Affiliate Program Terms
By signing up as an affiliate of Ecolour.com.au and Ecolour Australia Pty Ltd (‘the Company’) you agree to these terms and conditions of service (‘Affiliate Terms’):
1. Advertising and Links:
We agree to pay you commission fees for referral sales to Australian customers made by you
You represent and warrant that you will comply with any reasonable directions we give to you about the placement of banners, the marketing techniques, presentation, pricing and other specific marketing requirements for sale and promotion of our Products.
Any distribution and use of our logo, name, website, materials and Products will be subject to these Affiliate Terms.
You agree not to provide any discounts, special offers or otherwise on our Products without our express written permission.
You agree you will not provide, share, write or make any negative, false, untrue or otherwise inappropriate endorsements, comments, posts or other public statements relating to our Products or the Company. Any reviews or testimonials will be direct from customers who may have purchased the Products, and will be independent to you. You may otherwise post about our Products and business on any media in accordance with these Affiliate Terms.
You further agree and warrant:
(i) to use our affiliate service in a manner that is ethical and in conformity with community standards; (ii) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (iii) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property; (iv) nothing in this Affiliate arrangement gives you any interest in any of our intellectual property or goodwill existing at any time and we are granting you a non-transferrable license only to use our name, logo and marketing materials in accordance with these Affiliate Terms; and (v) to accept commercial emails from us.
You also agree not to promote or market competing Products.
2. Affiliate Payment and Commission Fees:
We will provide you with a unique affiliate link which must be used by customers to purchase our Products in order for you to receive the right to any Commission Fees. We are not required to pay any Commission Fees for purchases that are made without using your unique affiliate link.
The Commission Fees will only be paid on:
- specified Products which may change from time to time;
- once we have received the full payment price;
- full retail priced Products excluding any tax, delivery or other charges;
- Products that are not returned or refunded by the customer; and
- Australian orders.
Commission fees will be paid monthly, within 3 business days after the end of the month. Payment will only be made into PayPal accounts.
3. Notification of Account Changes:
You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable. You agree to immediately notify us if your contact information or PayPal details change.
4. Spam and Unsolicited Emails:
You agree and warrant you will not send any unsolicited email to any party, customer or client at any time either directly or indirectly in respect of our Products. We have zero tolerance toward anyone who spams any party, business or individual. If you are caught or reported to be spamming, you will be removed from our Affiliate Program, and your commissions or pending commissions will be forfeited. Spam is defined as emailing or posting to anyone who has not requested information via email or any website, and also includes “spamming search engines” with links. You may also be subject to pay any legal fines or penalties that may result from your actions.
5. Compliance with Consumer and other Laws and Regulations:
You will ensure that, at all times, you have disclosed any and all affiliate commissions and affiliation as required by Australian Consumer Law and related regulations.
You agree to, at all times, abide by all local consumer and other laws in the state or country you are marketing and endorsing our Products and indemnify us for any claims relating directly or indirectly to your marketing, misstatement, incorrect or negligent advertisement or statements relating to the use, purchase, or otherwise of our Products by any third party.
6. Disputes and Termination:
Disputes: If at any time we feel the affiliate promotion by you is not acceptable to us, if you do not abide by the ethics or ethos of our company in our view, or if you breach these Affiliate Terms or for any reason in our sole discretion, we may agree to stop this Affiliate program and pay final Commission Fees to you when and if due and payable.
If a dispute arises, both parties agree that confidentiality is paramount to the reputation of both parties. At no time will any communications or discussions be made public, this includes but is not limited to any social media websites of either party. Any public discussions or comments about either party are considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
In the event of any dispute, including quality or ownership, both parties agree to obtain an independent professional arbitrator to make a determination on the dispute and each of us agrees to pay our own costs.
Term and Termination: The term of this Affiliate program is for a period of one year, at which time we will review and either renew the Affiliate program or advise of any termination, cancellation or changes to our terms or Commission Fees, or any other Affiliate Terms.
We can otherwise terminate this Affiliate arrangement in our sole discretion without notice for any reason. This Affiliate arrangement will be terminated once all payments have been made in accordance with these Affiliate Terms.
7. Relationship and Indemnity:
Relationship: Nothing and no party of this Affiliate arrangement shall be construed as creating any relationship beyond that of an affiliate. In particular, no relationship of agency, employment, or partnership is intended to be construed by this Agreement. You have no authority to bind the Company in any manner to any third party apart from the terms of this Agreement.
Indemnity: You agree to indemnify us for any and all claims that any customer or third party may make as a direct or indirect result of your representations, marketing or other promotional activities of our Products or Company including but not limited to any false, misleading, incorrect, inaccurate or otherwise actionable statement or claims
8. Intellectual Property Ownership:
The Company, at all times, retains full and all rights, ownership and interest in all copyright, trademark and intellectual property in all Products and any related materials. Nothing in these Terms or any arrangement between the parties grants or shall be implied to grant any rights, ownership, license or other interest in the Products or any materials including but not limited to any intellectual property rights, other than the rights set out in these Terms.
9. Governing Law:
These Affiliate Terms are governed by the laws from time to time in force in the state of New South Wales. You and I agree to unconditionally submit to the exclusive jurisdiction of the Courts of the state of New South Wales for determining any dispute concerning these Affiliate Terms.
“Commission Fees” are the fees paid for successful Australian sales using the unique affiliate link which may vary according to Products.
“Products” means any of our Products as specified from time to time which form part of this Affiliate program.