WA Cellars Fundraising Affiliate Program Terms of Service
Agreement
By signing up to be an Affiliate in the WA Cellars Fundraising Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
WA Cellars reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Fundraising Program at your own risk.
Account Terms
- You must be 18 years or older to be part of this Program.
- You must be a not for profit organisation or charity.
- You must live in Australia to be part of this Program.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. WA Cellars cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- One person or legal entity may not maintain more than one account.
- You may not use the Fundraising Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You may not use the Fundraising Program to earn money on your own WA Cellars product accounts.
Links/graphics on your site, in your emails, or other communications
Once you have signed up for the Fundraising Program, you will be assigned a unique Fundraising Code. You are permitted to place links, banners, or other graphics we provide with your Fundraising Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to WA Cellars. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.
To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the WA Cellars. You must ensure that each of the links between your site and the WA Cellars properly utilizes such special link formats. Links to the WA Cellars placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a WA Cellars product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Fundraising Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
Fundraising links should point to the page of the product being promoted.
Fundraising donations and payment
For a Product sale to be eligible to earn a fundraising donation, the customer must click-through a Special Link from your site, email, or other communications to https://wacellars.com.au and complete an order for a product during that session.
We will only pay a donation on links that are automatically tracked and reported by our systems. We will not pay the donation if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay donations on orders generated through properly formatted special links that were automatically tracked by our systems.
We reserve the right to disqualify donations earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Identifying yourself as a WA Cellars Fundraising Affiliate
You may not issue any press release with respect to this Agreement or your participation in the WA Cellars Affiliate Program without the prior written consent from the WA Cellars fundraising co-ordinator; such action may result in your termination from the Program.
In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of WA Cellars or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement.
Donation Payment schedule
You must request a pay out of the donations applicable through the WA Cellars authorised fundraising co-ordinator via email. That donation will be made to the nominated account of the Not for Profit organisation that you provided on the application form. We will not pay any donations into a personal bank account. The payment of the donations applicable from WA Cellars will occur within 5 business days from the written email request.
Customer definition
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning liquor licensing laws, responsible service of alcohol guidelines/policies, customer orders, customer service, and product sales will apply to those customers.
We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
Your responsibilities
You will be solely responsible for;
– Ensuring the display of Special Links on your fundraising affiliate page does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your fundraising affiliate page (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
– Ensuring that materials posted on your fundraising affiliate page do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your fundraising affiliate page are not libellous or otherwise illegal
– Ensuring that your fundraising affiliate page accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.
Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, all anti-spam laws.
Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://wacellars.com.au, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. WA Cellars reserves the right to end the Program at any time. Upon program termination, WA Cellars will pay any outstanding earnings accrued within 5 business days of termination.
Termination
WA Cellars, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other WA Cellars service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your fundraising affiliate page and Account or your access to your fundraising affiliate page/account, and the forfeiture and relinquishment of all potential or to-be-paid donations in your Account if they were obtained through fraudulent or illegal methods. WA Cellars reserves the right to refuse service to anyone for any reason at any time.
Relationship of Parties
You and we are independent and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. 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 otherwise, that reasonably would contradict anything in this Section.
Limitations of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total donations paid or payable to your Not for Profit organisation under this Agreement.
Disclaimers
We make no express or implied warranties or representations with respect to the Affiliate Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the WA Cellars will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Arbitration
Any dispute, controversy or claim arising out of, relating to or in connection with this agreement, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Perth, Australia. The language of the arbitration shall be English. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Miscellaneous
This Agreement will be governed by the laws of Australia, without reference to rules governing choice of laws. 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 be 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.
The failure of WA Cellars to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and WA Cellars and govern your use of the Service, superceding any prior agreements between you and WA Cellars (including, but not limited to, any prior versions of the Terms of Service).