Fundraising Friend Program Terms

Last modified 23 August 2019

 

For the purposes of these Kids Aren’t Grown-Ups Fundraising Friends Program Terms:

• “Website” means kidsarentgrownups.com
• “Us”, “Our” and “We” refers to Kids Aren’t Grown-Ups ABN 36 244 727 489 (which owns and operates kidsarentgrownups.com)
• “You” and “Your” refers to You, the client, visitor, website user or person using this Website and signing up as a Fundraising Friend.
• “Program” means the arrangement between You and Us in respect of payment of commissions for purchases made by customers that You refer to Us, as governed by these Program Terms.
• “Fundraising Friend” (sometimes called “Affiliate”) means a party who signs up to the Program in accordance with these Program Terms.

By signing up as a Fundraising Friend of Kids Aren’t Grown-Ups You agree to these terms and conditions of service (‘Program Terms’):

1. Advertising and Links:

We agree to pay You certain commissions as described in the Schedule for purchases made by customers You refer to Us.

You represent and warrant that You will comply with any reasonable directions or restrictions We give to you about the placement of banners, the marketing techniques, presentation, and other specific marketing methods You may choose to use for promotion of Our products.

Any distribution and use of Our logo, name, website, materials and products will be agreed prior in writing.

You agree not to provide any discounts, special offers or otherwise on Our products without Our express written permission.

You agree that You will not provide, share, write or make any negative, false, untrue or otherwise inappropriate endorsements, comments, posts or other public statements relating to Our products or Kids Aren’t Grown-Ups. Any reviews or posts will be direct from customers who may have purchased Our products, and will be independent of You.

You further agree and warrant:

• to use Our Fundraising Friends Program and service in a manner that is ethical and in conformity with community standards;
• to respect the privacy of other users (You shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent Yourself as another user unless explicitly authorised to do so by that user);
• to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property; and
• to accept commercial emails from Us.

2. Fundraising Friend Payment and Commission Fees:

We will provide You with a unique Fundraising Friend code which must be used by customers to purchase Our Products in order for You to receive the Commission Fees. We are not required to pay any Commission Fees for purchases that are made without using Your unique Fundraising Friend code and We do not pay Commission Fees for any products purchased outside of the Website.

The Commission Fees will only be paid:

• on specified Products which may change from time to time;
• once We have received the full payment price; and
• on products that are not returned by or refunded to the customer.

3. Notification of Account Changes:You agree to provide Us with such other information relating to Your use of the Fundraising Friends Program as We deem necessary or desirable. You agree to immediately notify Us if your address, email address, telephone number or billing information changes.
4. Spam and Unsolicited Emails:

You agree and warrant You will not send any unsolicited email to any party, customer or client at any time either directly or indirectly in respect of Our products. We do not tolerate anyone who spams any party, business or individual. If You are caught or reported to be spamming, You will be removed from Our Fundraising Friends Program, and Your commissions or pending commissions will be forfeited. Spam is defined as emailing or posting to anyone who has not requested information via email or any website, and also includes “spamming search engines” with links. You may also be subject to pay any legal fines or penalties that may result from Your actions.

5. Compliance with Consumer and other Laws and Regulations:

You will ensure that, at all times, You have disclosed any and all affiliate commissions and affiliation as required by Australian Consumer Law and related regulations.

You agree to, at all times, abide by all local consumer and other laws in the state or country you are marketing and endorsing Our products and indemnify Us for any claims relating directly or indirectly to Your marketing, misstatement, incorrect or negligent advertisement or statements relating to the use, purchase, or otherwise of Our products by any third party.

6. Relationship and Indemnity:

Relationship: Nothing and no party of this Fundraising Friend arrangement shall be construed as creating any relationship beyond that of an affiliate. In particular, no relationship of agency, employment, or partnership is intended to be construed by these Program Terms. You have no authority to bind Kids Aren’t Grown-Ups in any manner to any third party apart from the Program Terms.

Indemnity: You agree to indemnify Us for any and all claims that any customer or third party may make as a direct or indirect result of Your representations, marketing or other promotional activities of Our Products or Kids Aren’t Grown-Ups including but not limited to any false, misleading, incorrect, inaccurate or otherwise actionable statement or claims.

7. Intellectual Property Ownership:

Kids Aren’t Grown-Ups, at all times, retains full and all rights, ownership and interest in all copyright, trademark and intellectual property in all products and any related materials. Nothing in these Program Terms or any arrangement between the parties grants or shall be implied to grant any rights, ownership, license or other interest in the Products or any materials including but not limited to any intellectual property rights, other than the rights set out in these Program Terms.

8. Termination:

We can terminate the arrangement between You and Us in our sole discretion without notice for any reason. This arrangement will be terminated once all payments have been made in accordance with these Program Terms.

9. Governing Law:

These Program Terms are governed by the laws from time to time in force in the state of South Australia. Both parties agree to unconditionally submit to the exclusive jurisdiction of the courts of South Australia for determining any dispute.

 

SCHEDULE

“Commission Fees” are paid for successful sales using the unique Fundraising Friend code at a rate of 20% and do not include GST.

“Products” means our ebook Kids Aren’t Grown-Ups and any other products as specified from time to time which we agree that form part of this Fundraising Friend Program.