Affilliate Terms & Conditions
1. Definitions
“this Agreement” shall mean the contents of the contract between Appzoola Pty Ltd (hereafter known as Appzoola) and the Affiliate in respect of the Programme. ‘the Site’ shall mean the appzoola.com website.
‘the Programme’ shall mean the affiliate Programme as set out on the Site and that is governed by this Agreement.
‘the Link’ shall mean the HTML link provided from time to time by Appzoola to link the Affiliate’s website to the Site.
‘the Affiliate’ shall mean the party who agrees to take part in the Programme.
2. The Programme
2.1) The Programme shall be the affiliate programme as set out on the Site from time to time.
2.2) Appzoola is entitled to vary, amend or cancel the Programme without giving notice to the Affiliate. Appzoola may make any such change by publishing any revised terms on the Site.
2.3) The Programme is expressly a business-to-business relationship and both Appzoola and the Affiliate enter into it in a business capacity and not as a consumer.
2.4) The Programme does not entitle the Affiliate to represent themselves as an agent, partner or any other form of associate of Appzoola other than as an Affiliate as expressly provided for in this Agreement.
3. Suitability for the Appzoola Affiliate Program
3.1) Appzoola reserves the right to terminate this Agreement and the Affiliate’s status at any time for any reason whatsoever at its sole discretion.
3.2) In particular if Appzoola deems that the Affiliate’s website is inappropriate for the Programme then this Agreement shall be terminated. The Affiliate’s website may be deemed inappropriate if in the view of Appzoola it contains, promotes or contains links to sites that are:
3.3) discriminatory, sexually predatory or violent material, or
3.3) promote, depict or contain links to material that promote or depict discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age, or
3.4) contains unlawful material, this shall include but not be limited to materials that may possibly violate another’s intellectual property rights, or
3.5) contains information regarding, promotes or links to a site that provides information or promotes illegal activity, or
3.6) for any other reason that is deemed by Appzoola (at its sole discretion) to be unsuitable.
3.7) Upon Clicking on the ‘Join Now’ button you are automatically accepted on the Programme. Appzoola reserves the right to withdraw Affiliate status at anytime after you have been accepted onto the Programme for any reason that Appzoola deems relevant. Acceptance into the Programme does not mean that Appzoola has specifically approved the Affiliate or its website.
4. Legitimate methods of advertising
4.1) In order to receive commission’s for referring customers to Appzoola, the Affiliate must engage in proper advertising. Affiliates found to be engaging in improper advertising shall have their agreement terminated and their affiliate status revoked. Appzoola shall be the sole and absolute arbiter of what constitutes proper advertising.
4.2) A non-exhaustive list of examples of improper advertising shall include but not be limited to:
4.2.1) the forwarding of any urls direct to appzoola.com (this includes misspells of the above domain); and
4.2.2) forcing cookies through iframes;
4.2.3) advertising through third party networks; with the exception arising from Clause 4.3 below;
4.2.4) brand bidding (including misspells) for PPC advertising,
4.2.5) including your Appzoola affiliate link within Unsolicited Commercial Email (UCE) or SPAM,
4.2.6) including any of Appzoola url in search adverts.
4.3) Affiliates are permitted to promote Appzoola through various social media communities, as a limited exception to Clause 4.2.3 above. However, Affiliates are not permitted to create groups or specific web pages in social communities whereby they purport or hold themselves out to be representatives of Appzoola.
4.4) Appzoola reserves the right to conclude that you have engaged in an improper method of advertising according to our standards, at our sole discretion. We may come to such a conclusion even if it is based upon our opinion or mere suspicion or belief and is without any duty on Appzoola to prove that our opinion or suspicion is well-founded; and even if our opinion is proven not to be well-founded or if other hosting/domain name companies have not deemed it to be an improper method of advertising.
4.5) Any Affiliate found to be adopting improper methods of advertising for the purpose of the Programme shall be deemed to have been in breach of this Agreement and shall have their Affiliate status revoked. Such an Affiliate will therefore immediately cease in being an Affiliate of Appzoola.
4.6) Any sales that have been generated through improper advertising will not qualify for commission or credit from Appzoola.
4.7) Any Affiliate found to be utilising these or any other improper methods of advertising may be required to pay back any such commission that has been paid by Appzoola to them. If Appzoola elects not to enforce this right it shall not be deemed to be a waiver of any other rights that it may have under this Agreement.
5. The Procedure
5.1) Subject to the terms of this Section, we will provide to you all Links, and any related banners, graphics, or text advertisements necessary to promote and offer the Appzoola Services to your site’s visitors and/or its members. The Appzoola link may contain any picture, text, logo, graphic, that maybe be attributed with Appzoola.
5.2) Appzoola reserves the right to change the content and or display of the Link from time to time in our sole discretion. The link will connect your site with the area on our site (the landing page) where your referral may apply for Appzoola products directly with us. The presence of the Appzoola link on your site will serve to identify you as a member of our Affiliate Programme.
6. The Payment of Commission
6.1) Once a customer has arrived at our website having followed the Link, their actions on our website will be tracked for 90 days using a cookie. You will earn commission on their first order that is placed during the 90 day period. Appzoola will not be responsible for commissions missed due to the cookie being deleted or blocked or in any other way failing to track the customer from the Link.
6.2) Affiliates will earn commission fees only with respect to activity on our site occurring directly through the Link that will appear on their website.
6.3) Appzoola is under no obligation whatsoever to pay any commission to any Affiliate who does not strictly follow this Agreement as published from time to time.
6.4) Appzoola reserves the right to take legal action against any Affiliate that commits fraud, or conspiracy to defraud and to recover any commissions paid to an Affiliate which was earned as a result of such fraud. For the purposes of this agreement fraud shall include but not be limited to willingly violating the terms of this Agreement.
6.5) If an Affiliate terminates this Agreement for any reason whatsoever then it shall not be entitled to any commission payments earned after it has terminated this Agreement.
6.6) Affiliates will automatically have their commissions paid into their Paypal or Stripe account.
6.7) Appzoola will pay out commissions every month that a subscriber remains a paying customer.
6.8) It is the sole responsibility of an Affiliate to make sure that their payment details are up to date and accurate on the Appzoola system in order to facilitate the payment reaching them.
6.9) All missing payments must be followed up within six months of the date of their issue. All payments due that have not been brought to the attention of Appzoola within six months shall be deemed to have been forfeited by the Affiliate.
6.10) Affiliates will only be paid Commissions for the first order made by their referral customer only. Commissions will not be not paid on orders made by existing Appzoola customers. Appzoola will not pay commission for products that an Affiliate purchases for itself through the Link. The Appzoola system will simply not recognise this as an Affiliate sale. Web agencies or resellers purchasing domains or products through their account for other people are encouraged to contact Appzoola directly for information on how they can become eligible for commission.
6.11) The rates of commission payable to the Affiliate from time to time shall be published on the Site and this shall be included in this Agreement as Schedule 1 to it. Schedule 1 may be amended or varied by Appzoola at any time without reference to the Affiliate. Any revised rates of commission payment shall take effect from the day that the amended Schedule 1 is published on the site.
7. Appzoola’s Obligations
Appzoola agrees to undertake the following obligations:
7.1) provide all information necessary to allow the Affiliate to make necessary the Link from the appzoola.com website to the Affiliate’s site,
7.2) process all orders for Appzoola products or services placed by a referral following the Link,
7.3) track the number and amount of relevant sales generated through the Link,
7.4) provide information to you regarding commission payments,
7.5) credit card authorisations, payment processing, cancellations, returns, and all other related customer service for Appzoola for the purpose of our business, and
7.6) establishing the commission balance threshold, payment frequency and payouts of earned commissions as contained in Section 6 of this Agreement.
8. The Affiliate’s Obligations
The Affiliate agrees to be solely responsible for the following and shall keep Appzoola fully indemnified in respect of:
8.1) the content of the Affiliate’s site or any site that they may be connected to,
8.2) any misrepresentation of Appzoola or its products or services,
8.3) making of any false claims, representations or warranties in connection with Appzoola,
8.3) ensuring that your site and your products and services that you offer from your site comply with all applicable copyright, trademark, any intellectual property right, Data Protection, anti-spam or any other applicable law,
8.4) obtaining permission to use another party’s copyrighted or any other proprietary material,
8.5) the development, operation and maintenance of the Affiliate’s site and for all materials that appear on it. For the purposes of this Agreement this shall include but not be limited to, the technical operation of your site and all related equipment; the accuracy and propriety of materials posted on your site; and ensuring that materials posted on your Site do not violate or infringe upon the rights of any third party and are not libellous or otherwise unlawful or illegal. Appzoola hereby disclaim all liability for all such matters,
8.6) Affiliates also agree to indemnify and hold harmless Appzoola, its parent company, sister companies, subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, expenses, and costs insofar as such arise out of or are based on, or in any way connected with this Agreement.
8.7) complying with all applicable EU- and national laws and regulations in force from time to time this shall include, but not be limited to, the EU-directive 2002/58/EC, and
8.8) the payment of all tax and national insurance payable on any payments made to you by Appzoola.
9. Right to Name as a Reference Customer
9.1) Affiliates shall not create, publish, distribute, or permit any written or graphical material that makes reference to Appzoola other than those mentioned in this Agreement or otherwise provided by Appzoola, without the prior written consent of Appzoola.Appzoola reserves the right to refuse any request for consent under this Agreement.
10. The License
10.1) Appzoola grants to the Affiliate a non-exclusive, non-transferable, revocable right to access the appzoola.com site through the Link solely in accordance with the terms of this Agreement. This license shall be used solely in connection with the Link, and it will extend to the use of our logos, trade names, trademarks and similar identifying material relating to Appzoola and which Appzoola shall provide to the Affiliate, for the sole purpose of establishing the Link to appzoola.com so customers can purchase Appzoola products and services.
10.2) Affiliates cannot modify or change the Link or any other materials provided by Appzoola in any way.
10.3) Other than establishing the Link, the Affiliate shall not make any use of any of the licensed materials noted in the aforementioned paragraph provided by Appzoola without first obtaining the prior written consent of Appzoola. Affiliates shall not use the Licensed Materials in any manner that is inappropriate or that is in any way detrimental to the Appzoola brand or any other brands.
10.4) Appzoola reserves all of its rights in the materials provided and all of its other proprietary rights. Appzoola shall be entitled to revoke this license to use the Link or the materials at any time and at its sole discretion.
10.5) The licenses described in this Section shall expire upon the termination of this Agreement.
10.6) Any inappropriate use of the Link, text, banners or other advertisements not expressly approved of in writing or provided by Appzoola may be cause for immediate termination of this Agreement.
11. Terms of the agreement
11.1) The terms of this Agreement will begin upon your signup with the Programme and will end when your affiliate account is terminated.
12. Modification
112.1) Appzoola reserves the right to modify or otherwise change the terms of this Agreement at any time as it sees fit. Appzoola shall make such modifications by way of publishing revised terms on the Site. Affiliates only remedy in the event of revised terms of this Agreement being published shall be to terminate this Agreement. An Affiliate shall be deemed to have accepted of any modification to this Agreement as published from time to time.
13. Limitation of Liability
13.1) Appzoola shall not be liable to the Affiliate or to any other person, for indirect, incidental, or special damages, lost profits, loss of goodwill, lost savings, or any other form of consequential damages, regardless of the form of action, even if Appzoola has been advised of the possibility of such damages, whether resulting from breach of its obligations under this Agreement or otherwise.
13.2) Appzoola’s entire liability in respect of any liability arising under this agreement will not exceed the total commission fees paid or payable to the Affiliate under this Agreement.
13.3) Appzoola makes no warranties, either express or implied, concerning the performance or functionality of the Appzoola services, or the Programme as a whole. This includes but is not limited to the Link or any other affiliate advertisements and hereby expressly disclaims all implied warranties, including warranties of merchantability or fitness for a particular use or purpose.
13.4) Appzoola shall under no circumstances be liable to the Affiliate or to any other person or entity for any loss, injury, or damage, of whatever kind, resulting from or arising out of any mistakes, errors, omissions, delays, or interruptions in the receipt, transmission, or storage of any messages or information arising out of or in connection with the Programme or Appzoola.
14. Governing Law
14.1) This Agreement is governed by, and is construed in accordance with the laws of Australia.
14.2) The Courts of Australia shall have jurisdiction to hear any disputes arising from this Agreement.
14.3) Appzoola shall not be liable for the legality of Appzoola service in countries other than Australia.
14.4) Affiliates are solely responsible for the legality of the use of the service if the Affiliate in question is registered to Appzoola service from a country other than Australia or if the Affiliate’s website is on a server in a country other than Australia.
15. Acceptance
