This Affiliate Agreement (“Agreement”) governs Your application for, and any subsequent participation in, DIGI CLIP mobile forms’ Affiliate program. By clicking “I Accept the Terms and Conditions” and submit, You thereby accept the terms of this Agreement, You indicate that You have read and understood this Agreement, and agree that You are bound by its terms.
1. PARTIES. All references to “DIGI CLIP mobile forms” herein means and refers to Safety Tracker Pty Ltd, doing trading as DIGI CLIP mobile forms. All references to “You” and “Your” mean and refer to the person or entity who has executed this Agreement by clicking “I Accept the Terms and Conditions” and submit. DIGI CLIP mobile forms and You are each referred to herein as a “Party,” and collectively as the “Parties.”
2. APPLICATION. You agree to provide all information requested by DIGI CLIP mobile forms in connection with Your Affiliate application, and You affirm that all information that You provide is truthful and accurate. You understand and agree that DIGI CLIP mobile forms retains sole and exclusive discretion to determine whether You qualify for participation in DIGI CLIP mobile forms’ Affiliate program. Not everyone who applies for DIGI CLIP mobile forms’ Affiliate program will qualify to participate.
3. CONSENT TO BE CONTACTED. You expressly consent to be contacted at the email address and the phone number You provide in Your application about Your application and the Affiliate program, including through automated dialling systems, texts and artificial or pre-recorded messages. This consent is a material condition of this Agreement and may not be revoked except in writing by both Parties.
4. COMPENSATION. If Your application to become an affiliate is approved by DIGI CLIP mobile forms, You will receive a unique Affiliate ID. The Affiliate ID will be incorporated within each URL which You will use to advertise DIGI CLIP mobile forms. You will have the opportunity to receive a commission for each paid monthly subscription that is registered using Your Affiliate ID.
In the event that a Prospect has multiple Affiliate Cookies, the most recently-acquired Cookie will determine which Affiliate is credited with a Sale.
Provided that the Sold Account remains in good status within thirty (30) days from the Sale, You will be paid a commission for each Sold Account that generates a payment to DIGI CLIP mobile forms in a month (“Commission”). Except as otherwise provided herein, Commission payments will be paid within the first week of each month following DIGI CLIP mobile forms’ receipt of payment for a Sold Account, subject to the other terms of this Agreement. All Commission payments are based on the amount of fees received by DIGI CLIP mobile forms, less goods and services tax (GST).
The amount of Commissions are as follows:
a. Silver Affiliate: 25% up to $199 AUD
b. Gold Affiliate: 40% over $200 AUD.
5. RESTRICTIONS. Sold Accounts to businesses or natural persons that You are an Owner, Director, Person Conducting Business or You have a financial interest will not be included in commission payments. Minimum monthly payouts are $10 AUD.
6. ENTIRE AGREEMENT. This Agreement, Appendix A below represents the entire agreement between the Parties and supersedes any other written or oral agreement between the Parties as pertaining to Your Affiliate application and, if approved, Your rights and responsibilities as an Affiliate.
Additional Terms of the Affiliate Agreement and Advertising Rules
These Advertising Rules apply to all activities of Affiliates.
1. General Compliance. Affiliate shall publish or otherwise distribute advertisements in strict compliance with all applicable Australian laws and regulations, including the Australian Spam Act of 2003. Affiliate is solely responsible for ensuring Affiliate’s compliance with all laws. Affiliates are strictly prohibited from making claims concerning the products and services offered by DIGI CLIP mobile forms that are inconsistent with, or beyond the scope of marketing materials produced and made available by DIGI CLIP mobile forms. Affiliate is prohibited from publishing or otherwise distributing advertisements by telemarketing, fax, or text messaging in any form to any device. Affiliate shall not offer monetary incentives, such as rewards points, cash, or prizes to Prospects in return for their response to an advertisement. DIGI CLIP mobile forms retains the sole and exclusive discretion to determine whether Affiliate’s advertising and conduct is in compliance with all laws.
2.Disclosure. On any website that Affiliate advertises any DIGI CLIP mobile forms service or product, Affiliate must plainly display (i.e., not in a link, or in small font) the following disclaimer language:
Disclosure: I am an independent DIGI CLIP mobile forms Affiliate, not an employee. I receive referral payments from DIGI CLIP mobile forms. The opinions expressed here are my own and are not official statements of DIGI CLIP mobile forms or its parent company, Safety Tracker Pty Ltd.
3. Non-Disparagement. Affiliate is not permitted to comment negatively about or disparage the products or services of DIGI CLIP mobile forms or any other person or entity, including without limitation the products or services of a DIGI CLIP mobile forms competitor. Affiliate is not permitted to engage in any unlawful or deceptive actions with respect to search engine optimization, including, but not limited to, using any technique that generates paid search results based on any trademarks of DIGI CLIP mobile forms, any brand name of DIGI CLIP mobile forms, or based on the trademarks or brand name of any competitor of DIGI CLIP mobile forms, or any other third party. Affiliate shall not direct link to a DIGI CLIP mobile forms’ sales page from any paid advertising.
4. Social Media. If Affiliate advertises on Instagram or YouTube, then each post must comply with all of the following:
- Each post must contain @DIGI CLIP mobile forms or #DIGI CLIP mobile forms.
- 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 as applicable to each form of social media. Affiliate must also comply with all rules of each social media platform that Affiliate uses.
5. Income and Business Opportunity Claims. Affiliates are expressly prohibited from making any claims that use of DIGI CLIP mobile forms will guarantee that the user will make money.
Affiliate is also expressly prohibited from making any express or implied claims that DIGI CLIP mobile forms is or provides a business opportunity, franchise opportunity, a “business-in-a-box,” or an assisted marketing plan.
6. DIGI CLIP mobile forms’ Trademarks. No logo, tagline, trademark, trade name, or trade dress (collectively, the “DIGI CLIP mobile forms Trademarks”) owned by DIGI CLIP mobile forms may be used, copied, or reproduced by any Affiliate except as set forth below. No DIGI CLIP mobile forms intellectual property (or any mark confusingly similar to any DIGI CLIP mobile forms intellectual property) is to be registered as a trademark in any country or registered as a domain name by Affiliate in any way in any country.
Subject to the restrictions below, approved Affiliates are granted a limited, revocable, non-transferrable, and non-assignable license to use the “DIGI CLIP mobile forms” to advertise DIGI CLIP mobile forms online.
DIGI CLIP mobile forms retains exclusive ownership of all DIGI CLIP mobile forms’ Trademarks and other intellectual property and all of its rights therein. Affiliate shall not promote or provide services to any other business or person that is infringing any of DIGI CLIP mobile forms’ intellectual property.
7. Complaint Notification. Affiliate must notify Company of any complaint received by Affiliate regarding any advertisements within twenty-four (24) hours of receiving such complaint. Notice should be sent to firstname.lastname@example.org.
8. Independent Contractor. Affiliates are independent contractors of DIGI CLIP mobile forms. It is the express understanding and intention of the Parties that no relationship of master and servant nor principal and agent shall exist between DIGI CLIP mobile forms and You by virtue of this Agreement. You have no right to act on behalf of or bind DIGI CLIP mobile forms in any way, nor share in the profits or losses of DIGI CLIP mobile forms. The only compensation available to You is set forth in this Agreement. You are solely and exclusively responsible and liable for all of Your acts or omissions.
9. NO WARRANTY; NO LEADS. DIGI CLIP mobile forms does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that DIGI CLIP mobile forms will not at any time provide sales leads or referrals to You. You understand and agree further that this is not a business opportunity, a franchise opportunity, a “business-in-a-box,” or an assisted marketing plan. You are responsible for procuring and paying for any and all materials and resources necessary to operate as an Affiliate as You determine in Your sole discretion.
LIMITATION OF LIABILITY. YOU AGREE THAT IN NO EVENT SHALL DIGI CLIP MOBILE FORMS, SAFETY TRACKER PTY LTD, OR THEIR RESPECTIVE OWNER(S), PARENT COMPANY(IES), AFFILIATE ENTITIES, EMPLOYEES, OR ASSIGNS HAVE LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION FOR AN AMOUNT IN EXCESS OF THE AMOUNT OF THE COMMISSIONS PAID TO YOU FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST DIGI CLIP MOBILE FORMS OCCURRED, OR ONE-THOUSAND AUSTRALIAN DOLLARS ($1,000 AUD), WHICHEVER IS GREATER. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS AND ALL THEORIES OF LIABILITY ADVANCED, REGARDLESS OF WHETHER DIGI CLIP MOBILE FORMS WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS.
DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION, CLASS ACTION WAIVER, & GOVERNING LAW.
10. Jurisdiction. Disputes are subject to the laws of South Australia, Australia. You irrevocably and unconditionally submit to the jurisdiction of the Courts of South Australiafor determining any dispute concerning the Agreement.
11. Disputes. If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:
- The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
- If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Society of South Australia to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.
Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under this Agreement, by law or in equity
12. Indemnity. You agree to protect, defend, indemnify and hold harmless DIGI CLIP mobile forms, its officers, directors, employees, owner(s), and parent company and assigns from and against all claims, demands, and causes of action of every kind and character without limitation arising out of Your conduct, acts, or omissions related to Your application and/or performance of this Agreement including, but not limited to, any breach of this Agreement. Your indemnity obligation includes, but is not limited to, any third party claim against DIGI CLIP mobile forms for liability or payments for damages caused by, or other liability relating to, You. This provision expressly survives the termination of this Agreement.
13. Term and Termination. If approved, Your participation in the DIGI CLIP mobile forms Affiliate program will continue month-to-month until either:
DIGI CLIP mobile forms cancels Your account due to Your breach of any of the terms of this Agreement. In the event this Agreement is cancelled due to Your breach, You immediately forfeit all Commissions, Legacy Bonuses, and any other payments owed to You or that may in the future be owed to You without any further liability by DIGI CLIP mobile forms to You;
DIGI CLIP mobile forms or its successors or assigns, in its sole and absolute discretion, cancels, or fails to renew this Agreement. In the event that DIGI CLIP mobile forms or its successors or assigns cancel this Agreement, You will first receive thirty (30) days’ written notice, sent to the email address associated with Your Affiliate profile.
You provide DIGI CLIP mobile forms thirty (30) days’ written notice that You wish to cancel the Agreement.
If this Agreement is terminated or cancelled, then all provisions that, by their nature, should survive, will survive, including, but not necessarily limited to, all limitations of liability, disclaimers of warranties, indemnity obligations, mandatory arbitration and class action waiver provisions, and exceptions to arbitration. All representations and warranties undertaken by You shall also survive termination or cancellation of this Agreement and/or Your DIGI CLIP mobile forms account.
14. Severability. In the event any provision of this Agreement is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and the Terms of Service, as so modified, shall continue in full force and effect.
15. Modification/Amendments. This Agreement may be modified by DIGI CLIP mobile forms at any time, with or without prior notice to You. Amendments or modifications to this Agreement or the Terms of Service will be binding on You when they are posted in the affiliate centre. No amendment to this Agreement or the Terms of Service shall be valid unless prepared or signed by DIGI CLIP mobile forms. Your continued acceptance of Commission constitutes Your acceptance to any modifications or amendments to this Agreement and the Terms of Service.
DIGI CLIP mobile forms contact details:
For any questions or notices, please contact us at:
Safety Tracker Pty Ltd t/a Digi Clip mobile forms (ABN 65 169 314 363)
10 Pulteney Street
Adelaide SA 5000
Last update: 03 December 2019