Affiliate Terms

Affiliate Program Terms and Conditions for Collecty

Effective Date: 25/07/2023

These Affiliate Program Terms and Conditions (“Terms”) govern your participation in the affiliate program (the “Program”) offered by Geek Group Pty Ltd, trading as Collecty, (“Company,” “we,” “our,” or “us”). By enrolling in the Program and becoming an affiliate (“Affiliate,” “you,” or “your”), you agree to comply with these Terms. Please read these Terms carefully before joining the Program.

  1. Enrolment in the Affiliate Program

1.1 Eligibility: The Program is open to individuals and businesses worldwide, subject to applicable laws and regulations. However, you must be at least 18 years old to participate.

1.2 Enrolment Process: To become an Affiliate, you must complete the online application available on our website and provide accurate and up-to-date information. We reserve the right to reject any application for any reason at our sole discretion.

1.3 Compliance: As an Affiliate, you agree to comply with all applicable laws, regulations, and ethical standards while promoting and marketing Collecty.

  1. Affiliate Commission

2.1 Commission Rate: As an Affiliate, you will earn a commission of 30% on all sales of Collecty for the life of a paying customer that originates from your referral link or unique affiliate ID.

2.2 Recurring Commission: The commission is recurring, which means you will continue to receive the commission for each subsequent payment made by the referred customer, as long as the customer remains a paying user of Collecty.

2.3 Payment Method: Commission payments will be made by PayPal or a similar payout system chosen by the Company, provided that the Affiliate has provided accurate and up-to-date payment details, including a valid PayPal account or other necessary information required for the selected payout system.

2.4 Payment Schedule: Commission payments will be made on a monthly basis upon the completion of any applicable withholding periods.

2.5 Currency: All commission payments will be made in the currency and using the payment method chosen by the Company at its sole discretion.

2.6 Refunds and Chargebacks: If a referred customer requests a refund or a chargeback is issued for a purchase, any associated commission earned by the Affiliate will be deducted from future commission payments.

  1. Changes to the Affiliate Program

3.1 Modification of Terms: The Company reserves the right to modify, suspend, or terminate the Program and these Terms, in whole or in part, at any time and for any reason. We will notify Affiliates of any significant changes via email or through our website.

3.2 Continued Participation: If you continue to participate in the Program after any changes to these Terms, it will indicate your acceptance of the modified Terms.

  1. Intellectual Property

4.1 Limited License: By participating in the Program, the Company grants you a limited, non-exclusive, revocable, non-transferable license to use our promotional materials and trademarks solely for the purpose of promoting Collecty as part of the Program.

4.2 Unauthorised Use: You agree not to use any promotional materials or trademarks in a manner that may harm the Company’s reputation or that could lead to confusion with our products or services.

  1. Non-Exclusive Agreement

5.1 Non-Exclusive Relationship: This agreement shall be non-exclusive, and nothing in these Terms shall restrict the Affiliate from participating in other affiliate programs or promoting products and services offered by other companies.

5.2 No Exclusivity Obligation: The Company acknowledges and agrees that the Affiliate is free to advertise, market, and promote other affiliate programs or products unrelated to Collecty during the term of this agreement.

5.3 No Competitive Restrictions: The Company shall not impose any restrictions that prevent the Affiliate from promoting or marketing competitive products or services as part of other affiliate programs or ventures.

5.4 Conflict of Interest: The Affiliate agrees to disclose any potential conflicts of interest that may arise from promoting competitive products or services to avoid any perception of bias or dishonesty in their marketing efforts.

  1. Confidential Information

6.1 Definition: “Confidential Information” refers to any non-public, proprietary, or sensitive information disclosed by one party (the “Disclosing Party”) to the other party (the “Receiving Party”) in connection with the Affiliate Program. Confidential Information may include, but is not limited to, customer lists, financial data, business plans, marketing strategies, and any information marked or reasonably understood to be confidential.

6.2 Obligations: The Receiving Party agrees to maintain the confidentiality of all Confidential Information received from the Disclosing Party and to take all reasonable measures to prevent unauthorised disclosure or use of such information.

6.3 Use and Disclosure: The Receiving Party shall not use Confidential Information for any purpose other than the performance of its obligations under this Affiliate Program. The Receiving Party shall not disclose, share, sell, or otherwise make available Confidential Information to any third party without the prior written consent of the Disclosing Party, except as required by applicable law or regulation.

6.4 Exceptions: The obligations under this Confidential Information clause shall not apply to information that: (a) was already known to the Receiving Party before disclosure by the Disclosing Party; (b) becomes publicly available through no fault of the Receiving Party; (c) is independently developed by the Receiving Party without reference to the Confidential Information; or (d) is rightfully received by the Receiving Party from a third party without a duty of confidentiality.

6.5 Return or Destruction: Upon the termination of this agreement or at the Disclosing Party’s request, the Receiving Party shall promptly return or, at the Disclosing Party’s option, securely destroy all copies of the Confidential Information in its possession or control.

  1. Taxation and Financial Responsibility

7.1 Tax Liability: As an Affiliate, you acknowledge and agree that you are solely responsible for any and all taxes, duties, or other financial obligations arising from the commission earned under the Affiliate Program. The Company will not withhold any taxes from your commission payments.

7.2 Independent Tax Advice: You are advised to seek independent tax advice to understand your tax obligations related to participating in the Affiliate Program and receiving commission payments.

7.3 Compliance: You agree to comply with all applicable tax laws, regulations, and reporting requirements in your jurisdiction.

7.4 Indemnification: You agree to indemnify and hold the Company harmless against any claims, losses, or liabilities arising from your failure to comply with your tax obligations.

  1. Fraudulent Activity and Breach of Terms

8.1 Fraudulent Payments: The Company reserves the right to void any commission payments that are reasonably believed to result from fraudulent activities, including but not limited to, false referrals, unauthorised use of promotional materials, or any attempt to manipulate the Program to gain undeserved commissions.

8.2 Breach of Terms: In the event of any material breach of these Terms by the Affiliate, the Company may void the associated commission payments and may terminate this agreement in accordance with the termination provisions outlined in Section 11.

8.3 Investigation: If the Company suspects any fraudulent activity or breach of these Terms, it may conduct an investigation, and during the investigation period, the Affiliate’s commission payments may be withheld until a conclusion is reached.

8.4 Company Discretion: The Company’s decision to void payments due to fraudulent activity or breach of terms shall be at its sole discretion, and such decision shall be final and binding.

  1. Non-Employment Relationship

9.1 Independent Contractors: Nothing in these Terms or the Affiliate Program shall be construed to create a partnership, joint venture, agency, employer-employee relationship, or any other formal business association between the Company and the Affiliate. Both parties agree that they are independent contractors, and nothing in this agreement shall authorise either party to act on behalf of the other in any capacity.

9.2 No Employment Benefits: As an Affiliate, you acknowledge that you are not entitled to any employee benefits, such as paid leave, health insurance, retirement benefits, or any other perks typically associated with employment arrangements. You shall be solely responsible for fulfilling any tax or regulatory obligations arising from your participation in the Program.

By participating in the Affiliate Program, you agree to the above-stated non-employment relationship terms, confirming that the relationship between you and the Company is solely that of an independent contractor.

  1. Limitation of Liability

10.1 Disclaimer of Warranties: Collecty and its affiliated companies make no representations or warranties regarding the suitability, reliability, availability, timeliness, security, or accuracy of Collecty, the Affiliate Program, or the Affiliate Tool for any purpose. The use of APIs and the Affiliate Tool may not be available at all times. To the extent permitted by Australian law, Collecty and the Affiliate Tool are provided “as is” without any warranty or condition of any kind. We disclaim all warranties and conditions, including but not limited to implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

10.2 No Indirect Damages: To the extent permitted by Australian law, neither party shall be liable for any indirect, punitive, or consequential damages, including lost profits or business opportunities.

10.3 Limitation of Liability: If, notwithstanding the other terms of this agreement, Collecty is determined to have any liability to you or any third party, both parties agree that our aggregate liability will be limited to the total commission amounts you have actually earned for the related customer transactions in the twelve-month period preceding the event giving rise to a claim.

10.4 Affiliate Tool: We disclaim all liability with respect to the Affiliate Tool that you use. We do not guarantee the availability of the Affiliate Tool, and we may choose to provide it or not, at our discretion.

10.5 Cookie Duration: The cookies used as part of the Affiliate Tool have a set duration. If a potential customer clears their cookies during this period, Collecty shall not be liable for any commissions that may have been owed to you.

Please note that these disclaimers and limitations of liability are subject to Australian law and may vary from other jurisdictions’ legal requirements.

  1. Term and Termination

11.1 Term: The term of this Affiliate Program agreement shall commence upon your enrolment in the Program and shall continue indefinitely until terminated as per the provisions of this section.

11.2 Termination by Either Party: Either the Company or the Affiliate may terminate this agreement at any time, with or without cause, by providing written notice to the other party.

11.3 Termination for Breach: The Company reserves the right to terminate this agreement immediately, without prior notice, in the event of any material breach of these Terms or any applicable laws, regulations, or ethical standards by the Affiliate.

11.4 Effect of Termination: Upon termination, you will immediately cease using any promotional materials, trademarks, or any other intellectual property associated with the Program. You will no longer be eligible to earn commission on sales of Collecty made after the termination date.

11.5 Survival: The provisions in Sections 4 (Intellectual Property), 5 (Non-Exclusive Agreement), 6 (Confidential Information), 7 (Taxation and Financial Responsibility), 8 (Fraudulent Activity and Breach of Terms), 10 (Limitation of Liability), and this Section 11 (Term and Termination) shall survive the termination of this agreement.

  1. Advertising and Domain Restrictions

12.1 Prohibition on Paid Ads: As an Affiliate, you agree not to create or run paid advertisements on social media platforms or search engines that directly compete with Collecty’s own marketing efforts. This includes but is not limited to ads that use Collecty’s trademarked terms, products, or brand names in a manner that may cause confusion for customers or divert traffic away from Collecty’s official marketing channels.

12.2 Domain Name Restrictions: The Affiliate shall not use any domain names that are identical or confusingly similar to Collecty’s official domain or trademarks. The use of such domain names may lead to customer confusion and is strictly prohibited.

12.3 Avoiding Confusion: The Affiliate agrees not to run ads or engage in marketing activities that may directly compete with Collecty’s marketing efforts or cause confusion for customers. This includes refraining from using Collecty’s trademarked terms, products, or brand names in a way that misrepresents or dilutes Collecty’s brand identity.

12.4 Non-Competitive Advertising: The Affiliate shall conduct their marketing efforts in a manner that is complementary to Collecty’s marketing strategy, without directly competing against Collecty’s official marketing channels or campaigns.

12.5 Violation Consequences: Any violation of the advertising and domain restrictions outlined in this section may result in the termination of the Affiliate’s participation in the Program and forfeiture of any unpaid commissions.

By participating in the Affiliate Program, you acknowledge and agree to adhere to the advertising and domain restrictions stated above. These restrictions are put in place to protect Collecty’s brand integrity and ensure a consistent and positive experience for our customers.

  1. Governing Law and Jurisdiction

13.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of Queensland, Australia, without regard to its conflicts of law principles.

13.2 Jurisdiction: Any legal action or proceeding arising out of or relating to these Terms shall be exclusively brought in the courts of Queensland, Australia.

By enrolling in the Program, you acknowledge that you have read, understood, and agree to be bound by these Terms and any future modifications. If you do not agree to these Terms, you may not participate in the Program.

 

 

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