Application and Approval Process
To apply to become an affiliate, you must submit an application to Excapades Adventures & Gifts Pty Ltd ABN: 44 110 944 842 (“Excapades”) through the Excapades website under the domain name excapades.com.au (“Excapades Website”). Your application will ask you to identify your websites or electronic newsletters from which you intend to link to the Excapades Website (“Affiliate Websites”). Excapades reserves the right to reject applications or withdraw prior approvals on any Affiliate Website, company, or individual at any time without reason.
You can be an Excapades affiliate if you are an individual or organisation (such as a company) who owns an Affiliate Website. To be eligible as an individual you must be 18 years or over.
By agreeing to the following terms you agree to the contract binding between Excapades and yourself, as the affiliate.
Affiliate Websites
You warrant at all times in respect of any Affiliate Websites that: the Affiliate Websites are fully operational with no parts ‘under construction’ in any circumstances; primary written content is in English; the domain name is respectable and not likely to be considered offensive to reasonable users; incentives are not offered to encourage users to click on links to the Excapades Website (“incentives” include but are not limited to awarding them cash, points, prizes, contest entries); pop-ups are prohibited; the content does not contain vulgar or obscene language or explicit sex depictions or descriptions;. the content does not and will not infringe any law, regulation or industry code; the content does not and will not infringe any personal or intellectual property rights (including copyright and neighbouring rights, confidential information, and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields); the content does not and will not promote any illegal activity whatsoever, including investment or money-spinning opportunities or advice not permitted under law, the use or trafficking in of any illegal substances, illegal online gambling, how to counterfeit money, software pirating, pre-hacking or hacking; the content does not and will not contain any questionable or controversial subject matter including racial, ethnic, political, taunting or otherwise, content that defames, abuses, or threatens physical harm to others or to you, violence, terrorism or profanity; you will not engage in any kind of trafficking or re-direction from adult-related websites in an effort to gain traffic.
Spam
Any unsolicited commercial email considered as spam, must not be sent, this includes unsolicited email mentioning or promoting Excapades. No messages relating to Excapades can be posted to newsgroups, chat rooms, bulletin boards or any other places unless you have prior written consent from Excapades. The affiliate agrees not to carry objectionable materials on their website which could lead to termination of the affiliate contract. Any violation could result in you being liable to pay for damages of $2.00 per email sent and other damages as deemed by a court of law.
Fraud
You must not artificially, deceptively or fraudulently inflate leads or clicks deliberately (as determined solely by Excapades, such as pre-population of forms or mechanisms deemed unnecessary by Excapades). If Excapades in its sole discretion determines that you have done this, then you could forfeit any amounts owing to you as an Affiliate at that date and Excapades may terminate this agreement immediately. Excapades reserves the right to judge and determine fraudulent activity and you agree to this clause.
You have the right to object and prove to Excapades that you have not committed fraud. Until satisfactory evidence is provided to prove that fraud has not taken place, Excapades reserves the right to withhold your payment and on-line account. You agree that to detect fraud we may regularly check accounts to see if the click-through rates are much higher than industry averages, where solid justification is not evident; check accounts that only have click programs that generate clicks with no indication by site traffic that it can sustain the clicks reported; check accounts where we have been alerted by third parties to fraudulent leads; check accounts that use fake redirects, automated software, and/or fraud to generate clicks or leads from our programs
If any fraudulent activity is committed against us or you have breached these terms, Excapades reserves the right to withhold payment, close your affiliate account and take appropriate legal action to cover its costs and damages.
Excapades also reserves the right to reverse transactions after payment has been made and you agree to refund or reimburse for a period of up to seven months if there has been attempted credit card fraud of a purchase or if the merchant is governed by law or is governed by their own refund policies to refund the money to the person who had initially purchased the product. We reserve the right to deduct the amount from you, however if you have a zero balance in your affiliate account, we will deduct this amount from you from future capital raised within a three month period. If this time limit should expire without any payment being made, Excapades has the right to demand this money from you. Should your affiliate account be closed, Excapades also reserves the right to demand payment of the full amount owed by you.
Commission
Where a user of an Affiliate Website clicks on a link or banner to the Excapades Website which has been approved by Excapades, Excapades must pay you 5% of the value of each purchase made by that user (identified by the persistence of a cookie left on the user’s hard drive) within 30 days of first clicking the link or banner. Each such purchase is called a “Qualifying Purchase”.
Any commission owing to you will be delivered in approximately 30 days after the end of the month. Before commission payment can be made the total sum must exceed $60.00 (AUD). Payment will only be made once the minimum of $60.00 has been reached. Affiliates based overseas (outside of Australia) agree this minimum to be $120.00 before payment can be made.
Excapades may vary the rate or basis of your commission from time to time by notifying you (whether in writing or electronically) but any such notice shall not affect your commission applicable to any Qualifying Purchase arising out of an introduction or referral which has been received by Excapades at or before the time of giving the notice.
In the event of a dispute between the parties as to the number of Qualifying Purchases in a payment period, you agree that the decision of Excapades is final and binding in determining the commission owing.
Unless otherwise agreed between the parties, the commission includes any taxes payable in respect of or in connection with these terms, including goods and services tax, sales, excise, personal, property and other taxes, stamp duty, customer or levies but not including taxes payable on a party’s income (“Taxes”). You must pay all Taxes and Excapades may deduct from your commission (or be entitled for a refund from the commission already paid by Excapades) any payments of Taxes which Excapades is required to make on your behalf.
Advertising Alterations and Communications
You must provide to Excapades, for Excapades’ prior written approval, all material relating to Excapades or which includes any reference to Excapades which you propose to publish or make available to third parties, including any alterations to material provided by Excapades. You must immediately comply with Excapades’ instructions regarding the removal or amendment of such material. Any alteration should be in keeping and consistent with Excapades own branding, original promotional material and program. Any alteration made will be your sole responsibility and Excapades will not be held liable for any alterations carried out by you. As a result, you agree that any legal action taken against altered Excapades advertising materials will be taken up with you and not Excapades. If you have any concern about design implications please contact Excapades before making any alterations.
You must not make any representations concerning Excapades’ products, services or policies, or your relationship with Excapades; or engage in conduct which is false, misleading or deceptive concerning any matter outlined in these terms.
Acknowledgment
You acknowledge and agree that Excapades may inform users that a commission will be paid to you by Excapades should a Qualifying Purchase occur.You must inform each user of Affiliate Websites that you will receive a commission from Excapades should a Qualifying Purchase occur in relation to that user.
Copyright Violation
You warrant at all times that any content, product, or services on any Affiliate Websites is legal to distribute and that you own or retain the legal right to use any and all copyrighted material. In relation to all claims and lawsuits for copyright, slander, libel, and trademark violation including all losses, claims, expenses, suits, damages, costs, demands or liabilities as well as all other claims resulting from Affiliate Websites, you agree to take all responsibility without question and promise to hold Excapades harmless and to indemnify Excapades against all such claims resulting from Affiliate Websites.
Contract Changes
At any time, Excapades reserves the right to change these terms. You agree that all changes will be sent out to you by email to the address nominated in your application or such other email address you have provided subsequently in the affiliate administration area of the Excapades Website. All such changes to the contract will take effect within 14 calendar days from the date the email is sent. If you do not choose to terminate the agreement within the 14 calendar days, it will automatically result in your acceptance of the changes to these terms.
Warranty
Under no circumstances does Excapades provide any warranty, express or implied, for any products or services provided. This includes, but not limited to, warranty of merchantability and warranty of fitness for a particular purpose. This statement expressly includes any reimbursement for losses of income due to disruption of service by affiliate. Under the given laws of the State of Victoria, the affiliate agrees to settle any dispute under this agreement. Any litigation arising under this agreement will be brought in the federal or state courts of Victoria. In a first instance arbitration or mediation must be conducted prior to any court action being taken, and this must have been unsuccessful or unresolved. Before the matter to the State Court of Victoria is referred, both parties agree to try and settle outside of Court first. If any provision of this agreement shall be held or made invalid or unenforceable by a court decision, statute, rule or otherwise, the remaining provisions of this agreement shall not be affected thereby.
Termination of Contract
Excapades reserves the right to terminate any these terms with you for any reason whatsoever. Termination notice will be provided via email to the address nominated in your application, or such other email address you have provided subsequently in the affiliate administration area of the Excapades Website and will be effective immediately. You may terminate these terms by 7 days written notice to Excapades. All legitimate moneys owed to you will be paid during the next payroll cycle. In cases of fraud as described in the Fraud section of these terms, Excapades may have the right to revoke payment.
For any further queries regarding this agreement, email us at: info@excapades.com.au.
