LadyJenski Pty Ltd Affiliate
Terms & Conditions
This agreement will start when we notify you that we have accepted your application and activated your account as a LadyJenski Active Wear affiliate.
By becoming an affiliate, you agree to be bound by these terms and conditions, which will become a legally binding agreement between you and LadyJenski Pty Ltd.
1. Tracking Link (URL)
We authorise you as our representative affiliate to refer customers to the LadyJenski Active Wear website by providing a hyperlink to it from your website/newsletter/Facebook page or any other online presence.
You must comply with any reasonable directions we give you about the hyperlink and text on your website/newsletter/Facebook page or any other online presence. This authorisation is non-exclusive and you are not our partner or employee.
You must not do anything in relation to the program that is not expressly authorised under this agreement. Specifically, you must not create any partnership or agency sales relationship with any other person in relation to the program.
Unless otherwise agreed, you do not have authority from us and you are prohibited from making or accepting any offers or representations on behalf of LadyJenski Pty Ltd.
For each LadyJenski Active Wear product sold to a customer who has been referred to the LadyJenski Active Wear website from your website, we will pay you commission calculated as 5% of the total sale price. Commission as calculated, includes (GST).
We may vary how we calculate commission by giving you 30 days notice in writing. We may increase or reduce the percentage rate of commission or change the way we calculate commission. If you do not agree to the change, you may terminate this agreement by giving us seven days notice in writing.
We will pay you commission monthly, within 30 days after the end of the month in which the LadyJenski Active Wear products were sold.
Our calculation of your commission and your entitlement to payment depends on the hyperlink to the LadyJenski Active Wear website being operational for us to collect the necessary data. If the hyperlink does not enable us to collect the necessary data you will not be entitled to any commission on any sales.
4. Trade mark and hyperlink
You are not authorised to use the LadyJenski Pty Ltd trade marks, and you must not use any names or marks that are deceptively similar to or that resemble the Ladyjenski Pty Ltd trade marks.
You are solely responsible for the implementation of all URLs that are linked to the LadyJenski Active Wear website. Once your application is approved, we will send you an email confirmation with login details. Once you have logged in as an affiliate, you are able to generate a unique tracking hyperlink to use. We will be unable to track your website sales if you make any changes to the tracking URL. You hereby agree that when and if the URL used in tracking sales is modified, erased, corrupted for whatever reason we will not be able to track your website sales and we will not be liable for payment of any commission.
You indemnify us and we indemnify you for any liability, loss, damage or expenses arising from a breach of this agreement or any negligent or wilful act or omission.
However we are not be liable for and you release us from any indirect loss or damage (including without limitation any loss of revenue, profits or data) arising under or in connection with this agreement or the program as far as it relates to you.
We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the program or that the operation of the LadyJenski website will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the LadyJenski website or the program.
6. Term and termination
This agreement will commence on the day that your account is activated and will continue until terminated under this clause.
Either you or we may terminate this agreement at any time by giving seven days notice in writing without having to give reasons.
Service of notice by email to the email address given in your application is deemed to be delivery of notice.
We may terminate this agreement immediately by giving you notice in writing:
(a) if your website contains content or materials that in our absolute discretion causes or is likely to cause damage to our reputation.
(b) if your website includes content that is false or misleading, obscene, promotes violence discrimination or illegal activities or infringes the intellectual property rights of any third party.
On termination of this agreement you are no longer authorised to act as our representative affiliate and you must immediately remove all hyperlinks from your website and stop your activities in relation to the program.
We will pay all amounts owing to you for all LadyJenski Active Wear products sold on or before the termination date, but we will not be liable to pay any commission for any LadyJenski Active Wear products purchased by the customer after the termination date.
7. Changes to terms and conditions
We may change these terms and conditions at any time, including commission levels and how we calculate and pay commission under this agreement.