The Affiliate acknowledges that:
It has entered into this Agreement once it submits a completed affiliate application form
and it will abide by adultshop.com's terms and conditions.
Affiliates should provide their Australian Business Number (ABN), otherwise the Australian Tax
Office automatically withholds 48.5% from your commission payments. Some affiliates may be eligible
for exemption from this rule and if this applies to you, we request that you notify us to ensure that
your commission payment is not withheld. If you are unsure whether you need to provide your ABN, please
contact us or the Australian Tax Office for advice.
The Affiliate agrees to provide AdultShop.com with up to date and accurate account information about you and your organisation (such as contact information, banking details, website URL etc).
The Affiliate agrees that they will not use in their domain name, display URL, ad copy nor purchase or register in any search, referral or advertising service (such as the Google Adwords program or Yahoo's Overture Search Marketing), unless they have obtained prior explicit written permission from AdultShop.com Ltd., the following terms:
- Any AdultShop.com company trademarks including www.adultshop.com, www.adultshop.com.au , adultshop.com and adultshop.com.au.
- Variations or misspellings of any AdultShop.com company trademarks including but not limited to:
www.adultshop,com”, “adultshop.com.au”, “www.adult-shop.com”, “www.adult-shop.com.au”, “www,adultshop.com”, “www,adultshop.com.au”, “wwwadultshop.com”, “wwwadultshop.com.au”, “www.adultshop”, “adult.shop.com”, “adult.shop.com.au”, “ww.adultshop.com”, “ww.adultshop.com.au”
adultshop.com's Obligations
adultshop.com acknowledges that:
- On completion of the application form by the affiliate, adultshop.com will issue an
Affiliate ID with instructions on how to link to adultshop.com to ensure the
accurate tracking of commissions.
- adultshop.com will, to the best of its ability, ensure that the affiliate
tracking mechanism correctly identifies those purchases made by users who have
arrived at the adultshop.com Website via a hyperlink containing the Affiliate ID.
- adultshop.com will provide the Affiliate with a user name and password that
allows the Affiliate to access a management page from which the Affiliate can view
the current status of their account.
- adultshop.com will provide the Affiliate with a range of graphics that may be
used by the Affiliate for the purpose of creating links to adultshop.com
- adultshop.com retains responsibility for fulfilling any orders placed by a user
who has been identified as coming from the Affiliate's site.
Terms Of Trade
The amount of commission the Affiliate will receive for each sale is set out
in the Commission Schedule. adultshop.com does not guarantee that the
promotion of its goods by the Affiliate will lead to any sales.
Payment
- On the 15th of every month, adultshop.com will issue payments to Affiliates
based on their commission earned over the previous one-month period.
- The Preferred method of payment is a direct deposit via wire transfer.
Please be sure to complete your bank details is full. Should you wish to
receive payment via cheque, a processing fee of $20 will apply.
- adultshop.com may refuse to pay any amount that appears to be a fraudulent
transaction either in the invoice period or from any preceding invoice period.
- Where a customer is refunded the purchase price of the Merchandise and this
cost is charged back to adultshop.com, adultshop.com reserves the right to deduct the
amount of commission that has already been paid to the Affiliate for this sale from
the next commission period.
- adultshop.com reserves the right to not pay commission amounts of less
than $100. Commissions less than $100 shall accrue into the next commission period.
Warranty
The Affiliate warrants that:
- It will not modify the adultshop.com logo, the graphic image or text, in any way.
- It will not make any use of the images available on the Affiliate Promotion section
for any purpose other than to indicate a link to adultshop.com.
- It will not disclose its Affiliate ID and password to any third party.
- The Affiliate's website is not used for any purpose or activity of an illegal,
fraudulent or defamatory nature.
- It will not disclose any information relating to sales or commissions achieved
via the Affiliate Program without permission from adultshop.com.
- It will take all reasonable measures to ensure that minors are not directed to the
adultshop.com website. In the case of a non-adult affiliate website, the linking must
be to the adultshop.com warning page (http://shop.adultshop.com.au/warning.html).
Non-adult websites must not link to any other page on the website. If the affiliate
website is of an adult nature, it may link to any adultshop.com page provided that
the affiliate website's users have already been subject to an age verification
mechanism and the affiliate site can warrant that the users it is referring are adults.
- It will not make any commitments or representations on behalf of adultshop.com with
regard to any relationship entered with other third parties.
- It will not directly or indirectly offer incentive for any commission earning
activity for clicking on the adultshop.com coded link unless authorised by adultshop.com.
Provision Of Services
- adultshop.com does not warrant that the adultshop.com Website will
be fault free or available at all times.
- adultshop.com will use reasonable commercial endeavours to ensure
the uninterrupted operation of the adultshop.com Website.
Exclusion Of Liability
adultshop.com is not liable to the Affiliate or any other person for any cost,
loss or liability (including loss of profit or other consequential damage)
arising from the Affiliate's failure or delay in complying with its obligations
under this Agreement; and the content, context or confidentiality of the
communications made in relation to the adultshop.com Website. Where any
legislation implies any term or warranty that cannot be excluded, then that
implied term or warranty is deemed to be included in the Agreement.
Intellectual Property
It is expressly understood this Agreement shall not:
- Affect any intellectual property rights which reside in adultshop.com as
at the date of this Agreement or to any additional intellectual property rights
which may arise in respect of enhancements, modifications or alterations to
adultshop.com at any time thereafter. The Affiliate acknowledges adultshop.com's
title and interest in and to adultshop.com both as at the date of this Agreement
and thereafter and expressly agrees that it shall take no action or inaction which
in any way harms, threatens or jeopardizes adultshop.com's intellectual property
rights;
- Limit any future use or licence of adultshop.com and the underlying technology
by adultshop.com with any third party; and
- The provision by adultshop.com to the Affiliate of graphics is a limited licence
with respect to linking to the adultshop.com Website only.
Amendment
adultshop.com reserves the right to amend this Agreement at any time by
giving notice of the change by email. You may review any revised Terms and Conditions for
up to seven days after adultshop.com has sent notification. After the seven day period
all revised content will automatically take effect and become enforceable.
Termination
adultshop.com may terminate this Agreement immediately if:
- The Affiliate's website comprises or is used for any purpose or activity of
an illegal, fraudulent or defamatory nature.
- adultshop.com does not feel that the continuance of this Agreement is in its best interest.
- The Affiliate breaches any term of this Agreement which is not capable of being remedied; or
- The Affiliate fails to rectify a breach of this Agreement which is capable of being
remedied within 7 days of
adultshop.com serving notice on the Affiliate requiring them to rectify the breach.
Entire Agreement
This Agreement is the entire agreement of the parties on the subject matter.
All communications and prior agreements in relation to the subject matter are
superseded by this Agreement.
Confidentiality
The Affiliate is under a specific obligation not to disclose to a third party the
username and password provided to them by adultshop.com, as well as any other
information relating to sales revenue generated as a result of their participation
in this Agreement, unless adultshop.com specifically agrees in writing to such
disclosure by the Affiliate. The obligations imposed by this entire clause shall
continue in full force and effect not withstanding the termination of this agreement.
Commission Schedule
Subject to the Terms and Conditions (as listed above), adultshop.com will pay you a
commission of 25% of the amount it actually receives for sales of products from
consumers, less any taxes that it may be required to withhold, that accessed the
adultshop.com Website via a hyperlink from your website. The commission will only
be paid on the value of the product (as listed on the adultshop.com Website). No
commission will be paid on any additional charges incurred by Adultshop.com or the
consumer such as, but not limited to, taxes and shipping. No commission will be
paid on goods returned at a cost to adultshop.com or through fraudulent activities.
Terms and Conditions are Binding
By clicking below you are acknowledge that you have read and understood the
Terms & Conditions and agree to be bound by them.