Affiliate Terms & Conditions
This website with URL address https://juicecreativewebdesign.com.au is owned and operated by Juice Creative Web Design (86 956 014 101).
Please read these Affiliate Terms and Conditions carefully before applying to become an Affiliate, as they set out Divi Soup’s and your legal rights and obligations in relation to our Affiliate Programme. You will be asked to agree to these Affiliate Terms and Conditions before becoming an Affiliate.
Please be aware that this Agreement is designed for use in connection with a website affiliate programme where affiliates apply to join the programme online and there is therefore no signed paper copy of the Agreement. In addition, this Affiliate Programme is intended for the direct participation of each Affiliate.
1. Definitions and interpretation
1.1 In the Agreement:
“Application Form” means an online application form available at the website of Juice Creative Web Design ( https://juicecreativewebdesign.com.au/affiliate-terms/) which is deemed to be an integral part of this Agreement and enables users to apply to become Affiliates;
“Affiliate” means any legal entity and/or any individual conducting business activities and registered as an entrepreneur specified as an applicant for our Affiliate Programme on the Application Form ;
“Affiliate Programme” means the Juice Creative Web Design affiliate programme detailed in the Agreement and on the Juice Creative Web Design Website;
“Affiliate Website” means the website or websites owned and operated by the Affiliate and specified by the Affiliate on the Application Form;
“Agreement” means the agreement between Juice Creative Web Design and the Affiliate incorporating these Affiliate Terms and Conditions, the Application Form and any amendments to it from time to time;
“Link” means a hyperlink (whether in text or in an image or otherwise) from the Affiliate Website to the Juice Creative Web Design Website enabling Juice Creative Web Design to track visitors from the Affiliate Website to the Juice Creative Web Design Website using its affiliate tracking system;
“Juice Creative Web Design Website” means those websites specified by Juice Creative Web Design in the Acceptance Email, plus any other websites notified by Juice Creative Web Design to the Affiliate from time to time
“Commission” means payments provided by Juice Creative Web Design to Affiliates for referred customers
2. Rights and Obligations of Juice Creative Web Design
Juice Creative Web Design is at any time and at its sole discretion entitled to alter any terms and/or conditions contained in this Agreement or replace them with other provisions by placing an alteration notice or a new agreement at Juice Creative Web Design website while informing Affiliate(s) at their email addresses given in their Application Forms about this occurrence. The aforementioned alterations may refer to changes of amount of Commissions and in the Affiliate Programme. Continued participation in the Affiliate Programme means that the Affiliate has accepted the alterations and is bound to the altered Agreement. Should an Affiliate not agree to these alterations, then the Affiliate has the right to terminate the Agreement without having any further claims (rights) against Juice Creative Web Design.
2.2 Rules of Acceptance/Non – Acceptance of Application
In order to join the Affiliate Programme, every Applicant shall accept the terms and conditions of the Agreement through ticking the box indicating their commitment while completing and submitting an Application Form available online. Juice Creative Web Design has the right to evaluate the Application and to determine at its sole discretion as to whether or not the Application will or will not be accepted. The decision of Juice Creative Web Design on the Application shall be deemed final and is therefore not subject to any appeals and objections. Juice Creative Web Design will inform every Applicant as to whether their application has been granted or rejected.
3. Affiliate Rights and Obligations
3.1 Linking to Juice Creative Web Design Websites
Upon the granting of the Affiliate ’s Application, every Affiliate agrees to establish and maintain links from their websites to the Juice Creative Web Design Website. Every Affiliate has the right to link to Juice Creative Web Design with any of Juice Creative Web Design creative materials (for instance banners, emails, articles, leaflets, images, logos or a text link and editorial columns) and this is the only means by which the Affiliate is permitted to promote and advertise on behalf of Juice Creative Web Design. However, the Affiliate shall have no authority to and shall not bind Juice Creative Web Design to any obligations as well as it also has no authority to make any claims or representations or grant any warranties in connection with Juice Creative Web Design or on behalf of Juice Creative Web Design. Additionally, the Affiliate is allowed to use approved advertising creative material and will not modify it in any way and refer to this material as it is available at Juice Creative Web Design Website.
3.2 Unlawful Conduct
The Affiliate is not permitted to:
(a) include any unlawful materials on the Affiliate Website, or include any hyperlink to anything prohibited by law Materials on the Affiliate Website;
(b) market the Affiliate Website using spam or unsolicited emails or other unsolicited communications, or using any form of spyware, adware or similar software, or using any other antisocial or deceptive methods;
(c) take any action in connection with the Affiliate Programme which might reasonably be expected to lead to the possibility of damage to the reputation and goodwill/reputation of Juice Creative Web Design and/or the Juice Creative Web Design Website;
(d) promote and advertise services of Juice Creative Web Design contradictory to rules specified in the Agreement.
Juice Creative Web Design has the right to terminate the Agreement with immediate effect if any of the aforementioned circumstances occur and/or to claim damages against the Affiliate.
3.3 Services in favour of Juice Creative Web Design
Through this Agreement, each Affiliate is granted the non – exclusive and non – assignable right to direct and recommend customers to Juice Creative Web Design Website pursuant to these Affiliate Terms and Conditions. Juice Creative Web Design remains free to contract or not to contract with customers provided by an Affiliate and the Affiliate has no right or privilege to assist Juice Creative Web Design within services resulting from such referrals.
3.4 No Traffic and Abusing Activities
No Affiliate will benefit from known or suspected traffic and refrain from any activities connected or/and related hereto which could cause damages to Juice Creative Web Design or/and the Juice Creative Web Design Website. Juice Creative Web Design is entitled to withhold/suspend any affiliate payments and/or closed down accounts if Juice Creative Web Design will have founded suspicion of such traffic activities. The same applies if affiliated customers are found to be abusing any Juice Creative Web Design offers or promotions and this irrespective of the knowledge or lack of knowledge of the Affiliates.
3.5 Affiliate Website
Each Affiliate participating in the Affiliate Programme shall be solely responsible for the establishment, development, operation, maintenance and contents of their own website as well as for all materials posted on this website. Juice Creative Web Design hereby deny and exclude all and any responsibility and liability for these materials and the Affiliate undertakes to indemnify Juice Creative Web Design and hold it blameless from all claims, damages, expenses, fees, costs and any other encumbrances that may arise directly or indirectly from the establishment, development, operation, maintenance and contents of Affiliates Websites.
No affiliation may be made and established between Juice Creative Web Design Website and any Affiliates Websites.
3.7 Grant of Licence / Intellectual Property Rights
Juice Creative Web Design hereby grants to each Affiliate a non – exclusive, non – transferrable license within the duration of the Agreement to use trade names, trade marks, service marks, logos and any other designations of Juice Creative Web Design (“Intellectual Property”) solely and only in connection with the display of the advertising/promotional material on the Affiliate Websites. The Affiliate is not allowed to grant any sub-license and/or to transfer or/and contribute the license to any entity/individuals directly or indirectly. The Affiliate undertakes to refrain from any attack and shall cause any third party to refrain from any attack against the Intellectual Property and inform Juice Creative Web Design forthwith about any misuse of the Intellectual Property by any third party. Furthermore, the Affiliate shall not assert the invalidity, unenforceability, or contest the ownership of the Intellectual Property in any action or proceedings and shall not take any action that may prejudice the Juice Creative Web Design right in the Intellectual Property or/and to diminish their validity and standing.
Each Affiliate agrees to treat all information directly or indirectly disclosed to it by Juice Creative Web Design relating to business, operations, technology, clients and/or the Affiliate Programme of Juice Creative Web Design as strictly confidential and will not without obtaining the prior written consent of Juice Creative Web Design disclose any part of this information to any third party. In addition, each Affiliate undertakes to use the confidential information only for the purposes of the Agreement. The confidentiality undertaking shall not apply to information which has become available to the public generally. The obligation of the Affiliate with respect to confidential information shall continue to apply to the Affiliates for an unlimited period of time.
3.9 Data Protection
Each Affiliate is aware and acknowledges that Juice Creative Web Design, directly or through third parties collect and processes personal data relating to Affiliates. You as an Affiliate consent to Juice Creative Web Design holding and processing, both electronically and manually, the data which relates to You for the purposes and execution of the Agreement. In accordance with the Data Protection Act, Juice Creative Web Design will only hold this information for as long as it is appropriate to execute the Agreement.
4.1 General Terms
Each Affiliate will receive a Basic Commission totalling 20% from the sale amount of referred customers.
4.2 Payable Commission
Juice Creative Web Design will provide the Affiliates with all commission payments due by the 1st day of each calendar month (“Date of Payment”) , unless the amount due is less than 25 GBP , in which case the payment may be held over to the next accounting date. All payments are made through PayPal.
5. Commencement and Termination of The Agreement, Legal Consequences
5.1 Commencement and Termination
The Agreement will become effective on the day on which the Affiliate will be approved as an Affiliate in accordance with the terms and conditions of the Agreement.
Each party is entitled to terminate the Agreement in writing at any time and with immediate effect. For purposes of notification of termination, delivery via email shall be deemed a written and immediate form of notification.
5.2 Legal Consequences
Upon termination, each Affiliate is obliged to remove all of Juice Creative Web Design’s banners/logos/designations etc. from Affiliate website and to disable all links from Affiliate website to Juice Creative Web Design website. All rights, licenses and other privileges to the Affiliate shall also be terminated with immediate effect. The Affiliate shall return to Juice Creative Web Design any confidential information and all copies of it and its right to use Intellectual Property of Juice Creative Web Design will cease forthwith.
6. Relationship between Juice Creative Web Design and Affiliates
Juice Creative Web Design and Affiliates are independent contractors and nothing in the Agreement will create any form of partnership, joint venture, agency, franchise, sales representative, employment between them. The Affiliate is not empowered to make or accept/reject any offers on behalf of Juice Creative Web Design and is not authorised to make any statement on behalf of Juice Creative Web Design as well.
The Affiliates shall defend, indemnify and hold Juice Creative Web Design, its members of the management board, employees and representatives blameless from and against any and all liabilities, losses, damages including legal fees resulting from or connected with (1) any breach by Affiliate(s) of any warranty, representation or term contained in the Agreement, (2) the performance of Affiliate(s) duties and obligations under the Agreement , (c) the negligence of Affiliate(s) and any injury caused by negligent or intentional acts or omissions or the unauthorised use of our banners/logos/designations and links or this Affiliate Programme.
Juice Creative Web Design makes no warranties or representations with respect to the Affiliate Programme, and the commission payment arrangement and do not express nor imply any warranties arising out of a course of performance, dealing or trade usage. Additionally, Juice Creative Web Design makes no guarantee that the operation of website of Juice Creative Web Design will be uninterrupted or error free and Juice Creative Web Design will not be liable for the consequences if there are any.
9. Limitations of Liability
Juice Creative Web Design’s liability arising out of or in connection with the Agreement and/or the Affiliate Programme will not exceed the total amount of Commission paid or payable to an Affiliate under this Agreement. Additionally, Juice Creative Web Design‘s obligations under this Agreement do not constitute personal obligations of management board members, employees or/and shareholders of Juice Creative Web Design.
10. Remaining Provisions
This Agreement shall be concluded for indefinite period of time and each party to this Agreement has the right to terminate the Agreement with immediate effect in the written form, by email.
Conclusion, implementation and interpretation of this Agreement is governed by the English law. The place of the fulfillment of all obligations arising from or connected to this Agreement shall be deemed Juice Creative Web Design’s registered office. In the event of any discrepancies of opinions the Parties agree to take all steps in order to achieve an amicable solution. If negotiations do not lead within 1 (one) month to a solution accepted by all Parties, then all disputes arising from this Agreement or in connection with this Agreement shall be finally settled by the court appropriate for the registered office of Juice Creative Web Design.
If any provisions of this Agreement shall be invalid or incapable of implementation or if any gap shall occur, then this shall not affect the validity of the other provisions. In lieu of the invalid provision or the provision incapable of implementation or for the purposes of closing the gap, such reasonable provision shall apply which, to the extent permitted by law, shall most closely reflect the intention of the Parties to this Agreement or which they would have intended to choose in accordance with the purpose of this Agreement, had they given their attention to such a point.
Without the prior written consent of other Parties, neither Party can assign (transfer) or offset its rights and obligations to third parties resulting from this Agreement under pain of nullity.
11. Final Statement
You as the Affiliate acknowledge that you have read this Agreement and agree to be bound by the Terms and Conditions of this Agreement by downloading our banner and creating a link from your webstite to the Juice Creative Web Design Website.