"> Affiliate Program Terms and Conditions – Milkman Grooming Co

Affiliate Program Terms and Conditions

Affiliate Program Terms & Conditions

Definitions

Affiliate: Means a person that promotes Milkman Grooming Co branded products by publicising a Discount Code and/or web landing page ascribed to them by Us. In return, they will receive an Affiliate Commission. The Affiliate will at all times act in accordance with the terms of this Agreement as an independent contractor.

Affiliate Commission: Is the total value of sales made by the use of the Affiliate’s Discount Code and/or web landing page multiplied by the Percentage of Sales, as calculated at the end of each quarter. The Affiliate Commission will be paid by bank transfer into the Affiliates nominated bank account or Paypal account, or credited to them for the purchase of Milkman Grooming Co products from Our Online Store.

Contact Email: Is the email address for either party used for notices. In the case of Us, this email is admin@milkmanaustralia.com. In the case of You, this email is the email You provide to Us during the registration process.

Discount Code: Is the code ascribed to the Affiliate by Us for use by customers when making a purchase from our Online Store. Use of the Discount Code will give a percentage discount to these customers and all sales made by the use of the Discount Code will be traced to the Affiliate for the purposes of paying the Affiliate Commission. The code may be changed by Us from time to time and notice of any such change will be issued to Your Contact Email.

Online Store: Is the store located at the web address https://www.milkmanaustralia.com.

Percentage of Sales: means the percentage defined in Schedule 1.

Social Media: Is limited to the following companies/apps:

  1. Facebook;
  2. Instagram;
  3. Pinterest;
  4. Youtube;
  5. LinkedIn; and
  6. Tic Toc.

Trade Secrets: Has the meaning given to it under Australian common law and includes but is not limited to all formulas, practices, processes, designs, instruments and product pipelines owned by Us that are not generally known or readily ascertainable by others.

You/Your: Means the person(s) approved by Us to act as an Affiliate.

Web Landing Page: Is a web address that may be created by Us and ascribed to You for the purposes of promoting sales of Our products under this Agreement. It is not necessary for the purposes of this Agreement that a Web Landing Page be ascribed to You (depending on your Social Media reach and other relevant factors, it may be the case that only a Discount Code is ascribed).

We/Us/Our: Means Hoot Ventures Pty Ltd, trading as Milkman Grooming Co.

1.1. Becoming an Affiliate

Affiliates must register using the online form to be provided to You by Us. Registrants using this form must be approved by Us in writing before they may act as Affiliates.

By applying to be an Affiliate You represent and warrant to Us that:

  1. You have a clean criminal record;
  2. You will not, and have not previously, engaged in theft, fraud or conduct that misleading and deceptive; and
  3. all information You provide to Us before, during and after the registration process is true & correct.

1.2. Affiliate Obligations

1.2.1 Subject to clause 1.2.2. below, Your Obligations under this Agreement are to:

  1. regularly update Your Social Media with content of interest to Your audience and to make best endeavours to maintain and grow this audience over time;
  2. periodically promote the use of Your Discount Code and/or Web Landing Page on any website pre-approved by Us in writing and/or via Your Social Media;
  3. assist Us in communicating with Your audience about Our brand, products & offerings (including but not limited to free articles & videos published by Us from time to time;
  4. keep account of and fully disclose to any and all relevant government agencies (for example all relevant tax departments) relevant financial data arising from your participation under this Agreement and to pay all applicable taxes (including but not limited to income taxes and GST), fees, costs and liabilities;
  5. keep all of your contact information up to date and to provide notice of any changes to Us using Our Contact Email.

1.2.2. In fulfilling Your obligations as set out above, you agree not to engage in any conduct that:

  1. is misleading, deceptive or fraudulent;
  2. would breach the Privacy Act 1988 (Cth);
  3. would breach any of Australia’s human rights laws;
  4. discriminates, bullies or harasses others; or
  5. is in any other way unlawful.

Affiliate Discount Codes must not be published on websites, social media, apps or any other forms of media created for the purposes of disclosing discount codes to potential customers (for example www.joinhoney.com). Affiliate Commission raised by use of Affiliate Discount Codes published on any such forums will be forfeited.

1.3. Our Obligations

In the event of Termination, We will calculate an pay the Affiliate Commission on a pro rate basis from the date of the last payment until the date of Termination.

1.4. Payment

Payment of the Affiliate Commission will be issued to you withing 14 days from the end of each quarter.

2. Confidentiality

You agree to keep terms of this Agreement, all Trade Secrets and commercially sensitive information owned by Us strictly confidential at all times and shall use them only for the purposes of Your participation in Our Affiliate Program unless:

  1. permitted to do so by Us beforehand in writing;
  2. compelled to do so by law; or
  3. the confidential information is lawfully obtained from another person without any restriction as to use and disclosure.
3.  Termination

Either party to this Agreement may cancel this Agreement immediately at any time, for any reason, by giving notice in writing by use of the counterparty’s Contact Email.

4.  Assignment

This Agreement is binding upon the Parties. You may not assign, sublicense or transfer Your rights or delegate obligations under this Agreement by operation of law or otherwise without Our prior written consent, which consent may be given or refused in our absolute discretion.

5.  Severability

If any term or provision of this Agreement shave be adjudicated to be invalid, illegal or unenforceable, this Agreement shall be deemed amended to delete the applicable term and the validity of the other terms and conditions of this Agreement shall not be affected. It is the intent of both Parties that this Agreement be enforced to the fullest extent permitted by law.

6.  Indemnity

You agree to indemnify and hold Us and Our officers, employees and agents harmless from and against all liabilities, claims, losses, damages, costs and expenses (including reasonable lawyer fees) resulting from or arising in connection with Your conduct in the capacity of Affiliate under this Agreement. You shall have no indemnification obligation to Us to the extent that any such liability, claim, loss, damage, cost or expense:

  1. was caused by the negligence and wilful misconduct of, or the breach of this Agreement by Us; or
  2. is subject to an indemnity by Us in favour of You.

We agree to defend You against any claim of a third party not affiliated with You that any product supplied by Us in accordance with this Agreement caused death, injury or damage to the person or property of the third party, and We shall pay all damages, lawyer fees and costs awarded to the third party by a court, or any settlement of such claim to which We agree.

We shall have no indemnification obligation to the extent the claim is based upon or arises from:

  1. the negligence or wilful misconduct of, or the breach of this Agreement by You; or
  2. any information or promotional claims made by You that are contrary to those contemplated by Us in the information we publish about our brand and products.
  3. Governing Law / Jurisdiction This Agreement will be governed by and construed in accordance with the laws of the State of Victoria and applicable federal laws of Australia. 

Schedule 1

SILVER TIER – 10 or less sales per month.

Discount using your code: 15%

Your Percentage of Sales: 10%

 

GOLD TIER – 11-50 sales per month using your code.

Discount using your code: 15%

Your Percentage of Sales: 15%

 

PLATINUM TIER – 51 or more sales per month using your code.

Discount using your code: 15%

Your Percentage of Sales: 25%

 

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