducted monthly only from affiliate's earned commission, when it is paid. This fee covers the cost of administering the account and paying the affiliate. This fee may vary from time to time. MPW will notify affiliates in writing, via email or the website in the event of such a change. Click here to view the current administration fee. This Admin Fee does not apply to commission totals over £50.

Affiliates bear full responsibility for any infringements of trademark or passing off implied or otherwise within their subdomain name. Only the rightful owner will be granted full permission to use any given trademark or company name as part or whole of their subdomain name. Any subdomain found to be infringing a trademark or passing off will be deleted at MPW's discretion. An alternative subdomain may be offered at MPW's discretion. We are not liable for the affiliate's choice or use of any given subdomain name. For purposes of infringment and passing off liability the affiliate 'owns' the subdomain.

Misconduct.
1. Affiliates may not alter or attempt to alter the appearance or effect of any part of the website.
2. Affiliates may not promote the subdomain or products and services in an unlawful, untruthful or offensive manner. All affiliate promotions must be legal, ethical and responsible. In the event of SPAM (unsolicted commercial email) MPW reserve the right to close the affiliate account.

Policies and Pricing
For the avoidance of doubt, customers who buy Products through affiliates will be customers of MPW. Accordingly, all MPW rules, policies and operating procedures concerning customer orders, customer service and Product sales will apply to those customers. Such policies and operating procedures may be changed at any time. For example, MPW will determine the prices to be charged for Products sold under this Programme in accordance with its own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that affiliates already have listed on any linking site, affiliates must not include price information in your Product descriptions. MPW will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular Product.

Payment of commision
Affiliates of 2U.co.uk will be paid commission as outlined in the Commission Details. Commissions for sales made in any 1 calendar month are paid in the 2nd month after this ist month. Sales made in month 1 are invoiced and paid in month 3.
Note the following conditions;
1. Insurance Commission.
  Delayed Cover - The first 3 months premium must be paid before any commission is due. In the event of a cancellation prior to 3 month's premium being paid, no commission is liable.
  Instant Cover - The first 3 months premium must be paid plus the first Direct Debit payment must be paid before any commission is due. In the event of a cancellation prior to 3 month's premium being paid plus the first Direct Debit being successfully taken, no commission is liable.
2. Commission will only be paid on delivery addresses for customers based in the UK.
3. Commission payments are paid in British Pound Sterling £. Affiliates must hold a UK bank account, to which commission will be paid. Commission will only be paid to non-UK bank accounts for amounts over £500, where a bank charge of £25 per payment is levied.
4. Fraudulent transactions, cancellations, returns and never-pays. MPW reserves the right to withhold payment of commission, if in the opinion of MPW, the referral scheme is being used by affiliates or someone associated with affiliates for improper and/or fraudulent purposes or if affiliates fail to comply with any affiliates' obligations under this agreement.
  Transactions made using a stolen credit card and contract phone 'never-pay' connections (customers who fail to pay their monthly bill) are not liable to commissions, and may be subject to a claw-back of any commissions paid on the transaction. In the situation of a claw-back, commission paid is either to be paid back to 2u.co.uk, or taken from the affiliates next commission payment, at the sole discretion of 2U.co.uk
  At MPW's discretion, the affiliate may be liable for any losses incured by MPW through fraudulent transactions and never-pays through the affiliate's subdomain site, at MPW's discretion. All order cancellations and returns are not liable to commission.
5. Commission not invoiced for within 2 months will be revoked. Affiliates must return their invoice as given in the affiliate login area, via the standard 2U procedure as outlined, within 2 months. After this, the commission will be revoked. Commission will not be held indefinately - We are not a bank.

Insurance & Financial Services Authority regulations
Mobile Phone World Ltd is authorised and regulated by the Financial Services Authority. We are authorised to sell the 2U Mobile Phone Insurance. There are very strict guidlines concerning the sale of insurance. You may bring customers to the 2U Insurance site to take orders. Your promotions must be clear, fair and not misleading. You may only state the facts of the policy and then pass customers to the 2U site to take the order. You need to have your separate website's content authorised for a small fee if you wish to promote the 2U Insurance.

Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the commission payments, commission schedules, payment procedures and Affiliates rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAMME FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

Term of the Agreement and Termination
MPW may revoke the affiliates licence at any time by giving written notice, including if the other party becomes insolvent, makes a general arrangement for the benefit of its creditors, has a receiver or trustee appointed for all or any substantial part of its property or undertakes or is subject to similar actions or a liquidator is appointed; or the other party's actions bring the party's business into disrepute.
Affiliates may terminate this agreement at any time by giving written notice.
On termination, all outstanding debts or payments are to be cleared, notwithstanding insolvency. In the event of affiliate insolvency, no commissions, once-off or ongoing, are due.
The term of this Agreement will begin upon our acceptance of your Affiliate application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn commission on sales of Qualifying Products occurring during the term and fees earned up to the date of termination will remain payable only if the related orders are not cancelled or returned, and affiliate remains solvent. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Upon termination of this Agreement, you must promptly return to us, or at our request, destroy any and all of our intellectual or proprietary property, information and/or materials in your possession and, subject to receiving written consent to the contrary from us, remove all hypertext links to our site from your site.

Limitation of Liability
Neither we nor any of our affiliates will be liable for indirect, special or consequential damages (or any loss of revenue, profits or data) arising in connection with this Agreement or the Programme, even if we or any of our affiliates have been advised of the possibility of such damages. Further, to the fullest extent permitted by law, our and our affiliates' collective aggregate liability arising with respect to this Agreement and the Programme will not exceed the total referral fees paid or payable to you under this Agreement at the time the act or omission giving rise to the liability occurred. We will not be held liable for any affiliate taking the name of another business as a subdomain, in any 'passing off' dispute, similar or other.
We shall not be liable to the Affiliate in contract, tort or otherwise including (without limitation) any liability for negligence or for breach of statutory duty for any loss of revenue, business, contracts, or profits or any indirect or consequential loss howsoever arising.
Server Policy
We cannot guarantee 100% uptime. The site may go down from time to time. We will not be held liable for this. However, we will do everything in our powers to rectify any issue as soon as we are aware of it.
- If the server goes down we will endeavour to notify you as soon as possible. If we know in advance that server will go down we will let you know in advance.
- If it goes down for technical reasons we will let you know as soon as possible.
- If it goes down for unexpected reasons, we cannot give accurate estimations of exactly when it will be back up but we will make every effort to keep you informed.
We will do everything we can to maintain maximum uptime of the website.

Disclaimers
To the fullest extent permitted by law, neither we nor any of our affiliates makes any express or implied warranties or representations with respect to the Programme or any Products sold through the Programme (including, without limitation, warranties of fitness, merchantability, non-infringement or any implied warranties arising out of a course of performance, dealing, or trade usage), and the same are hereby excluded. In addition, neither we nor any of our affiliates makes any representation that the operation of our site will be uninterrupted or error-free and none of us will be liable for the consequences of any interruptions or errors.

Contact.
Unles you object, we may use information you give us to provide you with information about goods and services offered by us and other organisations with which we have a business relationship. We or they may contact you by email, telephone or other on-line or interactive media. If you prefer not to receive such information, simply let us know at the time and we will stop sending it to you.

Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE OR ANY OF OUR AFFILIATES MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAMME AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

FORCE MAJEURE
Neither party shall be liable for any breach of this Agreement due to any cause beyond its reasonable control including without limitation: Act of God, inclement weather, flood, lightning or fire; industrial action or lockouts; Internet outages, the act or omission of Government, highways authorities or other competent authority; war, military operations or riot; the act or omission of any third party over whom that party has no control. THERE MAY BE "FORCE MAJEURE" CIRCUMSTANCES COMPLETELY BEYOND OUR CONTROL AND CONTEMPLATION FOR WHICH WE ACCEPT NO LIABILITY, IN WHICH COMMISSION MIGHT NOT BE AVAILABLE. THESE INCLUDE WITHOUT LIMITATION DESTRUCTION OF OR SEVERE DAMAGE TO THE WEBSITE, LIQUIDATION OF OUR SUPPLIERS OR NON-PAYMENT FROM OUR SUPPLIERS FOR ANY REASON, NON-AVAILABILITY OF SUPPLIERS SERVICES, WAR, THREAT OF WAR, RIOT, CIVIL STRIFE, INDUSTRIAL DISPUTE, TERRORIST ACTIVITY, NATURAL OR NUCLEAR DISASTER, FIRE OR ADVERSE WEATHER CONDITIONS, CHANGES TO OR CANCELATION OF AIR, RIVER, SEA OR RAIL SERVICES.
IN THE EVENT OF FORCE MAJEURE SITUATIONS WE WILL DO OUR BEST TO MAKE ALTERNATIVE ARRANEGMENTS FOR YOU WHERE POSSIBLE. WE ACCEPT NO LIABILITY FOR ANY FORCE MAJEURE SITUATION OR CONSEQUENCES THAT ARISE AS A RESULT INCLUDING BUT WITHOUT LIMITATION NON-AVAILABILITY OF AFFILIATE COMMISSION.

WAIVER. Failure by either party to enforce any of the provisions of this Agreement shall not be construed nor shall be deemed to be a waiver of such party's rights nor prejudice such party's rights to take subsequent action.

Miscellaneous
This Agreement will be governed by the laws of England, without reference to rules governing choice of laws. You irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

Please feel free to read our Privacy Policy to assure yourself that your details will be treated with respect. Click here to view