Affiliate Program Terms & Conditions

Neuromagnetics Australia Affiliate Program Terms and Conditions

This Agreement commences when we notify you that we have accepted your application to participate in the Neuromagnetics Affiliate Program. By participating in this Program, you represent to us that you agree to be bound by these Terms and Conditions. These Terms and Conditions make up a legally binding agreement for your participation in the Neuromagnetics Affiliate Program. Unless the context requires otherwise, Neuromagnetics Australia Pty Ltd and/or their assigns shall be referred to as 'us, we, or our' and you shall be referred to as 'you, your or affiliate.'


1. Commissions
We agree to pay you certain Commissions as described on our website for referral sales made by customers.

2. Payment
We will pay you Commission monthly in arrears within 30 days after the completion of the 30 day money back satisfaction guarantee. 

You agree to accept payment via your nominated PayPal account or electronic bank transfer.  

We will adjust any Commission paid or payable for refunds or for variations. We will deduct (or pay) the adjustment amount in your next Commission payment.

3. Indemnity
You understand that we and/or our assigns does not guarantee or predict any type of profit or response from said Affiliate Program. However we are not liable for and you release us from any indirect loss or damage (including without limitation any loss of revenue, profits or data) arising under or in connection with this Agreement or the Affiliate Program.

We disclaim any express or implied warranty representation and are not liable for the consequences of any interruptions or error in our website or the Affiliate Program.

4. Terms
We may terminate your account if you violate our Terms and Conditions, promote us in a manner that is unethical or inappropriate or for any reason at our sole discretion.

Delivery of notice by email to the email address given in your application is deemed to be delivery of notice. You agree to notify us if your address, email address, telephone number, billing information and any other information associated with your affiliate account changes.

We may terminate this Agreement immediately if your website contains content or materials that in our absolute discretion causes or is likely to cause damage to our reputation or the reputation of our partners or customers. We may immediately terminate this Agreement if your website includes content that is false or misleading, obscene, promotes violence, discrimination or illegal activities or infringes the intellectual property rights of any third party.

If we learn of a violation or likely violation of this Agreement, we will attempt to notify you. If you do not take immediate remedial action to our satisfaction, or in the event of a serious violation of the Agreement, we reserve the right to immediately terminate your account. Every effort will be made to inform you prior to the termination of your account, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances.

DUPLICATE CONTENT
It is against your affiliate Agreement to republish duplicate content from any of our websites including but not limited to www.qmagnets.com, www.neuromagnetics.com and www.equineq.com or our email sequences. You can create your own modified original content or use the content provided in the Affiliate Centre.

SPAM
It is against your affiliate Agreement to advertise our website, products, or other websites promoting our products, via unsolicited email (SPAM). Do Not send unsolicited email to promote us or our products, or you will be in violation of your affiliate Agreement and your account will be terminated, forfeiting all outstanding referral fees. YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY AND WITHOUT WARNING SHOULD YOU USE OUR SYSTEM AS PART OF ANY BULK EMAIL CAMPAIGN. You may also be subject to fines and legal actions as a result of your bulk email promotions.

HOTLINKING
Hotlinking, (also known as inline linking, leeching, piggy-backing, offsite image grabs and direct linking) is the act of stealing bandwidth by linking directly to another website's files (images, video, audio, etc.) for the purpose of displaying them on your website. It is against your affiliate Agreement to link directly (hotlink) to our images and media files.

5. Assignment
This Agreement is personal to you. You may not assign your rights under this Agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you were to use your account, you shall remain liable to us for any fees due under this Agreement. We may assign this Agreement at any time.

6. Change of Terms and Conditions

We may change these Terms and Conditions at any time, including commission levels and how we calculate and pay commission under this Agreement.

7. Force Majeure

Neither you nor we are liable to the other nor deemed to be in breach of this Agreement if there is a failure to perform, or delay in performing, this Agreement if the failure or delay is beyond that party's reasonable control. Without prejudice to the generality of the foregoing, we are not liable to you if our website is down for any reason.

8. General Provisions

This Agreement constitutes the entire Agreement between us pertaining to its subject matter and supersedes all prior Agreements, representations, and understandings.

The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions.

If any portion of this Agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this Agreement shall remain in force.

This Agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument.

If an organization is the affiliate, the individual signing up to this program represents that he or she is duly authorized to enter into this Agreement on behalf of that organization.

In the event of a dispute, the parties agree to submit the matter to a recognized Arbitration Board located within our state, before instituting litigation.

 

James Hermans
Managing Director