The Persuasionworks' Affiliate Program is operated by Persuasion Solutions (see details below).
1. The Persuasionworks Affiliate Program ( the Program) is only open to persons who have reached legal majority in their countries of residence. By joining the Program you warrant that:
(a) you are at least 18 years of age,
(b) there is no legal reason why you cannot enter the Program,
(c) you have a website, or are licenced to use a website, or have a newsletter and you are responsible for the entire contents of that website, licensed site, and / or newsletter.
(d) The content of your website or newsletter does not contain misrepresentations or content that is defamatory,
(e) The content of your website or newsletter does not violate any rights of publicity or privacy,
(f) The content of your website or newsletter does not infringe any copyright, trademarks, patents, or other proprietary rights.
2. There is no cost to join the Program.
3. The Program is only applicable to sales of Persuasionworks digital software delivered on the cloud via webpages. The following are excluded from the Program:
(a) Services provided by Persuasionworks are expressly excluded from the Program.
(b) Persuasionwork's Super Affiliate Marketer - is expressly excluded from the Program.
4. The Program is operated by Persuasion Solutions of 17 Market Street, Nunawading 3131, Victoria, Australia. Australian Business Number is: ABN: 62978169366.
5. The Contractual Agreement is between you the Affiliate and Persuasion Solutions.
6. Membership in the Program is subject to the prior approval of Persuasion Solutions.
7. Persuasion Solutions reserves the right, without liability, to reject, omit or exclude any affiliate, webmaster or website from the Program.
8. At its sole discretion Persuasion Solutions reserves the right to refuse service to any new or existing affiliate with or without cause.
9. At the sole discretion of Persuasion Solutions, failure to abide by the Terms and Conditions of the Program will result in the Affiliate's termination from the Program.
10. Upon termination for breach of the Terms and Conditions of the Program or because of Affiliate fraud may result, at the sole discretion of Persuasion Solutions.
11. In the case of Fraud and/ or breach of the Terms and Conditions of the Program, Persuasion Solutions will NOT pay so-called outstanding commissions.
12. Persuasion Solutions treats fraud as a serious offence and we will refer fraudulent activity to the relevant authorities in your jurisdictions and also to PayPal.
13. We define fraud as any action that intentionally attempts to create click-throughs or sales manually or by using "refreshing" pages, robots, or scripts, for the sole purpose of creating commissions.
14. Participation in the Program constitutes your acceptance of any changes made to the Program.
15. An Affiliate may leave the program at any time.
16. When an affiliate referral is made Persuasion Solutions at its sole discretion, without liability, reserves the right to refuse to do business with anyone, any place, and for any reason.
We expect our Affiliates to adhere to similar levels of privacy.
18. Upon application and approval to the Program, Persuasion Solutions will provide the Affiliate with:
(a) access to an online Secure Zone that contains information and updated commission details, and
(b) a unique Affiliate Link. The Affiliate may then use the identifying link for all his or her marketing that results in customer referral visits to Persuasionworks.
19. Should the Affiliate be promoted to a higher paying Affiliate Strutum a new unique Affiliate link will be provided (see Clause 28 below).
20. Affiliates are responsible for checking if links on the Affiliate's site or Newsletter have changed or are discontinued.
21. Persuasion Solutions will supply free of charge, on an 'as is' basis, a range of keywords and related keywords relating to: online marketing, internet marketing, web hosting, social media marketing, search engine optimization, SEO, SEO software, eMail marketing software, Pay per Click, PPC software, PPC management, customer relationship manager, CRM, content management system, CRM, keyword research, online strategy, web design, prospect segmentation, eCommerce software, shopping cart, eCart, affiliate software, business apps, business process, helpdesk software, support center software, analytics or any other other keywords deemed appropriate.
22. On an 'as is' basis Persuasion Solutions may from time to time create advertising material for use by Affiliates of the program including: banner ads, 'white label' publications, email autoresponder content, 'white label' videos, and other marketing material.
23. You as an Affiliate of the Program:
(a) Cannot represent or create an impression that you, or your website, and / or your Newsletter are an official representative of Persuasion Solutions or of Persuasionworks.
(b) Cannot copy the design of Persuasion Solutions or the design of Persuasionworks so as to create an impression that the Affiliate site or Newsletter is an official site or representative of Persuasion Solutions or of Persuasionworks.
(c) Cannot bid on keywords in Google Adwords or other PPC search engine that contain the words Persuasion Solutions or Persuasionworks.
(d) Must at all times comply with the provisions of Can-Spam or similar legislation that prohibits the use of email spam.
(e) Cannot use 'black hat', spam, or other prohibited methods to gain higher search engine rankings.
(f) Cannot use 'black hat', spam, or other prohibited methods to gain a prohibited advantage in social media marketing.
24. Affiliates are paid commissions on the monthly software charged by Persuasionworks. All Persuasionworks prices and commissions payable thereon are subject to change without notice. For current Persuasionworks prices see: Prices.
(a) Where a Payment Processor allows a period 45 days for chargebacks or refund no commissions will be paid until after the expiration of 45 days.
25. No commission is payable on set-up fees or on services provided by Persuasionworks.
26. No commission is payable on Persuasionworks' Super Affiliate Marketer accounts.
27. No commission is payable when the Affffiliate makes a self referral.
28. There are three levels of Affiliates: Standard Affiliate, Gold Affiliate, and Super Affiliate.
(a) Standard Affiliatees: (1 - 10 sales). All Affiliates begin membership of the Program as Standard Affiliates and subject to the Terms and Conditions of this Agreement are paid 10% of the monthly software recurring fee charged by Persuasionworks.
(b) Gold Affiliatees: (11 - 20 sales). Upon reaching ten sales at Standard Affiliate level, Affiliates are eligible to be promoted to Gold Afffiliate. Promotion to Gold Affiliate is at the sole discretion of Persuasion Solutions. Gold Affiliates are, subject to the Terms and Conditions of this Agreement, paid 15% of the monthly software recurring fee charged by Persuasionworks.
(c) Super Affiliates: (21+ sales). Upon reaching 20 sales at Gold Affiliate level, Affiliates are eligible to be promoted to Super Afffiliate. Promotion to Super Affiliate is at the sole discretion of Persuasion Solutions. Super Affiliates are, subject to the Terms and Conditions of this Agreement, paid 20% of the monthly software recurring fee charged by Persuasionworks.
29. In the event a Persuasionworks' customer opts to pay an annual discounted fee then the following applies:
(a) Depending upon the Affiliate's Stratum: Standard, Gold or Super Affiliate then a 10%, 15% or 20% commission ia calculated on the discounted fee - subject to the usual Terms and Conditions of this Agreement.
(b) The discounted commission payable is divided into 12 and a monthy amount is credited to the Affiliate for the first three months. After a period of three months the Affiliate is credited with a lump sum of the remaining nine monthly payments.
30. You agree to be paid via PayPal.
31. Credited commissisons are payable on the first day of each month via PayPal provided the Affiliate's account reaches US$200.
32. No interest is payable on credited but unpaid accounts.
33. Affiliates are paid in US dollars. All acconting in the Program is conducted in US dollars - unless otherwise agreed.
34. Affiliates are responsible for their own tax payments or collection. Payments to Affiliates include all taxes that may apply in your country or state.
35. Where an Australian Affiliate's income exceeds AU$75,000 per annum, we will make special GST arrangements:
(a) You must initiate the special arrangement request in writing
(b) Commission payments will be made in AU dollars
(c) An Australian Affiliate may access his or her Affiliate Secure Zone and use the information therein to prepare a monthly "Tax Invoice" that includes a GST amount.
(d) Subject to the Terms and Condictions of the Agreement, the Tax Invoice will be paid after the the invoice is varified.
36. All orders that are charged back or refunded accrue fees. All fees, associated with a customer refund or chargeback - including bank processing and referral fees, will be deducted from the Affiliate's next monthly payment.
37. In relation to Affiliate commissions, Persuasion Solutions acts in good faith but makes no warranty, expressed or implied, that the operation of the Program will be error-free. We are not liable for any loss of commissions or revenue due to bandwidth interruptions, software errors, tracking failures, cyber attacks, and or loss of data files.
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