Affiliate Agreement

Thank you for your interest in promoting and recommending Eugenie Kruger Homeopathy’s products and services.

This document sets out the terms of our agreement. Please read the whole agreement carefully. You agree that this document becomes a legally binding contract between us when you submit your details to request an Affiliate Account with Eugenie Kruger Homeopathy to provide you with a personalised affiliate link to use when you refer potential clients to the Eugenie Kruger Homeopathy website.

About Eugenie Kruger Homeopathy

Eugenie Kruger Homeopathy is owned by Eugenie Kruger in Perth, Western Australia and supplies quality Homeopathy remedies and kits, as well as Homeopathy consultations.

Contact Details

Eugenie Kruger

Kruger Universe ABN 916 512 640 96

Email Address [email protected]

Postal Address – PO Box 113, Stoneville, 6081

Enrolment as Affiliate

Enrolment is via application only through www.eugeniekruger.com

You will be required to provide your name, business name, ABN and full contact details. If you do not have an ABN, you will be required to complete an ATO “Statement by a supplier” form and submit this as part of your application.

Eugenie Kruger reserves the right to refuse your enrolment application if she believes this affiliate relationship is not in the best interest of either party.

Affiliate Management System

The affiliate relationship with Eugenie Kruger Homeopathy is managed through the Eugenie Kruger Homeopathy Website using Coupon Affiliates and Woocommerce.

Affiliate links are tracked by cookies on the end-user’s (whomever the affiliate shares the link with) internet browser for up to 180 days.

End-user must have support for browser cookies for the tracking to work effectively.

Eugenie Kruger Homeopathy is not responsible for payment commissions where the Affiliate link has not been tracked for any reason including where the end-user browser cookies are not working to provide the information required to confirm a successful conversion using the Affliate link provided.

As an affiliate, you will receive 5% commission of the total sale price – excluding shipping, taxes and the end-user’s 5% discount – for all orders of Eugenie Kruger Homeopathy products placed through your affiliate link.

All payment and all references to payments or money in this Agreement are in Australian dollars.

Eugenie Kruger Homeopathy may change this commission rate at any time, including increasing the commission percentage temporarily for promotional periods, from time to time.

In order to generate a commission, the referred client must:

• Use your properly coded affiliate link (it is your responsibility to ensure that the correct link is provided to the client) AND
• Pay for the order through www.eugeniekruger.com AND
• Orders that are refunded for any reason whatsoever do not attract a commission payment.

Your commission will be paid as a store credit on your user account at www.eugeniekruger.com

It is your responsibility to notify Eugenie Kruger Homeopathy of any changes to your contact details, email address or account.

The order price charged to clients includes GST.

Eugenie Kruger Homeopathy will be responsible for paying the GST on the whole purchase price charged to the client.

You are responsible for meeting all of your tax obligations in respect of your affiliate income.

Australian Consumer Law

Eugenie Kruger Homeopathy’ products and services are offered in compliance with Australian Consumer Law.

If a client has any problems, difficulties or complaints with their purchase, this is entirely the responsibility of Eugenie Kruger Homeopathy and your commission will not be impacted.

Order delivery and fulfilment

Eugenie Kruger Homeopathy is solely responsible for any products purchased from the Eugenie Kruger Homeopathy website.

Your obligations as an affiliate

As an affiliate of Eugenie Kruger Homeopathy , you agree

1. You are not authorised to collect payments from the sale of Eugenie Kruger Homeopathy products yourself.
2. You are not authorised to sell Eugenie Kruger Homeopathy products as a reseller through any other means other than using your official affiliate link.
3. You are not authorised to give away any Eugenie Kruger Homeopathy products for any reason whatsoever.

Any breach of this term (1-3) will result in immediate termination of your affiliate relationship with Eugenie Kruger Homeopathy , and Eugenie Kruger Homeopathy reserves the right to take appropriate legal action.

Customer Service

All clients who purchase products from Eugenie Kruger Homeopathy using your affiliate link become a client of Eugenie Kruger Homeopathy and are therefore subject to the terms and condition of working with Eugenie Kruger Homeopathy.

There is no client responsibility relationship between you and the purchaser in relation to the templates.

The affiliate commission is a store credit paid to you for your recommendation and introduction of Eugenie Kruger Homeopathy’ services resulting in a client purchasing from Eugenie Kruger Homeopathy .

Eugenie Kruger Homeopathy may change terms and conditions, business processes, available products and services or prices at any time.  You will be notified where any such change is likely to affect our current affiliate agreement.

Unacceptable Behaviour

Eugenie Kruger Homeopathy have a professional responsibility to maintain a good standing in both the local and online community and therefore cannot be affiliated with any person who is found to be conducting themselves in a manner that is personally and socially offensive, or seen to be advocating violence, discrimination of any kind, or engaging in illegal activity.

You agree that while this affiliate relationship is a means for you to benefit yourself through a store credit with Eugenie Kruger Homeopathy, you will not engage in spam email or other forms of internet abuse including spamming forums, blogs, twitter, Facebook, or other social media as a means to market, advertise or solicit salel which will result in the termination of this Agreement.

Spam means:

• Emails and email campaigns to people with whom you do not have an existing commercial or personal relationship
• Emails and email campaigns to people who have not consented to receive marketing information and material from you through a properly compliant opt-in subscription
• Posting irrelevant and off-topic message posts in Facebook groups without consideration to the group rules or theme days
• Cold private messaging people with the intention to sell the products the subject of this Agreement.
• Posts and comments on all social media, emails, and personal calls and letters that include unsolicited attempts to sell to the recipient

You may not use your affiliate links to gain commission on your own purchases of Eugenie Kruger Homeopathy products or services.

Our Relationship

This agreement does not create any partnership, joint venture, agency, franchise, sales representative or employment relationship between you and Eugenie Kruger Homeopathy.  Both parties are independent contractors in this affiliate relationship.

You understand and agree

1. You have no authority to make or accept any offers or representations on behalf of Eugenie Kruger Homeopathy .
2. You must not make any statement, whether on your website or in any other form, that would reasonably lead clients or members of the public to believe that you do have this authority.

Intellectual Property

You may use wording and imagery from the Eugenie Kruger Homeopathy website when directly promoting the templates.

You understand and agree:

• These images and copy and any other design resources remain the property of Eugenie Kruger Homeopathy ; and
• Your right to use them is limited to the term of this agreement and for the purposes set out in this agreement.
• Your right to use them is non-exclusive; and
• These images and copy and any other design resources are non-transferable and may not share them with another party for any reason;
• These images and copy and any other design resources are provided to you royalty-free for the term of this agreement and for the purpose set out in this agreement only.

You acknowledge that Eugenie Kruger Homeopathy is the sole owner of the copyright in the products and services that are being sold under this agreement and that you have had no part in their creation.

Term and Termination

This agreement begins when you are issued with your affiliate link and will ends when it is terminated by either party.

Either party may terminate this agreement at any time, by giving written notice to the other for any reason.  Disclosure of reason is appreciated but not necessary.

On termination of this agreement, all licenses to use Eugenie Kruger Homeopathy intellectual property and branding immediately cease.

You must remove any element of Eugenie Kruger Homeopathy branding from your website, or anywhere else that it is displayed within 7 days of termination.

Limitation of Liability

Eugenie Kruger Homeopathy is not liable for any damage or financial loss of any kind arising in connection with this agreement or your role as an affiliate, even if Eugenie Kruger Homeopathy had the knowledge or should reasonably have suspected that this damage or loss may occur. In any event, Eugenie Kruger Homeopathy’s entire liability arising in respect of this agreement or affiliate relationship will not exceed the total commission paid or payable to you under this agreement. Your liability towards Eugenie Kruger Homeopathy is subject to the same limitations.

In undertaking your role as an affiliate, you understand and agree

1. there is no guarantee that you will earn any income from this relationship.
2. Eugenie Kruger Homeopathy has no control over or responsibility for WordPress, WooCommerce or the Coupon Affiliates  plugin.
3. Eugenie Kruger Homeopathy cannot guarantee that the operation of the website or the affiliate links provided to you will be uninterrupted or error-free.
4. If there is a failure of service through my website, every effort will be made to correct or mitigate the issues arising, however Eugenie Kruger Homeopathy cannot be held responsible for any consequences that result from interruptions or errors in the service of these third parties.

Dispute Resolution

The services of Eugenie Kruger Homeopathy is located in Perth and this agreement is subject to the governing law of Western Australia.

If you have any issue or complaint arising out of this Affiliate Agreement, all parties agree to make a genuine effort to resolve any issues through discussion and negotiation.

If we are unable to resolve a dispute by negotiation and discussion within 14 days, we agree to proceed to mediation with the assistance of an accredited mediator and we agree to share the costs of mediation equally.

If we cannot agree on a mediator, we will request a mediator to be appointed by the Western Australia Law Society.

Litigation is to be considered as a last resort and may not be commenced until, in the opinion of the accredited mediator, the potential for negotiation and mediation have been exhausted.

We agree that any dispute or issues will be confidential between the parties and the mediator and both Parties will refrain from discussing any dispute or related issues or referring to each other in a disrespectful manner on any social media or public forum. This is to protect both parties’ professional reputation and relationship.

Other Matters

If any part of this agreement cannot be enforced for any reason, that part of the agreement is severed and will not affect the rest of the agreement.

Agreement

This document represents the whole agreement between you and Eugenie Kruger Homeopathy and replaces any earlier agreements, undertakings or conversations.

Eugenie Kruger Homeopathy may modify this agreement or any of its terms at any time will notify you of any such modifications by providing you with a new copy of this agreement. If you do not agree with any of the modifications, you are invited to discuss your concerns or terminate the affiliate relationship in accordance with the terms of this agreement, if you feel your concerns have not been resolved to your satisfaction.

Failure to provide written notice of termination in accordance with this agreement resulting in your continued participation as an affiliate of Eugenie Kruger Homeopathy will be considered evidence of your acceptance of the modified terms.

By proceeding with your application to be an affiliate you are deemed to have read and accepted this Affiliate Agreement and agree to be bound by the terms and conditions contained within it.