Keyman Affiliate Program – Affiliate Agreement
To be an authorized affiliate of Tavultesoft Pty Ltd (Tavultesoft, we or our) and participate in the Keyman Affiliate Programme, you agree to abide by the terms and conditions contained in this Keyman Affiliate Agreement (Agreement).
This Agreement contains the complete terms and conditions between Tavultesoft and you, regarding your application to participate as an affiliate (an Affiliate) of Tavultesoft. As an Affiliate your role will be to promote the various products and/or services of Tavultesoft.
Completion of the application form constitutes acceptance of the terms and conditions contained with this Agreement.
Carefully read these terms and conditions, which represent a legally binding agreement between Tavultesoft Pty Ltd and you.
We are independent parties and this agreement will not form any partnership.
Agreement Duration
This agreement will begin upon our acceptance of your Affiliate Application and will end when terminated by either party. Termination may happen at any time, with or without cause, by giving the other party written notice of termination.
Modification
We may modify any of the terms and conditions contained in this Agreement, at any time at our sole discretion. Posting a Change Notice or a new agreement on this site is considered sufficient provision of notice and such modifications shall be effective as of the date of posting.
These modifications may include, but not limited to changes in the scope of available commission fees, payment procedures and programme rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAMME following the posting of a Change Notice or new agreement, it will be considered as your acceptance of the change.
Commission Fees
You will receive 20% of the revenue as a commission on purchases of eligible products made from Tavultesoft as result of a referral by you or via your site.
You will receive 5 % of the revenue as a commission on purchases of eligible products made from Tavultesoft as result of a referral by those Sub-Affiliates which you have referred into the Keyman Affiliate Programme or via their web sites site.
For a sale to generate a commission to an Affiliate, the customer must provide the Affiliate Referral Number (Affiliate ID) at the time of purchase and remit full payment.
Affiliate commissions will only be paid on sales which referred by approved Affiliates.
Commission can only be earned between the time of acceptance of the Affiliate’s application and notice of termination.
In circumstances where Tavultesoft provides special discounts to selected customers, Tavultesoft reserves the right to vary the commission paid to the referring Affiliate.
Tavultesoft will pay the commission earned on a monthly basis, less any taxes that Tavultesoft is required by law to withhold. Any returned checks, chargebacks, or fees from a returned order will be adjusted in the following commission payment.
Commission payment totals must exceed AUD$50.00, otherwise this payment will not be made until the AUD$50.00 minimum is reached.
Payments of commissions shall be made directly to you as per your preferred payment method elected by you as part of your application process or in the affiliate management area. In the event that you provide Tavultesoft with incorrect or incomplete details in relation to your preferred payment method and Tavultesoft is not able to transfer the commissions to you, Tavultesoft reserves the right to subtract from the commissions due to you an amount of money to reflect the required investigation and additional work created by your having provided incorrect or incomplete details. Tavultesoft shall be entitled to set-off from the amount of commission to be paid to you any associated costs related to the transfer of such commission.
Web Site Restrictions
Tavultesoft reserves the right not to accept any applicant or Site into the Keyman Affiliate Programme based on site content. Sites that do not qualify for the Keyman Affiliate Programme include sites such as sites that are:
- X-rated and promote sexually explicit materials
- Promoting violence and discord.
- Promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promoting illegal or questionable activities
- Violating intellectual property rights
SPAM (UCE)
Unsolicited Commercial E-mail - Tavultesoft in no way participates in mass unsolicited e-mailing (i.e. spamming), and all Affiliates are expected to adhere to this policy as well. Violation of this policy will result in the termination of this contract and immediate dismissal from the Keyman Affiliate Programme, with no payment of commissions.
Intellectual Property
Tavultesoft grants you a non-transferable, non-exclusive, revocable right to place links, promotions and any other materials provided to you by us on your Site during the term of this Agreement. You are not permitted to alter, modify or change any of our logos, trade names, material etc without our written consent.
You are not permitted to use or logos, trade names or other material in any manner that is disparaging or that otherwise portrays Tavultesoft or anyone else negatively.
Indemnification
You hereby agree to indemnify, defend and hold harmless Tavultesoft, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expenses of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) the breach of this Agreement by you or any representation or warranty made by you herein; or (ii) any claim related to Your Site.
Disclaimer
We make no express or implied warranties or representations with respect to the Keyman Affiliate Programme or your potential to earn income. In addition, we make no representation that the operation of our site or the Affiliate Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or down time.
The information on the Tavultesoft web site is provided as is and any liability arising from deficiencies, including but not limited to errors or omissions, is neither implied nor accepted.
Whilst reasonable effort is taken to ensure the accuracy, integrity and currency of the information published on our web site, it should not be relied on to the point where it could significantly introduce any respective claim.
Governing Law
This Agreement will be governed by and construed according to the laws of the State of Tasmania in Australia. Any action relating to this Agreement must be brought in the State of Tasmania and you irrevocably consent to the jurisdiction of Tasmania Courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
Language Discrepancies
In case of any discrepancy between the meanings of any translated versions of this Agreement, the meaning of the English Language version shall prevail.
Copyright
Except where otherwise specified, the contents of this Site are Copyright © 1994 - 2007 Tavultesoft Pty Ltd. All rights reserved. No portion of this Site may be distributed or reproduced on other websites or published in any form, without Tavultesoft's prior written permission.
Language Codes on this website are from SIL Ethnologue.
By submitting the Affiliate Application form, you acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated this programme and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.