Affiliate Agreement for Social Charlie T/as Goldilocks Academy Pty Ltd
Compliance with Laws
Affiliates must strictly adhere to all applicable laws and regulations. This includes, but is not limited to, laws related to advertising, such as those prohibiting deceptive marketing practices, and email marketing laws like the federal CANSPAM Act. Furthermore, affiliates are required to follow the Federal Trade Commission's Endorsements and Testimonials Guides, ensuring all advertising is transparent and truthful. Social Charlie has full discretion to assess and determine an affiliate's compliance with these legal standards.
PayPerClick (PPC) Restrictions
- Affiliates are restricted in their use of PPC advertising:
- Bidding on Social Charlie's restricted terms (e.g., brand names, specific URLs, and variations) is prohibited in search of content based campaigns across all networks.
- Affiliates must not combine restricted terms with any other keywords in their PPC campaigns.
- The use of restricted terms in ad titles, copy, display names, or as display URLs is forbidden.
- Affiliates are prohibited from using any Social Charlie trademarked terms as part of their website domain or subdomain.
- Direct linking to Social Charlie’s website or using redirects that yield the same result in PPC ads is not allowed.
- Affiliates cannot bid in a manner that results in their advertisement appearing higher than Social Charlie's for any search term in the top 5 positions in any PPC advertising program.
General Affiliate Rules
Compensation
Upon your successful entry into the Program, you'll be assigned a distinct Affiliate ID. This ID will be embedded in the URL you utilize for promoting Social Charlie Software and Programs. For each registered sale linked to your Affiliate ID, you have the potential to earn Commissions, as detailed further below.
In cases where a Prospect possesses several Affiliate cookies, the most recently obtained Cookie determines which Affiliate is credited with the sale. Exceptions include instances where Prospects, having canceled recently, try to re-subscribe under a different affiliate within 60 days, self-referral cases, or other scenarios at Social Charlie Software’s discretion. A Prospect signing up for Social Charlie Software without any Affiliate linkage is deemed unaffiliated, and no Affiliates will receive Commissions for these Prospects unless Social Charlie Software specifically agrees in writing.
Commissions are considered "earned" under the following conditions: (i) The Affiliate must have a registered and active account with a third-party payment provider to receive Commission payments and must provide HighLevel with complete and accurate information for payment processing; and (ii) The Prospect's account must remain in good standing for a minimum of forty-five (30) days following the Sale. An Affiliate will not earn a Commission if they do not have an active payment account at the time of Commission payout, or if Social Charlie Softwarel is unable to process the Commission due to incomplete or inaccurate information provided by the Affiliate. Social Charlie Software has sole discretion in determining Commission payout amounts and Commission rates, which may vary over time. Unless stated otherwise, Commissions are paid, on the 15th of each month 30 days after the sale following Social Charlie Software's receipt of payment for a Sale. If the 15th falls on a holiday or weekend, the payout typically occurs on the next business day, though exceptions might apply. Commission payouts are calculated based on the fees Social Charlie Software receives, after deducting sales taxes.
The specific rates for Commissions are determined by Social Charlie Softwarel and may be subject to change at Social Charlie Software's discretion. These rates are communicated to Affiliates and are a critical part of understanding potential earnings within the Program.
Commission Structure for Social Charlie Software Subscriptions
First Tier: 40%
Second Tier: 5%
Monthly recurring amounts as long as your affiliate remains a paying subscriber.
- Affiliates earn commissions for sales attributed to their unique Affiliate ID. The attribution of sales to an Affiliate is subject to certain conditions, including the most recently acquired cookie determining the credit for a sale.
- Commissions are considered earned under specific conditions, including maintaining a usable account with a third party payment provider and compliance with payment information requirements.
- The commission structure and payout schedule are determined by Social Charlie and are subject to change.
- Affiliates are responsible for adhering to tax requirements and may need to submit necessary tax documentation to receive commission payouts.
Intellectual Property Rights
- Affiliates acknowledge Social Charlie's ownership of its materials and agree not to infringe upon these rights.
- Affiliates are granted use of Social Charlie’s Affiliate materials to use in their promotions strictly in accordance with this agreement.
- Any unauthorized use of Social Charlie’s trademarks or intellectual property is prohibited.
Term and Termination
- The agreement is effective upon the Affiliate's acceptance and continues until terminated by either party.
- Social Charlie reserves the right to terminate the agreement immediately in case of the Affiliate's breach of terms or legal violations.
- Certain provisions of the agreement will survive termination, including representations, warranties, and indemnity obligations.
Force Majeure
Affiliates or Social Charlie will not be held liable for the inability to perform obligations due to unforeseen events beyond their control, such as natural disasters, pandemics, or governmental actions.
Dispute Resolution
Consumer Protection Law
Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
By participating in the Social Charlie T/as Goldilocks Academy affiliate program, affiliates agree to these terms and conditions. Noncompliance may result in termination of affiliate status and forfeiture of earned commissions. Social Charlie reserves the right to modify these terms, and affiliates are expected to adhere to any updates or changes.