Affiliate
Terms and Conditions

1.  Introduction

1.1  Welcome to Legally With Nina (LWN, We, Us, Our) Affiliate Program! Thank you for expressing interest in joining Our Affiliate program (Program).

1.2  The following terms and conditions (Terms) apply to individuals who are applying, accessing or using the Program as an affiliate (you or affiliate) - being someone who refers customers to purchase products from LWN’s online shop via a unique link provided to them through their participation in the Program.

1.3  You agree to participate in the Program in accordance with these Terms and Our Affiliate Pack, as amended from time to time. If you do not agree to any part or all of these Terms, you are prohibited from registering as an Affiliate or participating in the Program.  By applying to participate in the Program and providing Us with your details on LWN’s website, you accept these Terms and agree to them applying to your affiliate relationship with Us.

1.4  You acknowledge and represent to Us that you have assessed the suitability of the Program for your individual and/or business needs, and sought independent professional advice where necessary, without relying on any representation or statement (made by Us or anyone else) other than those set out in these Terms. You also acknowledge and represent to Us that you have read and understood the Terms prior to applying to participate in the Program and proceeding to accept the Terms, and have sought professional and/or legal advice in relation to these the Terms. 

 

2.  Affiliate Platform

 

2.1  We use the GoAffPro application (platform), a third-party affiliate software, to manage the Program.  The process of becoming an affiliate is set out below:

a)  When you complete the online questionnaire at https://www.legallywithnina.com/affiliate-partner, a notification is sent to Us of your application.

b)  If your application is accepted, we will email you with a link to the platform, where you will be required to create your affiliate account, and input additional information required to complete your registration and payment details.

 

c)  You will be provided with an Affiliate Pack which contains helpful information about Us, and additional guidelines for acting as Our Affiliate.

d)  You will also receive a unique affiliate link via your account dashboard on the platform. Your unique affiliate link is the link you must share with your community when selling, and your community must use when purchasing, LWN’s products and/or services, in order to calculate commission payable to you. Only sales that are tracked through your unique affiliate link will generate commission payable to you.

2.2  In addition to using your unique affiliate link, we also use cookies to track who has clicked on your link when making a purchase on Our website, in order to calculate Commissions payable to you. Your referrals must use cookies in order for Us to track them, link their purchase to your Affiliate account and pay you commission for the referral.

2.3  The cookie tracking day starts from the time a customer clicks on an Affiliate’s link. Every order made on Our website by a customer using your unique link will automatically result in commissions to you, provided that the monthly threshold is met.

2.4  We reserve the right to approve or reject any application for the Program in Our absolute discretion and you have no legal recourse against Us if your application is rejected.

3.  Obligations
 

3.1.  We will:

a)  fulfil orders and process payments for our products and/or services purchased on Our website; 

b)  pay you Commission in accordance with the payment details set out in the Platform; and

c)  maintain appropriate insurance in place.

3.2.  You agree to:

 

a)  provide accurate and current information as requested at the time of applying for the Program, or otherwise by Us, and to inform Us immediately should any of your information change;

b)  not use your affiliation with Us for any prohibited, unauthorised or illegal purpose;

c)  actively encourage your website visitors, social media audience and/or clients (Audience) to make a purchase on Our website using your affiliate link;

d)  ensure that your Audience are informed that you will earn commission by referring them to Us by utilising the disclaimer provided to you in the Affiliate Pack on your website and/or social media, and by adding them to your website terms and conditions;

e)  not display or include any affiliate link on any page that contains or promotes or engages in discriminatory or illegal content or activity;

f)  incorporate Our branding into all references to Us, Our website or our products and services;

g)  promote Our products and/or services;

h)  promote any special offers or promotions you are notified of;

i)  have appropriate insurance in place; and

j)  comply with all applicable laws, including but not limited to Privacy Act 1988 (Cth), Spam Act 2003 (Cth), the Australian Consumer Law (under the Competition and Consumer Act 2011), any advertising standards or any other industry standards or guidelines that apply to these Terms, your participation in the Program, and/or our relationship (Applicable Laws).

 

4.  Use of IP

 

4.1  We may share marketing material, containing Our trademarks and/or copyright, with you from time to time, such as Our banner, logo, brand colours or promotional content (Material) to you via email.

 

4.2  We grant you a non-exclusive, non-transferable licence to use and reproduce the Material for the purposes of the Program and in accordance with any guidelines provided to you, including to:

 

a)  download the Material to share on your website, social media and other platforms owned and/or operated by you for the purpose of the Program.

 

b)  advertise Our website and social media channels (including Our Facebook, TikTok and Instagram) on your website and social media channels subject to these Terms and the Affiliate pack.

4.4  You grant Us the right to display your branding, trade marks, logo, and business name on Our website and social medial channels, and to provide it to Us when requested, to advertise your Affiliate status with Us. 

4.5  You also agree to collaborate with Us to promote the products and/or services whenever We have a special promotion or offer for the products and/or services.

4.6  For avoidance of doubt, each party will remain the sole proprietor of their own intellectual property.

5. Payment of Commission

 

5.1.  When someone makes a purchase on Our website as result of your referral and via your unique affiliate link, you will receive a Commission amount calculated in accordance with the Commission percentage stated on the Platform.

 

5.2  You must specify your payment details on the Platform under the Settings tab.  The Commission payment schedule details are set out within the Platform. 

5.3  Payments will only be made to your for transactions that have been successfully completed, and not for transactions that result in refunds or charge backs.

 

5.4  We have the right to review every referral purchase to ensure that the purchases are genuine and in line with the Program.

5.5  It is strictly prohibited to use your affiliate link to receive Commission on purchases made for your own business.  Should you wish to purchase products from Our website, please get in touch with Us to discuss the possibility of arranging a discount for you.

5.6  Commission amount is calculated on the value of the purchase but not including extra fees such as tax. 

6.  Termination


6.1  This agreement will commence when you submit an application for the Program, and conclude:

a)  if your application for the Program is rejected by Us; or

b)  if your application is accepted, when terminated by you or Us in accordance with these Terms. 

 

6.2  You may terminate your involvement in the Program with 30 days notice.

 

6.3  We may terminate at any time for breach by you of these Terms or by written notice (including notice via email). 

 

6.4  Without limiting Our rights, if either party terminates: 

 

a)  We will pay you all Commission due in accordance with these terms as at the date of termination (excluding fraudulent transactions, chargebacks or refunds); and  

 

b)  each party must return or destroy all Confidential Information of the other party, unless required to maintain copies by law. 

 

6.5  For avoidance of doubt:

 

a)  you have no legal recourse against Us if your application is rejected; and

b)  Commission will not be payable on termination where the termination is due to conduct by you which is in breach of these Terms or contrary to the terms of the Affiliate pack.

 

6.6  If you wish to cease acting as an Affiliate, you must let us know via email at  hello@legallywithnina.com.

 

7. Warranties and Indemnities

 

7.1  Our products and services are provided on an as is basis, without representation, warranty or condition of any kind (express or implied). 

7.2  No results are guaranteed from your participation in the Program. 

7.3  It is not a breach of these Terms if We make changes to Our website, products and/or services (including if they cease to exist or change in price), and We are not liable to you for such changes. 

7.4  We reserve the right to update or amend Our policies, operating procedures, and/or the Affiliate Pack at any time without notice to you. 

 

7.5  Any express or implied warranty or condition relating to these Terms or its subject matter that are not contained in Terms are excluded to the maximum extent permitted by law. 

 

7.6  Nothing in these Terms excludes, restricts or modifies, and at no time do We seek to exclude restrict or modify, any condition, warranty, right or remedy implied or imposed by any law that cannot be lawfully excluded, restricted or modified. 

 

7.7  If any warranty or condition is implied into these Terms and cannot be excluded, Our liability is limited to resupplying Our services involved in the Program or payment of the cost of having Our services resupplied. 

 

7.8  Neither party will be liable or held in breach of these Terms for any failure to perform its obligations to the extent that said failure is caused by the other party’s noncompliance, negligence or misconduct. 

 

7.9  Neither party will be liable to the other for any loss or damage arising out of these Terms, whether foreseeable or not and however caused, except for confidentiality and indemnification obligations. 

 

7.10  We will not be liable for any loss or damage suffered by a third party in connection with these Terms and We will not be liable for any loss or damage to you or third parties arising out of or in connection with the Platform. You acknowledge that we do not own or operate the Platform and that, despite Us operating the Program through the Platform, we are not liable for their conduct, breaches, or any los or damage arising out of any type of conduct of the Platform.

 

7.11  Each party agrees to take reasonable steps to mitigate any loss, damage or expense it may suffer or incur, arising out of anything done or not done by the other party in connection with these Terms. 

 

7.12  Our liability to you (including under indemnity) is capped to the return of 30 days’ Commission and will be reduced to the extent that your acts or omissions contribute to or cause the liability. 

 

8. Confidentiality 

 

8.1   The parties agree to take all reasonable steps to maintain all information and documentation exchanged between them in relation to their business (whether oral, hardcopy or softcopy) confidential unless disclosure is authorised in writing by the other, otherwise required by law, or as permitted by these Terms.

 

8.2  The parties acknowledge that the information and documentation exchanged for the purpose of giving effect to these Terms and your participation in the Program, is not covered by any patient-client, legal privilege or other privilege, and may be provided to each of the party's employees, agents, representatives and associates who have a need to view the information in their fulfilment of obligations under these Terms.

 

8.3  Confidential information does not include information which:

        a)   was in the party's possession prior to the commencement of these Terms;

        b)   is or becomes generally known to the public;

        c)   is provided to a party by a third Party;

        d)   the party is required to disclose by law or Court order;

        e)   is disclosed to the party and the party reasonably believes there to be an imminent or likely risk of danger or harm                 to the other party or others; and

        f)   involves illegal activity.

 

8.4  You agree to maintain all information, documents, resources provided or disclosed by Us, relating to the Program, our business or personal affairs of our employees, agents, representatives or associates, confidential and must not share, sell, reproduce or use for any purpose other than as authorised, without Our prior authorisation.

8.5  In the event that the Parties become aware of any potential breach of confidentiality, they agree to notify each other as soon as reasonably practical and take steps to remedy any breaches.

 

8.6  Nothing in these terms prevents a party from disclosing non-confidential information of the nature specified in clause 8.3 to third Parties, unless that information is detrimental in any way to the other party.

 

8.7  This clause survives the termination or conclusion of these Terms and the affiliate relationship.

 
9. Disputes 

 

9.1  In the event of a breach, any dispute or any disagreement arising out of or in connection with these Terms, the Affiliate Pack or generally your participation in the Program and before commencing any legal action or other formal dispute resolution proceedings:

 

       a)   the Party alleging the breach, dispute or disagreement (Disputing Party) must notify the other Party (Responding               Party) in writing to their email listed on the Platform within 7 days of the breach, dispute or disagreement arising,                 of:

             

              (i)            what they perceive to be the substance of the breach, dispute or disagreement;

              (ii)           if applicable, which of these Terms has been breached or is subject of the dispute or disagreement; and

              (iii)          what they propose as a resolution.

                               (Dispute Notice)

 

        b)  The Responding Party must provide a response to the Dispute Notice , via email listed on the Platform, within 7                     days of receiving it via email setting out their proposed resolution.

        c)  The Parties must negotiate and discuss possible resolutions in good faith.

9.2  In the event that the dispute remains unresolved after 28 days of the Dispute Notice being issued

 

        a)  the party issuing the Dispute Notice must refer the matter to the WA Small Business Development                                             Corporation – Dispute Resolution Service, and seek a mediation (including doing all things necessary to                                     progress the complaint to a mediation).

         b)  We and You must cooperate in good faith and do all things necessary, to the best of Our ability, in the Small                             Business Development Corporation process to progress the matter to a mediation in Western Australia.

 

9.3   You and We will bear Our respective legal, mediation and other costs associated with the dispute.

 

9.4.  Without limiting either party’s right to seek urgent injunctive or declaratory relief, neither party may commence court proceedings in any jurisdiction until this term has been complied with and the mediation process is complete. 

 

10.  OTHER 

10.1  Exclusivity:  During your participation in the Program as an Affiliate, or while these Terms are in effect (whichever is the longer), you are not permitted to engage in any other collaboration or venture with a competitor providing the same products and services as Us. 

10.2  Relationship:  Nothing in these Terms, the Affiliate Pack, Program or the Platform creates a relationship of employer and employee, principal and agent, partnership or joint venture, or any other fiduciary relationship between you and Us and attracts no such privilege or trust unless otherwise stated in these Terms. Nothing in these Terms gives Us or you the authority to bind the other in any way or impose any fiduciary duties.

10.3  Non-Disparagement:   

 

a)   Neither party may:

 

       i)   communicate in any way (directly or indirectly, in any capacity or manner) any statement of any kind (whether                      verbal, in writing, electronically transferred or otherwise) that might be critical of, or derogatory or negative                              towards,  the other;

 

      ii)   provide any negative feedback in a public or private forum (such as social media groups or a review platform)                        about the other at any time during the time during and following your participation in the Program; or

 

     iii)   cause, encourage or permit any other person to do so.

 

b)  The parties are not prohibited from making any statement or disclosure as required by law or court order, provided              that:

 

      i)   such statement or disclosure is immediately notified in writing in advance of any such statement to the other; and

 

     ii)   where such disclosure is required, maximum efforts are made to maintain the information confidential or to                           minimise the dissemination of the disclosed information.

10.4   Notices:   Where a party gives notice, it must be done in writing to the email address provided on the Platform. The notice will be considered delivered on the next business date after it was sent, unless a delivery failure notice was received or a party can prove that it did not receive the email for reasons attributable to their IT systems i.e. the email being categorised as spam and being automatically sent to their junk folder, or deleted by their system due to viruses contained within the email.

 

10.5   Acceptance of Terms:   The Terms become binding when you submit your application for the Program.

 

 

10.6  Amendment or Variation:  We reserve the right to amend these Terms at our discretion. We will notify you of the changes in the event that these Terms are amended or updated. You can elect to terminate your participation in the Program in accordance with these Terms, if you do not accept Our changes and amendments to these Terms.  If you continue to participate in the Program, you are deemed to have accepted the amendments and/or variations to these Terms.

10.7   Entire Agreement:   These Terms constitute the entire agreement between you and Us in relation to the Program and supersede all previous agreements, understandings and negotiations, whether written or verbal.  


10.8  Governing Law:   These Terms and any disputes or claims arising out of or in connection with the Terms and/or the Program (including non-contractual disputes or claims) are governed by, and shall be construed in accordance with, the laws of Western Australia, Australia. The Parties irrevocably agree that the courts of Western Australia, Australia have exclusive jurisdiction to deal with and settle any dispute or claim that arises out of, or in connection with, these Terms or the Program or its subject matter or formation (including non-contractual disputes or claims).
 

10.9   Validity:  If a provision of these Terms is deemed invalid or unenforceable:

(a)          that provision may be severed to the extent of the invalidity or unenforceability; and

(b)          the remaining provisions of these Terms remain valid and enforceable.
 

10.10   Assignment:   You are not permitted to assign these Terms or otherwise deal with any benefits or rights under it without Our prior written consent. In the event that We seek to assign these terms, we are permitted to do so but will inform you of any such intentions.

10.11   Interpretation:   All headings are for ease of reference and do not affect the interpretation of these Terms. Words in the singular include the plural and vice versa, and references to “including” and similar words do not imply any limit.

 

Let’s get referring!

Thanks for taking the time to read through these Terms. We can’t wait to see how we can work together. If you have any queries, please feel free to send them to: hello@legallywithnina.com.