Terms and conditions

Terms and conditions for joining the Trade SMARTY Programme

All the things you need to know now that you’re a Trade SMARTY SIM distributor. 

By signing up to the Trade SMARTY Programme you accept these terms.

  1. The Trade SMARTY programme (“Programme”) is open to UK residents (England, Scotland, Wales and Northern Ireland), aged 16 years or over (“Participants”).

  2. Participants shall act as a non-exclusive representative of SMARTY in order to introduce prospective customers to SMARTY for the SMARTY services.

  3. Under the programme, Participants who choose to sign up will receive rewards for SIMs ordered through the Programme which are connected by a SMARTY customer (“Customer”) and renewed for the second and third month. 

  4. Participants will receive monthly rewards when a Customer renews their SMARTY plan in month two and three only as outlined below. The month three reward will vary depending on the plan chosen by the Customer upon their third renewal. SMARTY (“Promoter”) reserves the rights to change rewards and incentives available for each plan at any time.





    SMARTY PLAN
    INITIAL SIM ACTIVATION
    MONTH 2 RENEWAL
    MONTH 3 RENEWAL
    TOTAL COMMISSION PER ACTIVATION
    X-SMALL
    £0.00
    £5.00
    £1.25
    £6.25
    SMALL
    £0.00
    £5.00
    £2.50
    £7.50
    MEDIUM
    £0.00
    £5.00
    £5.00
    £10.00
    LARGE
    £0.00
    £5.00
    £7.50
    £12.50
    UNLIMITED
    £0.00
    £5.00
    £12.50
    £17.50





  5. Participants can also earn bonus payment rewards (“Bonus Payment Rewards”) each month, should they reach the activation target to trigger bonus payments, as outlined below.  SMARTY (“Promoter”) reserves the rights to change rewards and incentives available for each plan at any time.


    TOTAL NEW ACTIVATIONS PER MONTH
    ADDITIONAL COMMISSION PER MONTH
    50-99 Activations
    Up to £50 (£1.00 per activation)
    100-199 Activations
    Up to £125 (£1.25 per activation)
    200+ Activations
    Up to £300 (£1.50 per activation)


  6. Any and all undisputed and accrued renewal rewards will be paid to Participants as close as possible to the 10th working day of the month, two months following the month in which the reward was earned. They will be paid by electronic transfer into the bank account nominated by the Participant for this purpose.


  7. Participants are responsible for:

a. Providing the Programme with correct and up-to-date contact and bank account details. If a Participant fails to do so, he/she may not receive payment under the Programme. SMARTY accepts no responsibility for such occurrences;

b. Keeping the details provided in their Programme account complete and accurate at all times. SMARTY reserves the right to request proof of any Participant’s identity or bank account details at any time. If the Participant fails to respond to this request within the reasonable time period specified, SMARTY may close that Participant’s Programme account with immediate effect, whereupon the Participant will cease to have any rights under these terms and conditions;

c. Keeping Programme account log-in details secure. SMARTY will not be responsible for loss, damage or any other issues arising out of unauthorised access to any Participant’s Programme account;

d. Keeping a record of payments made to them. SMARTY is not liable for any loss of payment;

e. Complying with any additional terms and conditions imposed on them by their nominated bank account; and) any tax liability in their country of residence incurred as a result of taking part in the Programme.



8. Note that a Participant shall forfeit their entitlement to any rewards accrued but not yet paid under the Programme if he/she:

a. Fails to provide correct bank details within ninety days of any reward being earned; or

b. Closes their Programme account or their Programme Account becomes inactive following 6 months’ inactivity.



9. SMARTY shall not pay a Bonus Payment Reward regardless of the activation threshold being reached where the activations accounted for in that month include fraudulent transactions which take the total activations below the threshold required to trigger payment. Should fraudulent transactions become apparent following payment of the Bonus Payment Reward subsequent payments will be adjusted accordingly.

10. The standard monthly SIM allowance for a Participant, unless otherwise agreed, will be 30 SIMs. The SIMs can be ordered from the Participants Programme account and Participants should allow approximately 14 days for delivery.


11. Participants may, in their sole discretion, sell a SIM to a Customer provided that the Customer is a registered business. SIM’s may be sold to a registered business for a maximum price of £1 (inc VAT) only. For clarity, SMARTY SIM’s must be given free of charge where the Customer is a private individual.  SIMs should be activated in the UK.


12. Only SIMs ordered from the Participant’s account through the Programme website are capable of producing rewards.


13. The right of Participants to receive payment is subject to their on-going compliance with these Terms and Conditions and the SMARTY Terms and Conditions. SMARTY may, at its sole discretion, suspend or remove a Participant from the Programme at any time and without notice, and withhold or seek reimbursement of, or payment from any Participant in any reasonable circumstances, including but not limited to the following:

a. If the Participant has breached these or any other applicable terms and conditions;

b. If SMARTY suspects or has reasonable grounds to believe that the Participant has provided incorrect or misleading information to any member or to SMARTY;
c. If any Customer tops up SIM Cards provided by the Participant using a stolen, invalid or expired credit or debit card or SMARTY is required to refund a credit or debit card provider in respect of any SIM top ups;
d. If SMARTY suspects the Participant is otherwise misusing or interfering in any way with the Programme or the SMARTY Network
e. If SMARTY receives a complaint about a Participant or if the Participant uses third parties/sub-distributors/agencies to distribute SIM’s on their behalf; or
f. If the Participant has otherwise engaged in conduct which in Smarty’s reasonable opinion may breach any law or regulation or be detrimental to SMARTY’s reputation.


14. No Waiver: Payment by SMARTY of a reward should not be construed as an acknowledgement by SMARTY that all criteria for the payment of the reward have been met.


15. Repayment of rewards: Any amount that SMARTY calculates the Participant is liable to pay or repay to SMARTY in accordance with these Terms and Conditions shall constitute a debt to SMARTY and notwithstanding termination of this agreement shall be immediately repayable by the Participant to SMARTY. Unless otherwise notified by SMARTY and in addition to any remedies available at law, SMARTY is entitled, without prior notice, to set off the amount of any debt payable to SMARTY under these Terms and Conditions against any future payments that are or might become owing by SMARTY to the Participant.

Participant must repay to SMARTY any amount paid to Participant with the sum being strictly required under the these Terms and Conditions.


16. Any individual’s personal information obtained under this Programme will be used in accordance with SMARTY’s Privacy Policy, which is available at help.smarty.co.uk/all-about-smarty/terms-conditions.


17. Participants are prohibited to sign up more than one account for themselves or register on behalf of other Participants. Participants’ despatch address and bank details must only be registered to one account. If the Promoter suspects that a Participant has attempted to open and / or use more than one account, the Promoter has the right to suspend any suspected accounts including the Participant’s original account without notice. Participants may be required to provide proof of identification if the Promoter suspects that Participants are using or attempting to use more than one account.


18. SMARTY accepts no responsibility for any incorrectly completed, lost or delayed registration applications, notices, acceptances or other documents related to the Programme.


19. Reward payments remain at the discretion of the Promoter. The Promoter reserves the right to change / alter the commission structure (including reward value) at their discretion and without notice.


20. SIMs ordered through the Programme must not be used to send unsolicited communications. Participants must not use the SIM cards in this way, or permit others to do so. Any SIMs ordered through the Programme found to be sending unsolicited messages will be disconnected and Participants will be suspended from the programme without notice. Any commission owed on the disconnected SIMs will not be honoured and any commission owed during the participant’s suspension period will not be honoured.


21. Participants must not put any pressure on potential customers, nor send them unsolicited correspondence, regarding the connection or renewal of SMARTY SIMs distributed by Participants under the programme.


22. Participants shall not make any representations or warranties in respect of the SMARTY services without SMARTY’s prior written consent nor incur any liability on behalf of SMARTY. Participants shall observe and comply with all relevant legislation and any direction from SMARTY.


23. Participants shall undertake any training deemed necessary by SMARTY. Participants shall read all SMARTY product information supplied by SMARTY in order to fulfil their obligations under these Terms and Conditions and in order to (i) provide Customers with clear accurate information regarding the SMARTY services in accordance with OFCOM and Consumer law requirements; (ii) to prevent mis-selling.


24. Participants shall not collect any Customer personal data for any reason. This shall include but not be limited to any Customer payment information and any type of data that can be used to directly or indirectly identify a Customer.


25. SMARTY intellectual property and marks (the “SMARTY IP”) are the property of Hutchison 3G UK Ltd. Participants acknowledge their right to use the SMARTY IP is only as expressly set out by SMARTY and use does not give Participants any rights, title or interest in the SMARTY IP.


26. SMARTY may amend, suspend, withdraw or terminate the Programme at any time and for any reason on at least 30 days’ notice, which will be provided by email to Participants and/or on the Programme website. Any rewards genuinely accrued before the date on which the Programme is amended, suspended, withdrawn or terminated as appropriate will be paid as provided by these terms. On termination Participants must immediately cease to promote and market the SMARTY services and either return or destroy (at SMARTY’s election) any remaining SIM’s and related materials.


27. The Participant shall fully indemnity SMARTY from and against any losses, damages, costs (including legal fees) and expenses suffered or incurred by SMARTY as a result of or in connection with any claim or action arising out of any breach of these Terms and Conditions.


28. These terms and conditions should be read in conjunction with the SMARTY Terms and Conditions at https://help.smarty.co.uk/all-about-smarty/terms-conditions. Where there is conflict between the two sets of terms, the SMARTY Terms and Conditions shall take precedence.


29. All decisions by SMARTY on matters relating to the Programme are final and no correspondence will be entered into.


30. The Programme is governed by English law. The Promoter is Hutchison 3G UK Limited trading as SMARTY, Star House, 20 Grenfell Road, Maidenhead SL6 1EH.

Dated: March 2019