PENSIGHT LTD TERMS OF SERVICE

Quicklink: Pensight Expert Affiliate Program Terms of Service

TERMS

These Terms of Service (“Terms”) govern your use of the Pensight service (the “Service” or “Pensight”) provided by Pensight Ltd (the “Company”) and constitute a contract between you and the Company. These terms govern your access to and use of Pensight, and any content (video, sound, text, graphics, or other materials sent, received, stored or otherwise appearing in the Service, collectively referred to as "Content"). Parts of the Service may display Content that is not Pensight’s (“User Content”). Such content is the sole responsibility of the person or entity that has made it available. When "Content" is used in this document, it refers to both content provided by Pensight and User Content collectively, unless otherwise specified.

By registering for, accessing and/or using Pensight and/or any part of the Service, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing Pensight or any part of the Service. The materials contained in Pensight are protected by applicable copyright and trademark law.

Pensight Ltd may revise these terms of service at any time without notice. By using Pensight you are agreeing to be bound by such revisions or modifications. You are responsible for reviewing these Terms periodically. Your continued use of the Services after the effective date of the change or modification of these Terms will constitute your acceptance of the revised Terms. If you don’t agree to the new Terms, you must stop using your account before they take effect, and inform Pensight (info@pensight.com) to delete your account, otherwise the use of the Service and Content will be subject to the new Terms.

AGE LIMITATIONS

You declare that by acceptance of these Terms and/or by using the Services you are at least 18 or older. You may not use Pensight and may not accept these Terms if you are a person barred from using Pensight or providing the Services under the laws of the country in which you are resident or from which you use Pensight.

SERVICE

Pensight offers a service that allows Clients to connect with and pay Experts for advice and personalised mentorship (“Expert Services”). Expert Services are not provided, delivered, owned, controlled, created, managed, or vetted by Pensight, and Experts are fully responsible for their content and Expert Services. Any and all Expert Services transactions between the Expert and the Client are limited to these two parties, Pensight is not a party in the transaction between Experts and Clients (collectively “Users”), and is not acting as an agent to any party, except for capturing Service Fees. Pensight does not have any control over and does not endorse any Expert Services.

Pensight account enables you to use the Service as an Expert, to provide Expert Services, or as a Client, to seek Expert Services. Pensight does not vet, verify, or endorse any Users, their identity, truthfulness or  trustworthiness, or any content or information uploaded or created by Users (“User Content”). 

Experts are prohibited from selling offline travel services via Pensight.

You declare that by using Pensight you agree that any part of the Service can be changed, modified, or discontinued without notice and for any reason, without liability for any kind to Pensight.

CONTENT

For any content you upload, submit, or post through Pensight, you retain your rights. You are responsible for any information, data, video, audio, graphics, links, text, or content you upload to Pensight, and for its compliance to the law and these Terms. As an Expert, you are solely and fully responsible for the content you create or upload and for providing Expert Services to Clients.

We do not endorse any content expressed via the Service. We do not guarantee its accuracy, reliability, or truthfulness. Pensight will not be liable for any User Content, or any damage, loss of any kind caused by the use of User Content created, uploaded, displayed, or distributed via Pensight. You understand and agree that by using Pensight you might be exposed to content that might be inaccurate, offensive, mislabelled or in any other way inappropriate or including errors. You acknowledge that Pensight does not pre-screen content.

We reserve the right to access, read, edit, remove or disclose any content as we determine necessary to comply with any applicable regulation, law,  or legal process, investigate any potential violations or enforce these Terms, investigate and address any security or technical issues, address fraud, answer user support inquiries, or protect our, our user, or public safety, to protect our rights and property. Pensight reserves the right to remove or restrict access to any content that is not accurate, contains unauthorized disclosure of personal information, violates these terms or any applicable law, or is otherwise objectionable at its sole discretion.

Other Prohibited Content includes, without limitation:
- Any content that infringes or violates intellectual property rights of any third party
- Any content that is offensive, such as content that harms minors in any way, includes or links to child pornography, racist, bigotted, discriminatory, hateful, libelous, violent, harassing, or otherwise objectionable or obscene content.
- Any content that solicits passwords or any other personal data from Pensight or the users.
- Any content that includes or links to pornographic or sexually explicit material.
- Any content that includes unauthorised advertising, spam, or any other form of solicitation.
- Any content that includes computer code, viruses, files or programs that could harm, disrupt, or limit any computer software or hardware.

You shall not use Pensight in any way for sharing, posting, uploading, or making available in any other way any Prohibited Content. You shall not use Pensight for any unlawful activities not otherwise mentioned in these Terms. You shall not impersonate anyone else when using Pensight or engaging in any of its Services.

You agree that any content you upload to Pensight follows any applicable law, including but not limited to data protection laws and privacy laws.

ABUSE, ILLEGAL CONTENT, CONTENT POLICY VIOLATIONS

Please report such content by sending an email to report@pensight.com with a link to the content.
‍‍
EMAIL MARKETING

‍Users who send emails using Pensight are required to keep their bounce rate below 5% and complaint rate below 0.1% within a timeframe chosen by Pensight. Should these thresholds be exceeded, email sending capabilities may be suspended without the possibility of any refunds or compensation. Pensight reserves the right to adjust these thresholds and customize bounce and complaint rate calculation methodologies for individual accounts, aiming to adapt to usage patterns and industry standards. We encourage users to actively monitor their performance, ensuring a positive and efficient email marketing environment for all.

LICENSE

Pensight grants you a personal, non-commercial, royalty-free license to use Pensight in accordance with these Terms. Under this license you may not use Pensight to:

- Access, attempt to reverse engineer, or breach any software or internal computer systems contained in Pensight including any subcontracted services.
- Modify, copy, remove any copyright, or create derivative works of any materials or content made available via Pensight.
- Use the Service for any commercial purpose, redistribute, resell, sublicense, or in any way transfer rights to any part of Pensight.

Pensight reserves the right to automatically terminate this license if you violate any of these restrictions at any time.

YOUR SUBSCRIPTION AND TRANSACTION FEES

You can sign up to Pensight on a free or paid subscription plan and you may also cancel your subscription at any time.

Your subscription to the paid service will commence upon your acceptance of these terms and will remain in effect until you cancel it. If you cancel a paid subscription, it will continue until the end of the current billing cycle and then automatically convert to a free subscription. 

To cancel your subscription, visit the billing page in your account. In accordance with applicable law, payments for the service are non-refundable. However, if you have recently signed up for a paid subscription and wish to cancel within 24 hours of enrolment, you may request an exception by emailing us at info@pensight.com. 

If you have chosen to cancel your subscription and wish to permanently delete your account, you may do so by emailing us at info@pensight.com from the email address registered to your account. Please be aware that if you delete your account, you will not be able to reactivate it or retrieve any content or information that you have added to your profile. Additionally, your unique profile URL will become available for other users to claim.

Our fees

You are required to pay all subscription fees when they become due. Any transaction fees or processing fees for using the service will be automatically deducted from the proceeds of any transactions made on your profile. If you have selected a paid subscription plan, you must pay the applicable subscription fees when they are due. If you cancel your subscription while you  have a due payment, you must still pay any past due payments. Unless otherwise stated, fees are in USD and include any applicable transactional taxes (such as GST/VAT).

You must provide a valid payment method (such as a credit card) and accurate billing information when you enrol in the service. By doing so, you authorise us to charge all applicable fees to the designated payment method. If automatic billing is unsuccessful, we will issue you an online invoice which you must pay within the time specified. If payment is not received within the specified time, your account may be suspended or terminated.

Transaction fees for using the service may apply to all transactions made on your profile.The percentage of transaction fees may vary depending on your subscription plan and will be outlined on our pricing page (https://pensight.com/pricing).

You agree that if transaction fees are applicable, they will be deducted from the proceeds of your transaction before they are received. You are responsible for paying any external fees and taxes (including withholding taxes) that may be applicable as well as any income taxes associated with payments you receive through the platform.

We reserve the right to change our subscription or transaction fees at any time, but we will provide you with advance notice of any such changes (and will aim to do so at least one month in advance). If you do not agree to the revised fees, you may cancel your subscription before the start of your next billing cycle.

Pensight uses Stripe Inc. (“Stripe”) for payment processing and storing of credit card information, which are subject to Stripe Services Agreement. By using Pensight and agreeing to these terms, you agree to be bound by the Stripe Services Agreement. Stripe Services Agreement may be amended by Stripe from time to time.

By using Pensight and agreeing to these terms and conditions, you agree to provide Pensight accurate and complete information about your business, and authorise Pensight to share this information and any information related to transactions and your use of Stripe payment processing services with Stripe. Each party is responsible for paying any taxes, duties or fees for which such party is legally responsible.

Transaction Fees are collected by Stripe on behalf of Pensight. Transaction Fees are deducted before the payout is made to the Expert. Transaction Fees are non-refundable. Experts receive their payouts within 7 days of the completion of a Meeting or Question on Pensight.

PRIVACY AND PERSONAL DATA

By using Pensight you agree to receive communication from Pensight via email, SMS, or other. Such communication includes but is not limited to administrative messages and announcements, reminders, updates, and other information about the Service. It may include promotional material.

By making an order or signing up via an email form from an Expert on Pensight, you agree to receive communications from them. You can always opt out from communication by following the Unsubscribe link in any email.

CLIENT REFUNDS

Services sold on Pensight are generally not refundable. Refunds may be granted by the Expert who sold the product or service. Pensight may help to mediate refund requests upon sending a detailed description of the reason for the refund to info@pensight.com, within 7 days of payment date. Each refund request shall be evaluated by Pensight and its validity determined strictly on a case-by-case basis.

PAYOUT REVERSALS AND DISPUTES

Payouts to the Expert may be reversed or stopped and associated funds may be held or returned to the Client. Some of the reasons for a payout to the Expert being reversed include: (1) evidence or suspicion of fraudulent activity (2) associated payment being disputed by the Client (3) payout being made in error (4) associated payment being charged to the Client in error (5) Expert canceling or not fully delivering the associated services promised to the Client (5) Expert canceling associated Order, Invoice, Payment Plan or service on the platform.

Payout reversals may result in a negative balance on the connected Stripe account of the Expert. The Expert agrees that the negative balances will be recovered by withdrawals from the connected bank account. If that fails, Pensight will be entitled to seek to recover the negative balance from the Expert.

In cases of unprovided services or lost payment disputes, Experts assume full responsibility of covering the refunds. Payouts can be reversed and funds held until the dispute is resolved by the cardholder's bank or Pensight.
‍
WARRANTY

Pensight does not guarantee that the Service will be free from errors, security vulnerabilities, defects, or that the Service will run without interruptions. You agree to use Pensight at your own risk, and acknowledge that Pensight does not provide any warranty. You acknowledge that Pensight does not guarantee security of the Service or communications done via the Service, and that the risks associated with it are at your own responsibility.

Pensight will not be liable for any loss or damages (including, but not limited to incidental, consequential, or indirect damages, loss of business profits or opportunities, loss of information or data) under any legal theory, or arising, without limitations, out of contract, negligence, tort, warranty, or otherwise.

TERMINATION

You may contact us at info@pensight.com in order to stop using Pensight and delete your account, and you can do it at any time. Pensight reserves the right to terminate your account and these Terms at any time and with immediate effect. You agree that Pensight does not need to provide you with a notice before terminating your account. From the moment of termination, you shall have no further right to use the Service or any content in it. Pensight shall not be liable to any compensation, refunds, reimbursements, or compensation of expected returns upon termination of the account. You shall not be entitled to any refunds if you breach these terms.

INTELLECTUAL PROPERTY RIGHTS

Pensight is the exclusive owner of any rights related to the Service. All the content related to the Service is protected by copyright intellectual property rights globally. You acknowledge that you are not granted any intellectual property rights in the Service or in the content owned by the Service.

MORE INFORMATION

If you have any further questions, or need to contact Pensight, you can do so via info@pensight.com




WARRANTY

Pensight does not guarantee that the Service will be free from errors, security vulnerabilities, defects, or that the Service will run without interruptions. You agree to use Pensight at your own risk, and acknowledge that Pensight does not provide any warranty. You acknowledge that Pensight does not guarantee security of the Service or communications done via the Service, and that the risks associated with it are at your own responsibility.

Pensight will not be liable for any loss or damages (including, but not limited to incidental, consequential, or indirect damages, loss of business profits or opportunities, loss of information or data) under any legal theory, or arising, without limitations, out of contract, negligence, tort, warranty, or otherwise.

TERMINATION

You may contact us at info@pensight.com in order to stop using Pensight and delete your account, and you can do it at any time. Pensight reserves the right to terminate your account and these Terms at any time and with immediate effect. You agree that Pensight does not need to provide you with a notice before terminating your account. From the moment of termination, you shall have no further right to use the Service or any content in it. Pensight shall not be liable to any compensation, refunds, reimbursements, or compensation of expected returns upon termination of the account. You shall not be entitled to any refunds if you breach these terms.

INTELLECTUAL PROPERTY RIGHTS

Pensight is the exclusive owner of any rights related to the Service. All the content related to the Service is protected by copyright intellectual property rights globally. You acknowledge that you are not granted any intellectual property rights in the Service or in the content owned by the Service.

MORE INFORMATION

If you have any further questions, or need to contact Pensight, you can do so via info@pensight.com

PENSIGHT EXPERT AFFILIATE PROGRAM

By clicking the "I agree" button or a similar option when you sign up for the Pensight Affiliate Program or participate in any related activities, you are bound by this Affiliate Program Agreement. This agreement is between you as the Affiliate (“You” or “Affiliate”), and Pensight Ltd. Both parties may be referred to as "Party" and together as "Parties". Pensight reserves the right to change this agreement as they see fit and will post updates on their website (usually https://pensight.com/terms-of-service). It is advised that you periodically check this agreement for any updates that may affect you. By participating in the Affiliate Program, you are accepting all of the terms and conditions outlined in this agreement as well as any of Pensight's other policies such as their terms of service and privacy policy.

RESPONSIBILITIES

1. The Affiliate will be responsible for any expenses or costs related to their marketing or promotion of Pensight or any products or services associated with their participation in the Affiliate Program, unless Pensight decides otherwise at their sole discretion.
2. The Affiliate will not engage in any Affiliate marketing activities that are not outlined in this Agreement. When conducting marketing activities, the Affiliate will adhere to all relevant laws, rules, regulations, and guidelines, including those related to email marketing and anti-spam laws.
3. Specifically, the Affiliate will not send emails about Pensight to anyone who has not requested the information. They will always include their own contact information and an option to unsubscribe in emails about Pensight. They will also not imply that the emails are being sent on behalf of Pensight.
4. An Affiliate will not engage in any offline marketing methods, such as fax, broadcast, or telemarketing, in relation to Pensight. They will also not use any aggressive advertising or marketing methods, malware or spyware, in relation to Pensight. They will not make any false, misleading, or disparaging statements or representations about Pensight, will not solicit any of Pensight's customers to leave, will not copy or resemble the look and feel of Pensight's websites, trademarks, or services, or otherwise misrepresent their affiliation with Pensight. Additionally, they will not engage in any other practices that may harm the reputation of Pensight, such as using aggressive or low-quality marketing, promoting inappropriate content, or violating any intellectual property rights.
5. Anything that an Affiliate communicates in marketing or advertising any Pensight product, service, or opportunity must be truthful and accurate. They are prohibited from making any false or fraudulent claims regarding any Pensight product, service, or opportunity. They may not claim any government, person, or entity endorses or supports Pensight and are not permitted to use any other person's or entity's intellectual property in advertising any Pensight product, service, or opportunity. They must also comply with all Pensight's policies.
6. Affiliate will adhere to the highest industry standards and comply with all relevant laws, rules, and regulations while fulfilling its obligations under this Agreement.

PROHIBITED ACTIVITIES

1. Advertising Pensight on coupon, deal, or discount websites, GTP/Get Paid to Click sites, or displaying offer codes on publicly accessible pages or through "click to display" options is prohibited for the Affiliate.
2. Using links for pay-per-click advertising is not allowed for the Affiliate.
3. Purchasing search engine or pay-per-click keywords, trademarks or domain names using Pensight trademarks, variations or misspellings that may be deceptively or confusingly similar is not permitted for the Affiliate.
4. Joining or creating third-party networks or sub-affiliate networks without written consent from Pensight is prohibited for the Affiliate.
5. Delivering fraudulent traffic through means such as bots or toolbar traffic, cookie stuffing, or false or misleading links is not allowed and the Affiliate will not encourage such practices.
6. Direct linking to any page on any Pensight website without prior written permission from Pensight is prohibited for the Affiliate.
7. Concealing referral sites or using misleading redirecting links is not permitted for the Affiliate.
8. The Affiliate will not speak negatively about the products or services of any other person or entity, including but not limited to the products or services of a competitor of Pensight, any other customer orAffiliate of Pensight, or Pensight itself.

DISCLOSURE

‍1. The Federal Trade Commission in the United States has guidelines for regulating endorsements and testimonials, designed to increase transparency for consumers. As a member of the Affiliate Program with Pensight, Affiliate receives compensation for referrals made to Pensight. This may create a "material connection" according to the FTC rules, and requires Affiliate to disclose this information to consumers.
2. To fully comply with these guidelines, among other things, (a) Affiliate must disclose prominently that they are receiving compensation for referrals to Pensight, and (b) Affiliate must not engage in misleading or deceptive advertising. For more details on these guidelines, Affiliate should refer to the FTC statement on these guidelines.

AFFILIATE FEES
‍
Once you sign up for Pensight, you will be given an Affiliate URL that you will use to promote Pensight. When a person (a"Prospect") clicks on that URL, a cookie (or similar tracking technology) will be placed in the Prospect's browser. For an account to be linked to your Affiliate account, a Prospect must use your affiliate link directly.

If the Prospect creates a Pensight account by using your Affiliate URL and upgrades to a paid Pensight plan (such as Pensight Pro), the cookie on the Prospect's browser, corresponding to your unique URL, will register an "Upgrade", and each such account is referred to as an "Upgraded Account" of a "Referred User". If a Prospect has been referred by multiple Affiliates, the most recently acquired Cookie will determine which Affiliate will be credited with the Reward or an Upgrade.
‍
1. If a Referred User earns $50.00 USD equivalent's worth of cumulative sales via their Pensight page (using Pensight products and Pensight checkout with a valid Pensight connected Stripe account) while adhering to Pensight Policies, Affiliate will qualify for a $50.00 USD reward ("Reward"). You are limited to one Reward for each Referred User; in other words, additional/repeat sales made by a Referred User do not qualify the Affiliate for additional Rewards. We reserve the right to recover any Referral Rewards if there is a dispute on the sales of the Referred User.

If any payments on Referred User's account results in a refund or charge-back, and a Reward was paid to You for that qualifying Referred User, the applicable Reward will be deducted from any future . If Pensight in its discretion determines that Referred User's revenue or Affiliate's Reward was obtained fraudulently or as a result of a breach of this Agreement, no Reward will be paid to You, or if such violation or fraud is discovered after payment, such amounts shall be deducted from any future Rewards or Upgrade Fees (as defined below). Additionally, if a Referred User requests to be removed from being accounted for as Your Referred User or Upgraded Account, You will no longer be entitled to receive any Rewards or Upgrade Fees.

2. If the Affiliate adheres to the terms of this Agreement, they will be entitled to a referral fee for each Upgraded Account that makes a payment to Pensight on a monthly or annual basis. The referral fee will be 20% the Pro subscription fees received by Pensight for an Upgraded Account (referred to as "Upgrade Fees").

Upgrade Fees will only be paid for transactions that actually take place between Pensight and a Referred User. If the transaction does not actually occur or if Pensight does not receive payment for an Upgraded Account, Affiliate will not receive a Referral Fee for the transaction. Furthermore, if a referral does not link or attach to Your Affiliate account within 30 days of subscribing to Pensight's services, You will not be entitled to any Referral Fees from such referral.

If an Upgraded Account payment results in a refund or charge-back, and a Referral Fee was paid to You for that Upgraded Account payment, the applicable Upgrade Fee will be deducted from any future Upgrade Fees or Rewards. If Pensight in its discretion determines that an Upgrade was obtained fraudulently or as a result of a breach of this Agreement, no Upgrade Fees will be paid to You for such Upgrade, or if such violation or fraud is discovered after payment, such amounts shall be deducted from any future Upgrade Fees. Additionally, if a referral requests to be removed from being accounted for as Your Upgrade, You will no longer be entitled to receive any Referral Fees.

No Upgrade Fees or Rewards shall be given for any Upgraded Account that is associated with the relevant Affiliate.
Affiliate will not receive any Referral Fees for payments that they make to their own Account(s). It is not permissible for Affiliate to open a Pensight account under the name of another person or entity, or under a false name. Furthermore, Affiliate is not allowed to open a Pensight account for the sole purpose of obtaining Referral Fees or any other type of compensation, including incentives or prizes. Affiliate may not pay for someone else's account. Additionally, Affiliate is prohibited from referring itself or any affiliated business.
Affiliate is not permitted to offer cash rebates or other forms of financial incentives to current or potential Sales. If this paragraph is violated, it shall be considered a substantial breach of this Agreement, and Affiliate agrees to repay Pensight all Referral Fees earned due to this violation.

Rewards and Upgrade Fees will be paid on the last day of each month, following the receipt of payments by Pensight.

‍ELIGIBILITY

1. To participate as an affiliate, you must have an active Pensight Expert account.
2. To receive payment for referral fees, you must have an active Stripe account linked to your Pensight account. This is the only method in which Pensight will pay referral fees. If you don't currently have a Stripe account, you can sign up through the following link:https://pensight.com/app/settings/payments. If you are not eligible for Stripe account due to various Stripe limitations for different geographies, risk profiles, or otherwise, you are not permitted to participate in the Affiliate Program.
3. If the Affiliate is an individual, the Affiliate must be at least 18 years old4.   The Affiliate confirms that they are becoming an affiliate for business purposes and not for personal, household, or family reasons.
5. To become an Affiliate, Affiliate must create a Pensight Account by providing all information indicated as required. Pensight may reject someone from participating in Affiliate Program for any reason, inits sole discretion. Pensight will use the email address provided by Affiliate during signup to Pensight as the primary method for communication. Affiliate is responsible for keeping its Pensight Account password secure. Pensight cannot and will not be liable for any loss or damage arising from Affiliate's failure to maintain the security of the Pensight Account and password.
6. Affiliate acknowledges and agrees that Affiliate will be responsible for the performance of all of its obligations under the Agreement, regardless of whether it sublicenses or subcontracts any such obligations to any third party, including but not limited to any affiliates or subsidiaries of Affiliate.
7. Affiliate will promptly inform Pensight of any information known to Affiliate that could reasonably lead to a claim, demand or liability of or against Pensight by any third party.
8. Affiliate acknowledges and agrees that Pensight may modify this Agreement at any time by posting the updated and revised Affiliate Program Agreement on its website https://pensight.com/terms-of-service, and these amendments will become effective on the date of posting. Affiliate's continued participation in the Pensight Affiliate Program after the updatedAgreement is posted on the website constitutes Affiliate's acceptance of the revised Agreement. If Affiliate does not agree to the changes in the Agreement,Affiliate must terminate the Agreement by discontinuing participation in the Pensight Affiliate Program.
9. Affiliate acknowledges and agrees that their participation in the Pensight Affiliate Program, including the information transmitted to or stored by Pensight, is subject to the Pensight Policies available on the website https://pensight.com/terms-of-service.
10. If Affiliate's recruitment efforts include claims about potential income a Pensight customer can make, or if Affiliate references their own income or lifestyle opportunities due to Pensight, Affiliate must comply with the following guidelines: (a) Affiliate's statements must be completely true and accurate and supported by evidence; (b) Affiliate must clearly label hypothetical scenarios as such.

‍NO SPAM

You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner, and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Pensight Affiliate Program.

TAXES AND REPRESENTATIONS

1. Affiliate hereby attests and guarantees to Company that they are carrying out an independent business venture, and that they have fulfilled all business prerequisites needed to manage Affiliate's business, if any, such as permitting, taxation and other business functioning demands.
2. You are obligated to account for any and all tax liabilities, including but not limited to income taxes linked to the Referral Fees You receive from Pensight. If You are not a U.S. resident, Pensight may be required to withhold taxes (including VAT) according to applicable law. In such a case, Pensight will document the withholding.

‍RIGHT TO CLOSE ACCOUNTS AND AFFILIATE PROGRAM PARTICIPATION

Pensight reserves the right to close the account(s) of any Affiliate and/or Referred User and to request proper payment if the Affiliate and/or Referred User attempts to use the Pensight Affiliate Program in a questionable manner or breaches any of these Terms of Service or is in violation of any law, statute or governmental regulation.

Unless stated otherwise in the Agreement, either Party may end this Agreement at any time, with or without reason, upon giving notice to the other Party.

If Pensight determines that Affiliate has engaged in fraudulent or other unacceptable behavior, including breaking this Agreement or any Pensight Policies, Pensight may take one or more of the following actions:
1. Terminate the entire affiliation and all services provided to the Affiliate
2. Suspend some or all of the Affiliate's rights under the Program; and/or
3. Terminate the Affiliate's Pensight account without notice and without recourse, resulting in the forfeiture of any Referral Fees owed to the Affiliate, both as of the date of termination and those that accrue afterwards.

Should either side cancel or suspend your Pensight account, your participation in the Affiliate Program will automatically be terminated and you will no longer be eligible for any additional Referral Fees. If you later activate a Pensight customer account, you are allowed to receive Referral Fees for any new Upgraded Accounts. It should be noted that all Referral Fees from Upgraded Accounts prior to the termination will be forfeited.

In the case of any violation or potential violation by Affiliate of any stipulation in this Agreement, Pensight will have the privilege to
1. promptly bar all such activities, without needing to prove harm or presenting bond or other security;
2. instantly end this Agreement and Affiliate’s access to the Affiliate Program;
3. get a fast payback of all sums paid to Affiliate under this Agreement;
4. be indemnified for any misfortunes, harms or obligation brought about by Pensight regarding such infringement.

USAGE GUIDELINES

You must clearly and in full show the following disclaimer in any website, social media page, email, or any other form of communication or media you use: I am not an employee, agent, or representative of Pensight Ltd., nor does Pensight in any way endorse my products or services. I am an individual Pensight Affiliate and receive commission payments from Pensight in this function. Any thoughts I express here are my own and do not constitute official statements of Pensight or any other related entity.

‍RIGHT TO CANCEL PROGRAM OR CHANGE RIGHTS

Pensight reserves the right to cancel our Expert Affiliate Program or to change these Terms of Service at any time in its sole discretion. Any unclaimed referral rewards can be forfeited at that time.

Pensight reserves the right to change this Agreement including any associated Policies at any time by posting an updated version on the Pensight website or notifying Affiliate. Affiliate's continued participation in the Affiliate Program after the effective date of any modifications to this Agreement binds them to the new terms. It is the Affiliate's responsibility to regularly check the Pensight website for any modifications to this Agreement.

LIMITATIONS OF LIABILITY

Pensight shall not be held accountable for any damages resulting from the Pensight Affiliate Program, Pensight products and services, Pensight Trademarks, Pensight Materials, or their responsibilities under this Agreement. This includes any direct, indirect, incidental, special, consequential, or exemplary damages, such as those pertaining to losses of profits, goodwill, data, or any other intangible losses. Even if Pensight was warned that such damages may occur, they cannot be held liable. The extent of Pensight's liability to the Affiliate shall be limited to the Referral Fees paid to the Affiliate by Pensight within the six (3) months prior to the event prompting the claim for damages. This applies to all cases, including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and other torts. The limitations will be honoured to the fullest extent allowed by applicable law.

SEVERABILITY

If any section of this Agreement is found to be invalid, illegal, or unenforceable for any reason, the rest of the Agreement will remain valid and will be interpreted as if the invalid, illegal, or unenforceable portion was never included.

PENSIGHT'S RIGHT TO MONITOR

Pensight reserves the right to observe or investigate any Affiliate website and Your use of Pensight’s products or services at any time to verify adherence to this Agreement or the Pensight Policies, though we are not obligated to do so. Our final judgement as to whether a violation of these terms has taken place will be binding, and any action taken to enforce this Agreement or any other terms, including no action at all, is solely our decision.

NON-EXCLUSIVITY

No provision in this Agreement is meant to construct, or will be interpreted as constructing, any exclusivity between the Parties. This Agreement will not prevent either Party from making similar arrangements with other individuals or entities, as long as it does not break its commitments under this Agreement, including prohibiting any breach of confidentiality.

Last edited 11 Jan 2023