HUDSON WIGHT LIMITED – AFFILIATE SCHEME TERMS AND CONDITIONS

Hudson Wight Limited is a UK limited company (registration number 05003406) whose registered address is at 62-63 Westborough, Scarborough, North Yorkshire, YO11 1TS (VAT registration number 829 5448 90).

These Affiliate Scheme Terms and Conditions ("Affiliate Terms") govern the relationship between Hudson Wight Limited ("Hudson Wight", "we", "our" or "us") and each of its affiliate sailing clubs, other affiliate organisations or individuals which are members of the Hudson Wight Affiliate Scheme ("the Affiliate" or "you"). The purchaser of products sold by Hudson Wight through its website or through appointed stockists ("Products") is referred to in these Affiliate Terms as "the Customer".

By registering and acting as an Affiliate you agree to these Affiliate Terms.

Your role as an Affiliate

You may advertise and promote our Products (for example via your club website and within the club premises) to your members, employees and friends, offering these potential Customers a discount code known as a Unique Affiliate Code (or "UAC"). This UAC will entitle potential Customers to a discount of 20% off full recommended retail prices on purchases made from stockists appointed by us.

Your role as an Affiliate does not require you to endorse any Products. Any activities you choose to undertake to advertise and promote our Products or to offer or distribute your UAC to Customers will not create a presumption or expectation of endorsement.

We or our appointed stockists are responsible for processing and delivering all purchases made by Customers. Affiliates will not owe any obligations or incur any liability to Customers in respect of sales made as a result of the Affiliate Scheme.

Registering to become an Affiliate

To register as an Affiliate you must provide: (i) the name and contact details (including an email address) of an individual within your sailing club or organisation who will be our key point of contact in relation to the Affiliate Scheme; (ii) provide a digital copy of your logo/burgee for use in the affiliate directory of our Website; (iii) provide a short text description of your organisation and details of the best way for someone to contact your organisation regarding the affiliate scheme.

Hudson Wight has absolute discretion about which sailing clubs or other organisations or individuals who may be registered as Affiliates. If your registration to become an Affiliate is approved by us, we will create a new registered account using the contact details you supplied at the time of your application ("Affiliate Account") and we will inform you, by letter or email, of the UAC assigned to this Affiliate Account.

Vouchers or Commission for Affiliates

No commission or other benefits are available to Affiliates. The Affiliate Scheme is operated solely to give discounts to members, employees and friends of affiliates.

Licence to Use Brands

As an Affiliate, you may place our Product advertisements, promotional banners and website links on your organisation's website and you may print and distribute promotional posters, literature and other materials in order to promote our Products and/or to distribute your UAC to potential Customers ("Promotional Activities"). For this purpose, Hudson Wight grants you a non-exclusive, non-transferable, royalty-free, revocable and worldwide licence to use Hudson Wight's name, logo(s), trade marks and other brand elements used by us ("The Hudson Wight Brand") and all intellectual property rights in The Hudson Wight Brand for the purpose of the Promotional Activities only.

Nature and Duration of Affiliate Relationship

This Agreement does not create a partnership, joint venture, employment or agency relationship between you and us. You will not make any claims or statements to the contrary either on your website or otherwise. No liability is created as between us.

The agreement between you and us which is based on these Affiliate Terms ("Agreement") will come into force on the date at which you are registered as an Affiliate and will remain in effect until termination. We may terminate the Agreement for any reason by giving notice to you of such termination. You may terminate the Agreement for any reason by giving written notice to us of such termination.

You shall cease to distribute the UAC upon termination of the Agreement.

Data Protection

Hudson Wight Limited is registered as a data controller under, and will process your personal data (and the personal data of Customers who use your UAC to make purchases from us) in accordance with, the Data Protection Act 1998. For further information on how we handle personal data please review our Privacy Policy.

General

Each of the paragraphs of these Affiliate Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Affiliate Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

We intend to rely upon these Affiliate Terms and any document expressly referred to in them (including emails) in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Affiliate Terms to be confirmed in writing.

We reserve the right to alter or update these Affiliate Terms at any time.

These Affiliate Terms shall be governed by and interpreted in accordance with English Law and you agree to submit to the non-exclusive jurisdiction of the courts of England and Wales.

PLEASE PRINT OFF A COPY OF THESE AFFILIATE SCHEME TERMS AND CONDITIONS FOR YOUR REFERENCE.