Affiliate Terms of Use

This Affiliate Service Agreement (the “Agreement”) is made by and between Nicole Weeks, founder of Practical Research Parenting, hereafter referred to as PRP and You, as an Affiliate.

You must agree to abide by the terms and conditions contained in this Agreement in order to participate. Please read this Agreement carefully before registering and acting as an Affiliate. By signing up as an affiliate of Practical Research Parenting, you indicate your acceptance of this Agreement and its terms and conditions.

As a registered psychologist, it is important to me that my products are marketed responsibly. This means abiding by the following principles in all circumstances:

  1. Customers are given informed choice, in that they have enough information before the sale, to accurately decide whether the product is suitable for them.
  2. Customers are not given false, or misleading information.
  3. Indiscriminate use of products are not encouraged. I.e. customers are only encouraged to buy products that fit their needs.
  4. Any discount offers are always accompanied by their terms and conditions.

I trust you to uphold these principles through your marketing. Please read on for specific conditions.
The following agreement is summarised as follows:

AGREEMENT SUMMARY

Privacy PRP respects your privacy and will not disclose personal information to third parties without express permission.
Link Placement You must disclose your affiliate arrangement to Visitors

Any page that contains PRP links, banners, or code must be written in English

Inappropriate sites, links, promotions or banners are not permitted. This includes but is not limited to adult sites, hate sites and racist sites.

Links may not be placed in newsgroups, unsolicited e-mail, ICQ, banner networks, counters, chatrooms or guestbooks. Any Link placed must be done in such a way that it is not misleading to any Visitor and done with the intention of alerting the Visitor to a PRP product that you genuinely think would help them.

SPAM Any evidence of SPAMing will lead to immediate termination of the Affiliation
Email Use Do not send email to lists or groups that you do not have permission to send to.

PRP reserves the right to send e-mail to You for the purposes of informing you of applicable changes or additions to the Service or any PRP products and services.

Accepted Use You represent to PRP that all content You provide to PRP is solely owned by You or provided by You with the express authority of the company You represent, does not infringe upon any other individual’s or organization’s rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable.
Ownership and Licences All intellectual property rights, including trademarks, copyrights, patent rights or applications, tradenames and service marks related to PRP shall remain PRP’s sole property, including rights in and any derivatives thereof.
Registration To sign up as an Affiliate of PRP you must be at least 18 (eighteen) years of age, and supply a valid tax-id, which may be your social security number for individuals, or a federal tax-id for corporations or entities.
Payment You will receive a Sale Commission for sending PRP authorized sales via Your Links.

You may only have one Affiliate account.

Payments are made in the first week of each month when Your account balance reaches $10 or more for the previous months’ transactions.

Affiliates with addresses outside of Australia will be paid via PayPal

Changes PRP reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Affiliate Program at any time.

In the event of any material change, PRP will notify You via e-mail at least 7 days prior to any such changes taking effect, at which time You may either agree to such changes or withdraw from the Affiliate Program.

Warranty PRP does not accept liability for any warranties, express or implied.
Force Majeure Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
Liability You agree to hold harmless PRP and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable legal fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.

 

DEFINITIONS

Affiliate means an individual or business generating their own traffic and thus rewarded for legitimate sales.
Link means a hyperlink placed on an Affiliate’s site that, when clicked on, sends a Visitor through to PRP’s website. Links take many forms including text, a product image, buttons, banners, videos or any other format acceptable to PRP.
Sale Commission means the Commission that PRP sets and agrees to pay for the sale of a product or service resulting from a Visitor being referred to PRP’s Website. The sale could occur at the time of the visit or at a later time not to exceed 30 days. If a sale occurs after 30 days and the Visitor has not returned through an authorized Affiliate’s site, then no Commission payout shall occur.
Visitor means any person, or user that clicks on a Link to PRP’s Web site placed on an Affiliate’s Web site.
VOID means a reversal of a Commission previously earned for a sale that is later rescinded or corrected by PRP. PRP may VOID transactions that are fraudulent, or in the case of duplicate transactions, or other valid reasons.

AGREED TERMS:

PRIVACY

PRP respects your privacy and will not disclose personal information to third parties without the express permission of You and Your company.

PRP acknowledges that in the course of this Agreement it shall have access to confidential and proprietary information (“Confidential Information”) of Your company. PRP agrees not to disclose or disseminate the Confidential Information without Your prior express written consent. The term “Confidential Information” shall not include information that is or becomes part of the public domain through no action or omission of PRP, that becomes available to PRP from third parties without knowledge by PRP of any breach of fiduciary duty, or that PRP had in its possession prior to the date of this Agreement. Any information we receive is used solely for tracking and Sale Commission payment purposes. PRP reserves the right to be able to utilize this data in aggregate to analyze PRP Affiliate trends, monitor efficiencies, and perform such other analysis as PRP deems appropriate.

If You have any questions please contact Nicole@practicalresearchparenting.com.

LINK PLACEMENT

As an Affiliate of the Service, you may place and remove PRP Links on Your site in acceptable locations. You may place our merchants banners anywhere on your site as you see fit, or within non-spam emails. Any page that contains PRP links, banners, or code must be written in English.

You must disclose your affiliate arrangement to Visitors on any page where you display the link, as close to the link as practical. For examples you might add an acknowledgement such as “Affiliate link – thank you”, or “This is an affiliate link, I receive a small commission for sales made via this link”.

Links may not be placed in newsgroups, unsolicited e-mail, ICQ, banner networks, counters, chatrooms or guestbooks. Any Link placed must be done in such a way that it is not misleading to any Visitor and done with the intention of alerting the Visitor to a PRP product that you genuinely think would help them.

NOT ALLOWED: All other uses of banners or links, such as newsgroups, chat rooms, ICQ, message boards, banner networks, hit farms, counters, or guestbooks etc. are NOT allowed.

NOT ALLOWED: Any placement of creative in a “Desktop” advertising scheme. This includes any and all 3rd party advertising platforms that use a desktop application to display ads in any form.

NOT ALLOWED: Any display of a merchant window that isn’t the result of a direct click by the end-user.

LEGITIMATE WEBSITES

The following types of website are prohibited from participation in the Affiliate scheme with PRP: adult sites, sites that display adult banners, sites that promote violence, bigotry, or hatred. Any site that displays inappropriate advertisements. Any site that promotes or condones illegal activity, including but not limited to warez, cracking and hacking sites.

PRP reserves the right to deem any site inappropriate and terminate the site as a member of the PRP Affiliate Program, effective immediately. PRP is under no obligation to disclose reasons for termination under this clause, but will contact the site via email to notify of the terminated affiliation.

EMAIL USAGE

You cannot SPAM. We will terminate your account on the first offense of SPAMMING. Do not send email to lists or groups that you do not have permission to send to. We cannot stress this enough, we WILL terminate your account on the first offense.

PRP reserves the right to send e-mail to You for the purposes of informing you of applicable changes or additions to the Service or any PRP products and services.

APPROPRIATE USE

You represent to PRP that all content You provide to PRP is solely owned by You or provided by You with the express authority of the company You represent, does not infringe upon any other individual’s or organization’s rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable. You shall not provide, promote, distribute, place or otherwise publish as an Affiliate of PRP any content, or Web site that includes content, which is libellous, defamatory, obscene, pornographic, abusive, fraudulent or violates any law. As PRP may not review all information provided by You, You shall remain solely responsible for Your content and Web site. As an Affiliate, You may not artificially inflate traffic counts to PRP’s site using any device, program, robot or other means, including but not limited to JavaScript pop-up windows and redirects.

If You are terminated from the Service, PRP has the right to withhold money You earned within the Service or money that You owe within the Service and You will not be allowed to re-join PRP.

OWNERSHIP AND LICENSING

You, the Affiliate, are granted a non-exclusive, limited, revocable right to use PRP provided trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of PRP, and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, tradenames and service marks related to the foregoing shall remain PRP’s sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to You in any way.

PRP may immediately terminate Your license to use the marks if PRP reasonably believes that such use dilutes, tarnishes or blurs the value of their marks. You acknowledge that Your use of the marks will not create in You, nor will You represent that You have, any right, title or interest in or to the marks other than the license granted by the Merchant above. You will not challenge the validity of or attempt to register any of the marks or Your interest therein as a licensee, nor will You adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge PRP’s ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of the Merchant.

REGISTRATION

To sign up as an Affiliate of PRP you must be at least 18 (eighteen) years of age.

As part of the registration process, You will select a username and password combination that You use to access Your Affiliate area within the PRP Affiliate Program. You shall provide PRP with accurate, complete and updated registration information. You may not select the name of another person with the intent to impersonate that person or deceive members or other users as to Your true identity. You agree that PRP may rely on any data, notice, instruction or request furnished to PRP by You which is reasonably believed by PRP to be genuine and to have been sent or presented by a person reasonably believed by PRP to be authorized to act on Your behalf. You shall notify PRP by e-mail at nicole@practicalresearchparenting.com of any known or suspected unauthorized uses of Your Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Your username and password. You shall be responsible for maintaining the confidentiality of Your username and password and You are responsible for all usage and activity on Your Account, including use of the account by a third party authorized by You to use Your Account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by PRP and referral to the appropriate law enforcement agencies.

Affiliate accounts that are left inactive will be removed from our system once their balance is paid. An abandoned affiliate account is defined as any account that has not been logged in to for a period of 12 months, nor have any transactions been posted to that account in that time.

PAYMENT CONDITIONS

You will receive a Sale Commission for sending PRP authorized sales via Your Links. In order to place Links, You must first be approved by PRP to become an Affiliate of the PRP affiliate program. You understand that the Sale Commission amount may be changed at any time. The current Sale Commission amount is available to view in the PRP Affiliate Member’s Area. You are responsible for determining if the Sale Commission for a Link You have placed on Your site has changed or been discontinued (but PRP will also send courtesy emails about such changes). You receive the Sale Commission from PRP. Payments are made in the first week of each month when Your account balance reaches $10 or more for the previous months’ transactions. Money credited to Your Account does not accrue interest. In the event of a VOID by PRP, PRP may recover from You the corresponding Sale Commission previously credited to Your Account. The VOID Sale Commission will be immediately deducted from Your Account balance. In the event that Your Account balance is less than the VOID Sale Commission, the VOID Sale Commission will be deducted against Your future earnings. You will NEVER be asked to send money to PRP. If you receive any such request please inform PRP at nicole@practicalresearchparenting.com without delay.

CHANGES TO AGREEMENT

PRP reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Affiliate Program at any time. In the event of any material change, PRP will notify You via e-mail at least 7 days prior to any such changes taking effect, the absence of any response will be accepted as agreement to the changed term. In the event of a complete suspension of the Affiliate Program, PRP will pay all outstanding Sale Commissions, and notify You via e-mail.

LIMITED WARRANTY

Normal Australian statutory provisions in relation to warranties apply.

PRP will make reasonable commercial efforts to keep its transaction service operational during normal business hours. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Affiliate understands and acknowledges that it is normal to have a certain amount of system downtime and agrees not to hold PRP liable for any of the consequences of such interruptions.

LIMITATION OF LIABILITY

PRP shall have no liability for unauthorized access to, or alteration, theft or destruction of any web site of Affiliate or Affiliate customer data files or systems or programs through accident or fraudulent means or devices. PRP will have no liability for damage caused as a result of Your placement of authorised Links from Your website, or for the accuracy or content of Your website under any circumstances. You agree to hold harmless PRP and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable legal fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.

ASSIGNABILITY

Affiliate or PRP may assign this Agreement to any successor or affiliate upon mutual agreement between both parties.

JURISDICTION

This Agreement shall be governed by NSW and Australian law. The exclusive forum for any actions brought in connection with this Agreement shall be in the state and federal courts in and for NSW and You consent to such jurisdiction.

MISCELLANEOUS

This Agreement represents the complete agreement concerning this Affiliation. The acceptance of any registration request placed by you is expressly made conditional on your assent to the terms set forth herein. If any provision of this Agreement is held to be unenforceable, the Agreement shall be reformed only to the extent necessary to make it enforceable.

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