Affiliate Agreement - Terms & Conditions

Last updated: 28-08-2025

This Affiliate Agreement ("Agreement") sets out the terms and conditions under which affiliates may participate in the Affiliate Program of Clear Drive ("Company"), operating via testroute.co.uk.

By applying to and participating in the Affiliate Program, you ("Affiliate") agree to the terms of this Agreement.

1. DEFINITIONS

"Clear Drive": Clear Drive, registered with Companies House under company number [UK company number], registered office at [UK address];

"Affiliate": the natural person or legal entity participating in the Affiliate Programme;

"Affiliate Programme": the programme offered by Clear Drive whereby Affiliates can earn commission by promoting Products;

"Website": testroute.co.uk;

"Products": all course materials and services offered via the Website;

"Affiliate Link": the unique tracking link assigned to the Affiliate;

"Commission": the remuneration the Affiliate receives for qualified sales;

"Tracking Cookie": the cookie placed to track affiliate referrals;

"Terms": these Terms and Conditions.

2. ELIGIBILITY AND REGISTRATION

2.1. Entry to the Affiliate Programme occurs through automatic approval following registration on the Website.

2.2. Clear Drive reserves the right to:

- Refuse Affiliates without providing reasons;

- Block accounts where misuse is suspected;

- Cancel registrations that do not comply with these Terms.

2.3. The Affiliate represents and warrants that:

- All information provided is complete and truthful;

- They are authorised to enter into this agreement;

- They will not undertake activities contrary to these Terms.

3. COMMISSION AND CALCULATION

3.1. Commission Rate: Affiliates receive 20% commission on all qualified sales of Products via the Website.

3.2. Qualification: A sale qualifies for commission if:

- The customer is referred via a valid Affiliate Link;

- The purchase takes place within 30 days of clicking the Affiliate Link;

- Payment is fully completed and accepted;

- There is no fraud, cancellation, or refund.

3.3. Last-Click Attribution: Where there are multiple affiliate referrals, the last clicked Affiliate Link receives the full commission.

3.4. Commission Exclusions: No commission is paid for:

- Affiliate's own purchases;

- Sales to family members or household members of the Affiliate;

- Fraudulent or manipulative transactions;

- Sales that are cancelled, refunded, or disputed.

4. TRACKING AND COOKIES

4.1. Cookie Duration: Tracking cookies have a validity period of 30 days from clicking the Affiliate Link.

4.2. Cookie Technology: Clear Drive uses first-party cookies for tracking affiliate referrals.

4.3. GDPR Compliance: The placement and use of tracking cookies complies with Clear Drive's Privacy and Cookie Policy and applicable legislation regarding cookies and privacy.

4.4. Technical Limitations: Clear Drive is not liable for missed commissions resulting from:

- Blocked or deleted cookies;

- Technical failures;

- User browser settings;

- Ad-blockers or tracking prevention software.

5. PAYMENTS

5.1. Payment Frequency: Commissions are paid monthly on the 1st of each month.

5.2. Minimum Payment Amount: The minimum payment amount is £50.00. Lower amounts are carried forward to the following month.

5.3. Payment Methods: Payments are made via:

- Bank transfer to a UK bank account;

- PayPal to a verified PayPal account.

5.4. Payment Choice: Clear Drive reserves the right to require Affiliates to use PayPal for payments.

5.5. Validation Period: Commissions become final 30 days after the sale date. Within this period, commissions may be withdrawn due to cancellations, refunds, or disputes.

5.6. Payment Information: The Affiliate is responsible for providing correct payment details. Clear Drive is not liable for delays or costs due to incorrect information.

6. PROMOTIONAL GUIDELINES

6.1. Permitted promotional methods:

- Own website and blog posts;

- Social media (Facebook, Instagram, LinkedIn, Twitter, etc.);

- YouTube and other video platforms;

- Email marketing (compliant with anti-spam legislation);

- Paid advertising (Google Ads, social media advertising);

- Content marketing and SEO.

6.2. Prohibited activities:

- Distribution of Affiliate Links via third-party affiliate networks;

- Spam emails or unsolicited messages;

- Misleading claims about Products or results;

- Use of adult content or illegal activities for promotion;

- Pop-up advertisements or malware;

- Typosquatting or misleading domain names.

6.3. Truthful Promotion: Affiliates may only communicate truthful information about Products and must not make false claims about effectiveness, results, or guarantees.

7. BRAND USAGE AND INTELLECTUAL PROPERTY

7.1. Logo Usage: Affiliates may use Clear Drive and testroute.co.uk logos, provided:

- The logo is displayed correctly and unaltered;

- Usage is professional and in good taste;

- Usage does not suggest the Affiliate is an official partner or employee of Clear Drive.

7.2. Marketing Materials: Affiliates may:

- Use official marketing materials from the affiliate environment;

- Develop own creatives that comply with these Terms;

- Use the brand name "testroute.co.uk" in advertisements and content.

7.3. Prohibited Use of Course Material: The use of screenshots, videos, or other content from course materials is expressly prohibited without prior written consent from Clear Drive.

7.4. Intellectual Property: All rights to trademarks, logos, content, and materials remain the property of Clear Drive. This licence may be revoked at any time.

8. COMPLIANCE AND DISCLOSURE

8.1. Disclosure Obligation: Affiliates are required to comply with UK law by clearly indicating that they receive commission for recommendations. This may be done through:

- "#ad", "#affiliate", "#partnership" hashtags;

- Clear statements such as "This link contains affiliate links";

- Visible disclaimers on websites and in content.

8.2. Legal Compliance: Affiliates must comply with all applicable laws and regulations, including but not limited to:

- Advertising and marketing legislation (ASA CAP Code);

- Privacy legislation (GDPR/UK GDPR);

- Tax legislation;

- Anti-spam legislation;

- CMA consumer protection rules.

9. LIMITATION OF LIABILITY

9.1. Exclusion of Liability: Clear Drive is not liable for:

- Loss of profit or missed commissions;

- Indirect, special, or consequential damages;

- Technical failures or service interruptions;

- Actions of third parties or force majeure situations.

9.2. Maximum Liability: Clear Drive's total liability to the Affiliate is in all cases limited to the amount of commissions paid in the three months preceding the damage-causing event.

9.3. Own Responsibility: The Affiliate is fully responsible for:

- Compliance with all laws and regulations;

- Accuracy of own promotional activities;

- Tax returns and payments;

- Backup of own data and statistics.

10. INDEMNIFICATION

10.1. The Affiliate indemnifies Clear Drive against all claims, damages, costs, and losses arising from:

- Breach of these Terms by the Affiliate;

- Infringement of third-party rights;

- Misleading or incorrect information provided by the Affiliate;

- Illegal activities or law violations by the Affiliate.

11. TERMINATION

11.1. Termination by Affiliate: The Affiliate may terminate participation by deactivating the account or providing written notice.

11.2. Termination by Clear Drive: Clear Drive may immediately terminate an Affiliate's account for:

- Breach of these Terms;

- Suspected fraud or misuse;

- Inactivity for 12 months;

- Change in business strategy.

11.3. Consequences of Termination: Following termination:

- All rights to use trademarks and materials cease;

- Outstanding commissions are paid according to regular terms;

- Provisions regarding liability and indemnification remain in force.

12. MODIFICATIONS

12.1. Clear Drive reserves the right to modify these Terms. Affiliates will be notified via email or through the affiliate environment.

12.2. Changes take effect 30 days after notification, unless the Affiliate terminates the agreement before that date.

12.3. Continued use after the effective date of changes is considered acceptance of the new Terms.

13. FINAL PROVISIONS

13.1. Governing Law: These Terms are exclusively governed by the laws of England and Wales.

13.2. Jurisdiction: All disputes shall be submitted to the competent courts of England and Wales.

13.3. Severability: If any provision of these Terms is void or invalid, the remaining provisions remain fully in force.

13.4. Entire Agreement: These Terms constitute the entire agreement between parties and replace all previous agreements.

13.5. Contact: For questions about these Terms, contact may be made through the affiliate environment or by email.