Here is a summary of the 2023 changes to Commission Factory's Standard Terms for Affiliates and an FAQ for our affiliate partners.
We have updated our Standard Terms for Affiliates and Publisher Code of Conduct (to include Awin’s Supplier Code of Conduct) which will apply to existing and future affiliates on the network by 5th July, 2023.
We have outlined the most important changes by way of FAQs below.
Why did we make these changes?
The main reason for this update is that we need to incorporate Awin’s Supplier Code of Conduct into the Standard Terms for Affiliates and Publisher Code of Conduct.
The Awin Supplier Code of Conduct aims to guarantee human and labour rights as well as environmental protection. Therefore, our suppliers must commit to protect the legal positions set out in the German Supply Chain Due Diligence Act and in further applicable local legislation (e.g. UK Modern Slavery Act 2015) and agree to the minimum requirements for business partners set out in our Supplier Code of Conduct.
The proper implementation of, and compliance with, our Supplier Code of Conduct is a prerequisite for successful collaboration with one or more Awin group companies regardless of less restrictive locally applicable laws and regulations.
Additional changes to the Standard Terms for Affiliates were made as summarised below.
What are the main changes compared to the previous Standard Terms?
- Per the requirements outlined above, the Awin Supplier Code of Conduct applicable to all Affiliates was incorporated into the Standard Terms and Publisher Code of Conduct by reference in line with the legal requirements especially stemming from German Supply Chain Due Diligence Act. Relevant definitions and clauses referencing the Supplier and Publisher Codes of Conduct were amended in the Standard Terms.
- Some definitions and references to defined terms were changed or removed to reflect current terminology used in business and/or to reflect legal or operational changes. This includes modifications to the definition of “Sign Up Deposit” (now “Authorisation Fee”), “Affiliate”, “Application Form”, “Data Regulation”, “ePrivacy”, “Interface”, “Network Fee” (now “Tracking Fee”), “Sub-affiliate” and “Subnetwork”, as well as a new definition for the term “Awin”, “GDPR” and “UK GDPR” and the removal of certain definitions such as “CPA”, “CPC”, “CPL” and “CPM”. Corresponding changes were made throughout the agreement.
- Clause 1.6 was tweaked to clarify the situations in which the Standard Terms for Affiliates prevail over any terms supplied by the Affiliate.
- To reflect our information security processes and standards: (i) a new clause 3.7.3 was introduced to ensure that Affiliates implement, and allow Commission Factory to implement, appropriate security measures, methods or standards; (ii) clauses 3.7.4 (former clause 188.8.131.52) and 3.8 (former clause 3.7.3) were amended to include 2SV(two-step verification) recovery codes; and (iii) clause 3.9 (former clause 3.7.4) was amended to clarify the responsibility of the Affiliate in respect to the security of their Commission Factory user accounts.
- Clause 4.3 was amended to reflect how, in practice, Advertiser Materials are made available to Affiliates.
- Clause 6.1 was simplified to remove the specific references to the determination of CPA Commissions.
- Clause 6.2 was amended with respect to changes to Commission by Advertisers, to clarify Commission Factory’s obligations in this regard.
- Clause 6.3 was amended to clarify that Advertisers agree to pay Bonuses at their discretion.
- Clauses 7.1 and 7.2.2 were amended to reflect current processes.
- Clause 7.3 was removed as this is already covered by clause 6.4.2.
- Clause 7.7 with respect to Commission Factory using third parties to administer self-billed invoices was removed, to reflect current operations.
- New clauses 7.10, 7.11 and 7.12 were introduced to clarify, respectively: (i) process in place regarding underpaid Commissions and Bonuses, (ii) retention rights in respect to unclaimed Commissions and Bonuses; and (iii) rights to recover paid Commissions in the event of an insolvency of an Advertiser.
- Clause 9.3 was adjusted to include additional clauses in respect to the Affiliate’s indemnification obligations.
- Clause 10.9 was introduced to cover the right to request information in respect of Affiliate`s use of the Interface.
- Clause 13.3 was amended to include reference to technology partners and other third parties.
- Clause 14.4 was amended to more explicitly detail operational suspension possibilities.
- Clause 14.5 was incorporated into clause 14.4 (as 14.4.3).
- Clauses 15.1 and 15.2 were reformulated to clarify that the Affiliate is responsible for the deactivation of Links.
- Clause numberings and references were adjusted.
If you have any questions around these updates, please reach out to us via firstname.lastname@example.org.