Terms And Conditions Affiliate Program
These Terms and Conditions (the "Affiliate Agreement") govern the Affiliate Program that is made available by French Organic Cosmetics Pty Ltd as trustee for Worldaustralia Trade Trust, trading as Worldaustralia Trade, and will be referred to as “We”, “our”, “us” or “ZAO Makeup Australia” in this Terms and Conditions. These Terms and Conditions represent the whole agreement and understanding between ZAO Makeup Australia and the individual or entity who participates in the Affiliate Program (the "Affiliate", or "you").
Please read this agreement careful as it represents a legally binding agreement between you and ZAO Makeup Australia. By submitting your application and by your use of the Affiliate Program, you agree to comply with all of the terms and conditions set out in this Affiliate Agreement. ZAO Makeup Australia may terminate your Affiliate Account at any time, with or without notice, for conduct that is in breach of this Affiliate Agreement, for conduct that ZAO Makeup Australia believes is harmful to its business, or for conduct where the use of the Affiliate Program is harmful to any other party.
ZAO Makeup Australia will provide the Affiliate with specific Referral Links to link advertisements and other marketing content to ZAO Makeup Australia. ZAO Makeup Australia will track users who have visited these Referral Links using cookies which expire after 30 days. Only users who make a purchase while the cookie is active will be considered referrals of the Affiliate and recorded as such in the Affiliate Dashboard.
The Affiliate is not authorized to modify or alter the Referral Links or the cookies in any way. ZAO Makeup Australia is not responsible for any tracking or reporting errors that may result from any modifications to the Referral Link or the cookies.
AFFILIATE COMMISSION AND PAYOUTS
A referral will become eligible for payout ("Eligible Referral") at the end of the next calendar month if it meets all of these criteria:
- The referral's account remains active and in good standing.
- The referral's account has not had any of its payments refunded, charged back or otherwise reversed.
- The referral has used the Affiliate personal coupon for his order.
Failure to meet any of these criteria will permanently void the referral and disqualify the referral from any potential payouts.
The Affiliate is entitled to receive a 10% commission, excluding GST and Shipping, for each active Eligible Referral that is recorded in the Affiliate Dashboard ("Affiliate Commission"). Affiliate Commission will be payable within the first 10 days of the following month the purchase was made.
All Affiliate commission payments will be payable in Australian Dollars only, except as otherwise determined by ZAO Makeup Australia in its sole discretion. Payment will be made through PayPal against a valid invoice issued by the Affiliate using the template provided by ZAO Makeup Australia or any other invoice template if the affiliate has an ABN. The Affiliate is responsible for providing ZAO Makeup Australia with the full and accurate details that are required to remit the Affiliate Commission, and is solely responsible for any delays in payment resulting from its failure to do so.
Referrals will become void, and any unpaid Affiliate Commission will be forfeited, after 6 calendar months.
In the event of any activity deemed suspicious by ZAO Makeup Australia, ZAO Makeup Australia may delay the payment of Affiliate Commission by up to 6 calendar months to verify the relevant transactions. ZAO Makeup Australia reserves the right to recalculate, void, or disqualify any referrals or Affiliate Commission in the event of any fraudulent, deceptive or otherwise illegal activity.
Referrals for purchases made through ZAO Makeup Australia promotions, discounts or special offers are not eligible for payout.
ZAO Makeup Australia hereby grants the Affiliate a non-exclusive, non-transferable, limited license to use the ZAO Makeup Australia logos for the sole purpose of promoting our website within the context of the Affiliate Program. This license will expire upon termination of the Affiliate's participation in the Affiliate Program.
The Affiliate may only display advertisements that contain ZAO Makeup Australia's logos or wesbite marks in good taste. The Affiliate may not use ZAO Makeup Australia's logos or website marks in a manner that, in ZAO Makeup Australia's sole discretion, portrays ZAO Makeup Australia in negative light.
The Affiliate will be solely responsible for its own marketing activities. All marketing activities must be professional and in full compliance with all applicable laws.
ZAO Makeup Australia may, without prior notice, require the Affiliate to remove or modify any advertisements in ZAO Makeup Australia's sole discretion.
The Affiliate may terminate the Affiliate's participation in the Affiliate Program with immediate effect by giving the other party a written notice of termination.
ZAO Makeup Australia reserves the right to terminate the Affiliate's participation in the Affiliate Program at any time for conduct that is in material breach of this Affiliate Agreement or for conduct that ZAO Makeup Australia, in its sole discretion, deems to be harmful to its business or any third party.
Upon termination, the Affiliate will lose access to its Affiliate Dashboard and will forfeit all potential or unpaid Affiliate Commission.
RELATIONSHIP OF PARTIES
ZAO Makeup Australia and the Affiliate are independent contractors. Nothing in this Affiliate Agreement will create any partnership, employment, representative, agency, or joint venture relationship between the parties. The Affiliate has no authority to act on ZAO Makeup Australia's behalf.
LIMITATION OF LIABILITY
The Affiliate Program is provided on an "as is" and "as available" basis and the use of the Affiliate Program is at the Affiliate's own risk. ZAO Makeup Australia makes no representations or warranties, either expressed or implied, with respect to the Affiliate Program, or any service or information provided through the Affiliate Program.
ZAO Makeup Australia is not responsible for any damages, injury or economic loss arising from the use of Affiliate Program. Should any part of the Affiliate Program cause damage or inconvenience to the Affiliate or anyone claiming through the Affiliate, the Affiliate assumes responsibility and the entire cost for them.
The Affiliate will indemnify and hold harmless ZAO Makeup Australia, its directors, officers, employees, agents, subsidiaries, and third parties from and against any losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to the Affiliate's or any third party's operations or use of the Affiliate Program.
ZAO Makeup Australia may, in its sole discretion, change or modify this Affiliate Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Affiliates upon posting of th modified Affiliate Agreement to this web address: https://zaomakeupaustralia.com.au/pages/terms-and-conditions-affiliate-program . The Affiliate is responsible for reading this document from time to time to ensure that its use of the Affiliate Program remains in compliance with this Affiliate Agreement.
If any modification is unacceptable to the Affiliate, its sole recourse shall be to terminate this Affiliate Agreement. The Affiliate's continued participation in the Affiliate Program will constitute binding acceptance of such modifications.
The Affiliate warrants and represents that it is over the age of 18 and is qualified to enter into this Affiliate Agreement.
The Affiliate warrants and represents that its actions and its participation in the Affiliate Program is in compliance with all applicable laws, rules, regulations, and any requirements of governmental authority at all times. ZAO Makeup Australia reserves the right to terminate the Affiliate's participation in the Affiliate Program if ZAO Makeup Australia determines, in its sole discretion, that the Affiliate's actions or its participation in the Affiliate Program is in violation of any laws, rules, regulations, or any requirements of governmental authority.
This Affiliate Agreement constitutes the entire understanding between ZAO Makeup Australia and the Affiliate. This Affiliate Agreement supersedes any other contracts or understandings between the parties hereto and neither party shall be bound by any statements or representations that are not embodied in this Agreement.
Any dispute arising in relation to this Affiliate Agreement shall be exclusively resolved in the Courts of Victoria, Australia.