“Our services”: the 1-to1 tutoring that we provide to customers
“We”: referring to ‘we’ at Mission Medicine
"the Merchant": Mission Medicine
“Affiliate”: you the Affiliate
"Converted Lead": a customer who purchases a minimum of 5 hours tuition
By referring a customer to us we agree that, should a customer go on to use our services, we will pay you the agreed sum of £50 per individual referral. This only applies to the customer's first purchase and not to any subsequent use of our services. We will pay you the agreed sum of £50 within one month of the customer's purchase. The minimum purchase necessary is 5 hours of tuition purchased as one package. If the customer requests a refund within the mandatory 14 days set out by UK law, we are under no obligation to pay you the agreed sum.
We take no responsibility for any erroneous or incorrect payment details or customer details provided by yourself at any point during your time with us as an Affiliate. It is the Affiliate's responsibility to ensure that all details are entered correctly in all the relevant forms.
All payments will be made monthly at a time best suited to the Merchant’s accounts department with the month deadline to payment beginning 14 days from the date of purchase by the customer.
Your correct payment details must be submitted within 7 days of referring someone to us, using the relevant form. If the correct payment details are not submitted in the former time frame, we are under no obligation to contact you and this may result in you not being paid for your referral.
Data Protection and Privacy
All personal data (as defined by the Data Protection Act 2018, the UK’s implementation of the General Data Protection Regulation) processed and utilized by Mission Medicine and the Tutor(s) involved in the provision or our service, warrant that they shall comply with the Data Protection Legislation and any relevant regulations included in the Act.
Promotional Content and Website links
The Affiliate is authorised on a non-exclusive basis to promote the Merchant services to its website visitors using the Promotional Content.
The Merchant agrees to provide the Affiliate with the Promotional Content solely for the purposes of promoting the Merchant services. Use of the Merchant’s Promotional Content is subject to the restrictions of this Agreement and the Merchant can object to any use of Promotional Content if it deems the use to be in appropriate or inaccurate or for any other reason in its absolute discretion.
The Merchant is not liable in any way for any claims relating to use of the Promotional Content by the Affiliate and the Affiliate agrees to indemnify the Merchant against all and any claims, damages, losses, liabilities, costs and expenses relating to the Affiliate’s use of the Promotional Content.
Tracking of End Users and Compliance
The Affiliate will use and implement reasonable tracking mechanisms in order to permit the Merchant to accurately track Converted Leads. This includes using the agreed system, including the referral form.
In performance of its obligations under this Agreement, the Affiliate will comply with all applicable laws and regulations, including consumer protection and unfair trading regulations and shall not engage in any fraudulent activities such as cookie stuffing or link interception. The Affiliate acknowledges that any editorial content about services must be accompanied by a prominent statement that the affiliate is being paid to promote the services.
The Affiliate undertakes and covenants that at all times he will comply with the requirements of the Data Protection Act 2018 in respect of recording a customer's details or obtaining or making use of email addresses.
The Merchant hereby grants the Affiliate, for the term of this Agreement, a limited, revocable, non-exclusive, non-transferable, royalty-free licence to:
a. use and reproduce the Promotional Content in strict compliance with this Agreement; and
b. display the Promotional Content on the Affiliate’s website and with such other guidelines as may be identified by the Merchant from time to time solely for the purpose of marketing the Merchant services as provided in this Agreement.
The Affiliate must not alter or permit alteration of, or remove or modify or permit removal or modification of, any of the Promotional Content, or other identifying marks placed by the Merchant or its agents on the services or associated documentation or literature, without the Merchant’s prior written approval. Except as specifically provided in this Agreement, nothing in this Agreement gives the Affiliate any right, title or interest in any of the Promotional Content, services, any underlying intellectual property, or goodwill of the Merchant. The Affiliate acknowledges that the Promotional Content, services, any underlying intellectual property, and any related goodwill are the sole and exclusive property of the Merchant. The Affiliate must not, during the term of this Agreement and afterwards, challenge or assist others to challenge the Promotional Content or its registration or attempt to register any trademarks, service marks, marks, trade names or domain names that are in any way confusingly similar to the Promotional Content.
The Affiliate agrees that it will cease using the Promotional Content immediately upon request, and this license terminates automatically when this Agreement terminates.
Each party will only use Confidential Information to perform its obligations under the Agreement and will not cause or allow the information to be disclosed except:
a. where required by law, court order or any governmental or regulatory body;
b. to any of its employees, officers, sub-contractors, representatives or advisers who need to know the information in order to discharge its obligations under the Agreement and agree only to use the information for that purpose and not to cause or allow disclosure of that information;
c. where the information has become generally available to the public (other than as a result of disclosure in breach of the Agreement by the party or any of its employees, officers, sub-contractors, representatives or advisers);
d. where the information was available or known to it on a non-confidential basis before being disclosed under the Agreement; or
e. where the information was developed by or for it independently of the Agreement and is received by persons who are not the disclosing party.
Changes to Merchant services
The Merchant can change any terms of the Merchant services including pricing. The Affiliate must immediately replace existing Promotional Content with any updated Promotional Content as provided by the Merchant.
Each party shall, at its own expense, ensure that it complies with and assists the other party to comply with the requirements of all legislation and regulatory requirements in force from time to time relating to the use of personal data, including (without limitation) (i) any data protection legislation from time to time in force in the UK including the Data Protection Act 1998 or 2018 and any successor legislation; and (ii) for so long as and to the extent that the law of the EU has legal effect in the UK, the General Data Protection Regulation ((EU)2016/679) and any other directly applicable EU regulation relating to privacy. This clause is in addition to, and does not reduce, remove or replace, a party’s obligations arising from such requirements. The Affiliate must not sell or pass on any Converted Lead data to any third party.
Governing law and jurisdiction
This Agreement will be governed by and interpreted according to English and Welsh law. All disputes and claims arising under the Agreement (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the English and Welsh courts.