Affiliate Terms & Conditions

Katrina Loterzo Affiliate Program

Terms and Conditions

  1. The Katrina Loterzo Affiliate Program Terms and Conditions (these Terms and Conditions) govern the relationship between Katrina Loterzo Pty Ltd (A.B.N.84 340 673 285) (we, us, or Katrina Loterzo) and you, in your capacity as an Affiliate utilising the Katrina Loterzo Affiliate Program (you or the Affiliate).
  2. The Affiliate Program relates to the referral of Users to the Katrina Loterzo Website (the Website) by Affiliates, which result in sales or Content downloads on the Website
  3. When you register for the Affiliate Program, you express your acceptance of these Terms and Conditions, and agree to abide by them at all times.
  4. Katrina Loterzo reserves the right to change, modify, add or remove portions of these Terms and Conditions at any time and may add to, change, suspend or discontinue any aspect of the Affiliate Program at any time. In the event of any material change, we will notify you via e-mail.

Definitions

  1. In these Terms and Conditions:
    1. Affiliate means an individual or business that uses the Affiliate Program to generate sales or Content downloads on the Website, in exchange for Commission;
    2. Account means your Affiliate account on the Website;
    3. Affiliate Program means the Katrina Loterzo Affiliate Program;
    4. Authorised Advertising Activities means only the following activities:
      1. Posting Links on a website controlled by the Affilliate;
      2. Placing promotional banners provided to the Affiliate by Katrina Loterzo on a website controlled by the Affiliate
    5. Commission means an amount we agree to pay you, in exchange for each User referred to the Website, which results in the sale of a Product or the download of Content on the website;
    6. Content means visual, audio-visual, or audio material, which is made available for download by users of the Website;
    7. Link means a hyperlink placed on an Affiliate’s web site that, when clicked on, sends a User to the Website
    8. Product means any good or service sold on the Website by Katrina Loterzo;
    9. Registration means, the creation of an Account by an Affiliate;
    10. Term means the period of time for which these Terms and Conditions remain operative under clause 16 and, if applicable, any subsequent term under clause a7;
    11. Unauthorised Activities includes the activities set out in clause 15;
    12. User means any person, or user, who clicks on a link to the Website from the Affiliate’s website; and
    13. Value means the amount for which the User purchases a Product from the Website, not including GST.

The Affiliate Program

  1. Under the Affiliate Program, the Affiliate agrees to:
    • engage in Authorised Advertising Activities in order to refer Users to the Website; anD
    • refrain from engaging in any Unauthorised Activities;
  2. In exchange, Katrina Loterzo agrees to pay Commission to the Affiliate for
    • each sale, which results from the referral of a user to the Website through a Link posted by the Affiliate, at a rate of [50%] of the Value of each Product sold
  3. Affiliates will be paid pursuant to clause 7, no earlier than 45 days after the conditions of section 7(a) and 7(b) are met.

Affiliates

  1. If the Affiliate is an individual, he or she must be at least 18 years of age, and have capacity to enter into a contract.
  2. Affiliates must not be operators of websites, which contain pornographic materials of any form, illegal, discriminatory, hate, or hacking materials.

Registration

  1. In order to register for the Affiliate Program, you must select a username and password combination which you will use to access your Account, and must provide Katrina Loterzo with accurate, complete and updated registration information.
    1. In order for Registration to occur:
    2. all information required by Katrina Loterzo is provided by the person applying to become an Affiliate;
    3. the online registration form is completed and submitted to Katrina Loterzo; and
    4. Katrina Loterzo must approve the Registration.
  2. You agree that Katrina Loterzo may rely on any data, notice, instruction or request furnished to us by you.

Authorised Advertising Activities

  1. An Affiliate may engage in Authorised Advertising Activities for the purpose of referring Users to the Website.

Unauthorised Activities

  1. Katrina Loterzo reserves the right to unilaterally, with immediate effect and without notice, terminate these Terms and Conditions in accordance with clause 21, in the case that you engage in any of the following Unauthorised Activities:
    1. Include a Link, or any other material which we determine in our sole discretion, to be associated with Katrina Loterzo, in any unsolicited email or other communication, to any person, or in any other way contravene the Australian Spam Act 2003 (Cth) or the anti-spam legislation of any other country;
    2. Post a Link, or any other material, which we determine in our sole discretion, to be associated with Katrina Loterzo on a website, blog, forum or any other online space controlled by a party other than the Affiliate;
    3. Post illegal, pornographic, discriminatory or hate materials to the Affiliate’s website;
    4. Engage in hacking, or the uploading of any malicious or harmful material, including viruses and malware; or
    5. Permit Links or any other material, which we determine in our sole discretion, to be associated with Katrina Loterzo, to be posted to your website by a third party.

Term

  1. Unless otherwise provided by these Terms and Conditions, these Terms and Conditions are operative from the time when Registration occurs, and continues six (6) months from the date of Registration.
  2. We may, in our absolute discretion, which will not be unreasonably withheld, provide to the Affiliate an option to renew these Terms and Conditions for a further six (6)-month period.
  3. If the option to renew the term of these Terms and Conditions is exercised by the Affiliate, then these Terms and Conditions will apply.

Termination

  1. Unless otherwise provided in these Terms and Conditions, these Terms and Conditions will be terminated at the conclusion of the Term.
  2. Either party may terminate these Terms and Conditions by providing the other party with two (2) weeks’ written notice.
  3. Katrina Laterzo may terminate these Terms and Conditions with immediate effect, and without notice, if the Affiliate causes an Unauthorised Activity to be engaged in.

Representations and Warranties

  1. By agreeing to these Terms and Conditions, you warrant that:
    1. you are at least 18 years of age;
    2. only you, and no other person will engage in Authorised Advertising Activities;
    3. you will inform Katrina Laterzo of any known or suspected unauthorised uses of your account;
    4. you will inform Katrine Laterzo of any known or suspected breach of security, including loss, theft or unauthorized disclosure of Your username and password
    5. you will not engage in, or permit the doing of any Unauthorised Activity; and
    6. you will be responsible for maintaining the confidentiality of your username and password and you will be responsible for all usage and activity of your Account.

Limitation of Liability

  1. Katrina Laterzo accepts no responsibility whatsoever for harm caused by any illegal conduct, fraud, misleading and deceptive conduct, or any other activity, conducted by the Affiliate.

Indemnity

  1. To the fullest extent permitted by applicable laws, you agree to indemnify Katrina Loterzo from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract, including and without limitation, negligence) arising out of or in any way connected to your use of the Hosting Services.

Jurisdiction

  1. These Terms and Conditions are governed by and construed in accordance with the laws of the State of New South Wales. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of New South Wales and the Courts of Appeal for determining any dispute concerning these Terms and Conditions.

Severability

  1. Should any part of these Terms and Conditions be or become invalid, that part shall be severed from the remainder of these Terms and Conditions and such invalidity shall not affect the validity of the remaining provisions.

Payment

  1. Affiliate is required to email kat@katloterzo.com with an invoice of total affiliate earnings 45 days after affiliate sale is made. 

These Terms and Conditions were last updated on 27 January 2016.