Affiliate Program Terms/Agreement

This Affiliate Program Agreement (the “Agreement”) is made and entered into by and between Kiwi Visa Hub, a part of MyMate Limited (“Company,” “we,” “us,” or “our”) and the affiliate (“Affiliate,” “you,” or “your”), collectively referred to as the “Parties.”

WHEREAS the Company provides online classes for New Zealand visas and DIY immigration visa application assistance (the “Services”); and

WHEREAS the Affiliate desires to promote the services in exchange for a commission.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows:

  1. Enrolment and Acceptance

1.1. To become an Affiliate, you must submit a complete and accurate application through our website. We reserve the right, in our sole discretion, to accept or reject any application for any reason.

1.2. Upon acceptance, you will be granted a non-exclusive, non-transferable right to act as an Affiliate and use the Company’s marketing materials in accordance with the terms of this Agreement.

  1. Affiliate Obligations

2.1. The Affiliate will be solely responsible for the development, operation, and maintenance of their promotional activities and for all content that appears on their website, social media, or other communication channels.

2.2. The Affiliate agrees to conduct all promotional activities in a professional, legal, and ethical manner. The Affiliate must not engage in any of the following prohibited activities:

  1. Misleading Representations: Making false, misleading, or deceptive claims about the Company or its Services.
  2. Spamming: Sending unsolicited email or other messages containing affiliate links.
  3. Trademark Violations: Using the Company’s trademarks, trade names, or logos in any way that suggests ownership or is likely to cause confusion.
  4. Self-Purchasing: Placing orders for the Services through your own affiliate link for personal use.
  5. Illegal Activities: Engaging in any illegal, fraudulent, or unethical marketing practices.

2.3. The Affiliate shall clearly and conspicuously disclose their affiliate relationship with Kiwi Visa Hub in a manner that complies with all applicable laws and regulations in their operating jurisdiction (e.g., India, Nepal, Bangladesh, Sri Lanka, and New Zealand).

  1. Company Rights and Obligations

3.1. The Company will provide the Affiliate with a unique tracking link, access to the affiliate dashboard, and approved marketing materials.

3.2. We will track all sales generated through Affiliate’s unique link and will provide timely reports on commission earnings.

3.3. We reserve the right to monitor the Affiliate’s promotional activities to ensure compliance with this Agreement. We may, at our sole discretion, remove any marketing materials or require the Affiliate to cease any activity we deem inappropriate.

  1. Commission and Payment

4.1. The Company will pay the Affiliate a commission of 25%of the net sales amount for each qualifying purchase made through Affiliate’s unique link.

4.2. A “qualifying purchase” is a sale that is not cancelled, refunded, or subject to a chargeback.

4.3. Commissions will be paid monthly, within 30 days of the end of the month via bank transfer.

4.4. The Affiliate is responsible for all taxes, duties, and other fees associated with their commission earnings.

  1. Intellectual Property

5.1. The Company grants the Affiliate a non-exclusive, non-transferable, revocable license to use the Company’s trademarks, logos, and other marketing materials for the sole purpose of promoting the Services under this Agreement.

5.2. The Affiliate may not modify or alter the Company’s intellectual property without express written consent.

5.3. All intellectual property rights, including but not limited to copyrights and trademarks, related to the Services and the Company’s brand, remain the sole property of the Company.

  1. Term and Termination

6.1. The term of this Agreement will begin upon your acceptance into the Affiliate Program and will continue until terminated by either party.

6.2. The Company may terminate this Agreement at any time, for any reason, with or without cause, by providing written notice to the Affiliate.

6.3. The Affiliate may terminate this Agreement at any time by providing written notice to the Company.

6.4. Upon termination, the Affiliate must immediately cease all use of the Company’s marketing materials and remove all links to our website. Any commissions earned up to the date of termination will be paid in the next payment cycle, provided they are for qualifying purchases. We reserve the right to withhold final payments if we suspect fraudulent activity.

  1. Limitation of Liability and Indemnification

7.1. Limitation of Liability: The Company will not be liable for any indirect, incidental, punitive, or consequential damages arising out of or in connection with this Agreement or the Affiliate Program. Our total aggregate liability for all claims related to this Agreement will not exceed the total commission fees paid to the Affiliate under this Agreement during the six (6) months prior to the date the claim arose.

7.2. Indemnification: You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against all claims, damages, liabilities, costs, and expenses (including legal fees) arising from or in connection with:

  • Your breach of any term or condition of this Agreement.
  • Your promotional activities, including any misrepresentations or illegal actions.
  • Any claims from third parties relating to your website, content, or business operations.
  1. Miscellaneous

8.1. Governing Law: This Agreement will be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of laws principles.

8.2. Dispute Resolution: Any dispute, controversy, or claim arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in accordance with the arbitration rules of the New Zealand Dispute Resolution Centre (NZDRC) in effect at the time of the dispute. The seat of the arbitration shall be Auckland, New Zealand. The language of the arbitration shall be English. The number of arbitrators shall be one (1).

8.3. Independent Contractor: The Affiliate is an independent contractor, and nothing in this Agreement will create an employer-employee, partnership, or joint venture relationship between the Parties.

8.4. Severability: If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

8.5. Entire Agreement: This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements, discussions, and understandings, whether written or oral.

By clicking “I Agree” on our online form, affixing your signature on a document or by participating in the Affiliate Program, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement.