Affiliate Program Terms & Conditions
Overview
These terms and conditions outline the rules and regulations that apply to you becoming an affiliate in Oz House Sitters Affiliate Program.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “affiliate” “user”, “you”, “member” and “your” refers to you, the person using, logged on. “us”, “ourselves”, “we”, “our” “Company” and “Oz House Sitters”, refers to us (Oz House Sitters). Terminology is not case sensitive.
Agreement
By signing up to be an Affiliate in the OZ House Sitters Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
OZ House Sitters reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
Account Terms
– You must be 18 years or older to be part of this Program.
– You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
– You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
– Your login may only be used by one person – a single login shared by multiple people is not permitted.
– You are responsible for maintaining the security of your account and password.
OZ House Sitters cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
– You are responsible for all Content posted and activity that occurs under your account.
– One person or legal entity may not maintain more than one account.
– You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
– You may not use the Affiliate Program to earn money on your own
OZ House Sitters product accounts.
– If you have a Home Owner or House Sitter membership, you need to log out of that account and then visit the
Affiliate Program page to apply for the Affiliate Program.
Links/graphics on your site, in your emails, or other communications
Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to
OZ House Sitters. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.
To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the
OZ House Sitters. You must ensure that each of the links between your site and the
OZ House Sitters properly utilizes such special link formats. Links to the
OZ House Sitters placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a
OZ House Sitters product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
Affiliate links should point to the page of the product being promoted.
Referral fees/commissions and payment
Oz house Sitters only pays commission on the sale of paid memberships to our site. Currently this is the
House Sitter Membership.
For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to
https://www.ozhousesitters.com.au and complete an order for a product during that session.
We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems. We can only pay commission on paid memberships and the order total is not $0.
The affiliate cookie will track for 30 days.
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Payments only begin once you’ve earned more than
$30 AUD in affiliate income. If your affiliate account never crosses the
$30 AUD threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the
$30 AUD threshold.
The current commission rate is 20%.
Identifying yourself as a OZ House Sitters Affiliate
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of
OZ House Sitters or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
Access to Affiliate Account Interface
You will create a password so that you may enter our secure affiliate dashboard interface, once your application has been approved. From your account dashboard, you will be able to receive your reports that will describe our calculation of the commissions due to you.
Payment schedule
As long as your current affiliate earning are over
$30 AUD , you’ll be paid each month on the 20th. If you haven’t earned
$30 AUD since your last payment, we’ll pay you the following month after you’ve crossed the threshold.
Customer definition
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
Your responsibilities
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
– The technical operation of your site and all related equipment
– Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your site are not libellous or otherwise illegal
– Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.
Acceptable Use
You agree not to use the Affiliate Program or
OZ House Sitters for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Affiliate Program in any way that could damage our websites, products, services, or the general business of
OZ House Sitters.
You further agree not to use the Affiliate Program:
– To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
– To violate any intellectual property rights of
OZ House Sitters or any third party;
– To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
– To perpetrate any fraud;
– To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
– To publish or distribute any obscene or defamatory material;
– To publish or distribute any material that incites violence, hate, or discrimination towards any group;
– To unlawfully gather information about others.
– To promote sexually explicit materials
– To promote violence
– To promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
– To promote illegal activities
– To incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
– Where your domain name includes “Oz House Sitters” or variations or misspellings thereof in its domain name
– Where it is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
– Where your site contains software downloads that potentially enable diversions of commission from other affiliates in our program.
– Where you may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are
OZ House Sitters or any other affiliated business.
Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the SPAM Act of 2003 and all other anti-spam laws.
Oz House Sitters Rights & Obligations
OZ House Sitters reserves the right, at any time:
– To review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
– To monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in our Affiliate Program.
– To terminate this Agreement and your participation in out Affiliate Program immediately and without notice to you should you commit fraud in your use of the our Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, we shall not be liable to you for any commissions for such fraudulent sales.
Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to
https://www.ozhousesitters.com.au, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.
OZ House Sitters reserves the right to end the Program at any time. Upon program termination,
OZ House Sitters will pay any outstanding earnings accrued above
$30 AUD.
Termination
OZ House Sitters, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other
OZ House Sitters service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
OZ House Sitters reserves the right to refuse service to anyone for any reason at any time.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
Service Disruptions
The Company may need to interrupt your access to the Affiliate Program to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access may be affected by unanticipated or unscheduled downtime, for any reason, but that
OZ House Sitters shall have no liability for any damage or loss caused as a result of such downtime.
Data Loss
OZ House Sitters does not accept responsibility for the security of your account or content. You agree that your participation in the Affiliate Program is at your own risk.
No Warranties
You agree that your use of the Affiliate Program is at your sole and exclusive risk and that any services provided by us are on an “As Is” basis.
OZ House Sitters hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability.
OZ House Sitters makes no warranties that the Affiliate Program will meet your needs or that it will be uninterrupted, error-free, or secure.
OZ House Sitters also makes no warranties as to the reliability or accuracy of any information. You agree that any damage that may occur to you, through a computer system, or as a result of loss of your data from your use of the Affiliate Program is your sole responsibility and that
OZ House Sitters is not liable for any such damage or loss.
Limitations of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
Privacy Policy
Registration data and other personally identifiable information that the site may collect is subject to our
Privacy Policy.
Disclaimers
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the
OZ House Sitters will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Arbitration
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the The
Australian Centre for International Commercial
Arbitration (ACICA). The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Miscellaneous
This Agreement will be governed by the laws of the Northern Territory AUSTRALIA, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of
OZ House Sitters to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and
OZ House Sitters and govern your use of the Service, superceding any prior agreements between you and
OZ House Sitters (including, but not limited to, any prior versions of the Terms of Service).
