AFFILIATE PROGRAM AGREEMENT
Thank you for your interest in promoting and recommending Krissy Ballinger’s products to your friends, family and clients as a member of her Affiliate Program (the “Program”).
About Krissy Ballinger
Krissyballinger.com.au is owned by Krissy Ballinger.
Krissy’s main focus is to give people the foundations for natural DIY – cleaning and body care.
Krissy educates and informs her clientele through DIY recipes & ideas, books, paid and free courses, all in the aid of a toxic-free life.
This Affiliate Program Agreement (the “Agreement”) is legally binding and sets out the terms of the affiliate relationship between You (the “Affiliate Member”) and Krissy Ballinger ABN 65985609322 (the ‘Program Owner”) for the benefit of both parties. Your participation as an Affiliate Member under this Agreement is solely to legally advertise our products to receive a commission on products purchased by individuals referred to krissyballinger.com.au via your own website or personal referrals.
Please read the whole Agreement carefully.
This Agreement becomes a legally binding contract between you and Krissy Ballinger when you submit your details to request an Affiliate Account with Krissy Ballinger, to provide you with a unique affiliate link to use when you refer potential customers to krissyballinger.com.au.
TERMS AND CONDITIONS
1. Enrolment as Affiliate
1.2 Enrolment in our Affiliate Program is via an application on https://krissyballinger.com.au/affiliate-area/
1.3 You will be required to provide your name, contact details and PayPal account details.
1.4 Each application for an Affiliate account is subject to approval by the Program Owner.
1.5 The Program Owner reserves the right to refuse your enrolment application where it is apparent to the Program Owner that you or your clients would not benefit from this affiliate relationship, if there is a lack of shared business values or if there is a risk to Krissy Ballinger’s professional reputation.
2. Commission Payments
2.1 All products sold on krissyballinger.com.au are included in our Affiliate Program including books, online courses, plus any future products added to our online store.
2.2 As an Affiliate Member, you will receive a payment of 10% of each order placed using your unique affiliate URL (link) calculated on the 10th of each month.
2.3 The commission is calculated solely on the upfront payment amount charged at the point of sale.
2.4 In order to generate a commission, the referred customer must:
a) use your unique and properly coded affiliate link to complete a purchase via our website.
b) not request a refund of their purchase. (Orders that are refunded for any reason whatsoever do not attract a commission payment.).
2.5 It is your responsibility to ensure that the correct link is provided to your customers and referral.
2.6 Affiliate Members are required to maintain a PayPal account to receive commission payments.
2.7 Commissions are paid via EFT to the PayPal account that you specify upon registration as an Affiliate Member between the 10th and 15th of each month.
2.8 It is your responsibility to notify Krissy Ballinger of any changes to your contact details, email address or PayPal account.
2.9 Krissy Ballinger will provide a Statement of Payment to you via email at the time of payment.
2.10 All payment and all references to payments or money in this Agreement are in Australian dollars.
2.11 Krissy Ballinger may change this commission rate at any time, including increasing the commission percentage temporarily for promotional periods, from time to time.
2.12 All prices of products included in the Affiliate Program include GST.
2.13 You are responsible for meeting all of your tax obligations in respect of your affiliate income, including paying GST out of your commission if you are registered to do so.
2.14 Your 10% commission will be calculated on the base product price including GST.
2.15 All payments to Affiliate Members for sales the previous 30 days are released during the 10th-15th of each month.
30 Day cookie attachment to an affiliate link
2.16 A 30 day cookie period applies to your link. This means that when someone clicks on your link, their IP address is attached to your link for a 30 day period.
2.17 Any purchases made from krissyballinger.com.au within the 30 pay period will attach to your affiliate link for the commission payment calculated at 10% of the point of sale payment by the customer.
2.18 Krissy Ballinger may change this commission rate at any time, including increasing the commission percentage temporarily for promotional periods, from time to time.
2.19 At the conclusion of any promotional period, the rate will return to the regular commission percentage under this Agreement.
3. Australian Consumer Law
3.1 Krissy Ballinger’s products are offered in compliance with Australian Consumer Law.
3.2 Each product includes a Terms of Sale document which sets out the applicable refund policies for that product.
3.3 If a customer has any problems, difficulties or complaints, this is entirely the responsibility of Krissy Ballinger and your commission will not be impacted.
4. Order delivery and fulfilment
4.1 Krissy Ballinger is solely responsible for the physical and digital delivery of purchases from krissyballinger.com.au.
4.2 Digital delivery of digital products such as eBooks (via download) is triggered immediately upon payment by the customer.
4.3 Physical products are shipped to the customer in accordance with the Shipping Policy contained in the Terms of Sale.
5. Your obligations as an affiliate
5.1 As an Affiliate Member of Krissy Ballinger’s Affiliate Program you agree to the following:
a) You may not supply Krissy Ballinger’s products to your customers by any other means other than by your customised affiliate link.
b) You are not authorised to collect payments from the sale of Krissy Ballinger’s products yourself.
c) You are not authorised to sell Krissy Ballinger’s products as a reseller through any other means other than using your customised affiliate link.
d) You are not authorised to give away any Krissy Ballinger’s products for any reason.
e) You may not offer rebates, coupons, or other forms of promised kick-backs from your affiliate commission as an incentive.
f) You will maintain the confidentiality of all correspondence between you and Krissy Ballinger and keep all buyers details confidential.
5.2 Any breach of this term (a-f) will result in immediate termination of your affiliate relationship with Krissy Ballinger, and Krissy Ballinger reserves the right to take appropriate legal action.
6.1 Upon acceptance into the Affiliate Program, links will be made available to you through the affiliate back-office.
6.2 You may use both graphic and text links on your website and within in your email messages.
6.3 You may also advertise Krissy Ballinger’s site in online and offline classified ads, magazines, and newspapers.
6.4 You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the Affiliate Program Terms and Conditions.
6.5 You will only use linking code obtained from the affiliate interface without manipulation.
6.6 All domains that use your affiliate link must be listed in your affiliate profile.
6.7 Your website will not in any way copy, resemble, or mirror the look and feel of Krissy Ballinger’s website and you must not use any of our trademarks other than as expressly provided for in these terms.
6.8 You will not use any means to create the impression or confuse consumers that your website is Krissy Ballinger’s website or any part of our website including, without limitation, the framing of our website in any manner.
6.9 You may not engage in cookie stuffing or include pop-ups, false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring URL information (i.e. the page from where the click is originating).
6.10 You may not use redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain.
6.11 If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided and your membership to the Affiliate Program will be terminated.
Special Codes and Coupons
6.12 Krissy Ballinger may occasionally offer a special code or coupon to select Affiliate Members and to our newsletter subscribers.
6.13 If you are not assigned a branded coupon or haven’t received prior approval, then you’re not permitted to promote the coupon.
6.14 Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal, coupon or code:
6.14.1 Affiliate Members may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorised deals to the specific affiliate.
6.14.2 Affiliates Members may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific saving by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to our website.
6.14.3 Users must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).
6.14.4 Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliate Members with such text on the merchant landing page will lose their membership in the Affiliate Program.
7. Customer Service
7.1 All customers who purchase products from krissyballinger.com.au using your affiliate link become a customer of Krissy Balllinger’s and are therefore subject to the terms and conditions of working with or purchasing products from Krissy Ballinger.
7.2 There is no customer responsibility relationship between you and the purchaser in relation to the products.
7.3 The affiliate commission is a fee paid to you for your recommendation and introduction of Krissy Ballinger’s products resulting in a customer purchasing from Krissy Ballinger.
7.4 This fee in no way alters either Party’s autonomy to meet their respective obligations of customer service through their individual businesses.
7.5 Krissy Ballinger may change terms and conditions, business processes, available products and services or prices at any time. You will be notified where any such change is likely to affect our current affiliate agreement.
8. Unacceptable Behaviour
8.1 Krissy Ballinger has a professional responsibility to maintain a good standing in both the local and online community and therefore cannot be affiliated with any person who is found to be conducting themselves in a manner that is personally and socially offensive, or seen to be advocating violence, discrimination of any kind, or engaging in illegal activity.
8.2 You agree that while this affiliate relationship is a means for you to benefit your customers in enabling them to access quality products, engaging in spam email or other forms of internet abuse including spamming forums, blogs, Twitter, Facebook, or other social media as a means to market, advertise or solicit sales is strictly prohibited and will result in the termination of this Agreement.
8.3 Spam means;
a) Emails and email campaigns to people with whom you do not have an existing commercial or personal relationship.
b) Emails and email campaigns to people who have not consented to receive marketing information and material from you through a properly compliant opt-in subscription.
c) Posting irrelevant and off-topic message posts in Facebook groups without consideration to the group rules or theme days.
d) Cold private messaging people with the intention to sell the products the subject of this Agreement.
e) Posts and comments on all social media, emails, and personal calls and letters that include unsolicited attempts to sell to the recipient.
8.4 You may not use your affiliate link to gain commission on your own purchases of Krissy Ballinger’s products or services.
8.5 However, if you wish to purchase any of Krissy Ballinger’s products or services for your own use, please email email@example.com
9.1 This agreement does not create any partnership, joint venture, agency, franchise, sales representative or employment relationship between you and Krissy Ballinger.
9.2 Both parties are independent contractors in this affiliate relationship.
9.3 You understand and agree
a) You have no authority to make or accept any offers or representations on behalf of Krissy Ballinger.
b) You must not make any statement, whether on your website or in any other form, that would reasonably lead customers or members of the public to believe that you do have this authority.
10. Intellectual Property
10.1 Krissy Ballinger will provide you with images and copy and other design resources in order to facilitate your activities as an affiliate of Krissy Ballinger
10.2 You understand and agree
a) These images and copy and any other design resources remain the property of Krissy Ballingert and
b) Your right to use this intellectual property is limited to the term of this Agreement and for the purposes set out in this Agreement.
c) Your right to use them is non-exclusive; and
d) These images and copy and any other design resources are non-transferable and may not share them with another party for any reason.
e) These images and copy and any other design resources are provided to you royalty-free for the term of this Agreement and for the purpose set out in this Agreement only.
10.3 You acknowledge that Krissy Ballinger is the sole owner of the copyright in the products that are being sold under this Agreement and that you have had no part in their creation.
10.4 You give Krissy Ballinger permission to display your name, logo and photograph for promotional purposes as required and to acknowledge you as an affiliate during the term of this Agreement.
11. Term and Termination
11.1 This Agreement begins when you are issued with your affiliate link and will end when it is terminated by either Party.
11.2 Either party may terminate this agreement at any time, by giving written notice to the other for any reason. Disclosure of reason is appreciated but not necessary.
11.3 On termination of this Agreement, all licenses to use Krissy Ballinger’s intellectual property and branding immediately cease.
11.4 You must remove any element of Krissy Ballinger’s branding from your website, or anywhere else that it is displayed within 7 days of termination.
11.5 A final commission payment (if applicable) will be made between the 10th and 15th of the month following notification of termination.
12. Limitation of Liability
12.1 Krissy Ballinger is not liable for any damage or financial loss of any kind arising in connection with this Agreement or your role as an Affiliate Member, even if Krissy Ballinger had the knowledge or should reasonably have suspected that this damage or loss may occur.
12.2 In any event, Krissy Ballinger’s entire liability arising in respect of this Agreement or affiliate relationship will not exceed the total commission paid or payable to you under this agreement.
12.3 Your liability towards Krissy Ballinger is subject to the same limitations.
12.4 In undertaking your role as an Affiliate Member, you understand and agree;
a) There is no guarantee that you will earn any income from this relationship.
b) Krissy Ballinger has no control over or responsibility for WordPress Affiliates plugin used to manage the Affiliate Program.
c) Krissy Ballinger cannot guarantee that the operation of the website or the affiliate links provided to you will be uninterrupted or error-free.
d) If there is a failure of service through krissyballinger.com.au, every effort will be made to correct or mitigate the issues arising, however, Krissy Ballinger cannot be held responsible for any consequences that result from interruptions or errors in the service of these third parties.
13. Dispute Resolution
13.1 The services of Krissy Ballinger are located in Western Australia and this Agreement is subject to the governing law of Western Australia.
13.2 If you have any issue or complaint arising out of this Affiliate Agreement, all parties agree to make a genuine effort to resolve any issues through discussion and negotiation.
13.3 If we are unable to resolve a dispute by negotiation and discussion within 14 days, we agree to proceed to mediation with the assistance of an accredited mediator and we agree to share the costs of mediation equally.
13.4 If we cannot agree on a mediator, we will request a mediator to be appointed by the Law Society of Western Australia.
13.5 Litigation is to be considered as a last resort and may not be commenced until, in the opinion of the appointed and accredited mediator, the potential for negotiation and mediation have been exhausted.
13.6 Both Parties agree that any dispute or issues will be confidential between the Parties and the Mediator and both Parties will refrain from discussing any dispute or related issues or referring to each other in a disrespectful manner on any social media or public forum. This is to protect both parties’ professional reputation and relationship.
14. Other Matters
14.1 If any part of this agreement cannot be enforced for any reason, that part of the agreement is severed and will not affect the rest of the agreement.
14.2 This document represents the whole agreement between you and Krissy Ballinger and replaces any earlier agreements, undertakings or conversations.
Modification of Agreement
14.3 Krissy Ballinger may modify this agreement or any of its terms at any time and will notify you of any such modifications by providing you with a new copy of this agreement.
14.4 If you do not agree with any of the modifications, you are invited to discuss your concerns or terminate the affiliate relationship in accordance with the terms of this agreement, if you feel your concerns have not been resolved to your satisfaction.
14.5 Failure to provide written notice of termination in accordance with this Agreement resulting in your continued participation as an Affiliate Member of Krissy Ballinger’s Affiliate Program will be considered evidence of your acceptance of the modified terms.
By proceeding with your application to be an Affiliate Member of Krissy Ballinger’s Affiliate Program you are deemed to have read and accepted this Affiliate Agreement and agree to be bound by the terms and conditions contained within it.