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IN Business Ninjas Affiliate Agreement
Last updated 16th June 2020
This Affiliate Agreement (“Agreement”) contains the complete terms and conditions of the agreement between you (hereinafter “Affiliate”) and IN Business Ninjas Ltd. (“IN Business Ninjas”), a company registered in England & Wales under company registration number 0642400, and whose registered address DPC, Stone Road Business Park, Stone Road, Stoke on Trent regarding your participation in the IN Business Ninjas Affiliate Program (“Affiliate Program”).
Goals and Limitations of this Agreement
1.1. The goal of the Affiliate in the context of this Agreement is to find prospective clients (“Client”), refer them to IN Business Ninjas, and have such Clients enter into an agreement with IN Business Ninjas for the use of the IN Business Ninjas services as defined in the Terms of Service (https://www.inbusinessninjas.co.uk/terms-and-conditions/) (“Referral”).
1.2. The Affiliate is free to choose the means and techniques of contacting and communicating with prospective clients, including organising marketing events and running web and email campaigns, displaying an Affiliate-specific referral code or cookie-based link provided by IN Business Ninjas. However, the Affiliate may not:

use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Affiliate Program, violate any laws (including but not limited to copyright laws) in any relevant jurisdiction;

add “IN Business Ninjas”, and “IN Business Ninjas.co.uk” as negative keywords in any paid search activity, in order to avoid any broad-matching issues;

purchase or register any URLs with the IN Business Ninjas brand name or misspelled words as the web address; use “IN Business Ninjas” (including misspells and variations) as a sub-domain or sub-folder without a written permission by IN Business Ninjas (for example, www.IN Business Ninjas.yoursite.com); use IN Business Ninjas banners or links as pop-ups or pop-unders to Affiliate’s or a third party’s site;

bid or appear on brand searches, misspellings or derivatives of “IN Business Ninjas”;

bid or appear on extended or hybrid brand searches of “IN Business Ninjas” (for example IN Business Ninjas voucher code, IN Business Ninjas discount code);

issue any press release regarding IN Business Ninjas or this relationship, unless specifically agreed between the parties;

in any manner misrepresent or embellish the relationship between IN Business Ninjas and Affiliate (for example, claim that Affiliate develops IN Business Ninjas services, is part of IN Business Ninjas or in any relationship with IN Business Ninjas or any other person or entity, except as agreed between the parties); use fraudulent, illegal, or overly aggressive or questionable sales or marketing methods such as (but not limited to) spam marketing, acquiring prospective customers through unauthorised databases, overuse of intrusive pop-ups, repeated attempts to contact a prospect when the prospect has requested not to be contacted; and

display information regarding IN Business Ninjas and the special terms provided in a format that is accessible by Google search, i.e. the page must be blocked from search indexing, meaning that the page must have a *noindex* meta tag within its HTML code.
1.3 The Affiliate is responsible for ensuring than any activities undertaken comply with GDPR regulations
1.4 IN Business Ninjas will determine the prices to be charged for services sold under this Affiliate Program in accordance with our own pricing policies. Services’ prices and availability may vary from time to time. If the Affiliate chooses to display IN Business Ninjas services’ prices on his/her own website, the Affiliate should keep this information up-to-date with the prices indicated on IN Business Ninja’s website including, without limitation, https://www.inbusinessninjas.co.uk/programmes/.
1.5. Any violation of this Agreement may result in, among other things, termination or suspension of your rights to be an Affiliate and forfeiture of any outstanding affiliate referral fee payments earned as a result of or after the violation.
1.6. The Affiliate is responsible for the accuracy of information provided to prospective Referred Clients, and is responsible for any actions arising out of inaccurate information provided by the Affiliate to Referred Clients unless the information was first provided inaccurately by IN Business Ninjas to the Affiliate.
Application process
2.1. When you apply for the Affiliate Program, you must:

provide accurate answers in the requested fields in the Affiliate Program sign-up form on IN Business Ninja’s website; and agree to be bound by this Agreement.
2.2. IN Business Ninjas may request additional information about you in order to make sure that you qualify for the Affiliate Program. At a minimum, an Affiliate must be familiar with the IN Business Ninjas services.
2.3. IN Business Ninjas is under no obligation to accept you as an Affiliate and may refuse your application for any reason.
2.4. Upon acceptance of the terms stipulated in this Agreement, IN Business Ninjas will activate your Affiliate account (“Affiliate Account”).
Referrals
3.1. Upon activation of the Affiliate Account, you will earn a fee for referring Clients to IN Business Ninjas (“Referral Fee”) subject to the terms and conditions provided in this Agreement.
3.2. You will be entitled to a Referral Fee only if the Client you refer (“Referred Client”):

signs up for IN Business Ninjas services using an Affiliate-specific referral code or cookie-based link provided by IN Business Ninjas; concludes an agreement for using the services provided by IN Business Ninjas (“Client Agreement”); and pays for IN Business Ninja’s services.
3.3.If the Referred Client signs up for IN Business Ninjas services by going to IN Business Ninja’s website directly without entering the Affiliate-specific referral code in the signup form, such Referred Client will not be associated with the Affiliate who referred it to IN Business Ninjas, and therefore the Affiliate will earn no Referral Fee. For the avoidance of doubt, in such circumstances the Affiliate will not be entitled to a Referral Fee.
3.4 IN Business Ninjas reserves the right to change the mechanism it uses to create and track Referrals at any time. IN Business Ninjas will notify the Affiliate of these changes in writing. Affiliate’s continued participation in the Affiliate Program after any such changes shall constitute your consent to such changes.
Referral Fee and Its Payments
4.1. IN Business Ninjas will provide a monthly report via email on Referral Fee due to the Affiliate by no later than the 15th of the month following the end of each month.
4.2. The Referral Fee is 10% (ten percent) of all purchases that the Referred Client makes from IN Business Ninjas during the first twelve (12) paying months of each Client Agreement.
4.3. Any non-GBP denomination Referral Fee will be converted into GBP for payment via Bank Transfer, Using the applicable Bank rate at the time.
4.4 If the accrued Referral Fee is or exceeds fifty GBP (£50), the accrued Referral Fee will be paid to the Affiliate by approximately the 15th of the month following the end of each month via Bank Transfer. If the accrued Referral Fee is less than fifty GBP (£50), the Referral Fee may be further accumulated by IN Business Ninjas until the accrued Referral Fee reaches at least fifty GBP (£50).
4.5 IN Business Ninjas may withhold payments of Referral Fee for a reasonable time to ensure that all Client Agreements are valid and payments from Referred Clients are legitimate as determined by IN Business Ninjas in its sole discretion. In addition, Referred Client payments for annual subscriptions that are cancelled or payments charged-back due to credit card fraud do not qualify for Referral Fee.
4.6. Where the Affiliate believes the Referral Fee has been wrongly calculated, the matter must be brought into IN Business Ninja’s attention by email to accounts@inbusinessninjas.co.uk within five (5) business days of Affiliate receiving the report. Not doing so will constitute Affiliate’s acceptance of the calculation and the payment made based on it.
4.7. The Affiliate is required to submit a monthly invoice to IN Business Ninjas which corresponds to the calculated Referral Fee, plus any applicable taxes.
4.8. Any costs related to the performance of the Affiliate Agreement shall be borne solely by the Affiliate. IN Business Ninjas is not obligated or required to and shall not pay any compensation to the Affiliate other than the Referral Fee.
Taxes
5.1. IN Business Ninjas shall have no responsibility for determining or withholding any taxes applicable to the Referral Fee.
5.2. Affiliate shall be solely responsible for determining whether:

Affiliate or IN Business Ninjas is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the Referral Fee and remitting any such taxes or charges to the appropriate authorities on behalf of itself or IN Business Ninjas, as appropriate; and IN Business Ninjas is required by applicable law to withhold any amount of the Referral Fee and for notifying IN Business Ninjas in writing of any such requirement. Affiliate agrees to fully indemnify IN Business Ninjas against any claims that may be asserted against IN Business Ninjas or any losses IN Business Ninjas may incur in the event Affiliate fails to notify IN Business Ninjas of such requirement (including penalties and interest).
5.3. In the event of an audit of IN Business Ninjas, Affiliate agrees to promptly cooperate with IN Business Ninjas and provide copies of Affiliate’s tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing the Affiliate is engaging in an independent business.
Personal data
6.1. IN Business Ninjas is not obliged to share with Affiliate any of the personal data of the Referred Clients (or any natural persons representing the Clients or providing services or work for them) who have concluded a Client Agreement with IN Business Ninjas.
6.2. If the Affiliate wishes to keep personal data concerning Referred Clients for its own internal use, the Affiliate must obtain prior consent from the respective Referred Clients directly (or any natural person representing the Clients or providing services or work for them).
6.3. IN Business Ninjas will permanently delete Affiliate’s personal data related to the Affiliate account within thirty (30) days upon termination of this Agreement.
6.4. If the Affiliate requests in written form for their personal data related to their Affiliate account to be deleted, IN Business Ninjas will erase such data within thirty (30) days upon the reception of the erasure request.
6.5. Personal data collected in the Affiliate Program sign-up form from Affiliates who have violated the terms of this Agreement is retained for thirty-six (36) months upon the termination of this Agreement to prevent re-registration by the same person or company.
Materials
7.1. IN Business Ninjas may make available to the Affiliate a variety of sales and marketing materials such as logos, brochures, banners, photos, videos etc. (“Materials”), which are subject to the terms and conditions hereof. In utilizing the Materials, the Affiliate agrees to:

only use the Materials only for the purposes of performing their obligations under the Affiliate Agreement;
not to modify, alter or otherwise change the Materials without IN Business Ninja’s prior written consent;
to cooperate fully with IN Business Ninjas in order to maintain the Materials; and to use only the Materials which are provided by IN Business Ninjas, or materials which have been created by the Affiliate and have expressly approved by IN Business Ninjas in advance of use.
7.2. All Materials are the copyrighted property of IN Business Ninjas, its affiliates and/or third party licensors. Furthermore, all trademarks, service marks, trade names, code, data or any other elements contained in the Materials are proprietary to IN Business Ninjas, its affiliates and/or third party licensors and your use of the Materials does not grant to you ownership thereof. All goodwill symbolised by and connected with such use of the Materials will inure solely to the benefit of IN Business Ninjas.
Limitation of Liability
8.1. IN Business Ninjas and any of its officers, directors, employees, shareholders or agents of any of them shall not be liable to Affiliate for any amount or kind of loss or damage that may result to Affiliate or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Affiliate Program.
8.2. If Affiliate’s use of Materials provided under the Affiliate Program results in the need for servicing, repair or correction of equipment, software or data, the Affiliate assumes all costs thereof.
8.3. IN Business Ninja’s maximum aggregate liability under or in connection with this Agreement and the Affiliate Program, whether in contract, tort (including negligence) or otherwise (a “Claim”), shall be limited to a sum equal to the aggregate amount which IN Business Ninjas is obliged to pay Affiliate in the twelve (12) month period immediately prior to the period giving rise to such Claim.
Miscellaneous
9.1. The Affiliate Agreement shall become effective as of sign-up to the Affiliate Program and will end when terminated by either party. Either you or IN Business Ninjas may terminate the Affiliate Agreement at any time in its sole discretion, without cause, by giving the other party a notice of termination at least fourteen (14) days in advance. Notice by e-mail, to your address on the IN Business Ninjas records, is considered sufficient notice to terminate the Affiliate Agreement. Upon termination of the Affiliate Agreement, IN Business Ninjas will pay to the Affiliate any legitimate outstanding Referral Fees. In addition, unless IN Business Ninjas has terminated the Agreement as a result of Affiliate’s breach of the Agreement, in which case, IN Business Ninjas shall have no obligation to pay Referral Fees accrued after the termination of Affiliate Agreement.
9.2. IN Business Ninjas reserves the right to terminate the Affiliate Agreement with immediate effect with any Affiliate who IN Business Ninjas reasonably believes has violated this Agreement or applicable laws. Such violating Affiliate shall not be entitled to any accrued by and unpaid Referral Fees.
9.3. Affiliate and IN Business Ninjas are independent contractors, and nothing in this Affiliate Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliate has no authority to represent or act on behalf of IN Business Ninjas, including to make or accept any offers or representations or payments on IN Business ninjas’ behalf.
9.4. IN Business Ninjas reserves the right to update and change the terms of this Agreement from time to time with a ten (10) day notice via email. Any amendments, modifications, enhancements, or changes to the Affiliate Program including the release of new features and resources made available by IN Business Ninjas from time to time shall be subject to these terms. Continued participation in the Affiliate Program after any such changes shall constitute your consent to such changes. You can review the most current version of this Agreement at any time at: https://www.inbusinessninjas.co.uk/affiliates/affiliate-agreement. In the event you do not consent to such changes and instead elect to terminate this Agreement, then provided you are not in breach of the Agreement at the time of termination, IN Business Ninjas shall pay you any Referral Fees that accrue based on the terms in effect immediately prior to your termination.
Applicable law and jurisdiction
10.1. The Affiliate Agreement shall be governed by and construed in accordance with the laws of England & Wales, without giving effect to any principles of conflicts of law. Unless otherwise agreed in writing by the Affiliate and IN Business Ninjas, any dispute arising out of or relating to the Affiliate Agreement, or the breach thereof shall be governed by the terms set forth in Section 10.2 below.
10.2. Parties will first act to resolve the dispute in good faith. The parties will consider Alternative Dispute Resolutions as well as formal court proceedings where appropriate, should an agreement not be reached. By accepting this Agreement, the Affiliate confirms that it has reviewed the IN Business Ninjas Affiliate Agreement and agrees to the terms and conditions stipulated therein. If you are entering into this Agreement on behalf of an entity, such as your employer or the company you work for, you represent that you have the legal authority to bind that entity.