Our affiliates are very important to us. We will do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. We have written the following affiliate agreement with you in mind, as well as to protect our company’s good name. So please bear with us as we take you through this legal formality.
By signing up to be an affiliate in the ShowBlock Affiliate Program (the “Program”) you agree to be bound by the following terms and conditions (the “Terms”). Please ensure that you read them carefully before signing up. These Terms are a legal agreement between ShowBlock Wines Pty Ltd (“ShowBlock”, “we”, “us”) and You (the “Affiliate”, “you”).
We reserve the right to update and change the Terms from time to time without notice. Any amendments, modifications, enhancements or changes to the Program including the release of new features and resources made available by us from time to time shall be subject to these Terms. Continued use of the Program after any such changes shall constitute your consent to such changes. Any violation of these Terms may result in, among other things, termination or suspension of your rights to be an Affiliate and forfeiture of any outstanding affiliate referral fee payments earned during the violation. We may cancel your application if we determine that your site is unsuitable for our Program, including if it: Promotes sexually explicit materials, Promotes violence, Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, Promotes alcohol to minors, or encourages illegal and irresponsible consumption of alcohol.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process for an Affiliate account (“account”). You must be 18 years of age or older to join this Program.
Each account is for use by either a single legal entity (e.g. a company or a partnership) or an individual user. You may provide Invitees with access to your account by inviting them to register as a user of your account. We do not permit you to share your username and password with any other person nor with multiple users on a network. Responsibility for the security of any usernames and passwords issued (including those of any Invitees) rests with you. If you provide or otherwise make available access to your account in whole or in part in any form to any person including your employees, (“Invitees”) you undertake to ensure that all Invitees comply with these Terms and acknowledge that you shall remain responsible and liable for the acts or omissions of all Invitees to the same extent as if you had carried out such acts or omissions yourself. You may not use the Program for any illegal or unauthorised purpose. You must not, in the use of the Program, violate any laws in your jurisdiction (including but not limited to copyright laws).
Under Australian law, alcoholic beverages can only be sold or supplied to persons aged 18 years of age or over. By joining ShowBlock Wines Affiliate Program and/or placing an order you are confirming to us that you are at least 18 years of age. ShowBlock Wines encourages the legal and responsible consumption of alcoholic beverages.
Once you have signed up for the Program you will be provided with a URL link that must be used to identify you when placing a link from your site, email or other communications to the ShowBlock website. It is your responsibility to ensure each such link is correctly formatted. You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. You may not use our name or graphics in any bulk email whatsoever unless we have given our advanced written consent. We may terminate the Agreement if any meaningful spam complaints naming us or our services result from your marketing activities. You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, except as expressly permitted by this Agreement.
For commission to be earned, the customer must click-through a link from your site, email, or other social media communications to the ShowBlock website and purchase a product. We will only pay referral fees on links that are automatically tracked and reported by our systems. For our systems to track the referral, the visitor must have cookies enabled. We will not pay referral fees if someone says they clicked through you but it was not tracked by our system. Referral fees will be credited to your nominated Australian bank account monthly.
Accrued referral fees are paid once per month and only when your accrued referral fees total $50 AUD or more. You must have a valid Australian bank account to receive referral fees, as we don’t offer payment via cheque/check, credit card, cash, international transfer or other method. To simplify invoicing between us, we will issue self-billed invoices for all referral fees during the term of this Agreement. The invoice will show your name, address and ABN. You undertake to update your Affiliate account promptly for any changes to such details. Customer payments refunded or payments charged-back due to credit card fraud do not qualify for referral fees. We may delay crediting of referral fees subject to risk analysis considerations and Anti-Money Laundering procedures. A summary of purchases and statement of referral fees is available to the Affiliate by logging into their Affiliate account. The referral fee structure is subject to change at our discretion. We reserve the right to disqualify referral fees earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. All fees are exclusive of all taxes, charges, levies, assessments and other fees of any kind imposed on your involvement in this Agreement and shall be the responsibility of, and payable by you.
Every customer who buys a product through this program is deemed to be a customer of ShowBlock. Accordingly, all of our rules, policies, and operating procedures concerning pricing, customer orders, customer service, and services sales will apply to those customers. We may change our policies and operating procedures at any time. ShowBlock is not responsible for any representations made by the Affiliate that contradict our rules, policies or operating procedures.
We will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Prices and availability may vary from time to time. Because price changes may affect services that you have listed on your site, you should not display 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 service.
You are solely responsible for ensuring that your reviews, product descriptions and articles (if applicable at your site) obey all applicable copyright, trademark, and other laws. ShowBlock will not be responsible if you use another party’s copyrighted or trademarked material in violation of the law.
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your address on our records, is considered sufficient notice to terminate this Agreement. ShowBlock reserves the right to end the Program at any time. Upon Program termination, ShowBlock will pay any legitimate outstanding earnings.
ShowBlock, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program. Such termination will result in the deactivation or deletion of your Affiliate account, and the forfeiture and relinquishment of all potential or accrued referral fees in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to the ShowBlock website and all our images and other materials provided under the Program.
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Agreement.
The Company and any of the Company’s officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence, contract or otherwise) in connection with this Program. ShowBlock does not make any representations or warranties of any kind, express or implied, in relation to all or any part of the Program, and all warranties and representations are hereby excluded to the extent permitted by law. If you have any questions or queries regarding the use of this Program or the content contained herein, please feel free to contact us at firstname.lastname@example.org
All notices given by you to us must be given to ShowBlock Wines Pty Ltd at email@example.com. We may give notice to you at the e-mail address you provided to us when registering. Notice will be deemed received and properly served 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control (a “Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government. Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.
If we fail, at any time to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled hereunder, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
This legal notice shall be governed by and construed in accordance with the law of South Australia. By creating an affiliate account you hereby agree to the terms and conditions of the agreement. If you have any further questions please don’t hesitate to contact us by email at firstname.lastname@example.org or by phone on (08) 8383 0980.