Safe Return to Exercise PTY LTD Affiliate partner terms and Conditions

Effective date: 1st August 2024

DEFINITIONS

The following terms are used throughout this agreement:

  • “You” - Throughout the context of this agreement, you are referred to as an Affiliate Partner who is promoting the products and services brought to you by Jen Dugard and Safe Return to Exercise PTY LTD
  • “Us” - For the purposes of these Terms and Conditions, “us” is referred to us as Safe Return to Exercise PTY LTD, the company behind all virtual and face to face and online short courses developed by Jen Dugard.  
  • Safe Return to Exercise, Safe Return to Running and any future Safe Return to courses are all brand names owned by Safe Return to Exercise PTY LTD.
  • Affiliate areas - Any membership area, group, content, email where you get access to any of our materials or intellectual property. 

0. AFFILIATE PARTNER CODE OF CONDUCT:

  • You agree to to represent us as an affiliate with the utmost integrity, honesty and transparency. You promise to be upfront about the fact that you are an independent affiliate and that you receive commissions and not misrepresent the partnership in any way.
  • You agree that all marketing has to be truthful and compliant. Anything you communicate in marketing or advertising any of our products or services must be true and accurate and follow all legal rules and regulations of any governmental authorities. Any untrue or fraudulent statements are strictly prohibited. 
  • You agree that it is your responsibility as an affiliate to ensure your friends / customers and followers are buying through the correct affiliate links, to ensure you receive commissions. We are not able to go back and assign credit to past purchases if someone uses the wrong link. 
  • You agree to not use any unethical, hacking tactics to gain commission or position in the leaderboards. Anything we notice is unethical or immoral (e.g. link hijacking and any similar tactics) 
  • You agree not to buy any domain similar to Safe Return to Exercise, MumSafe, Body Beyond Baby or Pre and Postnatal Academy (all domain and brand names we own) or anything similar of any kind.  
  • You agree that you are NOT allowed to promote your affiliate link on our social media with our customers. Any sales found to be made by messaging our existing customers unsolicitedly to gain more commissions will result in all of your sales being disqualified.
  • You agree NOT to participate in any spamming tactics using our affiliate link. 
  • You agree that if any additional GST or sales tax is applicable on any purchase of the customers, you will not receive any commission on the GST / sales tax amount. You only receive commissions on the price of the product as advertised EXCLUDING GST. 
  • You agree that you are responsible for paying your own income, corporate, sales taxes (if applicable) or equivalent in the country of trading and you can receive no more than the agreed commission in your written contract. 
  • You agree not to drive any fraudulent or fake traffic for the purpose of winning prizes in the competitions or else you will be disqualified. 
  • You agree to respect your fellow affiliates and if we find any sign of misconduct, to disqualify you from our affiliate program.

1. INTELLECTUAL PROPERTY AND CONFIDENTIALITY 

  • 1a)  All the content that is brought to you by us, should be kept confidential and is solely for your own discretionary rights and personal use, and that without our written consent off, you do not have any rights to modify/download/transfer/distribute/re-produce any of the materials that are placed by us in the affiliate areas, including the Facebook Group. You cannot use the content nor the internal systems and processes and duplicate those for your own business, nor teach the material to your own clients.

  • 1b) Safe Return to Exercise PTY LTD respects your privacy and insists that you respect ours as well. Thus, consider this a mutual non-disclosure Agreement. You agree not to disclose, reveal, or make use of any confidential information or any transaction / conversation with Safe Return to Exercise PTY PTD during discussions, privately, in the affiliate areas or otherwise. You and us will keep private information in strictest confidence and shall use their best efforts to safeguard confidential information.

  • 1c) Confidential information shall include, without any limitation, any and all information which is not generally known to the public, related to or concerning: the business activities, dealings or strategy, content, training of Safe Return to Exercise PTY LTD and/or their officers, directors, affiliates, employees or contractors; any confidential information, knowledge and know-how, concerning the operations, products, services, procedures, or customers of Safe Return to Exercise PTY LTD, in any format whatsoever, including, without limitation the techniques, formulations, organisation, design, implementation, preparation and other operations, methods, and accumulated experiences incidental thereto, and further including, without limitation, information relating to marketing techniques, advertising policies, procedures, promotions, customer lists, product design, membership lists, mailing lists, sales records, concepts, ideas, trade secrets, other proprietary information, training materials, and/or research of Safe Return to Exercise PTY LTD.
  • 1d) The content provided bySafe Return to Exercise PTY LTD or third parties is on an “AS IS” basis and without limitation we cannot provide any warranties (implied or expressed). As permitted by the law we hereby exclude from any infringements arising from any statements made in the content that is shared by us, in respect of liabilities, costs, damages, claims, losses and expenses, including but not withstanding any content which may give rise to unlawful and derogatory statements or information shared amongst our affiliates. 

2. LIABILITY 

  • 2a) Nothing in these terms and conditions shall limit the other party to: the exclusion from death and/or personal injury that is applicable under the full extent of the law. This extends to the other party’s employees, agents and subcontractors OR fraud or fraudulent misrepresentation.

3. INDEMNITY 

  • 3a) In any event that you are found to be negligible of any of the terms and conditions, then you agree to keep us indemnified of all losses, expenses, damages, claims and costs incurred by us in respect of any misleading statements and/or acts and/or omissions that may be carried out by you against us and our affiliates.

4. GENERAL

  • 4a) The Terms and Conditions of this website shall constitute the entire agreement between you and us and shall supersede all prior engagements, written or oral, relating to the subject matter (save as to where there will not be any limits to the other party in the event of any fraudulent activity).
  • 4b) Any of these terms that may come into dispute, shall be interpreted under context of Australian Law.
  • 4c) In addition to Clause 10b), we may choose to use the Courts of Queensland, Australia to govern any disputes that may arise, however dependent on the domicile of a Member of a particular country, we reserve the right to bring proceedings in the residence of that country.
  • 4d) If for any reason any of the clauses contained within this agreement is deemed to be invalid in the eyes of a Court in a particular jurisdiction, then we reserve the right to rely on the enforceability of all remaining terms under this agreement.
  • 4e) None of these Terms can be relied on to give way to either a Partnership or Agency Term in this context of access to the affiliate areas between any of the affiliates. 
  • 4f) As set out in these Terms, you agree to not re-sell, transfer, distribute or dispose of any of your rights and obligations that might bring us into disrepute and you agree to keep us indemnified at all times, if you are found to be in breach off any of these terms.
  • 4g) As this affiliate program continues to grow, from time to time we reserve the right to alter, amend or vary our terms and conditions that are set out as part of your Agreement with us. By using our website, and all affiliated affiliate links and areas you are automatically bound by these Terms and that the onus is on you to keep abreast of any variations that we carry out, without further notice to you.

5. ELIGIBILITY 

  • 5a) An affiliate partner must be 18 years or older to participate. Safe Return to Exercise PTY LTD reserves the unconditional and irrevocable right to accept or deny any Affiliate Partner in its sole discretion or terminate anyone’s participation with or without cause.
  • 5b) You agree and understand that if your marketing, websites, emails or any other communications associated with or for promotions of Safe Return to Exercise PTY LTD associated products and services are deemed inappropriate by Us for any reason, that Affiliate Partner will be deemed ineligible to participate and disqualified from receiving any recognitions, prizes, commissions, and any other compensation or further communication.

6. EARNINGS DISCLAIMER

  • 6a)Safe Return to Exercise PTY LTD makes no express or implied warranties or representations with respect to the Affiliate Program or an affiliate’s potential to earn income from the Affiliate Program. In addition, Safe Return to Exercise PTY LTD makes no representation in the operation of the websites or the Affiliate links will be interruption or error-free and will not be liable for the consequences of any interruptions or errors.

7. COMMISSIONS

  • 7aThe Company agrees to pay the Affiliate a the agreed amount selected on in the on-boarding process on each sale of the Course made through the Affiliate's unique referral code.

    (either 10% discount code to pass on and $300 commission OR 20%discount code to pass on and $200 commission) 

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    7b Payment Terms: Commissions will be calculated on a monthly basis and paid out within 14 days of the end of each month.

    7c. Payment plans: For those that register utilising payment plans over three or five months the commission will be paid at the end of the month of the final payment.

    7d Refunds and Chargebacks: If a customer requests a refund or initiates a chargeback for a Course purchased through the Affiliate's referral link, the corresponding commission will be deducted from the Affiliate's future earnings

8. RELATIONSHIP OF THE PARTIES

  • 8a) Affiliates are independent and nothing in their Agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. 

9. HOW IT WORKS

  • 9a) Unique Affiliate Code: Upon approval, each Affiliate will be provided with a unique referral code ("Affiliate Code"). This code must be used by purchasers at the time of checkout to activate the associated benefits.
  • It can be used on all payment options; one, three and five-part payments
  • 9b Customer Discount: When purchasers use the Affiliate Code during the checkout process, they will receive a % discount on the purchase price of the Safe Return to Exercise course.  This is on a FULL PRICE purchase only.
  • 9c Affiliate Compensation: For each purchase made using the Affiliate Code, the Affiliate will receive a $ commission ("Kick-back"). This commission will be credited to the Affiliate's account and paid out in accordance with the payment terms outlined in Section 4.  This is one a FULL PRICE purchase only.
  • 9d Tracking and Reporting: The Company will track all purchases made using the Affiliate Code and provide the Affiliate with a report of sales and commissions on a monthly basis.
  • 9e Code Usage: The Affiliate Code is non-transferable and must be used solely for the purpose of promoting the Safe Return to Exercise course. The Affiliate must not share the code publicly or in a way that could diminish the perceived value of the Course.
  • 9f Code Usage Requirement: If the Affiliate Code is not used at the time of sale, the purchaser will not receive the 15% discount. It is the responsibility of the Affiliate to ensure that purchasers are aware of the need to use the code during checkout.
  • If the Affiliate can prove within 7days of purchase that the customer had been generated by them the $150 commission will be paid at the discretion of the company.  Otherwise, the affiliate will not be eligible for the $150 commission on that sale.  
  • 9g Exception for Masterclass Referrals: If the Affiliate shares a link to the specified masterclasses in association with Safe Return to Exercise™️ and a person opts in to the masterclass through that link, the person must specify the Affiliate as the referrer during the registration process.

If the person subsequently purchases the Safe Return to Exercise course after attending the masterclass and the Affiliate's referral is identified, the Affiliate will receive the $ commission. However, in this scenario, no % discount will be applied to the purchaser.

10. OTHER

  • 10a) In the event that a dispute arises, in the first instance, please make your complaint in writing to:

[email protected]

Safe Return to Exercise PTY LTD 

  • 9b)Safe Return to Exercise PTY LTD's failure to enforce an Affiliate Partners strict performance of any provision of this Agreement will not constitute a waiver ofSafe Return to Exercise PTY LTD right to subsequently enforce such provision or any other provision of this Agreement.

Updated August 1st 2024