Terms and Conditions For Affiliate Programme
For Affiliate Programme
Affiliate Agreement Terms and Conditions
Please READ Carefully as you agree to abide by all the terms herein.
By participating in promotional marketing for our affiliated products and services (herein referred to asβ “Affiliate Programme”) conducted by In Good Company (herein referred to as “Our,” “We” “Ours” or “Us”), You (herein referred to as “You”) agree to the following Terms and Conditions (herein referred to the “Agreement”):
(1) OBLIGATION OF THE PARTIES
- a) You shall have the opportunity to promote our affiliated products and services in accordance with the terms of this Agreement.
- b) You shall promote and market our affiliated products and services using promotional materials supplied or approved by In Good Company. Promotional material (emails, social media posts) must be consistent with In Good Company’s branding and shall not be false or misleading.
- c) You shall direct potential purchasers of our affiliated products and services to the dedicated links provided by In Good Company
- d) You agree to conduct yourself in compliance with all applicable laws, rules and regulation.
(2) COMMUNICATION RULES
You agree and understand that if your marketing, websites, emails or any other communications associated with or for our affiliated products and services are deemed inappropriate at the sole discretion of In Good Company, you will be in violation of this Agreement. You will then be removed from this Affiliate Programme and will not receive recognition, payments or any other compensation or communication from In Good Company.
“Inappropriate” is defined as communication that:
- a) contains, promotes or links to sexually explicit or violent material
- b) promotes, depicts or links to material that promotes or depicts discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age, or any other characteristic in any way that has the potential to cause offence;
- c) contains unlawful material, including but not limited to materials that may violate another’s intellectual property rights, or links to a site that contains such material;
- d) contains information regarding, promotes or links to a site that provides information or promotes illegal activity;
- e) uses or embeds In Good Company’s videos, images, banners, likeness, brand name or website in a way that may cause market and a consumer likelihood of confusion to the source and ownership of the material;
- f) offers a cash incentive or discount on product(s) as a means of promotion or
- g) for any other reason that In Good Company deems inappropriate.
(3) LINKS AND MARKETING
We will provide you with unique URL Links (herein referred to as “Links”) for promotion, and at times may provide related banners, graphics, or text ads necessary to promote and offer our affiliated products and services to your audience and customers with our websites or emails.
You may ONLY use the link provided by the us on your websites, emails and marketing owned and maintained by the you, your brand or your social media pages. You can not use them in our communities and with our current clients.
You may NOT post your link on other websites that are not owned by you except ads or social media placements.
You may not re-target audiences created by the placement of your pixel on these pages. Violation of this policy will result in the immediate termination of your status with us, and your forfeiture of all commissions earned or anticipated.
β(4) SPAM AND UNSOLICITED EMAIL
You may NOT spam or send any unsolicited email to any party when acting as an affiliate for us.
If you are caught spamming, you will be removed from the affiliate programme, your commissions or pending commissions will be cancelled and/or forfeited. “Spam” or “Spamming” is defined as emailing, messaging or contacting anyone who has not requested information via email or any website and also includes sending links to search engines. Spamming with links outside of your direct email list, websites or social media pages will be considered a violation of this Agreement and you will be removed from this Launch and this Agreement will be terminated immediately without payment of your commissions.
(5) EARNING DISCLAIMER
You accept and agree that you are fully responsible for your progress and results from your participation in this Affiliate Programme. We offer no representations, warranties or guarantees verbally or in writing regarding your earnings or results. By participating in our affiliate programme you understand because of the nature of the programme and extent, the results experienced by each person may significantly vary.
Any statements outlined on our websites, programmes, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice and your participation in this programme will not treat, diagnose or cure any disease.
(6) COMMISSIONS PAYMENTS
Only sales tracked through the Link will count towards the Commissions. Having a conversation with somebody who then goes onto book does not constitute an affiliate sale.
If you recommend someone to book onto our programme and they are corporately funded, you need to make us aware of the recommendation in advance of them booking for commission to be applied.
The commission payments that you will receive for each of our products and services are available to view in the KAJABI Affiliate Portal. You can access that here: https://www.igcompany.co.uk/affiliate_users/sign_in
Commission paid will vary depending on number of sales, and dependent on whether the product or service is paid in full, or purchased on a payment plan.
Accrued commissions will be based on actual payments received from the customer and will be paid out on a quarterly basis that begins after the refund period concludes. βAll payment processing shall be performed by In Good Company.
Your Commission due will be determined monthly through internal reporting and any payments are applied after the refund period has expired.
You will not be paid commissions on any sales attributed to spam or credit card fraud.
It is your responsibility to ensure that you use the current and live links when you are recommending our products and services. In Good Company are not responsible for the usage and maintenance of affiliate links.
If a customer clicks on the links of multiple Affiliates, the Affiliate who is the last referral source before the sale will receive the commission. For each sale, commission can only be granted to one Affiliate.
You may not purchase In Good Company products and services for your personal, non-commercial use through your link and receive commission on that sale. Affiliate commissions are counted and sales numbers are deemed final at the sole discretion of In Good Company.
Commission payments (herein referred to as “Commissions” or “Commission”) will be sent to you via bank transfer or PayPal. The commission you receive is a flat fee, we do not alter the amount for VAT where you are VAT registered.
We make every reasonable effort to accurately track and pay commissions for all sales but will NOT be held liable for any technical difficulties, outside events, actions by other partners or other uncontrollable events that may disrupt or interfere with our ability to track sales or pay commissions.
Under no circumstances will we be held liable for any indirect, incidental, special or consequential damages or any loss of revenue or profits that result you’re your participation in this Affiliate programme.
(7) NO TRANSFER OF INTELLECTUAL PROPERTY
All intellectual property, including In Good Company’s copyrighted materials, trademarks, trade secrets and service marks shall remain solely and exclusively the property of the In Good Company UK Ltd. No transfer of these rights is granted or implied.
You agree not to infringe on any intellectual property rights. Further, you agree that if you violate, or display any likelihood of violating, any of the agreements contained in this paragraph, we will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
You may not use ANY copyright, trademark, service mark, or general branding of the In Good Company without full disclosure and permission from In Good Company.
You may not:
- a) read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any person or entity;
- b) take any action that could reasonably cause a likelihood of confusion as to your relationship with us, or as to the site on which any functions or transactions (e.g., search, order, browse, etc.) are occurring;
- c) frame your website to look like the In Good Company’s website or to use In Good Company branding in any way that would cause a likelihood of confusion with customers or the general public as to who is hosting or promoting such a website; or
- d) seek to purchase or register any keywords, search terms or other identifiers related to the trademarks of In Good Company or the trade or service marks or names of our primary competitors, including misspellings or variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service unless otherwise agreed to by the us;
- e) seek to purchase or register any domains or other identifiers that include variations on the trade or service marks or names of In Good Company intended to approximate misspellings or typographical mistakes of same or which otherwise would constitute typo or domain squatting, including variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service unless otherwise agreed to by us.
(8) RELATIONSHIP OF PARTIES
Nothing in this Agreement shall be deemed to create a partnership, joint venture, agency relationship, or employment relationship between the Parties. You are an independent contractor and responsible for any and all income taxes, self-employment taxes, sales tax, VAT.
(9) CONFIDENTIALITY
You agree NOT to share, use, copy, adapt, alter, distribute, duplicate, or part with possession of any of our confidential information which is not directly approved by the us in writing, or any confidential information that is disclosed or otherwise comes into its possession under or in relation to this Agreement.
Confidential information includes, but is not limited to: sales figures, software passwords, our list size, list contents, ideas, stories, activities, curriculum, event format, presentation materials, presentation content, inventions, financial information, business plans, business processes, marketing plans, marketing strategies, marketing copy, financial projections, customer lists, customer financial information, personal information of executives, sponsorship strategies, relationships with other vendors, media delivery concepts and systems, including, but not limited to, web-based delivery systems, technical data, software designs, drawings, specifications, models, source code, object code, documentation, diagrams, flow charts, and other similar information that is proprietary to and confidential information of the Promoter. Confidential Information shall not include information rightfully obtained from a third party.
All customer information collected during the affiliate process is owned by In Good Company and may or may not be shared with you. You shall not disclose the terms of this Agreement to any third party unless required by law or jurisprudence.
Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
Further, you agree that if you violate or display any likelihood of violating this section we will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
(10) INDEMNIFICATION AND LIABILITY
You shall defend, indemnify, and hold harmless In Good Company, our officers, employers, employees, contractors, directors, related entities, trustees, partners, and successors from and against any and all liabilities and expense whatsoever. This includes without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements - which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or wilful misconduct by Company, or any of its shareholders, trustees, partners or successors. You shall defend In Good Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. You recognize and agree that all of the In Good Company’s shareholders, trustees, partners and successors shall not be held personally responsible or liable for any actions or representations of the Affiliate.
(11) TERMINATION
We reserve the right to dismiss and terminate you from the Affiliate programme, cancel pending commissions and to amend this Agreement at any time with or without notice to You. You must give 30 days written notice to us to terminate this Agreement. Upon termination, it is understood that the Confidentiality and Indemnification clauses above will remain in effect for perpetuity.
(12) FORCE MAJEURE
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, travel advisory, labour strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
(13) ASSIGNMENT
This Agreement may not be assigned by you.
(14) SEVERABILITY
If any provision or covenant, or part thereof, of this Agreement should be held by any court or other legitimate tribunal with appropriate jurisdiction to be invalid, illegal or unenforceable, either in whole or in part, such invalidity, illegality or unenforceability shall not affect the validity, legality or enforceability of the remaining provisions or covenants, or any part thereof, of this Agreement, all of which shall remain in full force and effect.
(15) ENTIRE UNDERSTANDING AND DISPUTE
This Agreement constitutes the entire understanding of the Parties and may only be only modified by In Good Company where notification will be sent to you through the email address provided by you to us.
This Agreement shall be construed and interpreted according to the laws of the United Kingdom and shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives; and references to the In Good Company and to you shall include their heirs, successors, assignees, and personal representatives.