[printfriendly]The following are the terms and conditions governing the AccessRigg Affiliates Australia Program. Please read this agreement carefully. By submitting your application, you agree and accept the terms and conditions below.
Please Read and Print for Future Reference.
These terms were last updated in January 2018.
The AccessRigg Affiliates Program is operated by AJ Rigg & E Rigg, 20 Dame Zara St, Gungahlin ACT 2912, Australia, operating as AccessRigg, referred to as (“the Operator“).
1. Contract with AccessRigg Affiliates Program
- By registering to become an Affiliate via the AccessRigg website, you are deemed to have agreed to be bound by all the terms and conditions set out in this agreement. Additionally, by accessing and utilising any of the Operator Marketing Tools or accepting any reward, bonus or commission whether contained in this agreement or elsewhere on our website, you are deemed to have agreed to be bound by all the terms and conditions set out in this agreement.
- For purposes of clarity, the terms “we” and “us” refer to the Operator and “you” and “Operator Partner” refers to the other party to the contract formed by the acceptance of these terms and conditions.
- This agreement provides you with the non-exclusive right to direct users (“Visitors“) from your site or sites to www.accessrigg.com.au (the “Operator Site“), in return for the payment of commissions and referral commission as specified below.
- To enrol please read this agreement and then submit a complete AccessRigg Program account application to us via the AccessRigg website. We will evaluate your application and notify you if your application is accepted. Your application will be rejected if we determine, in our sole discretion, that your site is unsuitable for any reason, including but not limited to, sites that are under construction, aimed at children, promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, contain illegal content or violate intellectual property rights.
- Enrolment in the AccessRigg Affiliate Program is only available to persons aged 18 and over.
3. Operator Partner Agreement
- During the term of this arrangement (which shall commence on the day that we notify you that your application has been accepted and shall end when either you or we notify the other, by email, of the termination of this agreement), you shall display any creative (including , but not limited to banners and hyperlinks) provided by the Operator on your site (the “Operator Partner Site“) to direct Visitors from the Operator Partner Site to one or more of the Operator Sites, using distinct URLs supplied by the Operator exclusively for linking (the “Supplied Creative“).
- The Supplied Creative shall be displayed at least as prominently as any other sales link on the Operator Partner Site, and if the Operator Partner displays or makes accessible to Visitors descriptive information regarding any other vendors whose banners are displayed on the Operator Partner Site, the Operator Partner shall, subject to the Operator’s prior written approval of the content thereof, include similar descriptive information regarding the Operator Sites.
- Unless otherwise agreed in writing with the Operator, the relationship specified in this agreement is non-exclusive for both parties; therefore, the Operator Partner shall be entitled to display the banners of, and provide links to, sites of other companies through the Operator Partner Site, and the Operator shall be entitled to make the Supplied Creative available to other parties, other than the Operator Partner Site.
- If the Operator enters into an agreement or side letter with an Operator Partner that is designed to be supplemental to this agreement (the “Supplemental Agreement“), it is the obligation of the Operator Partner to ensure they continue to comply with the AccessRigg Affiliate Program terms and conditions as may be in place from time to time and, in the event of any conflict between the AccessRigg Affiliate Program terms and conditions and the Supplemental Agreement, the AccessRigg Affiliate Program terms and conditions shall prevail.
4. Account Management
- The Operator Partner agrees to operate a single Operator Partner account. If the Operator should discover that the Operator Partner is operating more than one Operator Partner account, this agreement shall terminate and the Operator Partner will forfeit all rights to commissions and referral commission.
- Several sites may be registered to the one account, however, the placement of any site banner on a new site, MUST be reported by the Operator Partner and cleared by the AccessRigg Affiliate Program team in advance. Failure to do so may result in the termination of the Operator Partner’s account. The Operator Partner will also forfeit all rights to commissions and referral commission.
5. Delivery and Display of Banners, Copy and Promotional Material
- As an Operator Partner, you will have access to a variety of graphic and textual links (each of these links sometimes being referred to herein as “Links” or, individually, as a “Link”) via the AccessRigg Affiliate Area.
- The Operator hereby grants to the Operator Partner the non-exclusive, non-transferable, non-assignable (except as provided below) right, during the term of this agreement, to use (which shall include the right to copy, transmit, distribute, display and perform both privately and publicly) the Supplied Creatives, the Operator name, Operator Site names, and other related textual and graphic material as are made available by the Operator to the Operator Partner from time to time (collectively, “the Operator Material“), solely for the express purpose of inclusion on the Operator Partner Site in order to advertise and promote one or more of the Operator Sites and link through to one or more of the Operator Sites.
- the Operator Material remains the copyright of the Operator in its entirety and both the Operator Material and the terms of any promotions provided to the Operator Partner shall not be modified or misrepresented in any way by the Operator Partner.
- the Operator also authorises the Operator Partner to refer, in the Operator Partner’s advertising and promotions, to the fact that one or more of Operator Sites are accessible through the Operator Partner Site, provided that any such statement:
- does not include any trademarks, service marks, design marks, symbols and/or other indicia of origin of the Operator other than the Operator Site name and/or names in a non-distinctive typeface (specifically, not the typeface or colour way used in the logo design of any Operator trademark);
- does not state, suggest, or imply, by the wording or prominence of such statement or otherwise, that the Operator sponsors, authorises, and/or is the source or origin of the Operator Partner Sites; and
- does not disparage the Operator, its products, services, or Operator Partners.
- No other use of the Operator’s names, trademarks, service marks, design marks, symbols and/or other indicia of origin or other designations confusingly similar to any of the foregoing may be made by the Operator Partner for any purpose without the prior written approval of the Operator.
- As between the Operator and the Operator Partner, the Operator owns, and shall continue to own exclusively, all right, title and interest (including without limitation, all rights provided under the law of copyright and trademark) in and to the Operator Materials and all names, trademarks, service marks, design marks, symbols and/or other indicia of origin therein, whether registered or unregistered throughout the world and in perpetuity, subject to the permissions granted in this agreement. The licence to use the Operator Materials and marks is limited to that set out in this agreement and this licence shall be terminated immediately on termination of this agreement between the Operator and the Operator Partner.
- The Operator reserves the right to replace any promotional or other creative (eg. banner, java script, text link or newsletter) with other Operator creative that has the dimensions and size as the current promotional or other creative. The Operator Partner will update its creative as and when the Operator replaces the creative and the Operator Partner will promptly comply with any written or verbal direction by the Operator to change the creative.
6. Maintaining the Links and Marketing of the Operator Partner Site
- You agree to fully cooperate with us in order to establish and maintain the Links between the Operator Partner Site and one or more of the Operator Sites. The maintenance and updating of the Operator Partner Site will be your responsibility. The graphics and/or text associated with the Links to the Operator Sites will be updated periodically and it will be necessary for you to update the content of the Operator Partner Site accordingly on a regular basis.
- Please be aware that we have the right to monitor the Operator Partner Site at any time to determine if you are following the terms and conditions of this agreement and to notify you of any changes that we feel must be made.
- You agree to maintain reasonable coverage and Links on the Operator Partner Site in order to promote Operator. The Operator may immediately terminate this agreement, if, the Operator, in its sole discretion, deems that:
- the marketing of the Operator Partner Site is not sufficient; or
- that the Operator Partner is failing to generate an acceptable level of Linking Visitors.
- You are strictly prohibited from engaging in any pay-per-click or sponsored search campaigns without prior express approval from the AccessRigg Affiliate Program team.
- You are strictly prohibited from using paid social media targeting to market the Operator Partner Site or from generating Visitors via paid social media targeting, without prior written approval from the AccessRigg Affiliate Program team, such permission to include naming the particular social media channel, the content and frequency of marketing permitted.
7. Cookies Policy
- The Operator maintains 180 day expiring cookies whereby a cookie expires if a visitor has not registered a customer account within this time. For example, if a customer clicks through Operator Partner A and makes a purchase within 180 days, Partner A will get credit for the registration. If a customer clicks through Operator Partner A and does not make a purchase within 180 days, the customer will not be treated as a direct customer and Partner A will not obtain the credit for the registration.
- We operate a last click policy. For example, a potential customer clicks through Operator Partner A but does not make a purchase. On another occasion, within 180 days of the customer first clicking via Operator Partner A, the same person then clicks on Operator Partner B’s link and makes a purchase with the Operator. In this case, Operator Partner B will get the credit for the purchase.
8. Communication with Operator Partners
- By signing up to the AccessRigg Affiliate Program you agree to receive a variety of material from the Operator and it is a condition of your participation in the AccessRigg Affiliate Program that you continue to receive communications from the Operator.
- If you choose to opt out of our promotional communications the Operator will not be responsible for any damages that may occur as a result of this or any consequences this may have on this agreement or the relationship between the Operator and the Operator Partner. Notwithstanding any opt out in relation to our promotional communications, the Operator reserves the right to contact you regarding your account status and other matters relevant to this agreement.
9. Anti-Spam Policy
- Spam is defined as the sending of an electronic message, email or posting to multiple recipients who have not specifically requested the message regardless of its content.
- In accordance with the Spam Act 2003 (Cth) the Operator strictly prohibits Operator Partners from sending unsolicited mass emails or spam, whether via email, or any other form and strictly prohibits Operator Partners from sending out emails on behalf of the Operator or making claims of endorsements by the Operator.
- Any Operator Partner acting in breach of this clause 9 in order to solicit referrals will be in automatic breach of this agreement and will have his contract with the Operator immediately terminated, all funds due to the Operator Partner will be withheld and the Operator Partner will be legally pursued for any resulting damages.
- Should payment for damages, including any legal expenses incurred, not be covered by funds in your account we reserve the right to investigate other alternative means for obtaining payment including recourse to file a claim against you for unpaid amounts.
- In addition if you choose to send bulk emails with the consent of the recipients you are obligated to:
- include a clear and conspicuous notice that the email is an advertisement;
- include a clear and conspicuous notice of the option to “unsubscribe” to further commercial email;
- ensure the “unsubscribe” facility is valid and functional;
- ensure an unsubscribe request is actioned within 5 days of receipt;
- include a valid email and physical postal address of the sender;
- ensure the header information and the content of the email does not contain false or misleading statements or material
- The Operator may terminate this agreement immediately if you are in breach of any of these obligations.
10. Good Faith
- You will not knowingly benefit from known or suspected traffic not generated using accepted Internet marketing practices whether or not it causes the Operator harm. We reserve the right to retain all amounts due to you under this agreement if we have reasonable cause to believe that such traffic has been caused with your knowledge.
- Should fraudulent activity (as assessed by us in our sole discretion), arise from a customer directed to one or more of the Operator Sites via the Operator Partner Site, we retain the right to retract the commissions paid to you at any time in respect of that customer and to apply any costs associated with dealing with any fraudulent transactions to you. Our decision in this regard will be final and no correspondence will be entered into.
- Any attempt at fraudulent activity by the Operator Partner including using or providing for use any unauthorised bonus codes or unauthorised creative material and any other act which the Operator determines is being used to collect fraudulent commissions shall result in this agreement being terminated immediately and all commissions or fees payable shall be forfeited.
- You will be solely responsible for ensuring that material posted on the Operator Partner Site is not libellous, does not infringe a third party’s intellectual property or is not otherwise illegal. Further you will indemnify and hold us harmless from all claims, damages and expense (including legal fees) relating to the marketing and contents of the Operator Partner Site.
11. Anti-Predatory Advertising Policy
- No Operator Partner will replace, intercept, interfere, hinder, disrupt or otherwise alter in any manner the web users online access, view or usage of, or other aspect of the web users online experience at any Operator Partner webpage in a manner that causes or otherwise results in a different experience from what was intended by such Operator Partner.
- No Operator Partner will block, alter, direct or redirect, or substitute, insert or append itself to, or otherwise intercept or interfere in any manner with, any click-through or other traffic-based transaction that originated from an Operator Partner webpage (including without limitation any return visit to the Operator to which such click-through or other traffic reached or intended to reach) with the result of reducing compensation or other payment earned by or owing to an Operator Partner or increasing any payment obligation of the Operator with respect to any individual transaction.
- Operator Partners will be removed from the AccessRigg Affiliate Program and forfeit any pending commissions if they are utilising or distributing software downloads that potentially enable diversions of commission from other Operator Partners in our program.
12. Duplication of Operator Site and Content
You are forbidden from creating a site that copies, resembles the look and feel or duplicates the content of any of the Operator Sites, or otherwise creates the impression that the Operator Partner site is one of the Operator Sites.
13. Commission and Referral Commission
- You shall be entitled to a commission for the term of this agreement equal to the Applicable Percentage of Customer Net Revenue, derived from any settled transactions from Visitors who have used one or more of the Operator Sites who first linked to that or those Operator Sites from the Operator Partner Site (“Linking Visitors“) for as long as you remain an Active Member.
To remain an Active Member, you are required to promote the Operator on your website throughout the term of this agreement. To earn commission in relation to any of the Operator Sites you must maintain a reasonable level of coverage of that Operator Site on your website. Removal of all Operator promotional material from your website will signify your immediate termination as an Operator Partner.
- “Customer Net Revenue” is defined as the total of the gross sales (calculated solely with reference to the Operator’s system data) derived from any real transaction with a Linking Visitor in which revenue is paid or credited to the Operator in respect of all the Operator Sites, less:
- chargebacks and discretionary returns;
- bad debts or fraudulent transactions;
- promotional bonuses and rebates;
- GST payable on Customer Net Revenue; and
- administration and payment processing fees.
- “Applicable Percentage” is defined as the percentage of Customer Net Revenue over $1.00, calculated monthly, for the service during the month in which the Customer Net Revenue was derived.
- The Operator will pay any commission payable within 20 business days after the close of the month.
- The Operator reserves the right to recalculate commission paid in the event of an error and to require immediate repayment of any commission overpayment.
- The Operator reserves the right to amend commission structures without prior notice. Notification will be made to you in writing if such a change occurs.
- A chargeback refers to any uncollectible Customer Net Revenue that is a result of uncollectible funds from credit/debit cards as a result of customer non-payment or unauthorised 3rd party credit card use, and any amount of the balance is not recovered and is written off as a bad debt or rebate and/or where the Visitor has illegally obtained the funds.
- A chargeback originating from a Visitor referred from an Operator Partner will be deducted from the accumulated revenue generated by the Operator Partner for the chargeback period. This amount will be forfeited and deducted from the total balance due to the Operator Partner for the pay period.
- Should this amount exceed the current amount due, your balance will revert to a negative, and you will have to work your way back to zero before you can start earning revenue again.
- The Operator reserves the right to apply any costs associated with dealing with any fraudulent transactions to the Operator Partner.
15. Referral Commissions
- You shall be entitled to a 10 per cent (10%) referral commission, with respect to monthly total Customer Net Revenue generated by Visitors who arrive from other Operator Partners that you refer to us directly or indirectly.
- All amounts are expressed in AUD. The Operator shall pay the Operator Partner all amounts due for the month within 20 business days following the close of the month into the Operating Partner’s Paypal account. The Operator Partner balances with less than $75 outstanding will be withheld until such time as the balance exceeds $75 at the end of any given month.
16. Operator Partner Rewards Programs
- From time to time the Operator may offer rewards programs to Operator Partners. To participate, you must be an active Operator Partner in good standing with the Operator. The Operator Partners participating in any reward program agree to be bound by the decision of the Operator, which will be final and binding in all respects.
- The Operator reserves the right to terminate any and all Operator Partner rewards programs for any reason, including, but not limited to, if for any reason the rewards program is not capable of running as planned or if the administration, security, fairness, integrity, or proper conduct of the rewards program is corrupted or adversely affected, including by reason of infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes beyond the Operator ‘s control. The Operator reserves the right to cancel, terminate, modify or withdraw the rewards program without prior notice and without liability to the Operator Partner.
- All taxes, fees, and surcharges, if any, on rewards are the sole responsibility of the prize winner. Acceptance of a prize constitutes permission for the Operator and its advertising and promotional agencies to use the recipients name, photograph and/or likeness for advertising and promoting and publicising the services of the Operator in any medium without compensation, unless otherwise prohibited by law.
- The Operator Partners release and hold harmless the Operator and their respective Operator Partners, subsidiaries, directors, officers, agents, employees, and all others associated with the development and execution of the reward program from any and all liability with respect to or in any way arising from the reward program and the awarding, use or misuse of the prize, including liability for damage to property including damage to the Operator Partner’s or any other person’s computer.
17. Confidential Information
- As used herein, “Confidential Information” shall mean all oral or written information, of whatever kind and in whatever form, relating to past, present or future products, software, research, development, inventions, processes, techniques, designs or other technical information and data, and marketing plans (including such information of third parties that a party hereto is obligated to hold as confidential), provided that such information has been reasonably identified as or could be reasonably considered to be proprietary or confidential, that either party:
- may have received prior to the date of this agreement, whether directly from the other or indirectly from third parties; or
- may receive hereunder from the other.
- Each party agrees that, with respect to its receipt of Confidential Information of the other party, it shall:
- use the same care and discretion to prevent disclosure of such Confidential Information as it uses with similar Confidential Information of its own that it does not desire to disclose, but in no event with less than a reasonable degree of care;
- accept such Confidential Information and use such Confidential Information only for the purposes permitted hereunder; and
- restrict disclosure of Confidential Information solely to those of its employees and agents who have a need to know and are obligated not to disclose such Confidential Information to any third parties.
- The foregoing restrictions shall not apply to information that:
- is or hereafter becomes part of the public domain through no wrongful act, fault, or negligence on the part of the recipient;
- the recipient can reasonably demonstrate is already in its possession and not subject to an existing agreement of confidentiality;
- is received from a third party without restriction and without breach of this agreement;
- was independently developed by the recipient as evidenced by its records; and
- the recipient is required to disclose pursuant to a valid order of a court or other governmental body; provided, however, that the recipient shall first have given notice to the disclosing party and shall give the disclosing party a reasonable opportunity to interpose an objection or obtain a protective order requiring that the Confidential Information so disclosed be used only for the purposes for which the order was issued. The termination of this section 17 shall survive the termination of this agreement.
- The Operator Partner acknowledges that Operator does not advocate or endorse the purchase or the use of any services offered by Operator through the Operator Sites or through its software, nor does it guarantee the quality, fitness, or results of any such service or compliance with any law or regulation. The Operator represents and warrants that:
- The Operator has the right to enter into this agreement and to grant the rights and licenses granted herein; and
- The Operator’s software, and the reproduction, distribution, transmission, public performance and public display of the Operator Materials as permitted herein, do not:
- invade the right of privacy or publicity of any third person; or
- contain any libellous, obscene, indecent or otherwise unlawful material.
- The Operator Partner represents and warrants that:
- the Operator Partner has the right to enter into this agreement;
- the Operator Partner site does not, and the reproduction, distribution, transmission, public performance and public display of the Operator Partner Site as permitted herein, do not:
- invade the right of privacy or publicity of any third person,
- contain any libellous, obscene, indecent or otherwise unlawful material, or
- infringe any patent, copyright or trademark right in any jurisdiction; and
- the Operator Partner has received no notice of such invasion, violation or infringement of rights.
- The Operator Partner will indemnify the Operator within 14 days of demand with respect to any and all losses, demands, claims, damages, costs, expenses (including but not limited to consequential losses and loss of profit, legal costs and expenses) and liabilities suffered or incurred directly or indirectly, by the Operator in consequence of a breach of this Agreement by the Operator Partner.
19. Term and Termination
- The term of this agreement will begin when you link to one or more of the Operator Sites and will be continuous unless and until either party notifies the other in writing that it wishes to terminate the agreement, in which case this agreement may be terminated immediately. TERMINATION IS AT WILL, FOR ANY REASON, BY EITHER PARTY.
- For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.
- Upon termination:
- You must remove the Supplied Creative and any additional material supplied by the Operator from your site and disable any links from your site to the Operator Sites;
- All rights and licenses given to you in this agreement shall immediately terminate;
- You will be entitled only to those unpaid fees and commission, if any, earned by you on or prior to the date of termination. You will not be entitled to fees and commissions occurring after the date of termination and will cease to earn commission on the revenue of Visitors referred to the Operator.
- If you have failed to fulfil your obligations and responsibilities or have acted in breach of this agreement, we will not pay you the fees otherwise owing to you on termination and you will cease to earn commission on the revenue of Visitors referred to the Operator.
- We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
- If we continue to permit activity (generation of revenue) from customers after termination, this will not constitute a continuation or renewal of this agreement or a waiver of termination.
- You will return to us any confidential information and all copies of it in your possession, custody and control and will cease all uses of any trade names, trademarks, service marks, logos and other materials of the Operator.
- You and we will be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations which by their nature are designed to survive termination, as set out in this agreement. Termination will not relieve you from any liability arising from any breach of this agreement, which occurred prior to termination.
- The Operator may from time to time review the Operator Partners’ participation in the program. The Operator may choose to cancel an Operator Partner’s participation in the program in its sole discretion, if it reasonably believes the Operator Partner to have behaved in such a manner contrary to the terms or intent of the program.
- Unsuitable sites may include those that: are aimed at children, promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, contain illegal content or violate intellectual property rights.
- WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE DISCRETION) THAT YOUR SITE IS UNSUITABLE.
20. Risk Allocation
Neither party will be liable to the other party (nor to any person claiming rights derived from the other party’s rights) for incidental, indirect, consequential, special, punitive or exemplary damages of any kind, including lost revenue or profits, loss of business, or loss of data, arising out of this agreement (including without limitation as a result of any breach of any warranty or other term of this agreement), regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility thereof.
21. Acknowledgement of No Warranty
Except as expressly provided herein, neither party warrants that their respective websites will perform in the manner expected or without interruption, error, or defect, or that any revenue to either party will result from the activities contemplated by this agreement. Except as expressly set forth in this agreement, neither party makes any warranties of any kind, express or implied, including warranties of ability or fitness for a particular purpose or warranties against infringement of any intellectual property rights not specifically enumerated.
Except as otherwise provided herein, the Operator Partner may not assign this agreement or any of its rights or delegate any of its duties under this agreement, without the prior written consent of the Operator. Any purported assignment or delegation without such required consent shall be null and void.
23. Independent Contractors
The Operator and the Operator Partner are independent contractors under this agreement, and nothing herein shall be construed to create a partnership, joint venture, or agency relationship between the Operator and the Operator Partner. Neither party has the authority to enter into agreements of any kind on behalf of the other party.
It is the Operator Partner’s responsibility to declare taxes from their Operator Partner income, according to their country’s regulations. An institutional bank located in Australia issues the Operator Partner payments; therefore, the Operator will not issue any forms relating to this matter.
No waiver of any breach of any provision of this agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorised representative of the waiving party.
The Operator may modify any of the terms and conditions set forth in this agreement by posting the modified terms and conditions on the Operator Site at: http://www.accessrigg.com.au/ or at another site it chooses. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and referral program rules.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. 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.
27. Governing Law
This agreement shall be governed and construed in accordance with the laws of the Australian Capital Territory, in the Commonwealth of Australia. Each party to this agreement irrevocably submits to the jurisdiction of the Australian Capital Territory Courts in respect of any dispute or matter arising from this agreement.