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The Net Lawman affiliate agreement
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Explanatory notes - not forming part of the agreement |
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You register as an affiliate by completing the online form. By confirming your registration on that form you agree to be bound by all the terms and conditions set out in this agreement.
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This agreement covers only our affiliate programme. When using our site or buying our documents or services, you will be subject to our standard trading terms.
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If you affiliate to Net Lawman, we have a way to pay commission to you not only in respect of sales made by us to customers introduced from your website, but sales made by affiliates who first reached us via your website. That means that if you promote not only Net Lawman legal documents, but also Net Lawman affiliation from your website, you will receive commission from the sales of all the affiliates you have introduced to us.
We take this concept one step further. We also pay you commission on sales made by affiliates introduced by affiliates who were themselves introduced by you. This can be very powerful. You have seen example figures on the Net Lawman affiliate introduction page.
You need take no action to become a “super affiliate”, taking advantage of the two upper levels of our three level system. We pay you automatically. Neither is there any minimum level for your own sales in order to qualify as a super affiliate. You can see what sales have been made by your “down-line” of affiliates at any time by looking at your control panel.
Your confirmation of these terms, binds you contractually to them.
Who we are
We are Net Lawman Limited, a company registered in England. Our address is Astons Barn, North Green Road, Pulham St Mary, Diss, IP21 4YF.
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These are the agreed terms:
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These are the definitions that apply to this agreement:
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“Affiliate” |
means a Visitor who joins our Affiliate Programme direct from Your Site. It also includes you.
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“Affiliate Programme” |
means the management system and software through which we operate.
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“Affiliate Tools” |
means any material in any medium supplied by us for use by you in promoting the Documents or linking to our Site.
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“Commission Period”` |
means the period starting on the date a Visitor becomes a Tagged Visitor.
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“Commission” |
means the money paid by us to you under the terms of this agreement and includes, where the context so allows, Upper Level Commission.
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“Documents” |
means all of the documents and forms offered for sale by us on Our Site. It includes documents down loaded by a customer or produced by a dynamic system (such as wills). It does not include advice nor any other time based service.
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“Intellectual Property” |
means our intellectual property which we use in connection with Our Site.
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“Level Two” and “Level Three” |
refer to affiliates themselves or commission payments from sales made by Us as a result not of introductions direct from Your Website, but other affiliates who themselves were introduced from Your Website, and, at Level Three, sales as a result of introductions by Level Two affiliates.
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“Member / Customer” |
means a Visitor who pays us for Documents.
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“Our Site” |
means www.netlawman.com.au
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“Pay Day” |
means the day each month on or before which we shall have paid Commission due to you.
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“Reports” |
means the reports automatically prepared on Our Site for the purpose of providing to you statistics relating to Tagged Visitors and sales.
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“Tagged Visitor” |
means a Visitor who at any time is recorded by us as having reached Our Site directly by way of a link from Your Site and with the intention of visiting Our Site.
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“Upper Level Commission” |
means the overriding commission calculated as a percentage of gross sales after deduction of value added tax at Level Two and Level Three.
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“Visitor” |
means a Visitor who visits Our Site.
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“Your Site” |
means the site on which you place one or more links to Our Site and through which we tag Visitors from you.
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Applicable values
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.1 |
The Commission rate is 25%.
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.2 |
The Level Two Commission rate is 5%.
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The Level Three Commission rate is 2%.
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The Commission Period is 36 months.
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Pay Day is the 10th day of the month.
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Commission and Level Two Commission are payable only in respect of sales of Documents and not of advice.
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Relationship of Parties
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We and you are independent contractors, and nothing in this agreement creates any partnership, joint venture, agency, franchise, or employment relationship between us.
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Commission calculation and payment
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.1 |
Subject to this agreement, we will pay Commission and Upper Level Commission at the rates set out above, on or before the Pay Day in respect of all Commission credited in the previous month.
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Commission is calculated as a percentage of the net receipts arising from first sales after deduction of value added tax .
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Commission is calculated in Australian Dollars (AU$). The rate of exchange is taken at the date of payment to you.
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Commission cheques in AU$ will be despatched by post on or before Pay Day each month in respect of Commission due for sales made in the previous month.
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At your request we will make payment to any bank account in your name in any currency, subject to payment by you of all costs associated with the payment.
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For Australian affiliates, if the amount due to you is less than AU$ 25 in any month, the amount due will be carried forward to the following month repeatedly until the cumulative amount due exceeds AU$ 25.
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If you are located outside Australia, we will transfer money to you at our cost when the total due to you exceeds AU$ 230, or send you a cheque for any sum over AU$ 25, as you instruct us.
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Commission shall not be payable in respect of a Visitor who is first tagged by us as having reached Our Site from a web site owned by some other person than you.
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Commission will not normally be payable on sums received other than through Our Site.
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.10 |
If in our discretion, we believe that some person has interfered with the fair operation of our Affiliate Programme, we may withhold payment of Commission.
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We will make payment to you or to any person nominated by you. You may not change your nomination more than once in every year.
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Commission payable ongoing
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For the purpose of this agreement a Tagged Visitor shall remain a Tagged Visitor throughout the Commission Period.
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Commission shall be payable by us to you in respect of the first sale to a Tagged Visitor within the Commission Period.
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Merchant tracking and Reports
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We undertake to set up our Affiliate Programme so as to:
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tag the identity of all Visitors from Your Site;
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record all sales made to Tagged Visitors within the Commission Period;
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record the cumulative amount of Commission due to you for any time period you choose;
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record the history of payments of Commission made to you;
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provide the Reports
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provide password protected access to you to the Reports.
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Duration and termination
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This agreement shall continue until terminated:
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by passing of time five years from today; or
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by one month’s notice in writing by either of us to the other; or
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immediately by us if we decide (in our sole discretion) that Your Site is or has become unsuitable. Unsuitable sites may include those that: are aimed at children, promote violence, promote discrimination based on race, sex, religion, nationality, disability, or sexual orientation; promote illegal activities, or violate intellectual property rights. If we terminate the agreement under this paragraph we do not have to give you any reason; or
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immediately by either of us if the other commits any material breach of any term of this agreement and which in the case of a breach capable of being remedied is not remedied within 30 days of a written request to remedy it; or
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Upon termination
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You will remain entitled to all Commission earned on or before the date of termination.
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We will continue to pay you Commission on first sales made by us to Tagged Visitors for a period of three years from the date of termination.
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We will continue to pay you Upper Level Commission for three years from the date of termination of your contract, provided Upper Level Commission paid to you in the immediately preceding 12 months exceeded AU$1250.
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At our discretion, instead of keeping your account open and paying you on the basis set out above, we may choose instead to pay you a single lump sum equal to the total of the sums paid to you in the one year immediately preceding the termination of this agreement.
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All rights and licenses granted to you in this agreement shall immediately terminate, except that you will remain entitled to receive Commission payments as set out above.
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You will immediately stop using the Affiliate Tools and any other promotional materials and (where applicable) will remove them Your Site.
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If we continue to receive payments from Tagged Visitors after termination of this agreement, this will not constitute a continuation or renewal of this agreement or a waiver of termination.
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You will immediately return to us all copies of all confidential information in your possession and will cease to use the Intellectual Property.
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All claims or actions that one party has against the other shall remain intact despite termination.
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If at any time any person makes a claim against us in respect of activity undertaken by you or through your web site, we may deduct the amount of that claim from any payment otherwise due to you until the dispute has been resolved.
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Refunds, charge back and bad cheques
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If a payment is later charged back by a merchant service provider or refunded to a customer or if a customer 's cheque does not clear, then Commission paid to you for that transaction will be repayable and will become a debt due by you.
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Changes to this agreement
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We reserve the right to change this agreement at any time and in any way. A change will take effect when we post it on our web site. No change will take effect to retrospectively reduce the amount of commission due to you.
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If you continue to send Visitors to Our Site, that will be taken as acceptance of the new terms. |
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If we change the rate of Commission or Level Two Commission, we will give you 12 months notice or continue to pay you at the old rate for 12 months.
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We reserve the right to change the offer to prospective Customers at any time and without notice to you, even if this affects your earnings. This includes change to prices, operating procedures and site layout and organisation.
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Restrictions on your activity
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You may not advertise or otherwise attract visitors to our site in competition with us and if you do, no commission will be payable.
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You may not use our name in any advertisement placed by you without our permission. We shall not give permission if you seek to obtain credit for sales which might have otherwise come to us without clicking on your advertisement.
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If you send any form of spam we shall consider terminating your account immediately. Any money due by us to any third party on account of messages sent by you immediately becomes a debt due by you to us.
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Merchant controls Visitor data
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We shall be solely responsible for order and payment processing, cancellations and refund processing, and all Customer services even when the link to Our Site is a co-branded page on Your Site.
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All personal information about Customers collected by us is owned solely and exclusively by us.
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Confidentiality
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You are aware that in the course of working under the terms of this agreement you may have access to or happen to learn information about our Customers, our business, our way of doing business, our technology and all of our dealings, transactions and affairs. All this information is strictly confidential.
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