Affiliates Agreement – Terms & Conditions
These terms govern participation in the Blossom Wellbeing Affiliate Programme (the Programme), operated by [Blossom Wellbeing Group Limited], a company registered in England and Wales under company number 08982814, whose registered office is at The Campus, Packhorse Lane, Sheffield, S35 3HY (Blossom, we, us, our).
By submitting an application to join the Programme, you (the Affiliate, you, your) confirm that you have read, understood and agree to be bound by these terms. If you do not accept them, do not apply. These terms form a legally binding contract between you and Blossom.
1. Definitions and interpretation
1.1 In these terms:
(a)Affiliate Account means the account we create for you on our affiliate platform.
(b)Affiliate Code means a unique discount or referral code we issue to you.
(c)Affiliate Link means the unique tracked web address we issue to you.
(d)Approval Period means 30 days from the date a Qualifying Purchase is completed or, where the purchase is of a session or block of sessions, from the date of the first session.
(e)Client Terms means our terms of business, health screening questionnaire, consent form, cancellation policy and any other document a client must accept before using the Services.
(f)Commission means the amount payable to you under clause 11.
(g)New Client means an individual who has not made a booking or purchase, attended a session, or made a recorded enquiry with Blossom or any member of the Blossom Wellbeing Group in the 12 months before the tracked referral.
(h)Net Value means the amount actually received and retained by Blossom for a purchase, excluding VAT, payment processing fees, any discount, promotional credit, gift voucher or gift card applied to the purchase, any amount later refunded, and any amount funded by a third party.
(i)Qualifying Purchase has the meaning given in clause 11.2.
(j)Services means the Blossom Wellbeing dry floatation sessions, blocks of sessions and gift vouchers offered for sale on our website from time to time.
(k)Tracking Period means 30 days from the date a person clicks your Affiliate Link.
1.2 Clause headings are for convenience only and do not affect interpretation. The words “include”, “including” and “in particular” do not limit what precedes them. A reference to legislation includes that legislation as amended, extended or re-enacted. “Writing” includes email.
2. Nature of the Programme
2.1 The Programme allows approved businesses and practitioners to refer new clients to the Services in return for a commission on those clients’ first purchase.
2.2 The Programme is a commercial referral arrangement only. It is not a franchise, licence to trade, distributorship, agency, partnership, joint venture, employment relationship or clinical partnership.
2.3 Nothing in these terms obliges us to approve any application, to accept any individual you refer as a client, to provide the Services to any person, or to continue the Programme.
2.4 Participation is free. You are not required to buy anything, hold stock, pay a joining fee, or meet any sales target, and we will never ask you to do so.
3. Eligibility
3.1 To apply and to remain in the Programme you must:
(a)be aged 18 or over;
(b)be established in the United Kingdom and be acting in the course of a business, trade, craft or profession. The Programme is not open to consumers;
(c)give us accurate and complete details, including your legal and trading name, business address, contact details and, where you are a company or limited liability partnership, your registered number;
(d)where you practise as a health, care, beauty or wellbeing practitioner, hold current and valid professional indemnity insurance and public liability insurance, and be registered with and in good standing with every professional body, regulator or accrediting organisation that applies to your practice;
(e)hold every licence, registration, consent and permission your own activity requires; and
(f)operate a website, premises, client base, mailing list or social media presence that we consider appropriate for the Services.
3.2 You may not participate in the Programme if you are:
(a)an employee, worker, officer, contractor or volunteer of Blossom or of any member of the Blossom Wellbeing Group, or a member of the household or immediate family of such a person;
(b)acting in the course of employment by, or under a contract with, the NHS, a local authority, a school, a college or any other public body, where receiving a payment for referring a person would or might conflict with your duties or with that body’s policies;
(c)subject to any professional code, employment contract, commissioning contract or organisational policy that prohibits or restricts you from receiving payment for referring a client or patient, unless you have obtained written approval and can produce it to us on request;
(d)a person to whom Blossom Care provides, or has within the previous 12 months provided, care, day or respite services, or a person acting on behalf of such a person; or
(e)currently the subject of disciplinary, fitness to practise or regulatory proceedings, or have an unspent conviction for an offence involving dishonesty, fraud, or an offence against the person.
3.3You must tell us in writing within 5 working days if any statement you have made to us stops being true, if you lose your insurance or professional registration, or if any of the circumstances in clause 3.2 begins to apply to you. We may suspend or terminate your participation immediately in any of those cases.
4. Application, approval and your account
4.1 All applications are assessed by us and approved or refused at our absolute discretion. We are not obliged to give reasons for a refusal.
4.2 Approval is not an endorsement, accreditation, recommendation, certification, or clinical partnership. You must not describe yourself, or allow anyone to describe you, as accredited by, approved by, certified by, partnered with, employed by, or acting on behalf of Blossom. You may describe yourself only as a “Blossom Wellbeing affiliate” or in any other form of words we approve in writing.
4.3 You may hold only one Affiliate Account. You are responsible for keeping your login details confidential and for all activity carried out under your account.
4.4 We may require documentary evidence, including a certificate of insurance, proof of professional registration, proof of identity, proof of address, or proof of trading status, before we approve your application, at any time afterwards, and before we release any Commission.
4.5You authorise us to make reasonable checks with your professional body or regulator to confirm the information you have given.
5. Independent status, tax and expenses
5.1You are an independent business. Nothing in these terms creates a relationship of employer and employee, employer and worker, principal and agent, partnership or joint venture between you and Blossom.
5.2You have no authority to bind us, to incur any expenditure or liability on our behalf, to negotiate or vary our prices or terms, to accept bookings or payment on our behalf, or to make any representation, warranty, promise or guarantee about us or the Services.
5.3You are solely responsible for all income tax, corporation tax, National Insurance contributions, VAT and any other tax or levy arising in connection with Commission, and for registering with HM Revenue and Customs and declaring your earnings as required.
5.4You must tell us whether you are registered for VAT and must notify us within 5 working days of any change. Commission is inclusive of VAT where VAT is chargeable. Where you are VAT registered, we may operate a self-billing arrangement, in which case you agree to accept self-billed invoices we issue and not to raise your own VAT invoices for Commission.
5.5 You bear your own costs of participating, including the cost of your own marketing, website, staff time, insurance, and professional advice. We will not reimburse any expense unless we have agreed to in writing in advance.
5.6 You are not entitled to holiday pay, sick pay, pension contributions, notice, redundancy pay or any other employment right or benefit from us. You indemnify us against any liability, assessment, interest, penalty or cost we incur arising from a claim by you or by any authority that you are or were an employee or worker of Blossom, or arising from your failure to account properly for tax on Commission.
6. How you may promote the Services
6.1 You may promote the Services through: your own website or blog; your own social media accounts; your own email or messaging list, where it has been lawfully obtained; printed material displayed or handed out at your own premises; and in person or by telephone to your own clients and contacts.
6.2 You must use your Affiliate Link or Affiliate Code. A referral that is not tracked to you cannot be paid, and we are under no obligation to attribute it to you after the event.
6.3 You may use only: (a) marketing materials we have supplied to you; or (b) content you have created yourself that describes the Services accurately and uses only claims we have published or approved in writing.
6.4 We may require you to amend or remove any content that mentions us, the Services, or the Programme. You must comply within 5 working days of our notice. Failure to do so is a material breach of these terms.
6.5 We may ask you at any time to supply examples of your promotional content, including posts, emails, printed material, and scripts, and you must provide them within 10 working days.
7. Disclosure of your commercial interest
7.1 Whenever you promote the Services, you must make it clear, before the reader, viewer, or client engages with your recommendation, that you will be paid if they book.
7.2 In online, social and email content, you must include a clear label such as “Ad”, “#ad” or “Paid partnership” at the beginning of the post, caption, video, story or message, positioned so that it is visible without the reader having to click “see more”, scroll, expand a caption, open a link or watch to the end. The words “affiliate”, “affiliate link”, “sp”, “spon”, “collab”, “partner”, “thanks to” and “gifted” are not sufficient on their own.
7.3Where you recommend the Services in person, by telephone, in a consultation, in a treatment room or in any other professional setting, you must tell the person before they book that you receive a commission if they do, and you must keep a record that you have done so. If you give them anything in writing, the disclosure must also be in writing.
7.4 Disclosure is not adequate if it appears only in your biography, a website footer, a block of hashtags, a linked page, a separate document, or in text that is small, faint, brief or otherwise easy to miss.
7.5 You must comply with the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP Code), the Digital Markets, Competition and Consumers Act 2024, the Consumer Protection from Unfair Trading provisions in force from time to time, and any guidance published by the Advertising Standards Authority or the Competition and Markets Authority.
7.6 You acknowledge that a failure to disclose may expose both you and Blossom to regulatory action, and that we may suspend or remove you from the Programme immediately and without notice for any disclosure failure.
8. Claims about the Services, health and professional conduct
8.1 You must not state or imply that the Services treat, cure, prevent, diagnose, relieve, manage or alleviate any medical condition, illness, injury, symptom, disability or disorder, whether physical or mental.
8.2 You must not make any claim about the Services which is not either contained in material we have published or approved by us in writing. If you are unsure whether a form of words is permitted, ask us before you publish it.
8.3 You must not refer to, or use imagery, case studies or testimonials relating to, any condition for which a person should seek the advice of a suitably qualified health professional, and you must not suggest that the Services are an alternative to, or a reason to delay, decline or discontinue, medical advice or treatment.
8.4 You must not present the Services as a medical device, a medical treatment, a clinical intervention or a therapy, and you must not use expressions such as “clinically proven”, “medically approved”, “evidence based”, “therapeutic” or “prescribed” unless we have approved that specific wording in writing.
8.5 You must not diagnose, screen, assess, or advise any individual on their suitability or fitness to use the Services. All suitability decisions rest with Blossom under clause 12.
8.6 You must not give any assurance, guarantee or prediction about the outcome, benefit or result a person will experience.
8.7 You must not write, commission, incentivise, edit or publish any review, rating, testimonial or endorsement that is not a genuine and accurate account of a real experience, and you must not offer any payment, discount, gift or other incentive in exchange for a positive review. This applies to reviews of the Services and to reviews of your own business that mention them.
8.8 Where you are a registered, regulated or accredited practitioner, you remain fully responsible for complying with your own professional code, including any rule about financial interests, conflicts of interest, transparency with clients and payment for referrals. Nothing in these terms overrides that code. You must not accept Commission where your code prohibits it, and you must tell us immediately if your position changes.
8.9 You must not allow the prospect of Commission to influence the clinical, professional or personal advice you give to any person.
9. Prohibited conduct
9.1 You must not:
(a)bid on, purchase or participate in any paid search, paid social or display advertising using “Blossom”, “Blossom Wellbeing”, “Blossom Care”, “Blossom Wellbeing Group”, any of our other brand or product names, any variation, misspelling, plural or translation of them, or any of those terms combined with words such as “float”, “floatation”, “dry float”, “pod”, “voucher”, “offer”, “discount”, “review”, “reviews” or “Sheffield”;
(b)use our name or any variation of it in an advertisement display URL, headline or extension, or register it as a domain name, sub-domain, social media handle, page, group, channel, app name, business name or trade mark;
(c)link directly from a paid advertisement to our website, or use any redirect that has the same effect;
(d)place your Affiliate Link or Affiliate Code on a voucher, coupon, cashback, deal or discount website or app, in a browser extension, toolbar, pop-up or overlay, or in any software, without our prior written consent;
(e)use cookie stuffing, forced clicks, hidden iframes, automatic redirects, pre-population, typosquatting or any other technique that sets or claims tracking without a genuine and informed click by a real person;
(f)use your own Affiliate Link or Affiliate Code for your own purchases or for those of a member of your household, your business, your staff or your immediate family;
(g)create or arrange bookings, enquiries or purchases that are not genuine, or arrange for a purchase to be split, cancelled, reversed or re-made in order to create or increase Commission;
(h)offer, advertise or provide any discount, refund, incentive, rebate, cashback, prize or free gift in connection with the Services, or share your Commission with a client, unless we have agreed it in writing;
(i)send any unsolicited email, text, WhatsApp, direct message or other electronic marketing message, use a purchased, rented, scraped, inherited or third party contact list, or contact anyone who has objected to or opted out of your marketing;
(j)contact our clients, or any individual whose details you obtained through the Programme, for any purpose other than one expressly permitted by these terms;
(k)display your Affiliate Link or Affiliate Code on, or alongside, content that is unlawful, obscene, violent, defamatory, discriminatory, gambling-related, misleading, or that infringes any third party’s rights;
(l)approach, pressure, incentivise or repeatedly solicit any person you know or ought reasonably to know is a vulnerable adult, lacks capacity to make the decision, or is in acute physical or emotional distress;
(m)misrepresent your relationship with us, respond to a media enquiry, complaint or review on our behalf, or make any public statement about us;
(n)use an automated tool, bot, script or generative artificial intelligence to produce promotional content that you have not personally reviewed for accuracy and for compliance with clauses 7 and 8; or
(o)do anything that damages, or is likely to damage, our reputation, our goodwill or the safety or wellbeing of any person.
9.2Any breach of clause 9.1 entitles us to withhold or reverse Commission, to suspend or close your Affiliate Account immediately and without notice, and to recover any loss we suffer.
10. Intellectual property and use of our brand
10.1 We grant you a limited, revocable, non-exclusive, non-transferable, royalty-free licence to display our name, logo, images and approved marketing materials for the sole purpose of promoting the Services under the Programme, for as long as you remain an approved Affiliate.
10.2No right, title or interest in our intellectual property passes to you. All goodwill generated by your use of our brand accrues to us.
10.3You must not alter, distort, crop, recolour, animate, overlay or combine our logo with any other mark, or use our brand in a way that suggests we endorse you, your business, your premises or your own services.
10.4You must follow any brand guidelines we issue from time to time.
10.5 On termination for any reason, you must remove every use of our name, logo, images, links, codes and materials from every channel you control within 5 working days, and confirm to us in writing that you have done so.
10.6You grant us a non-exclusive, royalty-free licence to use your business name and logo to identify you as a participating affiliate on our website and in our materials. Either party may withdraw this licence on written notice.
10.7You warrant that any content you publish in connection with the Programme is your own or properly licensed and does not infringe the rights of any third party.
11. Tracking, Commission and payment
11.1Commission is 10% of the Net Value of the first Qualifying Purchase made by a New Client whose purchase is validly tracked to you. No Commission is payable on that client’s later purchases, renewals or rebookings.
11.2A purchase is a Qualifying Purchase only if all of the following apply:
(a)it is made by a New Client;
(b)it is made within the Tracking Period, or is made using your Affiliate Code;
(c)it is paid for in full, and the payment clears;
(d)it is not cancelled, refunded, charged back, written off or the subject of an unresolved dispute at the end of the Approval Period;
(e)it is not funded, in whole or in part, by the NHS, a local authority, a care provider, an employer, an insurer or any other third party; and
(f)it has not been obtained in breach of these terms.
11.3 Attribution is on a last-click basis. Where a person clicks more than one affiliate link, the most recent valid click within the Tracking Period takes priority. Where an Affiliate Code is entered at checkout, it overrides any tracking cookie.
11.4 Tracking depends on cookies and on the person’s device, browser, and settings. Cookies may be blocked, refused, deleted, or lost if a person changes devices, uses private browsing, or takes longer than the Tracking Period to complete a booking. We are not liable for referrals that are not tracked, and no Commission is payable on them.
11.5No Commission is payable where the person: was already known to us as a client or enquirer within the previous 12 months; came to us through our own advertising, email, event, social media or a direct enquiry and separately clicked your link; is a client of Blossom Care; or is you, your staff, your household or your immediate family.
11.6 Where a gift voucher is purchased, Commission is calculated on the amount paid for the voucher and is payable only where the purchaser is a New Client. No further Commission arises when the voucher is redeemed, regardless of who redeems it.
11.7Our records of clicks, referrals, bookings, cancellations and revenue are conclusive in the absence of manifest error. You may query any figure by writing to us within 30 days of it first appearing in your dashboard, after which it is treated as accepted.
11.8Commission is held for the Approval Period and becomes approved at the end of it if none of the events in clause 11.2(d) has occurred.
11.9 Approved Commission is paid monthly in arrears by the 15th day of the following month, provided your approved balance is at least £25. A balance below £25 rolls forward to the next month.
11.10 Payment is made by [bank transfer / PayPal / Stripe] to the details held on your Affiliate Account. You are responsible for the accuracy of those details, and we are not liable for any payment made to details you supplied incorrectly, or for any charge levied by your payment provider.
11.11 We may withhold payment for a reasonable period while we investigate a suspected breach of these terms, a suspected fraudulent or artificial transaction, a client complaint, or a chargeback.
11.12 If Commission has been paid and the underlying purchase is later cancelled, refunded, charged back, or found to have been obtained in breach of these terms, we may reverse it, set it off against Commission payable to you in the future, or invoice you for repayment. An invoice is payable within 30 days.
11.13 If your Affiliate Account is inactive for 12 consecutive months and holds an approved balance below the payment threshold, we may close it, and the balance is forfeited, provided that we have first given you 30 days’ written notice at the email address held on your account.
12. Clients, suitability and safety
12.1 Any contract for the Services is made between Blossom and the client alone, on our Client Terms. You are not a party to that contract and acquire no rights and no obligations under it.
12.2 Every client must complete our health screening and consent process and be accepted by us before their first session. We decide, at our sole discretion, whether an individual is suitable for the Services, and we may decline or cancel any booking.
12.3 You must not carry out screening, complete or help complete our forms on a person’s behalf, advise on contraindications, or tell any person that they are or are not suitable for the Services. You must direct everyone to our published information and screening process.
12.4You must not refer any person where you know, or ought reasonably to know, that the Services may be unsuitable or unsafe for them, that they lack capacity to consent, or that a clinician has advised them against it.
12.5 You must direct anyone you refer to our published information, prices, cancellation policy, and Client Terms. You must not vary them, summarise them inaccurately, or say anything that contradicts them.
12.6 If a client raises a complaint, concern, injury, or safety issue with you about the Services, you must tell us within 2 working days. You must not attempt to resolve it, admit fault or liability on our behalf, or offer any refund, discount or other remedy.
12.7If you have a safeguarding concern about any person you have referred or intend to refer, you must follow your own safeguarding obligations and tell us as soon as reasonably practicable.
13. Data protection
13.1Each party is an independent controller of the personal data it processes in connection with the Programme. Neither party acts as a processor for the other.
13.2You must comply with the UK GDPR, the Data Protection Act 2018 and the Privacy and Electronic Communications Regulations 2003, each as amended.
13.3You must have a lawful basis for every marketing message you send, keep records of the consent or soft opt-in you rely on, provide a working unsubscribe in every message, and act on objections and opt-outs promptly.
13.4You must not use special category data, including any information about a person’s health, disability, treatment or condition that you have obtained through your practice or your relationship with them, to select, segment, target or approach them in connection with the Programme, unless you have their explicit consent and can evidence it.
13.5 You must not send us personal data about any individual unless you have a lawful basis for doing so and have informed that individual.
13.6We process personal data about you and your business as described in our privacy notice at [URL].
13.7Each party must notify the other without undue delay, and in any event within 48 hours, of any personal data breach affecting personal data connected with the Programme.
13.8You indemnify us against any loss, fine, penalty, claim or cost arising from your breach of this clause 13.
14. Anti-bribery, safeguarding and lawful conduct
14.1You must comply with all applicable anti-bribery and anti-corruption laws, including the Bribery Act 2010, and with all applicable modern slavery, equality and health and safety legislation.
14.2You confirm that receiving Commission is not and will not be an improper inducement or reward, does not breach any duty you owe to any client, patient, employer, commissioner, funder or regulator, and is permitted by every code, contract and policy that applies to you.
14.3 We may require you to evidence clause 14.2 at any time and may withhold Commission until you do so.
14.4 We may report suspected bribery, fraud, professional misconduct, or safeguarding concerns to the police, a professional body, a local authority, or any other appropriate authority, and you consent to us sharing relevant information with them.
15. Confidentiality
15.1Confidential Information means any non-public information you obtain through the Programme, including commission rates offered to other affiliates, client names and numbers, booking volumes, pricing not published on our website, business plans and dashboard data.
15.2You must keep Confidential Information confidential, use it only for the purposes of the Programme, and not disclose it to any third party except to your professional advisers or where required by law.
15.3This clause does not apply to information that is or becomes public through no fault of yours, or that you already lawfully held. It continues for 3 years after termination.
16. Your warranties and indemnity
16.1You warrant and undertake that: you have the capacity and authority to enter into these terms; every statement you have made to us is true, accurate and complete; you will comply with these terms and with all applicable laws, codes and professional obligations; you hold and will maintain the insurance required by clause 3.1(d); and all content you publish is lawful, accurate and not misleading.
16.2You indemnify us, and our officers, employees and group companies, on demand, against all liabilities, losses, damages, fines, penalties, awards, costs and expenses (including reasonable legal costs) arising out of or in connection with:
(a)your breach of these terms;
(b)any claim, complaint, investigation, ruling or enforcement action by the Advertising Standards Authority, the Competition and Markets Authority, the Information Commissioner’s Office, HM Revenue and Customs, a professional body or any other regulator, arising from your acts or omissions;
(c)any claim brought by a person you referred that is based on a statement, assurance, recommendation or advice you gave;
(d)any claim that content you published infringes the rights of a third party; and
(e)your negligence, wilful misconduct or fraud.
16.3This indemnity survives termination of these terms.
17. Our liability
17.1Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.
17.2We make no representation and give no warranty that the Programme, our website, our booking system or our tracking software will be available, uninterrupted, accurate or free from error, or that you will earn any particular amount of Commission, or any Commission at all. Any figures we publish about potential earnings are illustrative only.
17.3Subject to clause 17.1, we are not liable for lost, blocked or inaccurate tracking, for the failure or withdrawal of any third party platform or payment provider, or for any loss of anticipated Commission, profit, revenue, business, contract, goodwill or opportunity, or for any indirect or consequential loss.
17.4Subject to clause 17.1, our total liability to you in connection with the Programme, whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise, is limited in aggregate to the greater of £100 and the total Commission properly paid to you in the 12 months immediately before the date on which the claim arose.
17.5You acknowledge that these limits are reasonable, given that participation in the Programme is free of charge, and Commission is your only entitlement under it.
18. Changes to the Programme
18.1We may change these terms, the Commission rate, the Tracking Period, the Approval Period, the payment threshold, the payment date or any other aspect of the Programme, by giving you 30 days’ written notice by email to the address on your Affiliate Account or by notice in your dashboard.
18.2Changes take effect on the date stated in the notice and apply to referrals tracked on or after that date. Commission that has already accrued is not affected.
18.3If you do not accept a change, your remedy is to terminate under clause 19.1 before it takes effect. Continuing to participate after the effective date is acceptance of the change.
18.4We may suspend or close the Programme entirely on 30 days’ written notice. We will pay Commission that is approved, or that becomes approved, in respect of Qualifying Purchases made before the closure date.
18.5 We may change the Services, our prices, our opening hours, and our Client Terms at any time and without notice to you.
19. Suspension and termination
19.1 You may terminate at any time by giving us written notice or by closing your Affiliate Account.
19.2 We may terminate at any time by giving you 14 days’ written notice, without giving a reason.
19.3 We may suspend or terminate your participation immediately and without notice if: you breach these terms; we reasonably suspect fraud, artificial transactions or manipulation of tracking; you cease to meet the eligibility criteria in clause 3; you lose your insurance or professional registration or become subject to disciplinary or fitness to practise proceedings; you become insolvent, enter any insolvency process or cease trading; or your conduct brings us into disrepute or presents a risk to any person.
19.4 On termination, your Affiliate Link and Affiliate Code are disabled, the licence in clause 10 ends immediately, and clause 10.5 applies.
19.5 Where we terminate under clause 19.2, or you terminate under clause 19.1, we will pay Commission that is already approved in the next payment run, and Commission that is still within its Approval Period once it becomes approved, in each case whether or not the payment threshold is met.
19.6 Where we terminate under clause 19.3, all unpaid Commission, whether approved or not, is forfeited, and we may recover Commission already paid on any affected transaction. This does not limit any other remedy available to us.
19.7 Clauses 5.3 to 5.6, 8, 10.2, 10.5, 12, 13, 15, 16, 17, 19, 20 and 21, and any other clause that by its nature is intended to survive, continue in force after termination.
20. Complaints and disputes
20.1 If you are unhappy with a decision we have made, write to us at [EMAIL]. We will acknowledge within 3 working days and respond within 10 working days.
20.2 If you are not satisfied with our response, you may escalate it in writing to [NAME OR ROLE] within 10 working days.
20.3If a dispute is not resolved within 30 days of escalation, either party may propose mediation before starting court proceedings. Nothing in this clause prevents either party from applying to the court for injunctive relief at any time.
21. General
21.1 These terms, together with your application and any written approval we give, are the entire agreement between us about the Programme and supersede anything said or written before. You confirm you have not relied on any statement not set out in them. Nothing in this clause limits liability for fraudulent misrepresentation.
21.2 You may not assign, sub-contract, charge or otherwise transfer your rights or obligations. We may assign or transfer ours to a member of our group or to a person acquiring our business.
21.3 A delay or failure by either party to enforce a right is not a waiver of that right or of any other right.
21.4 If any provision is found to be invalid or unenforceable, the rest of these terms remains in force, and the provision is to be applied to the extent it lawfully can be.
21.5 Notices are given by email to the address on your Affiliate Account and to [EMAIL] for us, and are deemed received on the next working day. You must keep your contact details up to date.
21.6 No person other than you and Blossom has any right to enforce these terms under the Contracts (Rights of Third Parties) Act 1999, except that any member of the Blossom Wellbeing Group may enforce clauses 8, 9, 10, 15 and 16. In particular, a client you refer has no rights under these terms.
21.7 Neither party is liable for a failure or delay in performance caused by an event beyond its reasonable control.
21.8 You confirm that you are entering into these terms in the course of your business and that you are not acting as a consumer.
21.9 These terms and any dispute arising from them are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.