Effective Date: 22 October 2024
Welcome to WebSales ABC ABN: 86811429721 ("we," "our," or "us") Affiliate Program. By participating in our program, you agree to the following terms and conditions ("Terms"). These Terms govern your participation as an affiliate in promoting WebSales ABC CRM and earning commissions through our 3-tier affiliate system. Please read these Terms carefully before joining our program.
1. Acceptance of Terms
By signing up for or participating in the WebSales ABC CRM Affiliate Program, you agree to comply with and be legally bound by these Terms, as well as any other policies, guidelines, and rules provided by WebSales ABC CRM. If you do not agree to these Terms, you are prohibited from participating in the program.
2. Affiliate Program Structure
Commission Tiers:
Tier 1: Earn 35% commission on direct sales made through your affiliate link.
Tier 2: Earn 10% commission on sales generated by affiliates you recruit (your sub-affiliates).
Tier 3: Earn 5% commission on sales generated by sub-affiliates of your sub-affiliates.
Commission Payments:
Commissions are calculated based on the subscription fees paid by the customers referred by affiliates. All commissions are recurring, paid as long as the referred customers remain subscribed to WebSales ABC CRM.
3. Payment Terms
Payout Requirements: Affiliates must register with a third-party payment provider to receive commission payouts. WebSales ABC CRM or the third-party provider may require you to submit tax documentation (e.g., W-8, W-9, or other forms) to process your payments.
Payout Schedule: Commissions will be paid out monthly. All commissions earned in a given month will be processed after a minimum 30-day holding period to account for refunds, chargebacks, or cancellations.
Threshold for Payment: A minimum balance of [Insert Amount] is required for payout. If your balance is below this threshold, commissions will roll over to the next payout period.
Refunds and Chargebacks: If a refund or chargeback occurs for a sale, any commission paid to you for that sale will be deducted from future payouts.
Tax Responsibility: You are solely responsible for paying any and all taxes required in your jurisdiction. WebSales ABC CRM does not withhold taxes for affiliates except where required by law.
4. Affiliate Responsibilities
Promotional Activities: Affiliates are responsible for promoting WebSales ABC CRM using only lawful, ethical, and appropriate marketing practices. Any promotional methods that violate laws or regulations may result in immediate termination from the program.
No Spam Policy: Affiliates must comply with all applicable laws regarding email marketing and anti-spam regulations. Unsolicited commercial emails (spam) are strictly prohibited.
No Misleading Claims: Affiliates must not make false or misleading statements about WebSales ABC CRM or its features. You must accurately represent the platform’s capabilities and benefits.
5. Intellectual Property
Use of WebSales ABC Materials: As part of the affiliate program, WebSales ABC CRM grants you a non-exclusive, royalty-free license to use our logos, trademarks, and promotional materials for the sole purpose of promoting WebSales ABC CRM.
Brand Guidelines: Affiliates must follow all brand guidelines when using WebSales ABC CRM trademarks and logos. Any use outside the scope of these guidelines is prohibited.
Intellectual Property Rights: All rights, including but not limited to copyrights and trademarks, associated with WebSales ABC CRM remain the exclusive property of WebSales ABC. Affiliates have no ownership or rights to any intellectual property used in connection with the program.
6. Termination
Termination by Either Party: Either party may terminate this agreement at any time, with or without cause, by giving the other party 30 days’ written notice.
Immediate Termination for Breach: WebSales ABC CRM reserves the right to terminate your participation in the affiliate program immediately if you breach any of these Terms or engage in fraudulent activity, unlawful practices, or unethical conduct.
Consequences of Termination: If you are terminated due to a violation of these Terms, you will forfeit all unpaid commissions, and WebSales ABC CRM may withhold any future payments. Upon termination, your access to the affiliate dashboard will be revoked.
7. Limitation of Liability
Disclaimer of Warranties: WebSales ABC CRM is provided "as-is" and without any warranty. We make no guarantees that the affiliate program or platform will meet your expectations or that it will be error-free or uninterrupted.
Limitation of Liability: To the fullest extent permitted by law, WebSales ABC CRM, its officers, employees, and affiliates shall not be held liable for any indirect, incidental, or consequential damages arising from your participation in the affiliate program. This includes, but is not limited to, loss of revenue, data, or profits, even if WebSales ABC CRM has been advised of the possibility of such damages.
No Legal Accountability for Damages: WebSales ABC CRM shall not be held legally responsible or liable for any damages, losses, or harm resulting from the use of its products or participation in the affiliate program, regardless of the cause. This includes damages resulting from unintentional errors or faults in the platform.
8. Arbitration
Agreement to Arbitrate: Any disputes arising out of or relating to this agreement, including any breach or violation, shall be resolved by binding arbitration under the rules of the Australian Centre for International Commercial Arbitration (ACICA). Both parties waive the right to a trial by jury.
Arbitration Location: Arbitration shall take place in Queensland, Australia. The arbitrator’s decision shall be final and binding on both parties.
Costs of Arbitration: Each party shall bear its own costs, unless otherwise determined by the arbitrator.
9. Modifications to Terms
WebSales ABC CRM reserves the right to modify these Terms at any time. Any changes will be posted on the WebSales ABC CRM website, and continued participation in the program will constitute your acceptance of the revised Terms.
10. Governing Law
These Terms are governed by and construed in accordance with the laws of Queensland, Australia. Any legal action that is not subject to arbitration shall be brought exclusively in the courts located in Queensland, Australia.
11. Contact Information
Email: [email protected]
Phone: +61440 131 200
Address: Labrador Australia
By joining the WebSales ABC CRM Affiliate Program, you acknowledge that you have read, understood, and agreed to these Terms.