CREATIVE NEXUS
Affiliate Terms of Use
Introduction
The Affiliates Term's of Use are made by Creative Nexus, hereinafter referred to as the "Company," and the undersigned Affiliate, hereinafter referred to as the "Affiliate."
WHEREAS, the Company is engaged in web development services and desires to establish an affiliate program to expand its customer base; and
WHEREAS, the Affiliate is interested in promoting the Company's services and earning a commission for referrals made in accordance with the terms and conditions set forth in this Agreement.
1. Definitions
1.1 "Main Website Payment" refers to the total payment received from a customer referred by the Affiliate for the Company's web development services, exclusive of taxes and any additional charges.
1.2 "Referral" refers to a customer who is referred to the Company by the Affiliate and who ultimately engages the Company's web development services.
2. Affiliate Program
2.1 The Company hereby grants the Affiliate the non-exclusive right to participate in its affiliate program to promote and refer potential customers to the Company's web development services.
2.2 The Affiliate shall be entitled to receive a commission equal to 10 percent of the Main Website Payment for each successful Referral.
2.3 The Affiliate shall be responsible for promoting the Company's services in a manner that complies with all applicable laws and regulations.
3. Payment
3.1 The Company shall pay the Affiliate's commission within 3 business days of the completion of the referred customer's web development project and receipt of the Main Website Payment.
3.2 Payment shall be made to the Affiliate's designated payment method (e.g., bank account) provided by the Affiliate during the sign-up process.
4. Intellectual Property
4.1 The Affiliate acknowledges that all intellectual property rights related to the Company's branding, logos, and promotional materials remain the exclusive property of the Company.
4.2 The Affiliate agrees not to use the Company's intellectual property in any manner that may damage the Company's reputation or violate any third-party rights.
5. Terms and Termination
5.1 This agreement shall commence on the date of signing up to be an affiliate and shall continue until terminated by either party with written notice.
5.2 Either party may terminate this agreement for any reason upon 7 days' written notice to the other party.
6. Confidentiality
6.1 The Affiliate agrees to keep all non-public information received from the Company confidential and not disclose such information to any third party without the Company's prior written consent.
6.2 The Company agrees not to share the Affiliate's payment details, including but not limited to banking information, PayPal accounts, or any other payment-related information, with any third party. The Company shall use the Affiliate's payment details solely for the purpose of processing commission payments owed to the Affiliate under this Agreement.
6.3 Notwithstanding the above, the Company may disclose the Affiliate's payment details to its employees, agents, or contractors on a need-to-know basis, strictly for the purpose of administering the affiliate program and making commission payments to the Affiliate.
6.4 Both parties shall take reasonable measures to safeguard each other's confidential information and payment details and shall not use such information for any purposes other than those explicitly stated in this Agreement.
7. Independent Contractor
7.1 The Affiliate is an independent contractor and not an employee, partner, or agent of the Company. The Affiliate shall have no authority to bind the Company to any obligation or liability.
8. Governing Law and Jurisdiction
8.1 This Agreement shall be governed by and construed in accordance with the laws of Australia. Any disputes arising under or in connection with this Terms of Use shall be subject to the exclusive jurisdiction of the courts of Australia.
8.2 The parties agree that any legal actions, proceedings, or disputes arising out of or in connection with this Terms of Use shall be resolved in the appropriate courts located within Australia. Both parties hereby submit to the exclusive jurisdiction of such courts and waive any objections to the venue or convenience of such courts.
8.3 In the event of any legal proceedings or disputes, the prevailing party shall be entitled to recover reasonable legal costs, including lawyer fees, from the non-prevailing party.
8.4 The laws of Australia shall govern the interpretation, validity, and effect of this Terms of Use, and any rights and obligations arising hereunder.
9. Exclusions
The Affiliate acknowledges and agrees that the affiliate commission outlined in this Terms of Use shall only apply to the Main Website Payment received from new customers referred by the Affiliate for the Company's web development services. The following transactions and scenarios are expressly excluded from the scope of the affiliate commission:
Plans: The affiliate commission shall not apply to any payments received from clients for maintenance plans, website updates, or any other ongoing services provided after the completion of the initial web development project.
Future Transactions: The affiliate commission shall not apply to any future transactions or projects between the referred client and the Company, which are not directly related to the initial web development project that led to the referral.
The Affiliate understands that the exclusion of these transactions is an integral part of this Terms of Use and acknowledges that no commission shall be payable in such cases.
This clause shall remain in effect during the term of this Terms of Use and any subsequent renewals or extensions.
10. Amendments
This Terms of Use may be amended or modified at the discretion of the Company. The Company will let you know before publishing any changes to this Terms of Use.