Affiliate Agreement
This Affiliate Agreement (the "Agreement") is made effective upon you becoming an affiliate of 'Les Kenny's 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").
Definitions
(a) "Affiliate Program" refers to the program offered by the Merchant where Affiliates can promote and sell 'Les Kenny's Outdoor Woodworking Plans' (the "Product") on their own 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.
Enrollment in the Affiliate Program
(a) To enroll in the Affiliate Program, the Affiliate must complete the application process provided by the Merchant and agree to the terms of this Agreement.
(b) The Merchant reserves the right to approve or reject any application to join the Affiliate Program at their sole discretion.
Affiliate's Responsibilities
(a) The Affiliate shall promote the Product through appropriate marketing channels, using materials provided by the Merchant, such as referral links, banners, or approved promotional content.
(b) The Affiliate shall 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 may harm the Merchant's reputation or infringe upon the rights of any third parties.
(d) The Affiliate shall be solely responsible for the development, operation, and maintenance of their own marketing channels, including websites, social media accounts, and email lists.
Commission Structure
(a) The Affiliate shall be entitled to a commission equal to 50% of the net sale price (excluding taxes, shipping fees, and discounts) for each eligible sale generated through their referral.
(b) The commission shall be paid once a month. The payment process will start at the beginning of each calendar month, provided the Affiliate's commission balance exceeds $50 USD. If the balance is below $50 USD, the commission will roll over to the next payment period until the threshold is met.
(c) The Merchant shall provide the Affiliate with access to an affiliate dashboard or reporting system to track sales, commissions, and other relevant data.
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 associated with the Product.
(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.
Term and Termination
(a) This Agreement shall commence on the Effective Date and shall continue 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 cease using any promotional materials provided by the Merchant and remove all affiliate links from their marketing channels.
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 pursuant to this Agreement shall not exceed the total commissions paid or payable to the Affiliate pursuant to this Agreement.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of New Zealand. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in New Zealand.
Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, or representations, whether oral or written, with respect to the subject matter herein.
Definitions
(a) "Affiliate Program" refers to the program offered by the Merchant where Affiliates can promote and sell 'Les Kenny's Outdoor Woodworking Plans' (the "Product") on their own 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.
Enrollment in the Affiliate Program
(a) To enroll in the Affiliate Program, the Affiliate must complete the application process provided by the Merchant and agree to the terms of this Agreement.
(b) The Merchant reserves the right to approve or reject any application to join the Affiliate Program at their sole discretion.
Affiliate's Responsibilities
(a) The Affiliate shall promote the Product through appropriate marketing channels, using materials provided by the Merchant, such as referral links, banners, or approved promotional content.
(b) The Affiliate shall 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 may harm the Merchant's reputation or infringe upon the rights of any third parties.
(d) The Affiliate shall be solely responsible for the development, operation, and maintenance of their own marketing channels, including websites, social media accounts, and email lists.
Commission Structure
(a) The Affiliate shall be entitled to a commission equal to 50% of the net sale price (excluding taxes, shipping fees, and discounts) for each eligible sale generated through their referral.
(b) The commission shall be paid once a month. The payment process will start at the beginning of each calendar month, provided the Affiliate's commission balance exceeds $50 USD. If the balance is below $50 USD, the commission will roll over to the next payment period until the threshold is met.
(c) The Merchant shall provide the Affiliate with access to an affiliate dashboard or reporting system to track sales, commissions, and other relevant data.
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 associated with the Product.
(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.
Term and Termination
(a) This Agreement shall commence on the Effective Date and shall continue 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 cease using any promotional materials provided by the Merchant and remove all affiliate links from their marketing channels.
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 pursuant to this Agreement shall not exceed the total commissions paid or payable to the Affiliate pursuant to this Agreement.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of New Zealand. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in New Zealand.
Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, or representations, whether oral or written, with respect to the subject matter herein.