What are affiliate's Terms of Use for Australian Affiliates?

Terms of Use

Welcome to the AvantLink web site (herein also known as “the Site”) operated by Dynamic Websource (Australia) Pty Ltd ACN 168 681 525 (herein known as “the Network”). We maintain the Network as a service to our client users (“Affiliates” and “Merchants”). By using the Network, you (herein also known as “Affiliate(s)”) agree to comply with and be bound by these Terms of Use. Please review the following terms carefully. If you do not agree to these terms, you have no right to obtain information from or otherwise use the Network.

Introduction:

By use of the Network and the Site, you agree to the terms and conditions outlined in this Terms of Use Agreement for Affiliates (“Affiliate Agreement”). This Affiliate Agreement constitutes the entire agreement between you and the Network, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Network, and the subject matter of this Affiliate Agreement. The current Affiliate Agreement will remain posted at this location at all times.

Terms of Use Summary:

  • This agreement may be updated or modified at any time. more…
  • Affiliate privacy is secured and protected by the Network. more…
  • Affiliates must be at least 18 and supply a tax ID or social security number. more…
  • You have limited right to use of graphics and content. more…
  • Affiliates cannot solicit direct business with merchants. more…
  • All content on the Site is protected by copyright laws. more…
  • The Network warrants the programs and content available. more…
  • Neither parties will be liable to the other for damages. more…
  • Affiliates must notify the Network when they sell a website. more…
  • The Network does not control or monitor sites it links to. more…
  • The Network reserves the right to set affiliate bandwidth or usage thresholds. more…
  • Use of advertising software commonly known as “adware” or “malware” is not permitted. more…
  • Merchant name or merchant domain name PPC bids are prohibited. more…
  • Affiliate tracking cookies can be set by outbound clicks only. more…
  • Affiliates cannot represent themselves as merchants. more…
  • Affiliates must follow laws and guides adopted by the Australian Competition and Consumer Commission. more…
  • Affiliates may not engage in cyber, domain or typo-squatting activities. more…
  • Software, browser plugins or alerts triggered by a URL are acceptable with restrictions. more…
  • Black Hat SEO techniques of any kind are strictly prohibited. more…
  • All marketing emails must be CAN-SPAM compliant. more…
  • Affiliates engaged in actual or attempted fraud will be immediately terminated. more…
  • Affiliate accounts will be deactivated after one year of inactivity. more…
  • We may link to press releases or other sites and information. more…
  • Communications are considered non-confidential on a restricted basis. more…
  • You cannot place tracking links on third party sites without permission. more…
  • Affiliates must disclose traffic driving techniques and transparency on request. more…
  • Sites with offensive content, or incomplete sites, will not be accepted. more…
  • The Network provides statistics and reporting for Affiliate payment calculations. more…
  • Overall accepted use of technology and the Affiliate Terms of Use Agreement. more…

 

Terms of Use Changes
The Network reserves the right to update, suspend, discontinue, change or otherwise modify this Terms of Use Agreement for Affiliates at any time. When changes are made, notification will be made through the Site, network blog or email. At that time Affiliate may either agree to notified changes or withdraw from the Network.

Your Privacy
The Network may collect and handle personal information from or in connection with any Affiliate in accordance with our Privacy Policy. By using this site, agreeing to become a Merchant or by registering as an Affiliate, you consent to the collection, storage, use, disclosure and destruction of your personal information in accordance with our Privacy Polic, a copy of which is published on this site and can be accessed here.

Affiliate Registration
To actively participate in the Network, Affiliate must (if an individual) be at least 18 years of age. Each Affiliate must supply proof of identification, their Australian Business Number (if registered in Australia) and disclose their GST registration status. Affiliate must disclose any change to their GST registration status during the term of this Affiliate Agreement.

Limited Right to Use
The Network grants Affiliate a revocable, nonexclusive license to view, download or use any content, form or document solely by Affiliate for purposes for which the site is designed or intended to be used by the Network. All other uses of the Site will be as is reasonably required to view content and navigate through the pages and links available to the public using a standard Internet browser. None of the programs, content, forms, graphics or documents shall be copied, downloaded or used for republication, distribution, assignment, sub-license, sale, preparation of derivative works or other use. No part of any Site design, content, graphic, form or document may be incorporated into any information retrieval system, other Affiliate network system, or any other system that is not owned by the Network.

Non-Solicitation Agreement
With qualified acceptance to the Network, Affiliate agrees to non-solicitation of any client of the Network, or Merchant, for business relationships outside of the Network. Evidence of any direct solicitation or request for ad or media buys, or other considerations such as free merchandise, will be considered a violation of these terms of use. The Network reserves the right to terminate any Affiliate account in violation of this Affiliate Agreement without prejudice to any other right of Network, including the right to seek injunctive relief or any other remedy that Network deems appropriate in the circumstances.

Interllectual Property
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Network and the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Network and the Site, except as allowed under “Limited Right to Use” above, is strictly prohibited. Affiliate does not acquire ownership rights to any content, document or other materials viewed through the Network or the Site.

Warranty and Disclaimer
The Network warrants the computer programs, information and other content available on the Site provided for the Affiliate, are accurate and functional “as-is” to the best of the Network's ability. To the extent permitted by law, Network hereby excludes all other warranties in relation to the Network, the affiliate program or the operation of the Site, whether express or implied.

Limitation of Liability, Indemnification
Neither the Affiliate nor the Network will be liable to the other for special, indirect or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), incurred or suffered by the other arising as a result of or related to the performance of the Network programs, accuracy of content or the Site information, whether in contract, tort or otherwise, even if the other has been advised of the possibility of such loss or damages. Affiliate will indemnify and hold the Network harmless against any claims incurred by the Network arising out of or in conjunction with breach of this Affiliate Agreement, as well as all reasonable costs, expenses and attorneys’ fees incurred therein.

Buying/Selling Websites
An Affiliate who initiates the sale of one or more website(s) configured under their account are required to notify the Network on completion of the sale.

Links to Other Web Sites
The Network and Site may contain links to third-party web sites. The Network does not control or monitor such web sites on a regular basis. The Network is not responsible for the computer programs available from, content in or opinions expressed at such web sites. The Network provides such third-party links only as a convenience to visitors and Affiliates to the site, and the inclusion of a link does not imply approval or endorsement of the linked site by the Network. If an Affiliate decides to leave the Site and access any third-party web site, you do so at your own risk.

Bandwidth or Usage Thresholds
The Network reserves the right to set Affiliate bandwidth or usage thresholds on ad serving, API requests and/or any scripts that interact with the Network Site or web services.

Adware/Malware
All websites configured in the Network by an Affiliate must conform to generally acceptable advertising practices. Affiliate websites or promotional tools must not support, advertise or promote downloadable advertising software (commonly known as “adware” or “malware”) that initiates or installs without the end user's action of consent. An Affiliate found to be using any forms of adware, malware or spyware will be immediately removed from the network, and commissions voided.

Pay Per Click (PPC) Search Engine Marketing
Any Affiliate of the Network using PPC to drive merchant traffic may not bid on merchant company name or merchant domain name (exactly as configured in the Network). An Affiliate may not represent themselves as the merchant in PPC campaigns unless consent is given by the Merchant. Commission earnings that originate from a company name or domain name bid violation will be withheld by Network.

Network Affiliate Cookies
Network tracking cookies set by Affiliate end-user clicks, through campaigns and tracking links of any kind provided by the Network, must be the direct result of an end-user outbound click, whether from a web site, PPC campaign, newsletter or email. Forced clicks or practices otherwise known as cookie stuffing are against this Affiliate Agreement.

Merchant Brand Representation
The Network prohibits any Affiliate from representing themselves as the merchant by any means, or from using any web programming code or techniques to frame the Merchant’s site within an end user’s browser. If an Affiliate chooses to frame Merchant’s sites it must be with Merchant consent before doing so.

Endorsements and Testimonials
Affiliate is required to follow all laws and guides adopted by the Australian Competition and Consumer Commission in relation to endorsements and testimonials.

Cyber, Domain or Typo-Squatting
Affiliate may not use a domain name with bad faith intent to profit from the goodwill of a trademark, business name or copyright belonging to another company or individual. Any relevant activities including, but limited to, Typosquatting, URL Hijacking, Cybersquatting or Brandjacking are not permitted. The Network reserves the right to remove an Affiliate where, in Network’s reasonable opinion, Affiliate is violating this clause or any law prohibiting such activity, and void commissions payable under this Agreement to Affiliate.

Traffic Generation
Software reminders, browser notifications or alerts triggered by a merchant URL in a browser address bar are acceptable with restrictions. Reminders or notifications may include, but are not limited to, browser helpers, plug-ins and toolbars. The Network reserve the right to apply passive click restriction on Affiliate accounts or websites utilizing software reminders, browser alerts or notifications that knowingly or unknowingly undermines the valid tracking cookie of another Affiliate.

Black Hat SEO
Black Hat SEO or Spamdexing techniques of any kind, including but not limited to, Cloaking and Content Scraping, is strictly prohibited and enforced. Any Affiliate caught using Black Hat methods will be removed from the Network on first offense, and commission payments subject to withholding.

Email Marketing
If an Affiliate chooses to promote Merchants by way of email lists, the email marketing must comply with the SPAM Act 2003 (Cth) (as amended) and the applicable regulations governing email marketing. The SPAM Act 2003 (Cth)covers email whose primary purpose is advertising or promoting a commercial product or service, including content on a web site.

Fraud or Attempted Fraud
Fraud is a very serious, and even criminal offense. Evidence of any kind of Affiliate fraud, or attempted fraud, will result in immediate termination from the Network and voided commissions. Fraudulent activity may include, but is not limited to, credit card transaction fraud, use of adware/malware, cybersquatting, forced clicks and certain black hat techniques. All information obtained by the Network from any Affiliate found to be engaged in credit card transaction fraud will be turned over to the appropriate law enforcement authorities.

Inactive Affiliate Accounts
Any Affiliate account that has been “inactive” for one year will be automatically deactivated from the Network. Inactivity is defined as having no record of clicks or impressions during the previous 12-month period. Although accounts that meet this criteria (no clicks or impressions for one year) are automatically deactivated, the account record is not deleted and can be reactivated should the Affiliate make the request, and qualify for reactivation.

Press Releases and Information
From time to time the Network will contain certain press releases, testimonials, interviews and discussions (collectively, “Information”) about us, our business and services, including links to certain third-party websites that may contain such Information. While all Information on the Site is believed to be accurate when prepared, the Network disclaims any duty to monitor or update any such Information. Statements regarding other companies other than the Network in such Information, should not be relied upon as being accurate or endorsed by the Network.

Communications
Certain communications, information and materials that an Affiliate submits shall be considered non-confidential. By submitting such communications, information and materials to the Network, Affiliate is representing their rights to enter into this Affiliate Agreement, that the Network is free to use all or part of the content of any such communications on an restricted basis without the obligation to notify or compensate Affiliate. The Network prohibits the scraping of email addresses from any Network site. The Network expressly prohibits and opts out of any electronic mail messages that were obtained in violation of the foregoing or by use of automatic address-generation programs.

Non-Affiliate Owned Web Properties
With the exception of pay per click search engine marketing, an Affiliate may only promote Merchants on web properties they own or operate. Any Affiliate is prohibited from placing tracking code from the Network, in or on all third-party web properties including, but not limited to, forums, message boards, social networks, user groups, blog comment areas, and classified services, unless consent is given from, or through the third-party’s terms of use.

Affiliate Transparency & Disclosure
Any software that masks or hides referring information or URLs in any way is prohibited from use. Any Affiliate, at the request of the Network, must disclose and provide accurate information on business models and online or offline promotional techniques used to drive traffic and sales on behalf of their Merchants. Failure to provide transparency may result in the suspension of an Affiliate account until such disclosure is made.

Participating Sites
The following sites will not be accepted by the Network: Incomplete sites, sites with deceptive promotions or content, parked domain names, sites with limited or no value added content, sites that promote hatred, bigotry, violence or adult-oriented material, gambling or online gaming services, get rich quick schemes, and any other sites otherwise centred around illegal or unethical activity. The Network reserves the right, in its sole discretion, to determine whether or not any Affiliate applicant’s site meets the acceptable use guidelines of this Affiliate Agreement.

Affiliate Payment
All relevant payment and commission tracking statistics are collected, calculated and stored by the Network, and will be the only valid statistics used in determining Affiliate commissions through all merchant promotional campaigns and activity in the Network. Any Affiliate will be compensated based on the threshold payment amount they define ($50, $100, $200 or $500) in the ‘Contact/Payment Information’ section of the “Account” administration menu.

 

Affiliate acknowledges and agrees that:

  1. Network collects commissions payable to the Affiliate from merchants on behalf of and as agent for Affiliate;
  2. Network is not liable to pass on payment of any amount to Affiliate until it has received payment from the relevant merchant of:
    1. all of the fees payable to DWS; and
    2. payment of the actual fees and commissions which Affiliate is entitled to receive from that merchant;
  3. Network shall not be liable to Affiliate in any way whatsoever in respect of any breach by any merchant of its obligation to pay any amount to Affiliate or to Network on behalf of Affiliate; and
  4. Network is entitled to apply the amount received from any merchant in the following order of priority:
    1. payment of all fees payable to Network under the merchant agreement; and
    2. payment of commissions which are collected by Network on behalf of Affiliate.

GST

(a) The recipient of a Taxable Supply made under or in connection with this agreement (Recipient) must pay to the party making the Taxable Supply (Supplier) the amount of GST in respect of the supply. This subclause does not apply if the consideration specified for the supply is expressly agreed to be GST inclusive.

(b) If the amount paid by the Recipient to the Supplier in respect of GST (whether because of an Adjustment or otherwise):

  1. is more than the GST on the Taxable Supply, then the Supplier shall refund the excess to the Recipient;
  2. is less than the GST on the Taxable Supply, then the Recipient shall pay the deficiency to the Supplier.

(c) The Recipient is not obliged to pay any amount in respect of GST to the Supplier unless and until the Supplier issues a Tax Invoice to the Recipient in respect of the Taxable Supply. If an Adjustment has occurred, the Supplier must issue an Adjustment Note to the Recipient.

(d) The amount of a party's entitlement under this agreement to recovery or compensation for any of its costs, expenses or liabilities is reduced by the Input Tax Credits to which that party (or the Representative Member of a GST Group of which the party is a member) is entitled in respect of such costs, expenses or liabilities.

(e) In this agreement, amounts which are calculated by reference to revenue or profits are calculated on the GST-exclusive component of that revenue or those profits unless expressly provided to the contrary.

(f) For the purposes of this clause:

  1. GST Law has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth); and
  2. Adjustment, Adjustment Note, GST, GST Group, Input Tax Credits, Representative Member, Taxable Supply and Tax Invoice have the meanings given to them in the GST Law.

Accepted Use
Affiliate must comply to all accepted terms of use as defined in this Affiliate Agreement. Network provided technology and scripts cannot be altered from the way they are packaged and delivered. Affiliate may not artificially inflate traffic or click counts to merchant sites using any device, program, script, robot or any other fabricated means. Affiliate cannot publish or otherwise promote any content, or site, which is libellous, obscene, pornographic, abusive, fraudulent or in violation of any law.


First Published: October 1, 2014

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