Level 1
Standard Affiliation
Lingerie.com.au
Standard Affiliation
Level 2
Affiliation with Logos
Level 3
Custom Store |
TEK
Distribution Affiliate Agreement Terms and Conditions
The
following contains the complete terms and conditions that apply to an
individual's or entity's participation in the TEK Distribution Affiliate Program
("Program").
For the purpose of this agreement TEK Distribution
shall be referred to as 'The
Supplier' and You shall be referred in this agreement as 'The User'
Enrolment in the Program
To begin the enrolment process,
you will submit a complete Program application via our site. We will evaluate
your application in good faith and will notify you of your acceptance or
rejection. We may reject your application if we determine (in our sole
discretion) that your site is unsuitable for the Program. Unsuitable sites
include, for example, sites that:
- Promote discrimination based on race, sex, religion, nationality, disability,
sexual - orientation or age
- Promote illegal activities
- Violate intellectual property rights
- Are
owned or operated by owners or operators under 18 years of age
Upon
Acceptance in the Program
On
completion of the application form by the affiliate, TEK Distribution will issue
an Affiliate ID with instructions on how to link to TEK Distribution to ensure
the accurate tracking of commissions.
Termination
TEK
Distribution may terminate this Agreement immediately if:
In the opinion of TEK Distribution the Affiliate's website comprises or is used
for any purpose or activity of an illegal, fraudulent or defamatory nature.
TEK Distribution does not feel that the continuance of this Agreement is in its
best interest.
- The User breaches any term of this Agreement which is not capable of being
remedied; or
- The User fails to rectify a breach of this Agreement which is capable of being
remedied within 7 days of TEK Distribution serving notice on the Affiliate
requiring them to rectify the breach.
Upon termination of this agreement the Supplier agrees to pay to the User any
outstanding commissions due. Such payment shall not be apply should termination
of this agreement be required due to the user having breached any of their
obligations as specified in this Agreement.
Use/Ownership
of Equipment
The User will use the Uniform Resource Locator for the sole purpose of
marketing and taking orders for the supply of products by the Supplier and or
it’s nominated Distributor(s)
Supplied
Uniform Resource Locators shall remain the legal, intellectual and beneficial
property of TEK Distribution.
Relationship of Parties
The
supplier and user shall at all times be considered independent contractors, and
nothing in this Association will create any partnership, joint venture, agency,
franchise, sales representative or employment relationship between the parties.
You will have no authority to make or accept any offers or representations on
our behalf. You will not make any statement, whether on your site or otherwise,
that reasonably would contradict anything in this Section.
The User acknowledges full legal responsibility for the payment of any Personal,
Company or other Taxes that may fall due as a result of commission payments made
by TEK Distribution under this agreement. You acknowledge that details of any
payments made to you shall be made available by TEK Distribution to local
Taxation authorities upon request.
Sales Commission and Methods of Payment
The
Supplier will pay to the User throughout the term of this Agreement a sales
commission equivalent to 25% of the total Sales Price, excluding postage, and
Goods and Services Tax (if applicable), of all orders processed through the
users assigned Uniform Resource Locator(s).
The
Supplier will dispatch to the User, the commission due for all processed orders
for the calendar month by the 15th day of the subsequent month, along with a
detailed summary of all orders placed during that Calendar month.
All
payments made to the User by the supplier shall be made in Australian dollars.
TEK
Distribution reserves the right to not pay commission amounts of less than AUD
$50.00 per Calender month.
The
user agrees to refund TEK Distribution any commission paid in accordance with
this agreement, that is subsequently subject to Charge back, or customer refund.
Any
such Charge back or Refund commission already paid will be deducted from your
next monthly payment. If there is no subsequent payment, we shall send you a
bill for the outstanding balance.
User’s Other Obligations
The
User shall at all times:
(i)
Keep all related equipment and documentation Supplied by the Supplier safe and
secure.
(ii) Not assign or transfer their interest in the Uniform Resource
Locator (whether legally or beneficially), or otherwise part with the possession
of the Uniform Resource Locator without the express permission of TEK
Distribution.
(iii) Not transmit or retransmit or sell data from the Suppliers website
to any other website without the written permission of the Supplier.
(iv) Not Spam including but not limited to IRC, Newsgroups, Instant
Messaging Clients and Unsolicited Email.
(v) Not Cheat, mislead or defraud the Supplier or its customers in any
way.
(vi) Not promote this website to persons under 18 years of age.
The
user will notify the supplier in writing of any change in the users contact
information or circumstances, that may effect the relationship of either party
under this agreement.
Order
Processing
We
will process product orders placed by customers who follow the assigned Uniform
resource Locator from your site to the TEK Distribution affiliate site. We
reserve the right to reject orders that do not comply with any requirements that
we periodically may establish.
The
supplier will ensure a reliable and timely response to all customer requests for
products and services ordered from the shop, and will ensure that these products
are of good merchantable quality.
Limit on Liability for Damage and Legal Costs
The Supplier shall not be liable to the User for any damage or loss of equipment
to the extent that the User is entitled to be indemnified for such damage or
loss under any insurance policy of the User.
We
will not be liable for indirect, special or consequential damages, or any loss
of revenue, profits or data, arising in connection with this Program, even if we
have been advised of the possibility of such damages. Further, our aggregate
liability arising with respect to the Program will not exceed the total referral
fees paid or payable to you under to this Agreement.
This
agreement shall be governed by and construed in accordance with The Laws of the
State of NSW, Australia. The User shall pay The Supplier all costs, expenses and
legal fees (whether solicitor/client or party/party costs) incurred by the
Supplier to enforce this agreement.
Modification
We
may modify any of the terms and conditions contained in this Association, at any
time and in our sole discretion, by posting a change notice or a new agreement
on our site.
Notice
of any change by email to the last registered email address of the User is
considered sufficient notice that the terms and conditions of this agreement
have been modified.
IF
ANY MODIFICATION OF THIS PROGRAM IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS
TO TERMINATE THIS ASSOCIATION. YOUR CONTINUED PARTICIPATION IN THE PROGRAM
FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL
CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Notices
Any
notice required to be given in writing under this Agreement shall be sufficient
if:
(i) transmitted by facsimile transmission to the facsimile address of the party
(in which case notice shall be deemed
to have been given immediately confirmation of transmission is received by the
party making such transmission at the facsimile machine at which such
transmission is made), or
(ii) posted by ordinary or registered mail to the last known residential or
business address of the other party (in which case notice shall be deemed to
have given two (2) working days following the date of posting), or
(iii) given by any other method authorised by law including email.
Where
a party to this Agreement comprises more than one person notice shall be
sufficient if given to any one of such persons.
Joint and Several Liability
The obligations and liability of the User under this Agreement are joint and
several.
ACCEPTANCE
YOU
ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND AGREE THERETO.
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