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Affiliate Agreement

Byron Bay Bellies Affiliate Agreement

Thank you for your interest in the Byron Bay Bellies Affiliate Program. We are very excited to have you on board, but first it’s important that we outline the details of the Byron Bay Bellies Affiliate Agreement. The purpose of this Agreement is not to bog you down with rules but to make sure that both you the Affiliate and our company have a clear understanding of what is permitted and acceptable. This way, we don’t have to email you later on to tell you to stop doing something because you didn’t realize it wasn’t allowed. That wastes our time but it also wastes your time. The purpose of this Agreement is to set out how the Byron Bay Bellies Affiliate Program works, what Byron Bay Bellies’s roles and responsibilities are and what they are not, how you the Affiliate will be paid commission.

This Agreement has been designed to protect both Byron Bay Bellies and Affiliates of Byron Bay Bellies. Please read carefully and if you have any questions, please email us at hello@byronbaybellies.com.

Main Points

  • Affiliates must not send unsolicited emails and must comply with CAN-SPAM.
  • Affiliates must not bid on terms or names that are our trademarked terms or names outlined in this Agreement including Byron Bay Bellies, and any misspellings or variations of our terms or names.
  • Affiliates must not publish or link to Byron Bay Bellies from adult, gambling or offensive websites.

 

  • Affiliates must not register and/or use domains with the wording ‘Byron Bay Bellies’ or any similar term contained within such domains.
  • Affiliates must not disparage or misrepresent Byron Bay Bellies in anyway
  • Affiliates must not bid on or otherwise attempt to acquire any rights in any Byron Bay Bellies copyrights, service-marks or trademarks.
  • Affiliates must not promote Byron Bay Bellies on any sites with inappropriate content.
  • Affiliate are deemed to have accepted the terms of this Agreement by clicking at the end of this agreement before creating an account that enables Affiliate to participate in the Affiliate Program.

Terms and Conditions

Affiliate agrees to comply with all US Federal CAN-SPAM Acts.

Byron Bay Bellies has a zero tolerance policy towards spam and any Affiliate associated with spam. If Byron Bay Bellies establishes, at Byron Bay Bellies absolute discretion, that Affiliate is involved with spam in any way including, without limitation, creating, sending or otherwise distributing spam, Byron Bay Bellies may immediately terminate Affiliate’s Affiliate Program account and Affiliate will forfeit all Commissions owed to Affiliate.

Affiliate is solely responsible for ensuring that Affiliate’s Affiliate Link is set up correctly. Byron Bay Bellies is not responsible for Affiliate’s failure to receive any Commission due to the incorrect formatting or configuration of Affiliate’s Affiliate Link.

Affiliate agrees to receive email or other electronic communications from Byron Bay Bellies including, but not limited to, newsletters, site updates, promotion resources and other announcements and correspondence. Affiliate agrees that all agreements, notices, disclosures and other communications that Byron Bay Bellies provide to Affiliate electronically satisfy any legal requirement that such communications be in writing. Affiliate agrees to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002.

Byron Bay Bellies accepts no responsibility for the accurate receipt of any such emails and Affiliate is responsible for ensuring that Affiliate’s email address is not blocked or impaired in any way, including by Affiliate ensuring ‘white-listing’ of Affiliate’s email address.

If Affiliate unsubscribes from receiving emails from Byron Bay Bellies, Affiliate acknowledges and understands that Affiliate may no longer receive information or updates from Byron Bay Bellies.

Introduction

Affiliate program: This Byron Bay Bellies Affiliate Program Agreement (this “Agreement”) is between you (an “Affiliate”) and Byron Bay Bellies Limited (“Byron Bay Bellies”). Affiliate’s participation in the Affiliate Program is conditional on Affiliate’s acceptance of the terms and conditions contained in this Agreement. Affiliate is deemed to have accepted this Agreement by indicating Affiliate’s acceptance of this Agreement by checking the ‘I ACCEPT’ checkbox at the end of this Agreement or by creating an account that enables Affiliate to participate in the Affiliate Program.

Who can be an Affiliate?: All Affiliate must be at least 18 years old or older.

What does an Affiliate do?: An Affiliate is a webmaster or internet marketer who takes on the role of promoting Byron Bay Bellies and the Byron Bay Bellies website.

How does the Affiliate Program work?: To participate in the Affiliate Program, Affiliate must create an Affiliate Link. An “Affiliate Link” is defined as web URL or hyperlink which contains, either within the link or via any redirect or link-cloaking software with the intention of tracking referred traffic to Byron Bay Bellies. When an Affiliate directs or sends a prospective buyer to the Byron Bay Bellies website via a correctly formatted Affiliate Link and that visitor then purchases a product from Byron Bay Bellies, the Affiliate will receive a commission on the sale of that product (the “Commission”).

 

Terms of Service: Affiliate and Byron Bay Bellies must both abide by the 

Commission:Byron Bay Bellies reserves the right to change the product prices and commissions’ structure at its absolute discretion without prior notice to Affiliate. Affiliate will only receive a Commission for a sale tracked through Affiliate’s Affiliate Link. Affiliate has no right to a Commission if a sale of a good or service occurs as a result of a customer arriving at or returning to the Byron Bay Bellies website through an Affiliate Link that is not associated with Affiliate. Byron Bay Bellies has no responsibility and no ability to redistribute a Commission to a different affiliate, including to Affiliate, after a sale has occurred.

Disputes: Byron Bay Bellies has and takes no responsibility for the acts or omissions of any Affiliate or any claim, action, or disputes brought by or against any Affiliate or any person in relation to the Byron Bay Bellies website or any Byron Bay Bellies product

Byron Bay Bellies Responsibilities

General: Byron Bay Bellies is responsible for handling all customer inquiries, fulfilling product orders, customer billing and collection of fees.

Privacy: Byron Bay Bellies respects the privacy of customers and each customer’s personal information. Therefore, in order to protect customer privacy, Byron Bay Bellies reserves the right to withhold any information regarding a customer including, without limitation, that customers’ contact details from Affiliate regardless of whether that customer arrived at Byron Bay Bellies via Affiliate’s Affiliate Link or not.

 

Affiliate Responsibilities

Provision of correct contact information: Affiliate is responsible for providing Byron Bay Bellies with Affiliate’s correct contact information at the time that Affiliate registers for the Affiliate Program and Affiliate must keep Affiliate’s contact information up-to-date. Failure by Affiliate to provide Byron Bay Bellies with correct contact information could result in the suspension of Affiliate’s Affiliate Program account as Byron Bay Bellies may be unable to contact Affiliate regarding important issues concerning the Affiliate Program and Affiliate’s participation in the Affiliate Program. If Affiliate becomes aware that Byron Bay Bellies has been provided incorrect contact information of Affiliate or if Affiliate’s contact information becomes out-of-date, Affiliate must immediately contact Byron Bay Bellies and provide Byron Bay Bellies with correct contact information.

Username and password: Affiliate’s login credentials (being Affiliate’s username and password) are personal to Affiliate. Affiliate must always maintain the confidentiality of Affiliate’s username and password and not disclose them to any third party. Affiliate agrees that Affiliate is solely responsible for any use of the Byron Bay Bellies by any person using Affiliate’s username and password and Affiliate agrees to indemnify Byron Bay Bellies against any claims arising out of Affiliate’s failure to maintain the confidentiality of Affiliate’s username or password. Affiliate agrees to not impersonate any person or entity or falsely state or otherwise misrepresent Affiliate’s affiliation with a person or entity. Byron Bay Bellies will not be liable for any loss that Affiliate may incur as a result of someone else using Affiliate’s password or account (whether with or without Affiliate’s knowledge). Affiliate agrees to notify Byron Bay Bellies immediately of any unauthorised use of Affiliate’s account or any other breach of security.

Prohibited actions: The Affiliate agrees not to:

  • misrepresent Byron Bay Bellies’s products and services;
  • advertise or promote Byron Bay Bellies products and services on any sites that:
  • promote sexually explicit material, violence, pirated materials, illegal activities, gambling or sites that promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • contain extensive religious commentary or attempts to preach or solicit members for a particular church or faith; or
  • contain any violations of intellectual property rights or any other laws not otherwise listed here;
  • disparage Byron Bay Bellies, the Byron Bay Bellies website, or any Byron Bay Bellies affiliated products including, without limitation, referring to Byron Bay Bellies and using the words “scam”, “rip-off”, or any words with a similar or associated meaning in any advertisement or website copy; or
  • engage in any conduct that is likely to impair or cause damage to the operation of the Byron Bay Bellies website whether by way of a virus, corrupted file or through use of any other software or program.

Spam

Affiliate agrees to comply with all US Federal CAN-SPAM Acts.

Byron Bay Bellies has a zero tolerance policy towards spam and any Affiliate associated with spam. If Byron Bay Bellies establishes, at Byron Bay Bellies’s absolute discretion, that Affiliate is involved with spam in any way including, without limitation, creating, sending or otherwise distributing spam, Byron Bay Bellies may immediately terminate Affiliate’s Affiliate Program account and Affiliate will forfeit all Commissions owed to Affiliate.

Affiliate Link

Affiliate is solely responsible for ensuring that Affiliate’s Affiliate Link is set up correctly. Byron Bay Bellies is not responsible for Affiliate’s failure to receive any Commission due to the incorrect formatting or configuration of Affiliate’s Affiliate Link.

Email

Affiliate agrees to receive email or other electronic communications from Byron Bay Bellies including, but not limited to, newsletters, site updates, promotion resources and other announcements and correspondence. Affiliate agrees that all agreements, notices, disclosures and other communications that Byron Bay Bellies provide to Affiliate electronically satisfy any legal requirement that such communications be in writing. Affiliate agrees to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002.

Byron Bay Bellies accepts no responsibility for the accurate receipt of any such emails and Affiliate is responsible for ensuring that Affiliate’s email address is not blocked or impaired in any way, including by Affiliate ensuring ‘white-listing’ of Affiliate’s email address.

If Affiliate unsubscribes from receiving emails from Byron Bay Bellies, Affiliate acknowledges and understands that Affiliate may no longer receive information or updates from Byron Bay Bellies.

Byron Bay Bellies Intellectual Property and Brand

Ownership of intellectual property: Byron Bay Bellies reserves all rights in or to its trademarks, servicemarks, copyright and other intellectual property rights that may subsist in this website including text, illustrations, photographs, video, music, sounds, layout, designs, or source code, belonging to Byron Bay Bellies or to Byron Bay Bellies’s licensors (“Byron Bay Bellies Intellectual Property”).

Affiliate must not use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, or publish any Byron Bay Bellies Intellectual Property except as expressly provided in this Agreement or with the prior written consent of Byron Bay Bellies.

Modification and display of Byron Bay Bellies Intellectual Property: Affiliate is not permitted to make any changes to any items of Byron Bay Bellies Intellectual Property including, without limitation, the Byron Bay Bellies logo, and any Byron Bay Bellies images and Affiliate must not display such items in any way which may be distasteful, or defame or misrepresent Byron Bay Bellies, the Affiliate Program, or the Byron Bay Bellies website.

Use of Byron Bay Bellies Intellectual Property: Affiliate may use the particular Byron Bay Bellies logos and images that Byron Bay Bellies grants Affiliate access to within the “Affiliate Resource” section of the Byron Bay Bellies website for purposes related to Affiliate’s participation in the Affiliate Program only.

Brand name: Affiliate is not permitted to purchase, bid on, or otherwise attempt to acquire any ‘Byron Bay Bellies brand name keywords’ with respect to Internet search engines or register or use domains that include the wording “Byron Bay Bellies” or any similar wording. Byron Bay Bellies brand name keywords or similar wording includes “Byron Bay Bellies” and any misspelling or variation of “Byron Bay Bellies”

Access to Byron Bay Bellies data: Affiliate is not entitled to have access to Byron Bay Bellies data that is not publicly available for review or other purposes. Access to Byron Bay Bellies data may be granted to Affiliate by Byron Bay Bellies at Byron Bay Bellies’s absolute discretion.

Guarantees, Liability and Disclaimers

Warranties: While Byron Bay Bellies endeavours to ensure that the content of the Byron Bay Bellies website is free from errors, Byron Bay Bellies does not give any warranty or other assurance as to the content of material appearing on the Byron Bay Bellies website, its accuracy, completeness, timeliness or fitness for any particular purpose. To the maximum extent permitted by law, Byron Bay Bellies provides the Byron Bay Bellies website and related information and services on an “as is” basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose.

No guarantee regarding income: Byron Bay Bellies makes no guarantee of any kind regarding the potential income that can be generated through Affiliate’s participation in the Affiliate Program.

Limitation of Liability: To the extent legally permitted, in no event shall Byron Bay Bellies or its affiliates, distributors, licensors, and agents, or any of its or their directors, employees, and agents be liable as a result of Affiliate’s use of the Byron Bay Bellies website for direct, indirect, special, incidental, punitive or consequential damages, losses or expenses, including without limitation, loss resulting from business disruption, loss of data, lost profits, lost goodwill, or damage to systems or data, howsoever arising, including without limitation, though an action in contract, tort (including negligence) or otherwise, even if Byron Bay Bellies or its affiliates, distributors, licensors, and agents, or any of its or their directors, employees, and agents have been advised of the possibility of such damages.

Consumer Guarantees Act: If you are using our services for business purposes, you agree that the guarantees provided under the Consumer Guarantees Act 1993 or any comparable consumer protection legislation shall not apply to those services.

Availability: Affiliate’s use of this website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the Internet and electronic communications, Byron Bay Bellies and Byron Bay Bellies’s service providers do not make any warranty that this website or any associated services will be error free, without interruption or delay, or free from defects in design. Byron Bay Bellies will not be liable to Affiliate should the Byron Bay Bellies website or the services supplied through this website become unavailable, interrupted or delayed for any reason.

Malicious code: Although Byron Bay Bellies endeavours to prevent the introduction of viruses or other malicious code (together, ‘malicious code’) to the Byron Bay Bellies website, Byron Bay Bellies does not guarantee or warrant that the Byron Bay Bellies website, or any data available from it, does not contain malicious code. Byron Bay Bellies will not be liable for any damages or harm attributable to malicious code. Affiliate is responsible for ensuring that the process that Affiliate employs for accessing this website does not expose Affiliate’s computer system to the risk of interference or damage from malicious code.

Security: Although Byron Bay Bellies endeavour to protect the security of Affiliate’s contact information Affiliate acknowledges that there is a risk of unauthorised access to (or alteration of) Affiliate’s transmissions or data or of the information contained on Affiliate’s computer system or on the Byron Bay Bellies website. Byron Bay Bellies does not accept responsibility or liability of any nature for any losses that Affiliate may sustain as a result of such unauthorised access or alteration. All information transmitted to Affiliate or from Affiliate is transmitted at Affiliate’s risk, and Affiliate assumes all responsibility and risks arising in relation to Affiliate’s use of this website and the internet. Byron Bay Bellies does not accept responsibility for any interference or damage to Affiliate’s own computer system which may arise in connection with Affiliate’s accessing of this website or any outbound hyperlink.

Indemnification

Affiliate’s use of the Byron Bay Bellies website and its content is voluntary. Affiliate shall indemnify Byron Bay Bellies and its affiliates, distributors, licensors, and agents, and all of its and their directors, employees, and agents against, and hold them harmless from, any and all lawsuits, claims, expenses (including reasonable legal fees), settlements, damages, judgments and the like arising from Affiliate’s use of the Byron Bay Bellies website and content or Affiliate’s failure to maintain the confidentiality or security of Affiliates password or access rights.

Term and Termination

Term: This Agreement is effective immediately upon Affiliate’s acceptance of this Agreement and shall continue until terminated as described in this section 8.

Termination without notice: Byron Bay Bellies and Affiliate both reserve the right to terminate this Agreement at any time without notice. In the event of termination of this Agreement by this clause 8.2 all outstanding Commissions due to Affiliate will be payable to the extent such Commissions may be due to Affiliate.

Termination for breach: In the event of termination of this Agreement by Byron Bay Bellies due to breach of this Agreement by Affiliate, Affiliate shall not be entitled to be paid any outstanding Commission.

Miscellaneous

Waiver: Any waiver by Byron Bay Bellies of a breach of or right under this Agreement will not constitute a waiver of any other or subsequent breach or right.

Independent Contractors: An affiliate is acting as an independent contractor when acting as an affiliate. No partnership, joint venture or any legal entity is created between Byron Bay Bellies and the affiliate.

Changes: Byron Bay Bellies reserves the right to amend this Agreement as needed from time to time. Affiliate is bound by any changes made to this Agreement and Affiliate’s acceptance of any income through or due to the Affiliate Program will be regarded as acceptance by Affiliate of any changes to this Agreement. Byron Bay Bellies will endeavor to inform Affiliate of any changes made to this Agreement via email.

Feedback and unsolicited submissions: If Affiliate provides Byron Bay Bellies any feedback about the Byron Bay Bellies website or the Affiliate Program, Affiliate grants Byron Bay Bellies the right to use that feedback for the purpose of improving the Byron Bay Bellies website or Affiliate Program (and for any other purpose Byron Bay Bellies deems necessary or desirable) without being obliged to pay Affiliate any compensation in respect of Byron Bay Bellies’s use of that feedback. If Affiliate does send Byron Bay Bellies unsolicited ideas such ideas will be deemed to be non-confidential and Byron Bay Bellies will not be required to provide any acknowledgement of their source.

Top Affiliates: From time to time Byron Bay Bellies may enter into special agreements with certain ‘top’ Affiliates. Such special arrangements may include, but not limited to, special discounted rates or bonus packages. The entry by Byron Bay Bellies into a special arrangement with any Affiliate is at Byron Bay Bellies’s sole discretion and Byron Bay Bellies reserves all right to determine whether any Affiliate will be offered the opportunity to enter into such a special arrangement.

Interpretation, Severability: Headings are inserted for convenience and shall not affect the construction of this Agreement. The singular includes the plural and vice versa. If any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. If any provision in this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions in this Agreement will remain in full force and effect.

Advertisements: Byron Bay Bellies does not necessarily endorse or recommend any of the goods or services advertised on or through the Byron Bay Bellies website. Byron Bay Bellies does not necessarily endorse or recommend any affiliates using our services.

Third party websites: The Byron Bay Bellies website provides links and pointers to Internet sites maintained by third parties. Such linked sites are not under Byron Bay Bellies’s control and Byron Bay Bellies is not responsible for the contents (including the accuracy, legality or decency) of any linked site or any material contained in a linked site. Byron Bay Bellies will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.

Confidentiality: Affiliate shall keep confidential the terms of this Agreement and any information associated with the Affiliate Program subject to any disclosure required by law. This clause shall survive termination of this Agreement.

Governing law: This Agreement is governed by the laws of Australia and the courts of New South wales shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to this Agreement.

Entire Agreement: This Agreement is the complete and exclusive agreement between the Byron Bay Bellies and Affiliate in relation to the Affiliate Program and supersedes all previous and contemporaneous agreements, proposals and communications with respect to this subject matter.

Other rights reserved: All rights not expressly granted in this Agreement are reserved by Byron Bay Bellies.