Driving Test Success App Referral Program - Terms & Conditions

V1-21-05-2021

Thank you for your interest in becoming an affiliate of Driving Test Success Ltd (“DTS”, “we” or “us”). We develop and publish the digital application known as ‘Driving Theory Test 4 in 1 App (the “App”). By submitting the online application you are confirming that you have read, understand and agree to be bound by the following terms.

References to “Referrer” and “you” are references to the person/organisation registering for this App Referral Program (the “Referral Program”). These terms between you and us are referred to as the “Agreement”.

Please note that to be eligible for participation in the Referral Program you must be at least 18 years old and ensure they have a valid PayPal account.

1. REGISTRATION

  1. This Agreement shall come into force once the Referrer’s registration has been approved and shall remain in effect until terminated. It is the responsibility of the Referrer to ensure that their account details are accurate and up to date at all times and the referral link is only used by the Referrer’, and not on the behalf of, or for the benefit of, any other person(s).
  2. All applications received will be reviewed and successful applicants will be notified. We reserve the right to reject any application at our sole discretion if we feel Referrer’s Website is unsuitable to become an affiliate with us. Without limitation, Referrer’s Websites that include material that promotes illegal activities, sexually explicit materials, violent behaviour, discrimination, and other offensive or objectionable practices are considered unsuitable to become affiliates. For the purpose of this Agreement the term “Referrer’s Website” shall mean a set of related web pages located under a single domain name produced/operated by the Referrer and/or any social media page or channel operated/promoted by the Referrer and/or any other digital domain and/or channel operated/promoted by the Referrer.
  3. We will review Referrer’s Website from time to time and re-evaluate your application if required. If we feel Referrer’s Website is no longer suitable for the Referral Program we will terminate our arrangement with you as specified below.
  4. Upon notification that Referrer’s Website has been accepted into the Referral Program, you will be provided with certain links to enable referrals from your site to be tracked (“Authorised Links”). You may only use Authorised Links on Referrer’s Website unless otherwise notified and agreed by us.

2. TERMINATION

  1. DTS is entitled to terminate this Agreement and/or suspend the Referrer at any time, giving 30 (thirty) days’ notice where possible.
  2. In the event that Referrer engages in any fraudulent or suspected criminal activity or is in breach of any of the terms of this Agreement, DTS is entitled to terminate and/or suspend the Referrer with immediate effect.
  3. The Referrer is entitled to terminate this Agreement with immediate effect at any time by notifying DTS at [email protected].
  4. Once the Agreement has been terminated, the Referrer must cease to use the service immediately and remove all Authorized Links. If the Referrer has not met the minimum payment threshold, then all outstanding earnings will be relinquished. The Referrer shall not be entitled to any earnings received after the termination date of the Agreement.
  5. The Referrer shall acquire no rights following the termination of this Agreement to use any proprietary rights (including any intellectual property rights) of DTS including but not limited to trade marks, domain names, referral links, text, images, banners or any other works owned, and/or created by or for DTS.

3. PAYMENT

  1. (a) Commission is paid at the following rates and terms:
    A set commission fee of £0.30 will be paid for each successful purchase of the App made by a user within 30 days of clicking the Authorized Link. All transactions of the App are processed on the applicable digital stores e.g. the ‘Apple App Store’ (“App Stores”) and successful sales are reported back to DTS and logged against the Referrer’s tracking ID. Any refunds that are made through the App Stores that were initially tracked against the Referrer’s Authorized Link, will be refunded in line with the App Store refund.
  2. Payment can only be requested by the Referrer once they meet the minimum earnings threshold of £50.00 (fifty pounds). If you do not reach this in a given month, we will roll over the balance to the next month until the minimum threshold is met. Referrers who do not meet the minimum balance requirements will not be eligible for payment until it has been reached.
  3. DTS will issue all payments in GBP to Referrers via PayPal. No alternative methods of payment are available. Therefore, it is the responsibility of the Referrer to ensure that they have a valid PayPal account upon entering into this Agreement.
  4. Once the minimum payment threshold has been met, it is the responsibility of the Referrer to request payment from the DTS Referral dashboard. Approved earnings may take up to 5 working days to reach the Referrers PayPal account. All payment fees are met by DTS.

4. REPORTING

  1. Upon approval, DTS will provide the Referrer with an online dashboard whereby the Referrer can access their earnings.
  2. Due to App Store restrictions, iOS sales will only show once the Referrer has achieved 5 (five) sales. Sales and earnings on iOS may be delayed by up to 40 (forty) days and up to 14 (fourteen) days on Android, before showing in the Referrer’s dashboard.
  3. The Referrer agrees to regularly check their earnings reports to ensure that sales and commission are both tracking correctly. DTS accepts no responsibility for any errors or omissions and their consequential implications which are not notified to us in writing within a 4 (four) week period. This 4 (four week) period begins on the day that the sale/action which generates the commission took place. While DTS will do everything we can to correct any errors or omissions which may occur, we will not be liable for any of these which are not brought to our attention within the 4 (four) week period as detailed above.

5. ACCOUNT INACTIVITY

Any account that has had no activity (clicks, sales etc.) for a period of 12 (twelve) calendar months will be deemed to be abandoned and DTS has the right to close the account. In such circumstances, any unpaid earnings above the minimum threshold will be issued to the Referrer. Any earnings under the minimum threshold will be relinquished by the Referrer.

6. FRAUDULENT TRANSACTIONS

  1. In the event of any Referrer fraud, all transactions in the Referrers account will be reversed. In addition DTS may recover any payments made before fraud has been detected. We also reserve the right to take legal or criminal action against the companies and individuals involved.
  2. In the event of suspected fraud, payment to a Referrer's account will be stopped and the Referrer will be asked to provide additional information as to how they have been promoting their Authorised Links to ascertain where any Referral Program terms may have been broken. Failure to comply will result in monies being withheld and the Referrer's account being terminated.
  3. The Referrer is responsible for the payment of all relevant taxes on any payments made to him/her by DTS.

7. AFFILIATE OBLIGATIONS

As a Referrer of the App you hereby agree to the following:

  1. You will only use the Authorised Links unless otherwise notified and agreed by DTS.
  2. You will not use any applications that cause the overwriting of Authorised Links.
  3. You will not in any way copy, resemble, frame, or mirror the look and feel of the DTS website.
  4. You will not re-direct, mislead or do anything that drives visitors away from our websites to your Website or other Websites.
  5. You will follow all intellectual property and other laws applicable to Referrer’s Website and ensure that all permissions, rights and licenses have been obtained in order to show any of the materials you display on your Website.
  6. You will not use our names/trademarks in any way without our consent.
  7. You will not engage in spamming, unsolicited e-mail and indiscriminate advertising.

8. WARRANTIES AND REPRESENTATIONS

You warrant and represent to us that:

  1. You have the right to enter into this Agreement and this constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
  2. Your entry into this Agreement will not cause any breach of your obligations to any third parties.

9. DISCLAIMER

To the extent permitted by law our website and/or Referral dashboard is provided on an "as is" and "as available" basis. No representations, warranties or conditions of any kind are provided and any implied warranties are expressly excluded. In addition, subject to clause 4 (Reporting) we do not guarantee error-free, virus-free or secure operation and access to our website and/or Referral dashboard and we will not be liable for the consequences of any interruptions or errors.

10. INDEMNITY

The Referrer shall keep DTS indemnified against any claims for damages or other claims for compensation arising from the contents of the Referrer's Website, social channels, or other communicative methods, or any incorrect information given to DTS by the Referrer. The Referrer shall also compensate DTS for any other damages or costs caused by the Referrer's improper, negligent or unauthorised use of the Referral Program.

11. LIABILITY - SYSTEM FAILURE, VIRUSES, DAMAGES, DOWNTIME

If at any point the Referral Program system experiences technical issues, DTS will endeavour to resolve any known issues as soon as possible. DTS shall not be held liable to the Referrer for interruptions or defects to the Referral Program, and/or Authorized Links, loss of data on the information handling system, defects in the system, loss caused by any third party deleting, removing, deactivating or tampering with the Referrer tracking. No compensation will be made for clicks or sales that may have been lost during any downtime to the system.

12. LEGAL CONTENT AND APPROVAL

The Referrer is solely responsible for ensuring that its online content conforms at all times to all known applicable laws and regulations. The Referrer is not permitted to manipulate or change the Authorized Links in any way. Failure to comply will result in untracked earnings.

13. ARTIFICIAL TRAFFIC

The Referrer should not by any means use artificial traffic to gain sales commission. If a Referrer is found to be taking advantage of artificial traffic, DTS will terminate this Agreement with immediate effect.

14. COPYRIGHT / INTELLECTUAL PROPERTY

The Referrer acknowledges that all copyright, trademarks and other intellectual property rights/proprietary rights in and relating to the Referral Program are owned by, or licensed toDTS. Referrers are not permitted to copy, distribute, show in public or create any derivative work from the Referral Program.

15. LEGAL AGE

The Referrer confirms to DTS that the Referrer is not a private individual less than 18 years of age.

16. CHANGES TO THIS AGREEMENT

  1. DTS reserves the right to change this Agreement from time to time, and post the new version at https://referrals.drivingtestsuccess.com/referral-terms and the new version of these terms and conditions will take effect.
  2. For changes to the Agreement that will adversely affect the Referrer, DTS will provide no less than 30 (thirty) days’ notice. If the Referrer no longer wishes to be governed by the new version of the Agreement, they may notify DTS on or before the date when the new version of the Agreement takes effect, and from that date they must cease to participate in the Referral Program. Unpaid earnings above the minimum threshold will be issued to the Referrer. All earnings below the minimum threshold will be relinquished by the Referrer.
  3. For changes to the Agreement that do not adversely affect the Referrer (examples include changes to contact details), then these will come into immediate effect.

17. GOVERNING LAW

This Agreement and the relationship between DTS and the Referrer, is governed by the laws of England and Wales without regard to the conflicts of laws and principles thereof, and the Parties irrevocably submit to the exclusive jurisdiction of the courts of England.

18. KEEPING THIS AGREEMENT

DTS does not separately file the individual Agreements entered into by Referrers when they register for the Referral Program. It is the responsibility of the Referrer to make a copy of this Agreement by printing and/or saving a downloaded copy on your own computer. It is offered in English only.

19. INDEPENDENT PARTIES

You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and DTS.

20. CONTACT

The Driving Test Success App Referral Program is operated by Driving Test Success Limited, a company registered in England and Wales under registration no.13115790 whose VAT registration number is GB368559638.

Our offices are based at Driving Test Success Limited, The Studios, Lea Hall Enterprise Park, Wheelhouse Road, Brereton, Rugeley, Staffordshire, WS15 1LH. All correspondence relating to the Driving Test Success Referral Program should be directed to [email protected].

By entering this agreement you confirm that Driving Test Success Ltd can contact you via email with correspondence relating to the App Referral Program. Any and all contact details shall be used for the purpose of performing this Agreement.