This page contains Affiliate Terms of Lightyear Financial Ltd.
Version 1.0, 15.06.2023
By applying to the affiliate program (Program) of Lightyear Financial Ltd (Lightyear), you (Affiliate) are deemed to understand and adhere to the following terms and conditions (Affiliate Terms). In these Affiliate terms, Lightyear and the Affiliate shall together be referred to as the the Parties and each individually as a Party.
1.1 The Affiliate shall promote Lightyear by producing original and relevant content on social media platforms as provided in the Program.
2. Content creation
2.1 The Affiliate shall promote Lightyear and Lightyear’s app through videos, photos, posts or other formats on social media channels as specified in the Program. All content (Content) created pursuant to the Program shall adhere to following principles:
- the Content shall be created using reasonable skill, care and professionalism;
- Content must not be factually false, misleading, contrary to good morals and customs or otherwise considered harmful to Content recipients;
- Content must follow all relevant applicable local laws, guidelines or administrative practices;
- Content shall be created in cooperation with Lightyear and is subject to Lightyear’s approval before publication.
For avoidance of doubt, any communication referencing the Content (such as social media posts or comments) that also references Lightyear in connection to the Content is deemed as stand-alone Content subject to limitations and conditions as provided in these Affiliate Terms.
2.2 All Content shall only be distributed in accordance with the Program. This means that the Affiliate is not allowed to distribute the Content via cold-calling, cold-emailing, spamming or in other ways that can erode trust in Lightyear or the Affiliate. Without limiting aforementioned, the Affiliate is not allowed to:
- bid on Lightyear brand terms or include the Lightyear brand name in paid search ads;
- advertise Lightyear via paid social ads by impersonating Lightyear brand (using its logo, images, brand name, etc.);
- create social profiles (including but not limited to Facebook, Instagram, Twitter, TikTok, YouTube, LinkedIn) that include Lightyear’s brand name;
- promote unauthorised campaign or personal invite codes.
2.3 Lightyear shall provide all the necessary input for the Affiliate to create the Content, including brand guidelines and/or other materials.
2.4 As stipulated in section 2.1, it is the obligation of the Affiliate to ensure that all Content meets relevant applicable laws, guidelines, administrative practices. The Affiliate is aware that the Content shall promote financial services, which is subject to heightened requirements in respect to marketing/promotional activities. If the Affiliate is unsure on any aspect regarding the marketing or promoting of financial services, the Affiliate shall seek qualified counsel to ensure that the Content does not infringe any relevant marketing requirements applicable in jurisdiction in which the Content is distributed.
3. Content delivery and approval
3.1 All produced Content must be submitted to Lightyear for approval at least 5 days before it is scheduled to be published (“Deadline”). Lightyear may require the Affiliate to make changes to the Content. Any changed Content must be re-submitted to Lightyear for approval at least 3 business days before its publications for Lightyear’s final approval.
3.2 For avoidance of doubt, if Lightyear does not approve the Content, the Affiliate may not make the Content public in any way or form. Lack of communication does not constitute approval.
3.3 After the publication of the Content, Lightyear may require at any time that the Content is removed or edited. The Affiliate shall comply with such a request within 3 day’s time.
3.4 Lightyear may monitor the Affiliate’s activities related to the Program for the purposes of ensuring regulatory compliance. The Affiliate shall reasonably cooperate with Lightyear in that process.
4. Intellectual property
4.1 For the duration of the Program, Lightyear grants the Affiliate a revocable, limited, non-exclusive, non-transferable, non-sublicensable and fully paid-up license to relevant materials provided by Lightyear in connection to the creation of the Content. License shall be granted solely for the purpose of creating the Content in accordance with the Program. Lightyear does not grant the Affiliate any other rights or licenses in any of Lightyear’s intellectual property under these Affiliate Terms.
4.2 If provided in the Program, the Affiliate shall grant Lightyear a perpetual, non-exclusive, sub-licensable, worldwide and fully paid-up license to Content created pursuant to the Program. Lightyear may modify, adapt, copy, publish, distribute or otherwise use the Content to market and promote Lightyear with the Affiliate’s prior written consent, if so provided in the Program.
5.1 The Parties shall keep the confidential information (any information irrespective of its form related to the other Party, their business or operations, which is not publicly available, the Confidential Information) confidential for the term of validity of these Affiliate Terms and within one year as of expiry of termination of the Affiliate Terms. The Parties shall not disclose the Confidential Information or any parts thereof to any third party. The Parties shall take any required reasonable measures to protect the Confidential Information and prevent any unauthorised use thereof by any third party.
5.2 The following materials or information shall not be considered as the Confidential Information:
- expressly allowed to do so under the Affiliate Terms or consent priorly by the other Party;
- must be disclosed pursuant to the law or any order of a court or another competent authority;
- any matter that is publicly available or has become publicly available without the other Party’s contribution.
5.3 If a Party discloses Confidential Information without the other Party’s consent, even if it is done accidentally, the Party will immediately inform the other Party.
6. Liability and penalties
6.1 Each Party shall be liable for the breach of these Affiliate Terms in accordance with applicable laws. No Party’s liability is excluded or limited where it would be unlawful to do so.
6.2 Lightyear shall not be liable for reasons beyond its control. Lightyear shall not, in any event, be liable to the other Party for the loss of profit or for any direct, incidental or consequential damage, whether or not the possibility of such damage could have been reasonable foreseen, except in cases of intentional breach of its obligations pursuant to these Affiliate Terms.
6.3 If the Affiliate fails to fulfil its obligations under the section 3 or other provisions of these Affiliate Terms, Lightyear may demand the Affiliate to pay a contractual penalty equivalent to the sum of fees paid or owed to the Affiliate pursuant to the Program.
7. Warranties and indemnities
7.1 The Affiliate warrants that:
- the Affiliate is aware and knowledgeable about marketing and promoting requirements applicable to the Content in the jurisdiction in which the Content shall be distributed and the Content follows such requirements;
- the Affiliate has all necessary intellectual property rights, licenses and consents relating to the Content and the Content will not infringe any intellectual property rights of any third party;
- the Affiliate shall comply with all applicable laws while performing it’s obligations under these Affiliate Terms.
7.2 The Affiliate shall indemnify Lightyear on a continuing basis against all damages, costs, charges, losses, liabilities and reasonable expenses incurred by Lightyear arising from or incurred by reason of any breach of the Affiliate’s obligations under these Affiliate Terms and the Affiliate agrees to be responsible for any reasonable costs (including legal costs) and expenses involved and pay any damages finally awarded or fines issued against Lightyear in any such claim.
8.1 These Affiliate Terms enter into force from the moment the Affiliate has applied to the Program and Lightyear and approved Affiliate’s participation in the Program. These Affiliate Terms shall apply as long as the Affiliate participates in the Program and/or as long as the Content is public on Affiliate’s relevant social media account, website or equivalent public medium.
8.2 Lightyear may immediately remove Affiliate’s access to the Program in case the Affiliate has materially breached these Affiliate Terms. Among other, Lightyear may immediately remove Affiliate’s access to the Program if:
- the Affiliate has refused to proceed with all or any part of the Content as agreed in the Program;
- the Affiliate fails to meet Deadlines on either (i) 2 or more consecutive occasions; or (ii) in 3 or more occasions at any time;
- there is a reduction by more than 25% between one month and the next of the Affiliate’s followers or average impressions;
- the Affiliate or Affiliate’s employee, representative or an associated person commits a crime, is suspected of committing a crime or is associated with illegal or illicit activities, which in Lightyear’s opinion exposes Lightyear to reputational harm.
8.3 If access to the Program was removed by Lightyear for any reason, the Affiliate shall immediately stop using materials provided by Lightyear and destroy or return all copies in whatever medium of Confidential Information provided by Lightyear to the Affiliate. Upon such an event, the Affiliate is obligated to remove Content or communications referencing the Content (as stipulated in section 2.1 of these Affiliate Terms) at Lightyear’s request within 3 working days from receiving such a request.
8.4 If access to the Program was removed due to the Affiliate breaching these Affiliate Terms, the Affiliate shall not be entitled to the owed payment as specified in the Program.
9.1 If the fee structure in Program is tied to the amount of users that start using Lightyear in connection to the Content, then fee shall be paid only for users that do not contradict Lightyear’s Terms of Service and relevant promotion’s terms. Among other situations, this includes instances where an promotional sign-up code is used by abusive users to collect the promotional sum in the Lightyear App and immediately withdraw it and other, in which case such users won’t be counted towards the users for which Lightyear shall pay a fee to the Affiliate.
9.2 The Parties may not assign their rights or obligations under these Affiliate Terms without the other Party’s written consent.
9.3 All required notices and communications shall be sent to the email addresses provided by each Party.
9.4 These Affiliate Terms are governed by the laws of England and Wales. The courts of England and Wales shall have the exclusive jurisdiction to settle any claims arising out of these Affiliate Terms.
9.5 Lightyear Financial Ltd is an appointed representative of RiskSave Technologies Ltd, which is authorised and regulated by the Financial Conduct Authority (FRN 775330). Any right in these Affiliate Terms given to Lightyear is also given to RiskSave Technologies Ltd.
9.6 Lightyear may unilaterally amend these Affiliate Terms at any time.
9.7 All provisions that should reasonably be interpreted to survive the expiration of these Affiliate Terms shall do so, including provisions on confidentiality and Content requirements.