This Affiliate Program Agreement is made and entered into as of the date of grant set forth below.
BETWEEN: DO WORK LIMITED trading as NZISD (the “Owner”)
AND: AFFILIATE APPLICANT (the ” Recipient”)
“Affiliate” means an individual or business generating their own traffic and thus rewarded for legitimate sales, leads, clicks, or other measurable action. By clicking “I Agree” You indicate that You have read and understood this Agreement and You will be bound by its terms.
AFFILIATE RESPONSIBILITIES:
- It is understood that you will introduce Company products to your current and prospective customers and will comply with all laws as well those that govern email marketing and anti-spam laws. It is the responsibility of the affiliate to help customers set up their purchased product and guide them accordingly.
- The company reserves the right to accept or reject any prospective customers and will pay you a commission per customer referred using your affiliate code according to the designated payment schedule. Customers are the Property of the Owner and are not to be coerced to cancel or forfeit any service.
SERVICE:
- The Affiliate is allowed to place links on his website to websites that have an Affiliate Program at https://www.nzisd.co.nz.
- Any Affiliate Program may be amended or terminated at any time. Information about the Affiliate Programs will be available on the Company website.
- The Affiliate must keep himself informed of any amendments of Affiliate Programs, in particular, if a registered website has terminated its Affiliate Program or changed the conditions for remuneration to Affiliates.
- The Affiliate must comply with the requirements of the Affiliate Program including, in particular, any stipulations as to the nature and content of the Affiliate’s website and the use of our Affiliate’s trademarks and logos. The owner will provide content and ads for advertising for Affiliate in their User Dashboard. Only these materials may be used by the Affiliate.
When posting to social media:
- Each post must contain @nzisd or #nzisd.
- Each post must contain #ad in a clear and conspicuous location before the text of the description and in all events before the “More” button.
- Each Instagram post must use Instagram’s “Paid Partnership” tool.
- Each YouTube post must contain the word “Ad,” “Advertisement,” “Promotion,” or “Paid Partnership” within the video itself in a font size that is clearly recognizable to the viewer and which appears persistently throughout the length of the video in the top right-hand portion of the video.
If Affiliate is advertising on other forms of written social media (e.g., Facebook, Twitter), Affiliate must comply with the above disclosure restrictions. Affiliates must also comply with all rules of social media users.
TERMS OF THE AGREEMENT:
- The term of this Agreement will begin upon our acceptance into the Affiliate Program by the Owner.
- We may withhold Your final payment of Commission Fees for a reasonable time to ensure that all Qualified Purchases are valid and payments from Referred Customers are legitimate as determined by Company in its sole discretion.
- Any Affiliate who violates either this Agreement or Company’s Terms and Conditions will immediately forfeit any right to any and all accrued Commissions Fees and will be removed from the Company Affiliate Program.
- Without limitation, Affiliate’s participation in the Program, and this Agreement, shall be deemed automatically terminated immediately and all commissions forfeited upon Affiliate’s violation of any of the terms of this Agreement or of any applicable law or regulation having the force of law.
CONFIDENTIALITY:
- Only duly-authorized Company officers, employees, and agents will have access to information furnished or obtained in connection with the Affiliate Program; that they will maintain and protect the confidentiality of such information to the greatest extent possible; and that they will share such information only to the extent necessary to make employment decisions and to respond to inquiries or notices from government entities.
INDEMNIFICATION:
- You hereby agree to indemnify and hold harmless Us and Our 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, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on:
- Any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary rights of any third party.
- Any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein.
- Any claim related to your site, including, without limitation, its development, operation, maintenance, and content therein not attributable to us.
ENROLLMENT IN THE AFFILIATE PROGRAM:
- To begin the enrollment process, you will submit an email to the Company requesting membership.
- We will evaluate your request and notify you of your acceptance or rejection.
- We may reject your request for any reason at our sole discretion.
- We generally reject requests related to websites that: promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promote illegal activities or are intended to harass or defame anyone; or
- Otherwise violate our intellectual property rights or the intellectual property rights of others.
- If we reject your request, you are welcome to reapply to the Program at any time.
- If we accept your request, we reserve the right to terminate your participation in the Program for any reason at our sole discretion immediately without prior notice.
- If no sale is made by the Recipient, this will result in the cancellation of the service.
MODIFICATION:
- We may modify any of the terms and conditions in this Agreement at any time at our sole discretion.
- In such an event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Company Affiliate Program rules.
- If any modification is unacceptable to you, your only option is to end this Agreement.
- Your continued participation in the Company Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
AFFILIATE PAYMENT:
- Affiliates will receive Your Promo Code and Unique Link, which You will use to advertise the Owner’s products or services. Affiliates will receive $100 (NZD) on each referral initially; however, it may increase with hitting higher target numbers. Please refer to Affiliate Program terms on the website for further details and updates.
- You understand that the Payout amount may be changed at any time.
- You are responsible for determining if the Payout for an affiliate link you have placed on your site has changed or been discontinued.
- Payments are made by submitting a request from Your Affiliate Dashboard. Payment will be rendered through PayPal within 5 working days after the request is submitted. PayPal fees will be deducted from the Affiliate’s Commission.
CONFIDENTIALITY:
- All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement, will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without the express written permission of the disclosing party.
INDEPENDENT CONTRACTOR:
- Affiliate is an independent contractor and nothing in this Agreement will be construed as establishing an employment or agency relationship between Owner and Affiliate. Affiliate has no authority to bind Owner by contract or otherwise. Owner shall not provide any insurance (including, but not limited to, medical, dental, disability, liability, property, worker’s compensation or unemployment insurance) or benefits (including, but not limited to, overtime payments, pensions, vacation time, or profit-sharing) for Affiliate. Owner shall not be responsible for paying any taxes or contributions on behalf of Owner and Affiliate warrants that Affiliate will fulfill all applicable obligations regarding such taxes and funds.
SEVERABILITY:
- 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.
APPLICABLE LAW:
- You may not assign this Agreement, by operation of law or otherwise, without our prior written consent.
- Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
- Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement.
TERMINATION OF AGREEMENT:
- Either you or Company may terminate the Affiliate relationship at any time.
- You are only eligible to earn Affiliate payments during your time as an approved Affiliate.
- Companies may change the program or service policies and operating procedures at any time.
If you have any questions, please direct all correspondence to affiliates@nzisd.co.nz.