These Affiliate Partner Terms & Conditions (the “Terms”) apply between Gamine Limited (trading as Lifetise) incorporated and registered in England and Wales with company number 08202314 whose registered office is at Kemp House, 160 City Road, London EC1V 2NX (“Lifetise” or “We”) and the individual or organisation named in the Affiliate Partner Form (“Affiliate” or “You”). The Affiliate Partner Form and these Terms shall together form the “Agreement”.
“Accepted Customer” means a Customer who subscribes for a paid membership plan (or other Lifetise product which We tell You in writing is eligible for Commission) (the “Lifetise Products”) using the Affiliate’s Referral Code.
“Affiliate Channels” means any app, website or social media channels You use to promote the Lifetise Products, as specified on the Affiliate Partner Form.
“Affiliate Partner Form” means the form at lifetise.com/affiliate-partner-form (or such other URL) that you completed to request becoming an Affiliate.
“Commission” means the commission payable by Lifetise to You under this Agreement as set out in Section 4.
“Customer” means an individual registered user of Lifetise’s technology products.
“Customer Data” means all personal data relating to a Customer that is collected by the other Party.
“Lifetise IPR” means any intellectual property rights, including but not limited to, inventions (whether patentable or not), patents, trademarks, service marks, logos, get-up trade names, copyright (including rights in computer software), moral rights, design rights, registered designs, trade or business names, domain names, know-how, database rights and topography rights, whether registered or unregistered (including any applications for registration), and in each case any goodwill attaching to such right and all rights or forms of protection of a similar nature in any country;
“Lifetise Website” means the website at lifetise.com (including all of the content, data apps and technology contained there or derived from there) as well as any additional websites or app that Lifetise develops or owns.
“Privacy Laws” means the Data Protection Act 2018, the General Data Protection Regulation, the Electronic Communications Data Protection Directive (2002/58/EC) and all applicable laws, regulations and regulatory guidance relating to the processing of personal data and privacy in any relevant jurisdiction
“Promotional Materials” means any graphics, copy or other promotional material We provide to You.
“Referral Code” means the unique referral code provided by Lifetise to You which indicates that a particular Approved Customer has been referred by You.
2 How the Affiliate Partner program works
2.1 This Agreement only comes into effect once We have approved You for the Affiliate Partner programme by issuing You with a Referral Code. If we do not issue You with a Referral Code then You are not an Affiliate for Lifetise and We will not be bound by the terms of this Agreement.
2.2 You can refer potential Customers to the Lifetise Website through the Affiliate Channels. If those Customers become Accepted Customers, through purchasing a qualifying Lifetise Product, we will pay you a Commission.
3 What You can and cannot do
3.1 When promoting Lifetise Products to potential Customers, You can use the Promotional Material We give You. If You want to create your own material, please just check with your Lifetise contact that it is approved.
3.2 You can only use the Promotional Material to promote Lifetise Products, not for any other purpose. When You link to the Lifetise Website You must use the standard URLs (or any unique URLs that we give You). You must not link our Promotional Material to any other website except the Lifetise Website.
3.3 Your Referral Code is unique to You. You cannot share it or transfer it to anyone else. We have the right to suspend or cancel Your Referral Code at any time for any reason. If We do that, we will still pay you for any Accepted Customers prior to the date of suspension or cancellation.
3.4 You do not have any authority to bind Lifetise in any way, so you must not do anything which might reasonably create the impression that You can bind Lifetise. You agree to keep the interest of the Customer in mind, always treating the Customer fairly and not saying or doing anything misleading to the Customer or to Lifetise.
3.5 Lifetise is not an authorised or regulated financial adviser and we do not provide financial advice. You must not refer to us as a ‘financial adviser’ or use any language or give the impression that we provide financial advice. You can say that we provide ‘financial guidance’ or ‘life planning’.
4 What Lifetise will do for You
4.1 We will provide You with the Promotional Materials and Your Referral Code once you have been approved as an Affiliate. We will make sure that the Promotional Materials are accurate and We will let you know if We make any changes to any Lifetise Products.
4.2 We will pay you a Commission for each Accepted Customer. The Commission rate (and any restrictions that apply) is set out in the Affiliate Partner Form. We will calculate the Commission payable to You on a monthly basis and pay it to You within 14 days of the following month to the bank account You provided in the Affiliate Partner Form.
4.3 Unfortunately, if a Customer does not input your Referral Code when they subscribe or purchase a Lifetise Product, then we are not able to attribute that Customer to You or pay You Commission for that Customer. So please make sure that all of the Customers that You refer to Lifetise use your Referral Code.
5 Lifetise IPR
5.1 Lifetise exclusively owns all Lifetise IPR in the Lifetise Website, the Promotional Materials and in the Lifetise name, logo and other branding. Lifetise grants You a limited, revocable, royalty-free licence for the duration of this Agreement to use the Promotional Materials and to link to the Lifetise Website as long as you comply with this Agreement. We can cancel this licence at any time for any reason and You must stop using the Promotional Materials and remove any links to the Lifetise Website.
5.2 You do not have any rights in or to the Lifetise IPR except the limited licence above. You must not try to claim any ownership rights in the Lifetise IPR.
You warrant (promise) that:
6.1 Your Affiliate Channels do not contain any materials that are obscene, pornographic, defamatory, libellous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise), hateful, threatening, graphically violent, unlawful or infringing of any third party rights;
6.2 You will comply with all applicable laws and regulations, including all Privacy Laws and online advertising laws and regulations.
6.3 You will only use the Promotional Materials to promote Lifetise Products and not for any other purpose. You will not misuse the Lifetise name or logo or other branding. You will not register any domain name or trade marks incorporating or similar to the Lifetise name or logo. You will not make any ownership claim of any Lifetise IPR. You will not use the Lifetise name in any PPC or keywords for online advertising or web search.
6.4 You will not say anything disparaging about Lifetise or the Lifetise Products, or do anything to harm Lifetise’s reputation, and You will act in Lifetise’s best interests at all times.
7 Customer Data
7.1 The terms “data controller”, “personal data” and “process” have the meanings given to them in the Privacy Laws.
7. 2 Each party agrees to comply with the Privacy Laws that apply to it under this Agreement. Each party is a data controller for all Customer Data it processes under this Agreement. You shall not do anything that would cause Lifetise to be in breach of its obligations under Privacy Laws. Each party agrees to co-operate with the other in relation to any complaint or enquiry from a Customer in relation to the processing of their personal data.
8.1 You agree You will not at any time during this Agreement, and for a period of four years after termination of this Agreement, disclose to any person any confidential information concerning Lifetise’s technology, business, affairs, customers, clients or suppliers unless We have given You written permission.
8.2 You will only use Lifetise confidential information to the extent you need to, to perform your obligations under this Agreement, and not for any other purpose.
9 Limitation of Liability
9.1 Nothing in this Agreement limits or excludes the parties’ liability for death or personal injury caused by its negligence by its officers, employees, agents or contractors; or for fraud or fraudulent misrepresentation by its officers, employees, agents or contractors
9.2 Lifetise shall not be liable to You for any loss of profits; loss of sales or business; loss of agreements or contracts; loss of anticipated savings; loss of or damage to goodwill; loss of use or corruption of software, data or information; or any indirect or consequential loss.
9.3 Lifetise’s total liability to You, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this Agreement shall be limited to the amount of 100% of the Commission You earned in the previous 6 months.
10 Start Date and Termination
10.1 This Agreement starts on the date Lifetise issues You with a Referral Code. Either party can terminate this Agreement by giving 14 days’ notice. We will pay You any Commission You have earned on Accepted Customers who subscribe before the last day of that notice period.
10.2 Either party can terminate immediately if the other party commits a material breach of any term of this Agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 14 days after being notified in writing to do so; or if the other party becomes insolvent or ceases to carry on its business.
11.1 This Agreement is personal to You. You may not assign, transfer or subcontract it or any of your rights or obligations to any other person or entity.
11.2 Any notice or other communication under this Agreement shall be in writing and shall be sent by email to the address in the Affiliate Partner Form.
11.3 This Agreement is the entire agreement between the parties with regard to their subject matter and no other terms, conditions, warranties or statements (unless fraudulent) will apply.
11.4 Any variation to this Agreement must be in writing and signed on behalf of both parties.
11.5 No person other than a party to this Agreement shall have any rights to enforce any terms of this Agreement. Nothing in this Agreement shall create (or be deemed to create) a partnership or agency between the parties.
11.6 This Agreement may be executed in any number of counterparts, which shall each constitute an original and together constitute one agreement. This Agreement may be executed electronically with click-to-execute of the Affiliate Partner Form and does not require the signatures of the parties.
11.7 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales to settle any such dispute or claim.
Terms last updated: 14 December 2020