Last updated 13th March 2023

My Tax Digital Affiliate Programme Terms and Conditions

This text introduces the My Tax Digital Affiliate Programme Agreement, which outlines the terms and conditions of the My Tax Digital Affiliate Program offered by Open Answers Ltd. Individuals or companies interested in participating must agree to the terms and conditions of this agreement by clicking the “Enrol” button on the affiliate application. It is advised that the agreement is read carefully before accepting its terms.

Enrolment

To enrol in the My Tax Digital Affiliate Programme, the Affiliate must submit and complete an application on mytaxdigital.co.uk. Open Answers Ltd will evaluate the application and inform the Affiliate of its acceptance or rejection. The company may reject the application or terminate the agreement for any reason, with or without notice to the Affiliate, including a determination that the Affiliate’s site is unsuitable for or incompatible with the program.

Links

According to the agreement, the Affiliate must post at least one Link to the My Tax Digital Site on their owned or operated website(s), social media account, email signature or other public-facing internet-based platform within ten business days after being accepted into the programme. The use of any masking of URLs to make the Affiliate’s link appear as an official mytaxdigital.co.uk link is prohibited. The Link must not mislead visitors and should be intended to direct users to the My Tax Digital Site for that particular Link. The Affiliate Site must include the My Tax Digital Brand Features, which cannot be altered, removed, or customised by the Affiliate. The Affiliate is also not allowed to use or display the Link(s) or My Tax Digital Brand Features in any way that could potentially damage the reputation or goodwill associated with My Tax Digital, including defamatory, misleading, libellous, or obscene manner.

Obligations and Restrictions

The Affiliate is solely responsible for the development, operation, and maintenance of their website and ensuring that its content is appropriate and does not infringe on any third-party rights. The Affiliate is prohibited from purchasing or using domain names that incorporate any part of the My Tax Digital Brand Features, purchasing search engine keywords that outrank My Tax Digital’s brand features, identifying the Affiliate site as an official site, and changing any My Tax Digital product price or offering additional Affiliate discounts or rebates. The Affiliate agrees to indemnify, defend, and hold Open Answers Ltd and its officers, directors, employees, agents, partners, successors, and assigns harmless from any claims, losses, liabilities, damages, or expenses arising from the development, operation, maintenance, and contents of their website.

Competitor Services

This clause sets forth that if the Affiliate is approved, Open Answers Ltd would prefer that the Affiliate does not promote or sell products that compete with My Tax Digital Products. However, if the Affiliate does promote or sell competitive products, they agree to place My Tax Digital’s Content in a location and manner on their Site that is equal to or better than the location and manner in which they place a competitor’s Content. This ensures that My Tax Digital’s Content is given equal or greater visibility than that of competitors, helping to maintain My Tax Digital’s brand reputation and customer base.

Licence

As an Affiliate, you are granted a limited, nonexclusive, royalty-free, non-transferable, worldwide licence to use the My Tax Digital Brand Features and Content solely in the form provided by Open Answers Ltd. This licence is granted to you without the right to sublicense to any third party. You are only authorised to use the My Tax Digital Brand Features and Content as long as you are a member in good standing of the Affiliate Program. The licence granted to you is for the sole purpose of promoting My Tax Digital and its products and services through your Affiliate Site. Any other use of the My Tax Digital Brand Features and Content is strictly prohibited without the express written consent of Open Answers Ltd.

Reservation of Rights

Open Answers Ltd retains all rights to My Tax Digital brand features and website, as well as any intellectual property rights associated with them. The company also reserves the right to set all product pricing and fees, and may change them at its sole discretion with or without notice. The agreement does not grant any licences to the Affiliate other than those expressly stated in the agreement.

Termination

The agreement becomes effective on a certain date and will end when terminated by either party. Open Answers Ltd can terminate the agreement with or without cause and notice, and the affiliate can terminate by removing the My Tax Digital Brand Feature from their site and notifying Open Answers Ltd. If the agreement ends, all licences will terminate, and the affiliate must remove the Affiliate Link(s) and My Tax Digital Brand Features from their site.

Modification

Open Answers Ltd can change the terms of this Agreement by updating this document. If the modification is not acceptable to Affiliate, they may terminate the Agreement. If Affiliate continues to participate in the program after the changes have been made, it will be considered as acceptance of the modifications.

Disclaimer

My Tax Digital Site and related services are provided “as is” with no warranty, and Open Answers Ltd disclaims any warranty, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement. Open Answers Ltd makes no representation or warranty that the links, the tracking data, the operation of My Tax Digital’s site, or procedures and systems for tracking and reporting any sales generated by the affiliate site will be uninterrupted or error-free, and Open Answers Ltd shall not be liable for the consequences of any interruptions or errors. Open Answers Ltd has no liability under warranty or otherwise to any customers for damages arising from the delivery, use, or performance of Open Answers’ products.

Limitation of Liability

Open Answers Ltd will not be liable for any indirect, incidental, consequential, special or exemplary damages arising from or relating to any provision of this agreement or the program. This includes damages for any loss of revenue, profits, business interruption, loss of business information or data, loss of goodwill, work stoppage, hardware or software failure, or other pecuniary loss.

Authority

If the person entering into this Agreement is representing a company, they represent that they have the authority to enter into this Agreement on behalf of the company, and will indemnify and hold Open Answers Ltd harmless from any claims arising from a breach of this representation. If the person entering into this Agreement is an individual, they represent that they are at least 18 years old. Publicity

Affiliates are not allowed to create, publish, distribute or allow any written material that refers to My Tax Digital or Open Answers without obtaining written consent from Open Answers Ltd after submitting the material.

Relationship of Parties

Affiliate and Open Answers Ltd are independent contractors and the agreement will not create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Affiliate will not make any statements that contradict this section and is solely responsible for its expenses, employees, sales representatives, and agents.

Communications

Affiliate agrees to receive periodic information about My Tax Digital’s affiliate programs as a result of becoming a My Tax Digital Affiliate.

Assignment

Affiliates may not transfer or assign this agreement without the prior written consent of Open Answers Ltd. However, the agreement will still be binding and enforceable for the parties and their successors and assigns.

Independent Investigation

In summary, you acknowledge that you have read and agree to all the terms and conditions of this agreement. You understand that Open Answers Ltd may directly or indirectly solicit customer referrals and operate websites that are similar to or compete with your website. You have independently evaluated the desirability of participating in the affiliate program and are not relying on any representation, guarantee, or statement other than what is set forth in this agreement.