AFFILIATE TERMS AND CONDITIONS

Last updated: 28th July 2020


AGREEMENT TO AFFILIATE TERMS AND CONDITIONS

 

Please read the entire agreement and print this page for your records. By signing up and joining the Kiwi Pics Affiliate Marketing Program you are agreeing that you have read and understood the full Terms and Conditions detailed below.

 

 1. Overview 

This Agreement contains the complete Terms and Conditions that apply to you becoming an Affiliate in the Kiwi Pics Affiliate Program. The purpose of this Agreement is to set the Terms for which links and traffic can be generated to Kiwi Pics principle website (https://kiwipics.nz) through digital marketing means including HTML linking in blogs, email, social media, and other methods. Please note that throughout this Agreement, “we,” “us,” and “our” refer to Kiwi Pics NZ Limited, and “you,” “your,” and “yours” refer to the Affiliate, in this case which is the party that signs up and agrees to the Terms and Conditions set forth in this agreement with the goal of generating revenue and income through affiliate marketing.

 

2. Kiwi Pics Affiliate Program Rates

As a Kiwi Pics Affiliate you will be compensated for 10% of every dollar (New Zealand Dollar – NZD) on each total sale that occurs when a sale is made from your registered and tracked affiliate link. The visitors MUST be unique and your unique link MUST be used. By unique links, this refers to current and existing Kiwi Pics visitors and customers who have purchased from or visited Kiwi Pics during the cookied affiliate timeframe. The current Kiwi Pics Affiliate Program Cookie is valid for 30 days, offering 30 days of sales commission from each single time your unique affiliate link is clicked by a unique user. Your own clicks or purchases do not count and will not be counted.

 

3. Kiwi Pics Affiliate Program Payment Terms

Kiwi Pics Affiliate payments are sent via PayPal and issued on the 1st of the following calendar month for total sales in the month prior. There is no minimum threshold requirement and any amounts the affiliate has accrued during this time frame will be paid out. It is therefore your responsibility to ensure your PayPal email address is valid and up to date to ensure you receive the payout. If for whatever reason the email address you provided is not correct and your payout is sent to an incorrect account you accept this error is on your part and take full responsibility in the recovery of funds from that payout including any fees incurred. We will not be liable in any form in this circumstance. 

 

4. Affiliate Linking 

As an Affiliate, you may promote and advertise your affiliate link using graphics and text links through digital marketing methods on the world wide web. You may only use graphics and texts provided by Kiwi Pics as found on our social media or our website (https://kiwi-pics.nz). Affiliates may not use their own unique link to make purchases for affiliate credit.

 

5. Revocation of Affiliate Status 

Affiliation will be cancelled if this contract is broken. Affiliation can be cancelled with no warning in cases of suspected fraudulent activity. If your affiliation to us is revoked, Affiliate will be considered banned for life and unable to rejoin the Kiwi Pics Affiliate Program at any time. Affiliation can be immediately revoked for the following reasons regarding inappropriate/unsuitable content: False advertisements concerning Kiwi Pics, spamming of affiliate link, usage of copyrighted materials on your website, harassment or intimidation of others on your website or platforms, and / or any content deemed to be explicit by us For questions regarding compliance or revocation please Email via our Contact page: https://kiwi-pics.nz/contact

 

6. Usage of Brand Name

The brand name “Kiwi Pics” cannot be used in any part as any element of your website URL, blog address or title, Facebook Page or Profile, YouTube Channel, Google+ Profile, Twitter Handle, Instagram Username, or any domain or digital profile or presence associated with your unique affiliate account and unique affiliate link. 

 

7. Copyright and Trademark Infringement 

We reserve the rights and will actively seek legal action against affiliates that infringe on our copyrights and registered trademarks, or that replicate our product designs under a different brand. 

 

8. Terms of Agreement 

The Terms and Conditions of this agreement will begin upon signup and registration for the Kiwi Pics Affiliate Program and will end when your affiliate account has been terminated. The Terms may be modified by us at any time. If you do not agree with any modifications, you may ask to have your affiliation cancelled.

 

9. False Statements 

Registration and participation in the Kiwi Pics Affiliate Program ensures that you may not and will not make any misleading, false, or untrue statements in any of your marketing campaigns or initiatives. In order to avoid conflicts and to protect the integrity of the Kiwi Pics brand, we reserves the right to suspend any affiliates activities and thus their commissions for phrases generating sales that we determine to be untrue or inflammatory claims of our products, services or websites. 

 

10. Payment Dispersal

We use third parties to handle all of the tracking and payments. The third parties are AffiliateWP and PayPal. Please review both their Terms and Conditions. Kiwi Pics Affiliate payments are sent via PayPal and issued on the 1st of the following calendar month for total sales in the month prior.

 

11. Account Access

You will create and register your own unique username and password to sign up and join the Kiwi Pics Affiliate Program so that you can access the AffiliateWP affiliate account dashboard. From this dashboard and interface you will be able to receive your reports that will describe our calculation of commissions due to you in addition to graphs monitoring your success. 

 

12. Grant of Licenses 

We grant to you a non-exclusive, non-transferable, revocable right to access our site through HTML links solely in accordance with the Terms of this Agreement and solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorise for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of the Kiwi Pics Affiliate Program. You agree that all uses of the Licensed Materials will be on our behalf and the goodwill associated will insure to our sole benefit as well. Participation in the Kiwi Pics Affiliate Program confirms in writing you agreement to not use the proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.

 

13. Representations and Warranties 

You represent and warrant that: 

This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its Terms; 

You have the full right, power, and authority to enter into and be bound by the Terms and Conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party; 

You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.

 

14. Limitations of Liability 

WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL KIWI PICS’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT. 

 

15. Indemnification 

You hereby agree to indemnify and hold us harmless, and our subsidiaries, brands, and affiliates, along with any and all our directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgements, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us (iv.) the loss or shut down of any social media platform including Instagram. 

 

16. Confidentiality 

All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party. 

 

17. Miscellaneous 

You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us, an online website and e-commerce marketplace. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section. You are not a Distributor and should not be referred to as such.

 

  • Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party. 

  • This Agreement shall be governed by and interpreted in accordance with the laws of New Zealand without regard to the conflicts of laws and principles thereof.
     
  • You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
     
  • This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.

  • The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the Terms of this Agreement.

  • If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.

 

18. Modification 

We may modify any of the Terms and Conditions in this Agreement at any time at our sole discretion. In such event, we will update the date of this Agreement and you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Kiwi Pics Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement and your Affiliate account be terminated. Your continued participation in Kiwi Pics Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes. 

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