KiwiData Affiliate Agreement

1. Overview

This Agreement outlines the terms and conditions for participation in the KiwiData Affiliate Program. The purpose of the program is to allow approved affiliates to promote KiwiData services through approved referral links, banners, and promotional material.

Throughout this Agreement, “KiwiData”, “we”, “our”, and “us” refer to KiwiData / Big Noise Group Ltd. “Affiliate”, “you”, and “your” refer to the approved affiliate.

2. Affiliate Responsibilities

2.1 Application and Approval

To join the Affiliate Program, you must complete and submit the online affiliate application. Approval is at KiwiData’s sole discretion and may be revoked at any time if your website, platform, or marketing activity is considered unsuitable.

Unsuitable content includes, but is not limited to:

• Illegal, harmful, or misleading content
• Sexually explicit material
• Violence, hate speech, or abusive content
• Discrimination based on race, religion, gender, nationality, disability, or sexual orientation
• Copyright, trademark, or intellectual property infringement
• Spam, deceptive advertising, or misleading marketing
• Malware, harmful downloads, or software designed to manipulate commissions
• Websites that impersonate KiwiData or suggest an official relationship without permission
• Use of “KiwiData” or similar wording in a domain name or brand without written approval

2.2 Affiliate Links and Tracking

Approved affiliates will receive access to the KiwiData Affiliate Area where referral links, banners, and promotional material may be provided.

To ensure commissions are tracked correctly, affiliates must use the official referral links supplied by KiwiData.

2.3 Website Maintenance

Affiliates are responsible for maintaining their own websites, platforms, and promotional content. KiwiData may review affiliate activity from time to time to ensure compliance with this Agreement.

2.4 Legal Compliance

Affiliates must comply with all applicable laws, including copyright, trademark, advertising, privacy, and consumer protection laws. You are solely responsible for any content you publish or distribute.

3. KiwiData Rights

3.1 Monitoring and Compliance

KiwiData reserves the right to monitor affiliate activity and request changes where necessary. Failure to comply with requested changes may result in suspension or termination from the program.

3.2 Fraud and Abuse

KiwiData may immediately terminate any affiliate account involved in fraud, abuse, misleading advertising, fake referrals, self-referrals, or activity considered harmful to KiwiData or its customers.

Any unpaid commissions associated with fraudulent or abusive activity may be withheld.

3.3 Agreement Start Date

This Agreement begins once your affiliate application has been approved and remains active until terminated by either party.

4. Termination

Either party may terminate this Agreement at any time, with or without reason, by providing written notice by email.

KiwiData may immediately terminate this Agreement if an affiliate breaches any term of this Agreement.

5. Changes to This Agreement

KiwiData may update or modify this Agreement at any time. Affiliates will be notified of significant changes where practical.

Continued participation in the Affiliate Program after updates are published constitutes acceptance of the revised terms.

6. Commission and Payments

6.1 Commission Approval

Commissions are considered pending until the referred order has been successfully paid and remains active beyond any refund, cancellation, or fraud review period.

KiwiData reserves the right to reverse commissions for refunded, fraudulent, unpaid, cancelled, or disputed services.

6.2 Payment Thresholds

Affiliate payments may be requested once the minimum withdrawal balance has been reached. Payment methods and minimum thresholds may be updated from time to time.

6.3 Payment Processing

Affiliate payments are generally processed within 30 days of an approved withdrawal request. KiwiData may request tax, identity, or account information where required by law or internal compliance checks.

7. Affiliate Account Access

Affiliates can log in to the KiwiData Client Area to access reports, commissions, referral tracking, and promotional material.

8. Promotion Rules

8.1 Acceptable Promotion

Affiliates may promote KiwiData through websites, blogs, newsletters, social media, videos, and other approved marketing methods.

The following are not permitted:

• Spam or unsolicited email marketing
• Misleading advertising or false claims
• Fake reviews or impersonation
• Trademark abuse
• Deceptive redirects, forced clicks, or popups
• Cookie stuffing or any attempt to manipulate referral tracking

8.2 Pay-Per-Click Advertising

Affiliates may not bid on KiwiData trademarked terms or confusing variations in paid advertising campaigns without written permission.

This includes terms such as:

• KiwiData
• Kiwi Data
• kiwidata.nz
• Common misspellings or variations

Violation of this rule may result in immediate termination from the Affiliate Program.

9. Use of KiwiData Branding

KiwiData grants approved affiliates a limited, non-exclusive, revocable licence to use approved KiwiData logos, banners, and promotional material solely for participation in the Affiliate Program.

Affiliates may not alter branding or present themselves as being officially part of KiwiData unless authorised in writing.

All KiwiData trademarks and intellectual property remain the property of KiwiData / Big Noise Group Ltd.

10. Disclaimer

KiwiData makes no guarantees regarding affiliate earnings, service availability, website uptime, sales conversions, or business performance.

All services and systems are provided “as is” unless otherwise required by law.

11. Limitation of Liability

To the maximum extent permitted by law, KiwiData shall not be liable for any indirect, incidental, special, or consequential damages, including loss of revenue, profits, data, or business opportunities arising from participation in the Affiliate Program.

KiwiData’s total liability under this Agreement shall not exceed the total commissions paid to the affiliate within the previous 12 months.

12. Indemnity

You agree to indemnify and hold harmless KiwiData, Big Noise Group Ltd, its staff, directors, contractors, and affiliates against any claims, losses, damages, or expenses arising from:

• Your website or content
• Your marketing activities
• Your breach of this Agreement
• Your violation of laws or third-party rights

13. Confidentiality

Any confidential or non-public information shared between KiwiData and affiliates must remain confidential and may not be disclosed without written permission.

14. Independent Relationship

Affiliates are independent contractors. Nothing in this Agreement creates any partnership, employment, franchise, or agency relationship between you and KiwiData.

15. Governing Law

This Agreement shall be governed by the laws of New Zealand. Any disputes arising from this Agreement shall be handled within New Zealand jurisdiction.

16. Entire Agreement

This Agreement represents the complete understanding between KiwiData and the Affiliate and supersedes any prior agreements or communications relating to the Affiliate Program.

Last Updated: April 2026