This Affiliate Program Agreement (the "Agreement") is entered into by and between EREDE Australia ("Company") and [Affiliate's Legal Entity Name] ("Affiliate"). The Company is incorporated in Australia. This Agreement outlines the terms and conditions of the Affiliate Program established by EREDE Officials.
Effective Date: October 22nd 2023
1. Program Participation
1.1. Acceptance: By participating in The Affiliate Program, Affiliate agrees to be bound by this Agreement. If Affiliate does not agree with any terms, Affiliate may not participate in the Program.
2. Program Structure
2.1. Commissions: Affiliate shall earn commissions on Net Sales (defined only as sales revenue minus taxes, shipping, and returns) referred by Affiliate, as determined by The Company's standard commission rates. Referred by Affiliate means that sales are a direct result of the Affiliate's promotion of the brand through instagram, tik tok or facebook.
2.2. Commissions Payment: The Company will pay Affiliate commissions in accordance with the payment schedule and method specified in the Program terms.
2.3. Tracking: The Company will provide Affiliate with tracking links and reporting tools to monitor Affiliate's referrals. The company will use best efforts to provide accurate tracking of sales and determining Commissions.
2.4. Promotional Material: The Company will provide Affiliate with approved promotional Materials. ("Materials"). Affiliate agrees to use solely these Materials for promotion.
3. Promotion and Restrictions
3.1. Promotion: Affiliate will Promote the Company in a manner that reflects positively on the brand, for example all logos, brand colors, company descriptions and materials will all be provided by the Company. All Promotions shall comply with applicable laws and regulations "promotion".
3.2. Prohibited Activities: Affiliate shall not engage in any fraudulent or unethical practices, including but not limited to spamming, false advertising, or unauthorized use of copyrighted material. Affiliate shall not engage in any gross negligence and wilful misconduct as it pertains to this relationship and this Agreement.
3.3. The company does not allow PPC (Pay-Per-Click) bidding on this term by Affiliates.
4. Termination
4.1. Termination by Either Party: Either party may terminate this Agreement at any time, with or without cause, by providing prior written notice to the other party.
4.2. Termination by the Company: the Company reserves the right to terminate this Agreement and withhold commissions if Affiliate breaches any term of this Agreement. ("Termination").
5. Confidentiality
5.1. Confidential Information: Affiliate shall maintain the confidentiality of any proprietary or confidential information received from the Company during the term of this Agreement.
6. Limitation of Liability
6.1. The Company shall not be liable for any indirect, special, or consequential damages arising out of or in connection with this Agreement.
7. Governing Law and Jurisdiction
7.1. This Agreement will be governed by and construed in accordance with the laws of New York State. Any disputes shall be resolved within the jurisdiction of New York State.
8. Entire Agreement
8.1. This Agreement constitutes the entire agreement between the parties, superseding all previous agreements and understandings.
By participating in this Agreement, Affiliate agrees to the terms and conditions of this Agreement.
