Last updated: September 5, 2021
Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://www.challengeco.co.uk website (the “Service”) operated by Challenge Co (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Challenge Co and its licensors.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Challenge Co.
Challenge Co has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Challenge Co shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
All awards are sent from the UK. If you live outside the UK you may be charged local taxes, fees or duty on parcels from outside of your country which you are responsible for. We will not reimburse any import charges.
Governing Law
These Terms shall be governed and construed in accordance with the laws of United Kingdom without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us.
Affiliate Scheme Terms and Conditions
The following are the terms and conditions (this “Agreement” or the “Terms”) for affiliates that direct potential customers to any Challenge Co. web site (the “Site”) and where Challenge Co. has agreed to pay that affiliate (“you”) for directing those potential customers to the Site.
- Acceptance -By submitting your application for being an affiliate of the Site, you agree to be bound by the Terms as stated herein without modification.
- Nature of the Relationship -The nature of the relationship between Challenge Co. and you will be that of independent contractors for all purposes and in no event will any person employed by you be held or construed to be employees of Challenge Co. Specifically, Challenge Co. is not a member of any partnership, joint venture or franchise arrangement with you.
- Ownership and use of Challenge Co. Materials-” Challenge Co. Materials” include any materials, documents, contracts, software, products, web links, promotional material, email, information, photographs, challenge awards or any other materials provided by Challenge Co., the Site or any Challenge Co. service in any way. Challenge Co. retains complete ownership and all rights to the Challenge Co. Materials. You do not have the right to use or change any of the Challenge Co. Materials without prior written consent of Challenge Co.. You do not have the right to use any Challenge Co. Materials for third party or competitive use. All use of Challenge Co. Materials, with or without prior written consent, will cease after termination of this agreement.
- Term -This Agreement will be for an indefinite term and can be terminated immediately without cause by either Challenge Co. or you providing notice to the other party. Upon termination, you will stop using Challenge Co. Materials and you will discontinue any use of the Challenge Co. trademark.
- Your Compensation -Challenge Co. agrees to pay you a commission of Ten percent (10%) for Ambassador affiliates or Five percent (5%) for customer affiliates of all sales (excluding fees paid to external service providers, fees paid to external suppliers and some subscription renewals) generated from the traffic coming to Challenge Co. via your unique referral link. This traffic will be given a tracking cookie provided the person has not previously visited our site and has an existing tracking cookie from another affiliate. You will get credit for such sales during the life of the tracking cookie (7 days). Customer Affiliates will only receive their commission as store credit for use on www.challengeco.co.uk and no cash alternative will be given. Ambassador affiliates commissions will be paid by PayPal. Should Challenge Co. cease to trade any store credit commissions that are unspent, either that has been credited as a coupon or that has not yet been credited, is null and void. You will have access to sales and commission reports available through the Challenge Co. Affiliate Dashboard. We will not provide any compensation for any referrals or traffic where the provision of any compensation for a referral is prohibited by law. Commissions cannot be added manually or retrospectively. Challenge Co. are not responsible for any malfunction or suspension of the affiliate tracking software used.
- Content Development -You are solely responsible for all content development (and its cost) on your web site.
- Confidentiality -You may be given or obtain access to non-public information of Challenge Co. that Challenge Co. considers to be of a confidential, proprietary, or trade secret nature, including, but not limited to, customer information, pricing, financial and operational information, business information and marketing information, in whatever form or media, whether or not marked as confidential (collectively “Confidential Information”). You agree not to use any Confidential Information disclosed to you by Challenge Co. for your own use or for any purpose other than to carry out your obligations under this Agreement. You will not disclose any Confidential Information to third-parties or to your employees or agents, other than employees and agents who are required to have the information in order to carry out your obligations under this Agreement. You agree to notify Challenge Co. immediately and in writing of any misuse or misappropriation of Challenge Co. ‘s Confidential Information, which may come to your attention and to return Challenge Co. ‘s Confidential Information upon the request of Challenge Co.. Confidential Information shall not apply to: (a) information that is or becomes a matter of public knowledge through no fault of or action by you, (b) information that prior to disclosure was rightfully in your possession as a result of disclosure by a third-party under no obligation or restriction of confidentiality, (c) information that, subsequent to disclosure, is rightfully obtained by you from a third-party under no obligation or restriction of confidentiality, and (d) information that is independently developed by you without use, knowledge or access to the Confidential Information of Challenge Co..
- Return of Confidential Property -Upon Challenge Co. ‘s request (and upon termination of this Agreement), you will deliver to Challenge Co. all Confidential Information, memoranda, notes, records, drawings, manuals, disks, or other documents and media pertaining to Challenge Co. ‘s business including all copies, extracts, summaries and analyses.
- Indemnification -You agree to indemnify and hold Challenge Co., its directors, officers, shareholders, successor and predecessor companies, attorneys, agents and employees harmless from any claim, demand, or damage, including reasonable attorneys’ fees and costs, asserted by any third party due to or arising out of the your actions (including but not limited to advertising, web site content or how you otherwise direct potential customers to our site).
- Limitations of damages -Challenge Co. will not be liable to you for any exemplary, punitive, special or consequential damages, including lost revenues, lost profits or lost prospective economic advantage arising from any act or omission in performance or failure to perform under this Agreement, even if Challenge Co. is at fault and/or knew or should have known of the possibility thereof, and you hereby release and waive any claims against Challenge Co. regarding such damages.
- Trademarks and other Intellectual Property -You acknowledge that all rights in any registered trademarks or any pending trademark registrations associated with the business of Challenge Co. (i.e., trademarks, service marks, slogans, logos, designs and other similar means of distinction), including all goodwill pertaining thereto, shall be the sole property of Challenge Co.. You may use and display such trademarks only in the manner and for the purpose authorised by Challenge Co., and only during the Term of this Agreement. Challenge Co. reserves the right to add to, change or discontinue the use of any trademark it owns, on a selective or general basis, at any time. You shall not use any trademark or trade name of Challenge Co. in any corporate, partnership or business name without Challenge Co.’s prior written consent. Race Hub Ltd. is the owner of the Challenge Co. trade name, brand and trademark.
- Media -No press releases mentioning your affiliate program participation may be made without prior written consent of Challenge Co. to a release being made. You will provide a copy of any press releases to Challenge Co..
- Conduct -You agree to conduct yourself with due regard to public conventions and morals and agree that you will not do or commit any act or thing that will tend to degrade Challenge Co. or bring it into public hatred, contempt, scorn or ridicule or that will tend to shock, insult or offend the community or ridicule public morals or decency. Further, you will not market Challenge Co. ‘s Site or products using illegal, unethical, or misleading methods, or through inaccurate content.
- Modification to Terms -Challenge Co. reserves the right to change these terms at any time and to notify you by updating and posting these terms on its Site. Challenge Co. is not bound by any other modifications to these terms and conditions unless signed in writing by an authorised Challenge Co. officer.
- Entire Agreement -This Agreement, the Site Terms and Conditions and the Site Legal Disclaimer, as amended from time to time, and located at https://www.challengeco.co.uk/terms-and-conditions/ and https://www.challengeco.co.uk/affilaite respectively, constitute part of this Agreement.
- Assignment -This Agreement cannot be assigned.
- Waivers -No failure or delay, on the part of Challenge Co., in exercising any right or power under these Terms will operate as a waiver of such right or power.
- Severability -If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties’ intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
- Governing Law and Notices -In respect to construction, interpretation, validity and enforcement, these Terms are to be construed in accordance with and governed by the laws of the United Kingdom. You consent to the exclusive jurisdiction of the courts of the United Kingdom. Any notice under this Agreement will be in writing and delivered in person or by public or private courier service. All notices will be addressed to Challenge Co. located at Race Hub, Six Hills Lane, Six Hills, Melton Mowbray, LEICS, LE12 7SR. Any notices to you may be delivered to you at the address, email address provided in your application or to any address later provided.
- End User -The end user of Challenge Co.’s Material will be subject to the Site’s terms and conditions and disclaimers.
- Binding Effect -This Agreement will pass to the benefit of and be binding upon the respective heirs, executors, administrators, successors of Challenge Co. and you.
- Headings -The headings, captions, titles, and numbering system are inserted only as a matter of convenience and may under no circumstances be considered in interpreting the provisions of this Agreement.
Affiliate Scheme details:
2 affiliate categories:
1 – Customer Affiliate – For Challenge Co. customers to earn credit to spend on our website by recommending our page or specific products via a unique referral link. 5% commission paid as store credit. To spend that credit at challengeco.co.uk email us and we will send a coupon to that amount for you to use on our website. No cash payments – store credit only.
2 – Ambassador Affiliate – Open to influencers and those with strong, relevant social media following or run a relevant business. 10% commission of the value of each sale. All Ambassador Affiliate earnings will be paid on request via PayPal to the PayPal address registered on the account on a set date each month or on the next payment date when the balance reaches £50. To request payment you must email [email protected] and payment will be made within 30 days of this email being received.
You will be either a customer or ambassador affiliate
Your affiliate Dashboard is where you will be able to generate your unique referral link, view your affiliate commissions, clicks and payment history.
Referrals must be made via the unique link which you can access from the Affiliate Dashboard on the Challenge Co. website. You can share this link in emails, social media and on your website. Referrals cannot be retrospectively or manually applied.
Purchases will be attributed to your affiliate account if the visitor purchases within 7 days of following your unique link (so long as they don’t subsequently use a different affiliate link).
Every completed purchase on our site linked to an affiliate user will generate a commission based on the rate you signed up to.
The commission concerning the affiliate is the sum of the commissions of all products purchased.
