Partnership agreement

Last updated: September 6, 2023

This partnership agreement allows you to earn a commission by referring customers to Timetastic. Once you’re approved we’ll provide you with marketing assets and a link that you can use on your website, blog, or in email newsletters.

The scheme is managed through Rewardful, so you’ll need an account with them too.

Definitions

When we say “we”, “us” or “our” in this agreement, we mean the company registered in England and Wales, Timetastic Ltd.

When we refer to ‘Timetastic’, it’s our product, the service we provide, and that includes any product or website created and maintained by us, whether that’s available through your web browser, a desktop or mobile application.

When we use the words “you” or “your” we’re talking about the entity or person who wants to be a partner, who agrees to be bound by this agreement to refer clients to Timetastic.

Partners usually advertise on their website. When we say “website” - we also mean any other medium where you advertise Timetastic, could be email, blogs, podcasts etc.

When you sign up to this partnership program through Rewardful, you’re signifying that you accept and agree to be bound by the terms of this agreement.

We may update the terms of this agreement from time to time.

Overview

We operate the software app ‘Timetastic’ as a system for requesting, approving and keeping track of time off work.

The partnership program allows gives you a right to:

Advertise and promote Timetastic in a manner approved by us;
Direct visitors to Timetastic using a specific URL or landing page;
Earn a commission in respect of any visitors from your links that become paid up customers of Timetastic.

Joining Timetastic affiliate program

To join our Timetastic affiliate program you submit an application to us through Rewardful.

We’ll review your application and notify you through Rewardful if you have been accepted.

You must submit for approval the URL of each website that you wish to promote Timetastic on. If you operate more than one website you’ll need our approval on each and every one.

Suitability

We want to work with partners who run solid, ethical businesses, who have an audience that aligns with Timetastic. It’s our choice if we accept you to the program and we will reject applications or cancel participation in the program if for any reason we think your website is not a suitable place to promote Timetastic.

Some examples of where we don’t want to see Timetastic are:

Alongside hate-related, abusive, or discriminatory content;
With any content that is sexually explicit;
With any content that infringes someone else's intellectual property;
On anything that targets young people;
With any content that violates or encourages others to violate any laws or regulations.

Do not create or design your website or emails in a manner which leads customers to believe you are Timetastic.

We may monitor, retain, use, and disclose information about your website and users that we obtain through your participation in the program. For example, that a particular visitor clicked through your website before subscribing to Timetastic.

Limited licence to use Timetastic marks

When you receive approval from us, we grant you a limited, revocable, non-transferable, non-exclusive licence during the term of this agreement to use our brand assets including trade names, trademarks, logos, design elements and graphics that have been specifically designated and provided by us for the use of marketing, advertising, and promotion of Timetastic.

Your use of our brand assets must be in accordance with the following:

You shall comply with all guidelines provided by us with respect to the graphic reproduction, appearance, and “look and feel” related to the marketing and representation of Timetastic;
Nothing in this agreement gives you any right, title or interest in any of our brand assets or any other trade names, trademarks, designs or intellectual property we own. We reserve all rights, title and interest in the brand assets and the goodwill associated with use of the brand assets;
All rights not expressly granted in the agreement are reserved by us.

Your right to use our brand assets is limited to and arises only out of this licence.

You shall not assert the invalidity, unenforceability, or contest the ownership by us of the brand assets in any action or proceeding, and will not take any action that may prejudice our right, title or interest in the brand assets, or otherwise weaken their validity or diminish their goodwill.

You agree not to use, register, or attempt to register any phrases, marks or logos, or domain names that could cause confusion with any of Timetastic's trademarks or brand assets.

You may not make any specific guarantees or representations concerning the quality of Timetastic, nor that we endorse you in any way, nor that we recommend your products or services.

You are not permitted to use our brand assets to belittle or poke fun at Timetastic, or any other person or entity, including the products or services of a Timetastic competitor.

You may not use the brand assets for promotional goods, to appear on products, or use them in such a way, which in our reasonable judgement could diminish or damage the goodwill in Timetastic.

Use of marketing materials

You may only use the marketing materials available from within Rewardful. Don't try to alter them in any way. No cropping, colour changes, modifications, or additions to the marketing materials or brand assets in any way.

Timetastic has the right to review your use of the brand assets and marketing materials and we may provide input about whether the materials or displays are compliant. If your marketing materials or visual displays are, in our sole opinion, inconsistent with our brand values or requirements, we can require the materials be changed. If you do not make the changes that we deem necessary, we reserve the right to terminate your participation in the programme.

Limited licence to link to Timetastic

When we accept you into the programme you will have access to the logos and graphics for graphical/textual Links. At this point we are granting you a limited, revocable, non- transferable, non-exclusive licence during the term of this agreement to post on your websites graphical/textual links to Timetastic and to direct visitors to Timetastic in accordance with the terms and conditions of this Agreement.

Your use of the Timetastic graphical and textual Links provided in connection with the programme must comply with the following:

The Link between your website and Timetastic must be a direct Link (that means you can’t use interstitials, pop-up windows, or redirects);
The Link between your website and Timetastic may not be framed or co-branded;
The Link between your website and Timetastic must not contain any viruses, spyware, or other harmful programming;
The Link must include the unique “tag” provided by us for the purposes of accurate tracking, reporting and commission payments; and
It’s your responsibility to make sure each link from your website to Timetastic uses the correct Timetastic link format.

We can’t properly track and identify sales if you don’t use the link to our specification. We’re not liable to pay you in relation to sales that are received from untagged or improperly formatted links.

Advertising rules and restrictions

You shall publish and distribute advertisements in compliance with all laws and regulations. You are solely responsible for ensuring your compliance with all laws and regulations. We retain the sole and exclusive discretion to determine whether your advertising and conduct is in compliance with all laws.

Any links must clearly identify Timetastic as the destination website and may not misrepresent or alter our new customer offer in any way. Any violations may result in immediate termination from the program without notice.

Your website must have bona fide content. You may offer visitors information and materials of tangible value, provided you accurately describe and actually deliver those offerings to the visitor.

If you engage in email marketing it must have the consent of the recipient and you must have records evidencing consent including, without limitation: (a) Recipient opt-in date; (b) Registration source; (c) First name; (d) Last name; (e) E-mail address; (f) Privacy Policy of source site; and (g) Any other information collected.

You may not link directly, or indirectly to a Timetastic sales page from any paid advertising.

You will not bid on or purchase keywords, search terms, or other identifiers, including the word Timetastic, or any other trademark or brand name of ours or any variations or misspellings of any of these words. You will enable negative keyword matching to avoid any confusion here. You will not use prohibited Keywords in any display URL content.

You must notify us of any complaint received by you regarding any advertisements security or privacy issues within twenty-four (24) hours of receiving such complaint. Notice should be sent to [email protected].

You shall not:

Make or publish any statement, claim, representation or warranty about Timetastic that is inconsistent with or beyond the scope of Timetastic marketing materials available from Rewardful or our website;
Misrepresent Timetastic (including any guarantees regarding use of Timetastic);
Make any public disclosure with respect to this agreement or your participation in this program;
Imply any type of affiliation or relationship with us, other than that of an advertiser of Timetastic;
Misrepresent your relationship with us (including any implication that we supports or endorse you or your websites);
Solicit visitors by pop-up advertisements; or
Provide cash, points, gifts or any other reward in an attempt to entice visitors to complete an action on Timetastic.

Qualified sales/commissions

We reserve the right to cap the maximum number of qualified sales that we receive from you in a single calendar day. We reserve the right to adjust the cap at any time.

We will only pay a commission for “Qualified Sales” that meet all of the following conditions:

No self-referrals - it must not be a sale to you, your employees, your agents or any any subsidiary or company within the same group of companies;
It must originate from a lawful click from your website that we have approved according to this agreement;
The visitor to Timetastic must be received during the term of this Agreement;
It must result in a new, paid customer of Timetastic, with no less than three full monthly payments.

A Qualified Sale is disqualified whenever it occurs in connection with a violation of this Agreement or any other terms, conditions and policies that we may issue from time to time.

You must not submit non-bona-fide leads.

Although Rewardful may track and calculate the lead submissions in accordance with the Program, determination of whether the lead submission has resulted in a Qualified Sale shall be made by us.

Rewardful processes and distributes all commissions, less fees, in accordance with your Rewardful Terms of Use. Timetastic may chargeback or offset from any amounts owed, any commissions in respect of a non-qualified sale, were procured fraudulently or as a result of any violation of this Agreement or law or were paid in error. Disputes regarding commissions or fees should be submitted in accordance with Rewardful’s Terms of Use.

If fraud is detected, your account will be made inactive while it’s investigated. In addition, in the event that you have already received payment for fraudulent activities, we reserve the right to credit or remedy from future earnings or to demand reimbursement from you.

Other than the payment of the commission, you shall have no claims to any additional compensation, commissions or business derived by or through Qualified Sales.

Representations, warranties and covenants

You represent and warrant that:

You are duly organised, validly existing, and in good standing under the laws of the country of your origin;

You have all the power and authority to enter into this Agreement and to carry out and perform your obligations under the terms of this Agreement;

You have no prior or pending investigations or inquiries by any governmental agency or regulatory authority anywhere in the world which relate to any violation of consumer protection or advertising laws;

You have established and implemented commercially reasonable practices and procedures and will continue to perform spot checks or audits to ensure that full compliance with all laws and regulations;

You will promptly notify Timetastic, in writing, if you receive any complaints or notices from any governmental agencies referencing a violation of any laws and regulations and particularly, any complaint regarding the privacy or security of data;

You will perform a full investigation, within forty-eight (48) hours of receipt of a request, if either you or us receives an inquiry or complaint from a governmental agency relating directly to any data use, privacy concerns, or security issue;

You shall post and maintain on your websites involved in the program a privacy policy that clearly and adequately describes how consumer information is collected and used. Your privacy policy must fully and accurately disclose your use of third-party technology, use of cookies, and options for discontinuing use of such cookies. Your privacy policy and data protection mechanisms used in support of the policy must comply with all data privacy and protection regulations which apply within the countries where you conduct business.

Disclaimer of warranties and limitation of liability

We do not make any representation, warranty, or covenant regarding the amount of comission you can expect to earn from this program, and we won’t be held liable for any actions you undertake based on your expectations.

We make no warranties with respect to the program and its related materials, any offerings made through the program, or as to the continuation of offerings through the program. All offers and advertisements through this program should be considered limited time offers. The program destination site is provided on an “as is” basis. We makes no warranties, either express or implied, concerning the accuracy, security, performance or functionality of the destination site (including but not limited to any warranty that the destination site will be error or virus-free or that service will be uninterrupted) and we expressly disclaim all implied warranties, including warranties of merchantability and fitness for a particular use or purpose and non-infringement. The destination site is subject to change at any time at our sole discretion.

We shall in no event be liable for any indirect, incidental, punitive, exemplary damages or special damages, lost profits, lost opportunities, lost savings, lost data, or any other form of consequential damages, regardless of the form of action, even if we have been advised of the possibility of such damages or could have foreseen such damages, whether resulting from breach of obligations under this agreement or otherwise. Our aggregate liability arising with respect to this agreement shall not exceed the total program fees paid by you under this program in the twelve months immediately preceding the date on which the event giving rise to the most recent claim of liability occurred.

Term and termination

You agree that by submitting your application the effective date of this Agreement will be the date on which you submit your application. The term of this Agreement shall be month-to-month.

Termination can be served by either party notifying the other by email with seven days advance notice.

We may terminate this Agreement immediately, without penalty, in the event that:

You are in breach of this Agreement;
We believe that you may be subject to potential claims or liability related to your participation in program;
We believe that our brand or reputation may be harmed by your participation in the program;
You have engaged in any unsavoury, deceptive, fraudulent or illegal activity in connection with the program.

Upon termination of this Agreement:

We will be released from all obligations and liabilities owed to you;
All rights and licensees granted to you shall immediately terminate, you will promptly cease all uses of any trade names, trademarks, service marks, logos, brand assets and other designations of Timetastic;
Qualified Sales obtained through your efforts shall not constitute a continuation or renewal of this Agreement;
You shall be entitled only to unpaid and undisputed commissions, earned by you prior to the date of termination.

Termination of this Agreement will not relieve you from any liability arising from any breach of this Agreement. Notwithstanding the foregoing, the rights and obligations of the parties that by their nature should survive the Agreement including but not limited to the sections related to payment, warranties, remedies, indemnification, and confidentiality, will survive this Agreement

Indemnity

To the maximum extent permitted by law, we will have no liability for any matter directly or indirectly relating to the creation, maintenance, or operation of your websites (including your use of any Rewardful service) or violation of this agreement.

You shall defend, indemnify, and hold us (and our directors, officers, employees, representatives, parents, affiliates and subsidiaries) harmless from and against any and all claims, liabilities, losses, damages, and costs, including reasonable solicitors fees, resulting from, arising out of, or in any way connected with your:

Violation of this Agreement or any program policies;
Breach or failure to perform under your Rewardful agreement; and
Violation of any applicable law or regulation or rights of a third party.

Confidential information

You acknowledges that, during the term of this Agreement, you may receive non-public information relating to our customers, business, operations or underlying technology of Timetastic (“Confidential Information.”)

You shall not use this Confidential Information for purposes other than necessary for your performance under this Agreement and shall ensure that any person or entity who has access to Confidential Information will be made aware of and will comply with the obligations in this provision. You shall not disclose Confidential Information to third parties without our prior written consent and you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement. If you’re required under applicable law or regulation, or pursuant to a court order to disclose Confidential Information, you shall give us prior written notice explaining the nature and extent of the disclosure, and use your best efforts to limit the disclosure to only that information which is required to be disclosed. Your obligation to not disclose or use Confidential Information shall survive the termination of this Agreement.

Notwithstanding any other provision of this Agreement, we shall be the sole owner of all names, addresses, transaction data and other non-public personal information gathered through Timetastic and through the links to Timetastic.

Once a visitor clicks on the link to Timetastic, you shall not employ any cookies, spyware, or tracking method to monitor, track or record information regarding the visitor's usage of Timetastic or our websites.

All information or data contained in or transferred via the Link between your website and Timetastic shall be deemed confidential information belonging to Timetastic. All visitors that use Timetastic shall be subject to the terms and conditions and privacy policy posted on our website.

Your website shall employ its best efforts to safeguard and protect visitor information from loss, misuse and unauthorised disclosure.

Assignment

You may not assign, transfer, sub-contract, or in any other manner transfer the benefit and/or burden of this agreement to any third party without our prior written consent.

Severability

In the event that any of these terms are found to be invalid, that term is to be deemed severed, but does not affect the validity and enforceability of the remaining terms.

Waiver

No delay or failure by us in exercising any right shall constitute a waiver of that or any other right.

Equity

Our rights and remedies are not mutually exclusive; that is, the exercise of one or more of the provisions in this agreement shall not preclude the exercise of any other provision. You agree that damages may be inadequate for a breach of this Agreement and, in the event of a breach, the rights and obligations in the agreement shall be unenforceable by specific performance, injunction, or other equitable remedy.

Law and jurisdiction

These terms are governed by the laws of England and Wales. The courts of England have exclusive jurisdiction for the settlement of any dispute.

Contact

If you have any questions about our partnership agreement, please contact our support team.