This agreement (ASN Affiliate Agreement) describes the terms and conditions for participation in the ASN Affiliate Program. The terms “Affiliate,” “you,” and “your” are referring to you, the person who is applying to participate in our affiliate program. “We” and “our” refer to ASN Online Limited.
You and we are independent parties and you agree that this Agreement shall not create any form of partnership or employer-employee relationship between us. If you are accepting this Agreement on behalf of another person or a company, you agree that you have authority to bind them.
To be eligible to participate as an affiliate, you must be at least eighteen (18) years old, and have a valid tax file number and/or GST number. During the registration process, you may be asked to provide certain information. In providing this information you represent and agree that all information is, and will remain, truthful and current.
We reserve the right to determine whether you are eligible or terminate your participation with us at any time, without notice. We reserve the right to terminate your account at any time without notice or reason, but specifically, we may do so if you or your site or social media accounts violate any term of this Agreement or any applicable law. Termination of your account for breach or violation of law may include forfeiture of any compensation owed and disgorgement of any already paid.
This Agreement will begin upon our acceptance of your affiliate application and will end when terminated by either party, but we may terminate this agreement at any time, without notice, for your breach or violation of the law.
Termination may occur at any time, with or without cause, by giving the other party written notice of the termination in accordance with this Agreement. Once the Agreement is terminated, you will immediately cease your participation with the site, remove any offers, content, links or creative that has been provided to you by us or our advertisers. Once terminated you will forfeit any rights to any compensation from the date of termination.
We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion, regardless of the dissimilarity that may occur between the amended version of the Agreement and the original version. These modifications may include but are not limited to: changes in the scope of available referral fees, fee schedules, payment procedures and rules relating to our affiliate program. If any of the modifications are unacceptable to you, you must immediately terminate this Agreement and notify us of such notification; you must not continue participating in the affiliate program. By continuing to participate in the program following the posting of a Change Notice or amendments to this Agreement, you are indicating that you accept the modifications and agree to comply with them.
The schedule for you to receive compensation is based on the occurrence of a valid event, which is governed by the terms of the offer and its requirements. We reserve the right, in our sole discretion, to determine the validity of any event that would lead to compensation to you. Furthermore, we will have no obligation to pay for invalid actions or if the advertiser(s) fails to remit payment.
Depending on the particular offer, your compensation may be based on 3% of the gross revenue as a commission from the particular valid action that would trigger compensation to you (i.e. orders placed using your coupon code or link). You will only be paid for legitimate compensation that was earned, which is determined by us in our sole discretion. Payment will be made by an approved method that will be posted on the site, and in NZ Dollars (CONVERTED TO ASN POINTS) unless otherwise agreed on by both parties in writing.
For a sale too generate a commission to an Affiliate, the customer must complete the order form, remit full payment for the service ordered, and have their installation completed. You will receive 3-5% for orders placed through your links and coupon codes. Affiliate commissions will only be paid on sales which are made through qualified Affiliates.
Compensation can only be earned between the acceptance of the Affiliate application and notice of termination. Any returned checks, chargebacks, or fees from a returned order will be adjusted in the following fee payment. If no fee payment is due, a billing invoice for the amount will be issued.
Affiliates must have an active link on their website or be posting once a week on one of their social media platforms they provided in their application. In order to qualify for commissions on sub-affiliate sales in any given month, an affiliate must personally sell at least one order during that month. Affiliate will also be responsible for all taxes and fees that they may incur.
ASN Online Limited will be solely responsible for processing every order placed by a customer on the Affiliate and sub-affiliate sites. Customers who purchase products and services through the ASN Affiliate Program will be deemed to be customers of ASN Online Limited. Prices and availability of our products and services may vary from time to time. ASN policies will always determine the price paid by the customer. We reserve the right to reject any order that does not comply with our rules, operating procedures and policies.
As stated above, your eligibility to participate with an affiliate website depends on several things including how you promote the products or services. ASN Online Limited reserves the right, in its sole discretion and without explanation to you, to reject your participation in the ASN Affiliate program based on site content. For example, Sites that do not qualify for the ASN Affiliate Program include, but are not limited to, sites that:
You must not under any circumstances engage in fraudulent, unfair, or deceptive practices when participating in our ASN Affiliate Program. This includes, but is not limited to: the practice commonly known as “cookie stuffing,” offering non-existent incentives as a reward for purchasing items, or any other fraudulent, unfair, or deceptive practice.
We reserve the right to determine, in our sole discretion, whether you or your site/social media account has utilised any fraudulent method or is engaging in deceptive tactics. We may suspend or terminate your account if we have any reason to believe that you are committing fraud or deceit and at any time, in our sole discretion. If your account is suspended or terminated for fraud you will forgo any rights to compensation both paid, and unpaid.
Unsolicited Commercial Email – ASN Affiliate Program in no way participates in mass unsolicited emailing (i.e. spamming), and all Affiliates are expected not to do anything that would violate this policy. Violation of this policy will result in the termination of the Agreement and immediate dismissal from the ASN Affiliate Program, with no refund or payments made for affiliate commissions earned.
Once you are approved, and so long as you remain eligible, you are granted a non-exclusive, revocable, limited non-transferable license to use materials that are provided to you by us or an advertiser for a particular offer. You do not have any intellectual property rights in any of those materials. Furthermore, any data that is collected or generated through your efforts, use, or participation are deemed to be confidential information of our company and become wholly owned by us and/or the brands we sell.
This information is proprietary to us or the brands we sell, and is considered a trade secret. You will remain responsible for its accuracy and safeguarding it, which includes not reproducing it or storing it in un-secure locations. You will not disclose any of this data to anyone outside of this Agreement and will notify us within two (2) hours if you believe the data or your site has been compromised. You will be liable to us for any claims, whether brought or threatened, that is connected to the use or misuse of our site or the data.
You agree not to hold us liable for any damages related to issues beyond our control, including but not limited to, acts of God, war, terrorism, insurrection, riots, criminal activity, natural disasters, disruption of communications or infrastructure, labor shortages or disruptions (including unlawful strikes), shortages of materials, and any other events which are not within our control.
You agree to indemnify us for and defend against any actions by third parties related to your participation in our program. For example, if you violate our anti-spam policy, and we get sued as a result of your activity, you must indemnify us for the damages and legal fees that you cause us to incur.
We make no express or implied warranties or representations with respect to the ASN Affiliate Program or your potential to earn income from the ASN Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or downtime. We express disclaim all warranties, whether written or oral. We will not be liable for any damages that you, or any third party, may incur as a result of your use or misuse of our site or promotion of any offer or loss of any data. In jurisdictions that limit or do not allow these exclusions our maximum liability will not exceed any amounts paid to you within the previous three (3) payments.
If any Court strikes down any provision or sentence of this Agreement the rest shall remain intact and in full force and effect.
This Agreement will be governed by the laws applicable in the country of New Zealand, without reference to rules governing conflicts of laws. Any action relating to this Agreement must be brought in a court of competent jurisdiction located in New Zealand, or if no such court of competent jurisdiction exists in that geographical area, then the next closest court which has jurisdiction to hear the action; you irrevocably consent to the jurisdiction of these and only these courts. The prevailing party in any dispute or legal action will be entitled to its reasonable attorneys’ fees and costs.
You may not assign your rights or obligations under this Agreement, by operation of law or otherwise, without our prior written consent. We, however, may assign or transfer our rights and obligations under this Agreement to a third party where we believe it appropriate? for example, if we sell our business to a third party. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
By joining our ASN Affiliate Program, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.
Please note: NO COMMISSION is paid on your original purchase through the ASN Affiliate Program. In other words you cannot buy from yourself or be your first purchase for the sole purpose of discounting your own product purchase.