Affiliate Agreement
This Affiliate Agreement (the "Agreement") is effective upon your acceptance as an affiliate of the 'KENNY'S YARD Outdoor Woodworking Plans' Affiliate Program and is between Les Kenny, sole trader, an entity organized and existing under the laws of New Zealand, with its principal place of business at 15 Haven Drive, East Tamaki, Auckland 2013 (the "Merchant"), and the individual or entity participating in the Affiliate Program (the "Affiliate"). By participating in the Affiliate Program, the Affiliate agrees to the terms of this Agreement.
1. Definitions
(a) Affiliate Program refers to the program offered by the Merchant, allowing Affiliates to promote and sell 'KENNY'S YARD Outdoor Woodworking Plans' (the "Product") on their platforms and receive commissions on eligible sales.
(b) Commission refers to the compensation provided to the Affiliate for each successful sale generated through their referral.
2. Enrollment in the Affiliate Program
(a) To participate in the Affiliate Program, the Affiliate must complete the application form through Shopify Collabs and be accepted into the Program.
(b) The Merchant reserves the right to approve or reject any application at its sole discretion.
3. Affiliate Responsibilities
(a) The Affiliate shall promote the Product using their unique affiliate links provided by Shopify Collabs, through appropriate marketing channels.
(b) The Affiliate must comply with all applicable laws, regulations, and guidelines while promoting the Product and participating in the Affiliate Program.
(c) The Affiliate shall not engage in any deceptive, misleading, or unethical practices that could harm the Merchant's reputation or infringe on the rights of any third party.
(d) The Affiliate is solely responsible for the development, operation, and maintenance of their marketing channels, including websites, social media accounts, and email lists.
4. Commission Structure
(a) The Affiliate is entitled to a commission equal to 50% of the net sale price (excluding discounts, taxes, or other applicable fees) for each Product sold through the Affiliate's unique link.
(b) Payment: Commissions will be tracked and processed through Shopify Collabs’ payment system. Payments will be made on a [monthly/bi-weekly] basis, provided the Affiliate’s accrued commission balance meets or exceeds the minimum payout threshold of $25 USD. If the balance does not meet the threshold, it will roll over to the next payment period. Payments will be made via [specify payment method, e.g., PayPal, bank transfer], in accordance with Shopify Collabs' payment schedule.
(c) The Merchant will provide the Affiliate with access to a dashboard or reporting system to track sales, commissions, and other relevant data.
5. Intellectual Property Rights
(a) The Merchant retains all ownership rights, title, and interest in the Product, including all copyrights, trademarks, and other intellectual property rights.
(b) The Affiliate is granted a limited, non-exclusive, non-transferable license to use the Merchant's promotional materials solely for the purpose of promoting the Product during the term of this Agreement.
6. Term and Termination
(a) This Agreement commences on the Effective Date and continues until terminated by either party.
(b) Either party may terminate this Agreement at any time, with or without cause, by providing notice via email to the other party.
(c) Upon termination, the Affiliate shall immediately stop using all promotional materials provided by the Merchant and remove all affiliate links from their marketing channels.
7. Limitation of Liability
(a) The Merchant shall not be liable for any indirect, special, consequential, or incidental damages arising out of or in connection with this Agreement or the Affiliate's participation in the Affiliate Program.
(b) The Merchant's total liability under this Agreement shall not exceed the total commissions paid or payable to the Affiliate.
8. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of New Zealand. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of New Zealand.
9. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, or representations, whether oral or written, relating to the subject matter herein.