Affiliate Program Terms & Conditions

1. General

This document (referred to as the “Affiliate Program Terms & Conditions) sets out the terms of use of the affiliate program which is operated by Magnum IP Legal Services (ABN 71 569 375 610).

This document is version 1.1 and is dated 5 February 2010.

Capitalised terms are defined in Clause 12 below.

2. Consent

You signify your consent to these Affiliate Terms & Conditions by registering as an affiliate at http://www.magnumip.com.au/affiliates/.

We have the right to alter these Affiliate Terms & Conditions by making changes to this web page, and notifying you of the changes by email. Changes take effect 30 days after the notice is sent. By continuing to use any Special Link after changes come into effect, you accept these Affiliate Terms & Conditions as they are amended from time to time.

3. Registration

a. Warranties and representations by you upon Registration

Upon registration, you represent and warrant to us that:

i. you have the legal capacity to enter into this Agreement;
ii. you are resident in Australia;
iii. the person completing the registration is authorised to bind the Affiliate;
iv. all of the details you provide on registration are complete, correct and valid;
v. you have not been removed from our affiliate program in the past.

b. Automated registrations

You must not use any bot, or other automated method to register for our affiliate program.

c. Right of review and removal

We reserve the right to review your registration, and to remove you at any time from the affiliate program (in our absolute discretion):

i. for failure to comply with any of the warranties or obligations in this Agreement;
ii. for making any incomplete, inaccurate or false representation;
iii. in order to avoid a conflict of interest arising or continuing in relation to any client of ours; or
iv. any other grounds that we believe to be relevant.

4. Participation in, and operation of, the Affiliate Program

a. Provision of tools by us

Upon registration by you, and during the period in which you participate in the Affiliate Program, we agree to provide you with:

i. your Affiliate Code;
ii. the right to use at least one Special Link; and
iii. access to the Affiliate Console.

b. Display of Special Links by you

i. In order to participate in the Affiliate Program, you must display at least one Special Link to your users (by way of inclusion on your web site or in emails, or both).

ii. You must not modify, disable or corrupt the tracking functionality associated with any Special Link.

iii. You must ensure that each Special Link is displayed as provided when used on your web site and sent in your emails.

iv. You must ensure that the use of each Special Link (either in isolation or in context with other messages and images) would not be likely to mislead or deceive any User, or amount to a breach of any legislation (including the Trade Practices Act 1974 (Cth) or the relevant Fair Trading Act in your State).

v. You must comply with all guidelines, link styles, and graphical artwork that are provided in relation to any Special Link.

vi. We have the right to alter the design of the artwork associated with any Special Link at any time without notice, provided that we do not change the dimensions of the images without proper notice.

c. Use of the Affiliate Console

You acknowledge that:

i. the Affiliate Console is provided to you for convenience only;

ii. sales figures shown in the Affiliate Console represent totals for Provisional Sales and not Final Sales; and

iii. Provisional Sales figures shown in the Affiliate Console are subject to error from time to time.

5. Commissions – General

a. Agreement to pay

Subject to the exceptions in Clause 6, we agree to pay the Commission to you on each Referred Purchase.

b. Payment of Commissions

i. Subject to Clause 6(c), we must pay the Payout Figure to you within 5 business days of the end of that month.

c. Payment Method

We are under no obligation to make any payment by any means except PayPal or direct debit transfer into an Australian bank account.

6. Commissions – Exceptions

a. Technical considerations

For the avoidance of doubt, we have no obligation to pay Commission to you relating to any sale where:

i. the Tracking Cookie was placed longer than 60 days before the date of the Provisional Sale;

ii. the Tracking Cookie is deleted from the User’s computing device;

iii. the User has implemented any measure to prevent the Tracking Cookie from being stored on his or her computing device;

iv. the User makes the purchase associated with the Provisional Sale with a different device from the one which stores the Tracking Cookie.

b. Fraud etc

We have no obligation to pay any Commission whatsoever to you if we determine that you have attempted to circumvent, sabotage or manipulate the operation of any Special Link, any Tracking Cookie or the affiliate program in general or if you have succeeded in doing so.

c. Threshold

You have no right to receive any payment unless the Payout Figure is at least $50.00 on the last day of the preceding calendar month.

d. Personal Sales

You have the right to receive payment of the Commission on a Referred Purchase for goods or services to be used by you if you have previously been paid by us in accordance with Clause 5(b).

e. Prohibited advertising

You have no right to receive any payment if you have breached the obligations contained in Clause 7.

7. Advertising Restrictions

a. Spam

You must not include any Special Link in any communication that would constitute a breach of the Spam Act 2003 (Cth);

b. Keywords

You must not conduct any sponsored or Pay Per Click (PPC) advertising campaign which involves bidding for, or purchasing keywords, that are identical or deceptively similar to, or likely to be confused with, the trade mark Magnum IP.

For the avoidance of doubt, you must not bid on any search engine keyword that contains:

i. the word “MAGNUM”;
ii. any mis-spellings or phonetic similarities to the word “MAGNUM”;

in relation to trade mark or other intellectual property related products or services.

c. Illegal content

You must not place any Special Link on any web site or in any communication that contains adult, obscene or profane content, or which has a tendency to incite racial hatred or religious intolerance.

7. Your responsibilities

You acknowledge that you are solely responsible for:

a. the technical operation of your site and all related equipment;

b. the placement of any Special Link on your web site or in any email or other communication;

c. ensuring the accuracy, truthfulness and appropriateness of materials posted on your site, including (among other things), all information you include with or associated with any Special Link.

d. maintaining the confidentiality of your username and password.

8. Liability etc

Liability

We exclude, to the maximum extent permitted by law, any liability (whether any indirect, incidental, special or consequential loss or damage or otherwise, including loss of business or other profits) which arises as a result of the use of this Web Site or your participation in the affiliate program.

Indemnity

To the maximum extent permitted by law, you must indemnify us for any loss, liability, damage or cost (including legal cost) caused by your breach of the terms of this Agreement.

9. Trade Mark ownership

Magnum IP is a registered trade mark within Australia, and we reserve all rights with respect to that mark.

We grant a non-exclusive licence to you, revocable at will, to use our trade mark within any Special Link. We have the right to review the use of our trade mark and to revoke the licence if we are not satisfied with its use for any reason.

10. Copyright ownership

All copyright in the Magnum IP logo, and in each Special Link is owned by us. You are given a non-exclusive licence, revocable at will to use, copy and reproduce the works for any purpose strictly necessary to enable you to participate in our affiliate program.

11. Governing law

These Terms are governed by the laws of the State of Victoria, and you submit to the jursidiction of the courts in that State.

12. Definitions

In this document, the following terms have the following meanings unless the context clearly requires otherwise:

“Affiliate” means any individual, partnership, company, trading trust or other trading identity that refers, intends to refer, or attempts to refer, traffic to the Web Site in return for Commission.

“Affiliate Code” means a unique alpha-numeric string that identifies you as being an Affiliate.

“Affiliate Console” means the console with the entry point located at http://www.magnumip.com.au/affiliates/ that displays information relevant to the particular Affiliate;

“Affiliate Program Terms & Conditions” means this document;

“Commission” means an amount of 10% or such other amount that has been agreed to by Us.

“Final Sale” means any sale, transaction or order that is not a Provisional Sale;

“Payout Figure” means the total unpaid Commission earned by you under this Agreement;

“Provisional Sale” means:

a. in relation to any DIY Kit, a transaction completed on the Web Site which is still subject to any money back or satisfaction guarantee; and

b. in relation to any trademark registration package, an order that has been placed via the Web Site but which has not yet resulted in a binding contract between us and the User.

“Referred Purchase” means a Final Sale that was originally a Provisional Sale made to a User using a computing device with Tracking Code that is tracked and reported by our software and hardware systems;

“Special Link” means a link that is designed to place a Tracking Cookie on the computer device operated by a User;

“Tracking Cookie” means a cookie containing your Affiliate Code, and which identifies a User as having been referred to the Web Site by you;

“User” means any user of your Web Site, or recipient of any electronic communication sent by You who uses any special link;

“Web Site” means the web site located at the domain “magnumip.com.au” and on all sub-domains, folders and sub-folders on that domain.

14. Interpretation

In this document, unless the context clearly requires otherwise:

a) The terms “we”, “us” and “our” are references to Magnum IP Legal Services (ABN 71 569 375 610), our successors and assignees;

b) The terms “you” and “your” are references to the Affiliate (whether it is the Affiliate or an employee, partner, representative or agent of the Affiliate);

c) Words defined in the singular have the corresponding meaning in the plural and vice versa;

d) Reference to a “person” includes a reference to a corporation, association or other entity;

e) Reference to this “Agreement” means the “Affiliate Program Terms & Conditions”; and

f) Reference to a “Clause” is a reference to a clause of this Agreement.