Kaity Griffin Affiliate Program Terms of Service
By signing up to be an Affiliate in the Kaity Griffin Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions of service (“Terms of Service”).
Kaity Griffin reserves the right to update and change these Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, will be subject to the Terms of Service. Continued use of the Program after any such changes constitutes your consent to such changes.
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party.
You must sign up at https://kaitygriffin.com/affiliates/. You must provide your legal full name, a valid email address, and any other information requested to complete the signup process.
When signing up you represent and warrant that you:
- are 18 years or older;
- are human. Accounts registered by “bots” or other automated methods are not permitted;
- will only create one account – a single login shared by multiple people is not permitted; and
- will comply with all laws when using the Program.
You are solely responsible for maintaining the security of your account and password. You are solely responsible for all Content posted and any activity that occurs under your account.
You must not use the Program:
- for any illegal or unauthorized purpose;
- to earn money on your own product accounts; or
- to purchase products for your own use.
Such purchases may result (in our sole discretion) in the withholding of Commission payments and/or the termination of this Agreement.
Links/graphics on your site, in your emails, or other communications
Once you have signed up for the Program, you will be assigned a unique code (“Affiliate Code”). You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your website, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to our website at https://kaitygriffin.com/. We retain all Intellectual Property Rights in all materials provided to you, and at no stage do you obtain any proprietary rights in such materials.
To permit accurate tracking, reporting, and Commission accrual, we will provide you with link formats to be used in all links between your website and our website, https://kaitygriffin.com/. You must ensure that each of the links between your site and our website properly utilise such special link formats. Links to our website which properly utilise such formats are referred to as (“Special Links”)” You will earn Commission only with respect to sales on a product occurring directly through Special Links.
All Special Links should point to the page of the product being promoted.
Commissions and payment
A 20% Commission (“Commission”) is payable for a product sale.
For a product sale to be eligible to earn Commission, the customer must click-through a Special Link from your site, email, or other communications to our website, https://kaitygriffin.com/ and complete an order for a product during that session.
We will only pay Commission on Special Links that are automatically tracked and reported by our system. We will not pay Commissions if a customer claims to have purchased the product or claims that they entered a code if it was not tracked by our system. We can only pay Commission on business generated through properly formatted Special Links that were automatically tracked by our systems.
The cookie duration of your Special Link is 90 days; only if a customer has clicked on your Special Link and has bought a course any time within the next 90 days, will you receive Commission. If the customer has bought a course after the 90 day mark it will not register in our system and therefore the Commission will not be paid out. The Special Link also has last link attribution, if a customer clicks on two separate affiliate links in that 90 days, the Commission will go to the owner of the last clicked special link.
The customer has an option to pay for the course using payment plans of either 3 months or 6 months. We will only pay Commission on the month of each payment instalment. In case the customer defaults or does not make an installment, we will cancel their plan and you will not be paid any further Commission.
The Commission is only for future orders after the customer has clicked on the Special Link and does not include any backdated or past orders.
The Commission is only paid to you after any refund or money back guarantee periods have elapsed.
We may at any time, at our sole discretion, disqualify Commissions we consider earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Identifying yourself as a Kaity Griffin Affiliate
You must not:
- issue any press release in relation to your participation in the Program;
- misrepresent or embellish the relationship between us and you;
- say you develop our products;
- say you are part of Kaity Griffin or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
Payments only begin once you’ve earned more than $20 in affiliate income (“the threshold”). If your account never crosses the threshold, your Commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the threshold.
As long as your current affiliate earnings are over the threshold you’ll be paid each month. If you haven’t earned money since your last payment, we’ll pay you the following month after you’ve crossed the threshold.
Customers and Prices
Customers who buy products through the Program will be deemed to be Kaity Griffin customers. Accordingly, all of our terms and conditions, policies and procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change these at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties). In addition, we make no representation that the operation of our website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
You are responsible for your own website
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
- the technical operation of your site and all related equipment;
- ensuring the display of Special Links on your site does not breach any agreement with any third party;
- the accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links);
- ensuring that materials posted on your site do not infringe upon the rights of any third party (including, for example, any third party Intellectual Property Rights);
- ensuring that materials posted on your site are not libelous or otherwise illegal;
Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, including but not limited to the Australian Consumer Law in relation to advertising and marketing, and in particular you must not being misleading or deceptive in any way. You must also comply with all Spam Laws.
We may, in our sole discretion suspend or terminate your account and refuse any and all current or future use of the Program, or any other service, for any reason at any time. Any breach of these Terms of Service will result in the termination of your account and forfeiture of any outstanding Commission payments earned and all potential or to-be-paid Commissions in your account.
Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://kaitygriffin.com/ and all of our trademarks, logos, and all other materials provided by or on behalf of us to you pursuant to this Agreement, or in connection with the Program. We reserve the right to end the Program at any time. Upon Program termination, Kaity Griffin will pay any outstanding earnings accrued above the threshold.
Liability and Indemnity
To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our Website or the Program, including, but not limited to, any errors or omissions, unauthorised access to your account, failure by customers to use Special Links or incorrectly type your Affiliate Code, price changes or discontinued Programs, your reliance on any of our information, any visitor posts and content, any links to third party websites, any interruptions, any changes, suspension or termination of our Website and Program.
To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:
- the replacement of the Program or the supply of a similar Program; or
- the payment of joining a similar Program.
In any case, our liability to you will not exceed the amount of $100.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including, but not limited to where you provide incorrect information, and any breach of our Intellectual Property Rights.
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs; except that, to the extent you have in any manner breached our Intellectual Property Rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction.
This Agreement is to be construed in accordance with the laws of VIC Australia, and you and we submit to the jurisdiction of the courts of VIC, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between the terms in this document, and other terms and conditions on our website, these terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. The parties to this Agreement are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. All obligations and liabilities in these Agreement survive termination of this Agreement.
“Affiliate, you, your” means you, the referrer or affiliate who is agreeing to these terms and conditions.
“Agreement” means these Terms of Service and any updates, and all other website terms and conditions.
“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010.
“Claim” means any claim, under statute, tort, contract or negligence, any demand, award or costs.
“Intellectual Property Rights” means our intellectual property, including all trademarks, domain names, brand names, and copyright, whether registered or unregistered.
“Kaity Griffin /”we”/”us” means KG INDUSTRIES PTY LTD t/as Kaity Griffin [ ABN 85 165 750 890
] and includes any of our directors, officers, employees, agents, partners and contractors.
“website” means https://kaitygriffin.com/ and everything available on this website including, but not limited to, all products and any services.
“Loss or Damage” means any direct, indirect, consequential or incidental loss or damage, including but not limited to any loss, personal injury, death, negligence, loss of profits, revenue, salary, property damage, loss of enjoyment, virus or damage to your systems, or reliance on this Agreement.
“Spam Laws” means the Spam Act 2003 (Cth) and any amendments from time to time.