Ecology Skincare PTY LTD, ACN 167 965 013 (Ecology Skincare), registered office is at C/of Southern Partners, PO Box 1066, Mornington
- Ecology Skincare has developed and operates an affiliate program, which allows an Affiliate to earn money through engaging Marketing strategies that result in successful sales of Ecology Skincare product through the Ecology Skincare website.
- In order to participate in the Ecology Affiliate Program, a potential Affiliate must accept the conditions of this Agreement and become authorised as an “Affiliate”. Please read this Agreement carefully. You will not be able to use the service if You do not accept the provisions of this Agreement.
- You must be accepted by Ecology Skincare into the Ecology Affiliate Program.
As a participant in the Ecology Affiliate Program you are agreeing to the Terms and Conditions listed below.
Now therefore, You hereto agree to the following bindings terms of the agreement.
The following terms when used in this Agreement shall have the following meanings:
a) “Ecology Skincare Website” – means the Website to which the Affiliate conducts this agreement via.
b) “Transaction/sale” – means a completed sale or multiple sales as a direct result of the Affiliates ethical Marketing strategy.
c) “Affiliate Program” – is a program owned and operated by Ecology Skincare and is designed to pay a set commission for successful sales derived from the Affiliates ethical Marketing strategies.
2. The Service
a) The Affiliate is allowed to Market and Promote the Ecology Skincare products in an ethical fashion in order to derive successful Transactions / Sales via the Ecology Skincare website.
b) Affiliate will be given a Affiliate Unique Identifier number upon acceptance of becoming an Affiliate member. The AUI will be used to track performance and commission payment calculations.
c) The Affiliate Program may be amended or terminated at any time. Information about the Affiliate Program will be available on Ecology Skincare’s website, www.ecologyskincare.com in the affiliate area. The Affiliate must keep themselves informed of any amendments of Affiliate Programs.
d) Ecology Skincare reserves the right to modify, amend, change or terminate Ecology Skincare’s service. The Affiliate will be notified of all such changes by e-mail or by an announcement on Ecology Skincare’s website in the affiliate area. If the Affiliate does not accept the changes the Affiliate must immediately terminate the Affiliate agreement.
3. Obligations of the Affiliate
a) The Affiliate is solely responsible for acting in an ethical and moral manner and shall ensure that they conform at all times to all applicable laws and regulations.
b) The Affiliate must notify Ecology Skincare immediately of any known or suspected improper or wrongful use of the Affiliate’s methodology and/or an Affiliate Program or of Ecology Skincare’s service in any way whatsoever.
4. Remuneration / Commission
a) Ecology Skincare offers a commission payment of 10% to Affiliates based on total sales value excluding any postage and applicable taxes. To eliminate confusion, a payable rate of $10 is applicable to a total of $100 (ex postage and taxes) worth of products successfully sold via affiliate links.
b) For Affiliates operating in Australia with GST registered status, we will pay your commission then your GST component will follow in a separate transaction. We require your ABN and GST tax registration status in order to pay your commission correctly. Please communicate this via email. Otherwise we will assume that you are not registered for GST and will deduct GST from your commission accordingly.
c) Subject to clause 5.c, payment of accumulated commission to the Affiliate shall be made monthly on the 1st business day of the following month, provided the amount payable is above the threshold determined by Ecology Skincare. If the accumulated commission is below the threshold, payment will be deferred until the accumulated commission is equal to or above the payment threshold.
d) Nothing in this Agreement shall create or be deemed to create, a partnership or relationship of employer and employee between Ecology Skincare and the Affiliate.
e) Payment to the Affiliate will be made via Paypal.
5. Limits on Ecology Skincare’s Liability
a) Ecology Skincare cannot guarantee or warrant the performance of Ecology Skincare’s products.
b) Ecology Skincare shall not be liable for costs and damages incurred by the Affiliate arising out of this Agreement unless caused directly by the negligence of Ecology. Ecology Skincare shall not in any circumstances be liable for indirect or consequential damages and costs incurred by the Affiliate for any reason whatsoever.
c) Ecology Skincare will not be liable for defects in the products, interruptions in the accessibility to the products, infringements on data or loss of data on the information handling system, defects in the security system or viruses or other harmful software components in Ecology Skincare’s environment or for any damage caused by viruses or components to the systems, the Affiliates software and/or the Affiliate’s website. Ecology Skincare shall not be liable for any error made by the Affiliate whatsoever.
d) Ecology Skincare shall not be liable if Affiliates, which have registered Affiliate Programs at Ecology Skincare, do not fulfil their obligations according to their Affiliate Programs and Ecology Skincare shall not be liable in any way for any agreements made directly between the Affiliate and any unregistered 3rd party Affiliate.
6. Term and Termination
a) This Agreement shall come into force upon our acceptance of you as an Affiliate and shall remain in effect until terminated.
b) The Affiliate is entitled to terminate this Agreement with immediate effect at any time. The Affiliate must cease to represent Ecology Skincare immediately upon the termination of this Agreement.
c) Ecology Skincare is entitled to terminate this Agreement with immediate effect at any time and/or suspend the Affiliate from Ecology Skincare’s association if:
I. Ecology Skincare considers the Affiliate or the content of their Marketing model inappropriate in any way.
II. The Affiliate acts fraudulently or illegally in any way.
d) Upon termination of this Agreement, Ecology Skincare shall inform the Affiliate immediately via email and the Affiliate shall immediately cease to represent Ecology Skincare.
e) Should this agreement terminate any agreed outstanding commissions will be paid immediately.
The Affiliate shall keep Ecology Skincare indemnified against any claims for damages or other claims for compensation arising from the Affiliate’s Marketing strategy or any incorrect information given to clients of Ecology Skincare by the Affiliate. The Affiliate shall also compensate Ecology Skincare for any other damages or costs caused by the Affiliate’s improper, negligent immoral, unethical or unauthorised portrayal of Ecology Skincare’s products
8. Assignment of the Agreement
The Affiliate may not assign or pledge their rights or obligations under this Agreement in whole or in part to any third party without the prior written consent of Ecology Skincare. The Affiliate agrees that Ecology Skincare may assign its rights and obligations under this Agreement and divulge or transfer information about the Affiliate, e-mail etc. to a third party.
If any provision of this Agreement or part thereof should to any extent be or become invalid or unenforceable, the parties shall agree upon any necessary amendment of the Agreement in order to achieve the interests and objectives of the parties prevailing at the time of execution of the Agreement.
11. Intellectual Property Rights
Ecology Skincare owns all copyrights, trademarks, intellectual property rights, know-how or any other rights connected to the products. The Affiliate does not acquire any rights or licences whatsoever under this Agreement other than to conduct ethical marketing on the terms of this Agreement.
a) Ecology Skincare shall not be liable for the legality of Ecology Skincare’s products in countries other than Australia. The Affiliate is solely responsible for the legality of the use of the product if the Affiliate is registered to Ecology Skincare’s service from a country other than Australia or if the Affiliate’s website is on a server in a country other than Australia.
b) This Agreement shall be governed by, and construed in accordance with the laws of Victoria, Australia.
c) If any dispute arises out of this Agreement the Parties will attempt to settle it by mediation.
d) To initiate the mediation one Party must give notice in writing to the other Party requesting a mediation in accordance with this clause. The mediation is to take place not later 28 days after the giving of the Notice. If there is any issue upon which the Parties cannot agree following initial mediation, an Attorney at Law will be appointed to represent Ecology Skincare and conclude mediation.