1. Parties and acceptance
These terms form an agreement between Arintelli Ltd, company number 16454397, whose registered office is 7 Woodlands Road, Tonbridge, England, TN9 2NE, trading as InTheMoment ("InTheMoment", "we", "us"), and the person or business accepted into the InTheMoment Creator Programme ("Creator", "you").
You join the programme when you select the checkbox confirming that you agree to these terms while signed in. We record your account, the version accepted and the acceptance date. You confirm that you are at least 18 and able to enter into this agreement.
Our Terms of Service and Privacy Policy also apply when you use InTheMoment. These Creator Programme Terms take priority for the programme if there is a conflict.
2. Your relationship with InTheMoment
You participate as an independent contractor. These terms do not create employment, an agency, a partnership, a franchise or authority to bind InTheMoment. The programme is non-exclusive and you choose whether, when and how to recommend InTheMoment, subject to these terms.
You are responsible for your own taxes, registrations, insurance and expenses. You must provide accurate identity, contact, tax and payment information when reasonably requested.
3. Referral links and attribution
We give you a personal referral link after you accept these terms. It is for your use and may not be sold, transferred, hidden or placed into a sub-affiliate network without our written permission.
An Eligible Referral is a person who:
- follows your valid personal referral link;
- does not already have an InTheMoment account;
- creates an account within 30 days of that visit; and
- later makes a genuine, successful payment to InTheMoment.
Attribution is determined from InTheMoment's records. Existing users cannot be reassigned to a Creator and a person can be attributed only once. We will correct a clear tracking error where reasonably possible, but attribution can be lost if a person blocks or deletes cookies, changes device or browser, or does not use the referral link.
4. Commission
Your Commission Rate is the percentage agreed with you and shown in your creator dashboard. Rates may differ between Creators. A different rate or later change must be agreed with you in writing, including by email or through the dashboard, and takes effect on the date agreed.
Commissionable Revenue means successful subscription payments actually received by InTheMoment from an Eligible Referral, less refunds, reversals and chargebacks. It excludes declined payments, free trials, credits, fraudulent transactions, self-referrals and transactions made mainly to generate commission.
Commission starts with the referred customer's first successful payment and applies to Commissionable Revenue received during the following 12 calendar months. Each customer's period is separate. Commission is calculated in the currency in which the customer paid unless we agree otherwise.
Dashboard figures are estimates until earnings have cleared the hold period and all refunds, reversals and eligibility checks have been applied.
5. Holds and payments
We hold earnings for 30 days after the underlying customer payment to allow for refunds, chargebacks and eligibility checks. Cleared balances are normally paid monthly, around the 15th.
We do not have to release a payout until you have accepted the current terms and supplied complete payment, identity and tax information that we reasonably need. Missing details delay payment but do not erase valid cleared commission. We may carry it forward to a later payment run.
For international payments or currency conversion, we will confirm the method and any transfer fee or exchange-rate treatment before payment. You must tell us promptly if a dashboard figure or payout appears incorrect. We may correct calculation errors and recover a genuine overpayment from a later balance or ask for repayment.
6. Promoting InTheMoment
You must:
- clearly disclose the commercial relationship wherever you recommend InTheMoment using your link, for example: "Ad: I may earn commission if you subscribe through this link";
- give your honest opinion and make only statements you can support;
- comply with applicable advertising, consumer-protection, privacy, marketing and platform rules; and
- promptly correct or remove content that is inaccurate, unlawful or misleading.
You must not:
- claim that InTheMoment diagnoses, treats or cures a medical or mental-health condition, or guarantee a result;
- present yourself as our employee, agent or authorised clinical representative;
- send spam, use bought contact lists, impersonate someone or use deceptive redirects;
- create artificial clicks, accounts, subscriptions or transactions, including through bots or incentives designed mainly to generate commission;
- refer yourself or coordinate circular or sham referrals;
- bid on the InTheMoment name in paid search, register confusing domain names or social handles, or operate a coupon listing without written permission; or
- alter the destination or tracking of your referral link.
7. Brand and content rights
While your creator account is active, we give you limited, non-exclusive, revocable and non-transferable permission to use the InTheMoment name and approved brand assets solely to promote InTheMoment under these terms. You must stop using them when this agreement ends or when we reasonably ask.
You own your content. Joining the programme does not give us permission to reuse your name, likeness, testimonial or content in our advertising. We need separate permission for that.
8. Customer privacy
The dashboard may show aggregated or pseudonymous referral and earnings information. It does not give you a right to customer identities or personal information. You must not try to identify referred users. If you independently collect personal information, you are responsible for complying with applicable privacy and marketing law.
9. Suspension and invalid referrals
We may temporarily pause your link or payouts while reasonably investigating suspected fraud, abuse, security issues, misleading promotion, legal or platform violations, or a material breach. We will give you the general reason unless that would compromise an investigation or legal obligation, and will resolve the review within a reasonable time.
We may reject or reverse commission connected to an invalid referral, refund, chargeback, fraud, artificial activity, self-referral or breach that caused the transaction. We will not forfeit unrelated, legitimate cleared commission merely because another referral is disputed.
10. Ending the agreement or programme
You may leave at any time by emailing [email protected]. We may end your participation or close the programme by giving 30 days' written notice. We may suspend or terminate immediately for fraud, artificial traffic, a material or repeated breach, unlawful activity, serious risk to customers or our brand, or where required by law or a service provider.
From the effective termination date:
- your link stops accepting new referrals;
- you must stop presenting yourself as an InTheMoment Creator; and
- no commission arises from people first attributed after that date.
On an ordinary termination by either side, or a general programme closure, Eligible Referrals attributed before termination continue earning for the remainder of each customer's original 12-month period. These earnings remain subject to refunds, chargebacks, the 30-day hold and these terms.
If we terminate for fraud or a serious breach, we may cancel only commission that resulted from, was affected by, or cannot reasonably be separated from the misconduct. Valid, unrelated commission already earned remains payable unless the law allows otherwise.
11. If InTheMoment stops trading
If InTheMoment permanently stops providing paid services, no new Commissionable Revenue can arise after the service ends. Cleared commission already due remains a debt of the company and will be handled under applicable law. If the company becomes insolvent, Creators may rank as unsecured creditors and payment may be reduced or unavailable through the insolvency process. These terms do not promise payment where the company is legally or practically unable to pay.
12. Changes to the programme or terms
We may make reasonable changes to the programme. We will give at least 30 days' notice of a material change that disadvantages Creators, unless an earlier change is reasonably necessary for law, security, fraud prevention or a third-party requirement.
A change to your Commission Rate requires your written agreement under section 4. If you do not accept other revised terms, you may leave before they take effect. We may require you to accept a new version in the dashboard before continuing in the programme.
13. Liability
Nothing in these terms limits liability that cannot lawfully be limited, including liability for fraud or fraudulent misrepresentation, or death or personal injury caused by negligence.
Subject to that, neither side is liable for indirect or consequential loss, loss of profit, loss of opportunity or loss of data arising from the programme. Our total liability under these terms will not exceed the greater of £100 and the commission paid or payable to you in the 12 months before the event giving rise to the claim.
14. General
You may not transfer this agreement without our written permission. We may transfer it as part of a sale, reorganisation or transfer of the InTheMoment business, provided your accrued rights are not reduced.
If a provision is unenforceable, the remainder stays in effect. A delay in enforcing a right is not a waiver. These terms and any written Commission Rate agreement are the whole agreement about the Creator Programme.
Notices may be sent to the email associated with your InTheMoment account. You must keep it current. Notices to us should be sent to [email protected].
These terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction.