Inu8 Affiliate Programme (Programme) Terms and Conditions (Terms) 

These Terms together with the Brand Guidelines provided to You by Inu8 (the Company) shall contain the complete terms and conditions that apply to You as an Affiliate of the Company under the Programme. 

Please note that throughout these Terms, “We,” “Us,” and “Our” refer to the Company , and “You,” “Your,” and “Yours” refer to the Affiliate.

'Commission’ are the fees paid in accordance with these Terms for successful sales using Your unique Affiliate code.

'Products' means Our Inu8 Products only (excluding bundles) available on our website and any other Products as specified from time to time which We agree form part of this Programme.

SECTION 1 – Affiliate Application 
 
Application requires the prospective Affiliate to complete and submit the online Affiliate application which shall be approved or rejected at the sole discretion of the Company. For consideration the details provided must include Your full legal name or name of the entity acting as Affiliate for the Company, registered address, valid email address and contact information, and any other information requested on the application.

SECTION 2 – Affiliate appointment

Upon approval of Your application by the Company in writing, You agree to promote the Company Products in accordance with the Brand Guidelines and these Terms as amended from time to time by the Company. You will be required to complete an on-boarding form which shall include providing Your nominated account details for payment of Commission.

We agree to pay You a 15% commission on sales (Commission) as defined and calculated in accordance with Section 3 below.

SECTION 3 - Affiliate Commission

We will provide You with a unique Affiliate code which must be used by customers referred by You to purchase Our Products from Our website for You to receive the right to any Commission.

We are not required to pay any Commission for purchases that are made without using Your unique Affiliate code and We do not pay Commission for any Products purchased outside of Our website unless otherwise agreed in writing.

The Commission will only be paid:

  1. on Products as defined above; 
  2. on third party purchases to customers that are not for Your personal use, in Your personal name or to parties, businesses or companies related to You in any way.
  3. once We have received the full payment price; and
  4. on Products that are not returned or refunded by the customer.

Any purchase made using the Try by Mirra scheme (available in Australia only) may still accrue a Commission however the Commission shall be net of any fees incurred by using the service and shall only accrue once all Products have been paid for in full.

The value on which the Commission shall be calculated shall be net of GST or other taxes, any discounts, fees and/or freight charges.

SECTION 4 – Reporting and Commission payment

The Company shall provide a report, quarterly, within 14 days of quarter end if there are sales recorded against Your unique Affiliate code. If no sales are recorded no report will be provided. The report will be emailed to the email provided on the Affiliate on-boarding form.

The report will provide number of sales and total value accrued and shall specify Commission payable to You.  We will not disclose customers personal information in this report.

SECTION 5 - Warranties

You represent and warrant that You will comply with any reasonable directions We give to You about the placement of banners, the marketing techniques, presentation, pricing and other specific marketing requirements for sale and promotion of Our Products to include without limitation compliance with Our Brand Guidelines.

You agree 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 the Company. You agree that at no time shall You speak on behalf of the Company or hold yourself out as employed by or representing the Company.

You further agree and warrant: 

  1. to use Our Program in a manner that is ethical and in conformity with community standards to include without limitation nature of speech, visual imagery and comments.

  2. to respect the privacy of customers, Our personnel and other affiliates.

  3. to respect the legal protection provided by copyright law, trade secret law or other laws protecting intellectual property; and

  4. to accept commercial emails from Us. 

SECTION 6 - Notification of changes

We reserve the right to change any Terms of this Program, including the Commission, at any time. We agree to notify You of any changes in a timely manner and agree that You may elect to withdraw from the Program.

You can review the most current version of these Terms at any time at this page.

Your continued use of Your Affiliate code and access to Our website, assets and/ or the Programme following any changes to these Terms constitutes acceptance of those changes.

You agree to provide Us with such other information relating to Your use of this service as We deem necessary. You agree to immediately notify Us if Your address, email address, telephone number or billing information changes.

SECTION 7 - Spam and unsolicited emails

You agree and warrant that 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 have zero tolerance toward anyone who spams any party, business or individual. If You are caught or reported to be spamming, You will be removed from Our Program and Your Commissions or pending Commissions will be forfeited.

SECTION 8 - 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 advertisements or statements relating to the use, purchase or otherwise of Our products by any third party.

SECTION 9 - Relationship and indemnity

Nothing and no party of this Affiliate 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 this agreement. You have no authority to bind the Company in any manner to any third party apart from the terms of this agreement.

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 Company including but not limited to any false, misleading, incorrect, inaccurate or otherwise actionable statements or claims.

SECTION 10 - Intellectual property ownership

The Company, at all times, retains full and all rights, ownership and interest in all copyright, trademark and intellectual property in all products, logos, trademarks or other registered property and any related materials. Nothing in these 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 Terms.

SECTION 11 - Termination

The Company shall be entitled to terminate this agreement with any Affiliate at Our sole discretion without notice for any reason. This arrangement will be terminated once all payments have been made in accordance with these Terms.

SECTION 12 - Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 13 – Entire Agreement

The failure of Us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 14 – Governing Law

These Terms and any separate agreements whereby We provide the Program shall be governed by and construed in accordance with the laws of New South Wales, Australia.

SECTION 15 – Contact Information

Questions about the Terms or the Programme should be sent to Us at support@inu8.com.au