Rachel Sam Marketing Referral Programme Terms and Conditions

Last updated: 16th August 2025

These Terms and Conditions (“Agreement”) govern the referral programme between Rachel Sam Marketing (“RSM”) and the participating academy or business (“Academy”).

1. Definitions

1.1 Academy means the organisation participating in the referral programme.

1.2 Referral means a student who uses the Academy’s unique customer code at checkout and purchases a marketing package from RSM.

1.3 Marketing Packages refers to the services offered by RSM, including Essentials, Growth, and Expansion packages.

1.4 Payment means the amount due to the Academy for each successful referral as described in clause 3.

2. Eligibility

2.1 The Academy must provide accurate bank account details to receive payments.
2.2 Only referrals where the student enters the Academy’s unique code at checkout are eligible for a payment.

3. Referral Payment Rates

3.1 RSM will pay the Academy:

  • 5% of the purchase price for Essentials and Growth packages.

  • 10% of the purchase price for Expansion packages.
    3.2 Payments will be made via bank transfer on the last working day of each month. The timing of fund clearance depends on the Academy’s bank.
    3.3 Payments are only due for completed purchases; refunds or cancellations will not qualify for referral payments.
    3.4 RSM reserves the right to update the percentage rates and the prices of Marketing Packages at any time. Continued participation constitutes acceptance of the updated rates and prices.

4. Brand Use

4.1 The Academy may use RSM’s name and logo solely to promote the referral programme. All use must be approved in advance by RSM.
4.2 RSM may use the Academy’s name and logo in promotional material related to the programme, provided RSM obtains prior permission from the Academy.
4.3 This Agreement does not grant either party ownership of the other party’s logos or intellectual property beyond the purposes outlined herein..

5. Confidentiality and Data Protection

5.1 Both parties agree to keep all programme-related information confidential, except where disclosure is required by law.
5.2 Both parties shall comply with all applicable data protection laws, including the UK GDPR, when processing personal data in connection with this programme.

6. Communications

6.1 All communications regarding the programme must be professional and accurate.
6.2 The Academy shall promptly notify RSM of any errors, disputes, or concerns relating to referrals or payments.

7. Dispute Resolution

7.1 Both parties agree to resolve disputes in good faith through informal discussions.
7.2 If a dispute cannot be resolved within 14 days, it may be escalated to mediation before any legal action.

8. Termination

8.1 Either party may terminate this Agreement by providing 30 days’ written notice.
8.2 RSM may terminate immediately if the Academy breaches these terms, engages in misleading promotion, or uses logos or branding without permission.
8.3 Termination does not affect payments already due for completed referrals.

9. Relationship of Parties

9.1 Nothing in this Agreement creates a partnership, joint venture, or employment relationship between RSM and the Academy.
9.2 Each party acts as an independent entity.

10. General

10.1 RSM may update these Terms and Conditions at any time. Continued participation in the programme constitutes acceptance of the updated terms.
10.2 This Agreement is governed by the laws of England and Wales.

11. Limitation of Liability

11.1 RSM shall not be liable for any indirect, incidental, consequential, or punitive losses arising from participation in the referral programme.

11.2 RSM’s total liability for any direct loss or damage under this Agreement shall not exceed the total referral payments actually received by the Academy during the 12 months preceding the claim.

11.3 The Academy agrees to indemnify and hold RSM harmless from any claims, losses, or damages arising from the Academy’s use of the referral programme, including misuse of logos or promotion of services.

12. Force Majeure

12.1. Neither party will be liable for any delay or failure to perform its obligations where such delay or failure is caused by events beyond its reasonable control, including but not limited to natural disasters, acts of government, power failures, or internet outages.

Acceptance

By ticking the acceptance box and making payment, you confirm that you have read, understood, and agree to these Terms and Conditions in full.