The HMO Platform Affiliate Terms and Conditions 

 

The following are the terms and conditions (this "Agreement" or the "Terms") for affiliates that direct potential customers to any The HMO Platform web site (the "Site") and where The HMO Platform has agreed to pay that affiliate ("you") for directing those potential customers to the Site.

  1. Acceptance: By submitting your application for being an affiliate of the Site, you agree to be bound by the Terms as stated herein without modification. 

  2. Nature of the Relationship: The nature of the relationship between The HMO Platform and you will be that of independent contractors for all purposes and in no event will any person employed by you be held or construed to be employees of The HMO Platform. Specifically, The HMO Platform is not a member of any partnership, joint venture or franchise arrangement with you. 

  3. Ownership and use of The HMO Platform Materials: "The HMO Platform Materials" include any legal materials, documents, contracts, software, products, web links, promotional material, email, information, partial The HMO Platform Material or any other materials provided by The HMO Platform, the Site or any The HMO Platform service in any way. The HMO Platform retains complete ownership and all rights to The HMO Platform Materials. You do not have the right to use or change any of The HMO Platform Materials without prior written consent of The HMO Platform. You do not have the right to use any The HMO Platform Materials for third party or competitive use. All use of The HMO Platform Materials, with or without prior written consent, will cease after termination of this agreement. 

  4. Term: This Agreement will be for an indefinite term and can be terminated immediately without cause by either The HMO Platform or you providing notice to the other party. Upon termination, you will stop using The HMO Platform Materials and you will discontinue any use of The HMO Platform trademark. 

  5. Your Compensation: The HMO Platform agrees to pay you a commission of ten percent (10%) of all sales (excluding fees paid to external service providers, fees paid to external suppliers and some subscription renewals) generated from the traffic of your site. The total of the commission and discount will not be more than the ten percent. Payments are calculated on the first business day of the month and payment will be sent within five business days when commissions payable. You will have access to sales and commission reports available through The HMO Platform Affiliate Program. We will not provide any compensation for any referrals or traffic where the provision of any compensation for a referral is prohibited by law. 

  6. Content Development: You are solely responsible for all content development (and its cost) on your web site. 

  7. Confidentiality: You may be given or obtain access to non-public information of The HMO Platform that The HMO Platform considers to be of a confidential, proprietary, or trade secret nature, including, but not limited to, customer information, pricing, financial and operational information, business information and marketing information, in whatever form or media, whether or not marked as confidential (collectively "Confidential Information"). You agree not to use any Confidential Information disclosed to you by The HMO Platform for your own use or for any purpose other than to carry out your obligations under this Agreement. You will not disclose any Confidential Information to third-parties or to your employees or agents, other than employees and agents who are required to have the information in order to carry out your obligations under this Agreement. You agree to notify The HMO Platform immediately and in writing of any misuse or misappropriation of The HMO Platform's Confidential Information, which may come to your attention and to return The HMO Platform's Confidential Information upon the request of The HMO Platform. Confidential Information shall not apply to: (a) information that is or becomes a matter of public knowledge through no fault of or action by you, (b) information that prior to disclosure was rightfully in your possession as a result of disclosure by a third-party under no obligation or restriction of confidentiality, (c) information that, subsequent to disclosure, is rightfully obtained by you from a third-party under no obligation or restriction of confidentiality, and (d) information that is independently developed by you without use, knowledge or access to the Confidential Information of The HMO Platform. 

  8. Return of Confidential Property: Upon The HMO Platform's request (and upon termination of this Agreement), you will deliver to The HMO Platform all Confidential Information, memoranda, notes, records, drawings, manuals, disks, or other documents and media pertaining to The HMO Platform's business including all copies, extracts, summaries and analyses. 

  9. Indemnification: You agree to indemnify and hold The HMO Platform, its directors, officers, shareholders, successor and predecessor companies, attorneys, agents and employees harmless from any claim, demand, or damage, including reasonable attorneys' fees and costs, asserted by any third party due to or arising out of the your actions (including but not limited to advertising, web site content or how you otherwise direct potential customers to our site). 

  10. Limitations of damages: The HMO Platform will not be liable to you for any exemplary, punitive, special or consequential damages, including lost revenues, lost profits or lost prospective economic advantage arising from any act or omission in performance or failure to perform under this Agreement, even if The HMO Platform is at fault and/or knew or should have known of the possibility thereof, and you hereby release and waive any claims against The HMO Platform regarding such damages. 

  11. Trademarks and other Intellectual Property: You acknowledge that all rights in any registered trademarks or any pending trademark registrations associated with the business of The HMO Platform (i.e., trademarks, service marks, slogans, logos, designs and other similar means of distinction), including all goodwill pertaining thereto, shall be the sole property of The HMO Platform. You may use and display such trademarks only in the manner and for the purpose authorised by The HMO Platform, and only during the Term of this Agreement. The HMO Platform reserves the right to add to, change or discontinue the use of any trademark it owns, on a selective or general basis, at any time. You shall not use any trademark or trade name of The HMO Platform in any corporate, partnership or business name without The HMO Platform's prior written consent. Scott Baker Property Solutions Ltd. is the owner of The HMO Platform trade name, brand and trademark. 

  12. Media: No press releases mentioning your affiliate program participation may be made without prior written consent of The HMO Platform to a release being made. You will provide a copy of any press releases to The HMO Platform. 

  13. Conduct: You agree to conduct yourself with due regard to public conventions and morals and agree that you will not do or commit any act or thing that will tend to degrade The HMO Platform or bring it into public hatred, contempt, scorn or ridicule or that will tend to shock, insult or offend the community or ridicule public morals or decency. Further, you will not market The HMO Platform's Site or products using illegal, unethical, or misleading methods, or through inaccurate content. 

  14. Modification to Terms: The HMO Platform reserves the right to change these terms at any time and to notify you by updating and posting these terms on its Site. The HMO Platform is not bound by any other modifications to these terms and conditions unless signed in writing by an authorised The HMO Platform officer. 

  15. Entire Agreement: This Agreement, the Site Terms and Conditions and the Site Legal Disclaimer, as amended from time to time, and located at https://www.thehmoplatform.co.uk/terms-and-conditions and https://www.thehmoplatform.co.uk/privacy-policy, respectively, constitute part of this Agreement. 

  16. Assignment: This Agreement cannot be assigned. 

  17. Waivers: No failure or delay, on the part of The HMO Platform, in exercising any right or power under these Terms will operate as a waiver of such right or power. 

  18. Severability: If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result. 

  19. Governing Law and Notices: In respect to construction, interpretation, validity and enforcement, these Terms are to be construed in accordance with and governed by the laws of the United Kingdom. You consent to the exclusive jurisdiction of the courts of the United Kingdom. Any notice under this Agreement will be in writing and delivered in person or by public or private courier service. All notices will be addressed to The HMO Platform located at Scott Baker Property Solutions Ltd, Floor 5 & 6, Tower Point, 44 North Rd, Brighton BN1 1YR. Any notices to you may be delivered to you at the address or email address provided in your application or to any address later provided. 

  20. End User: The end user of The HMO Platform's Material will be subject to the Site's terms and conditions and disclaimers. 

  21. Binding Effect: This Agreement will pass to the benefit of and be binding upon the respective heirs, executors, administrators, successors of The HMO Platform and you. 

  22. Headings: The headings, captions, titles, and numbering system are inserted only as a matter of convenience and may under no circumstances be considered in interpreting the provisions of this Agreement.