Affiliate Agreement

Affiliate Agreement

[last updated July 2017]

We think Content Snare is great and would love to share it with everyone, but we know that statistically, new people are going to listen to recommendations from existing users more than directly from us. So, we’ve created an affiliate program where we can send you a ‘thank you’ for anyone you share Content Snare with, and who signs up as a paid user. Simple.

  1. Parties to this agreement
    1. This is an agreement between you and Content Snare relating to your promotion of Content Snare’s website automation software to third parties. Content Snare is a platform that allows users to gather content from clients via our website and software.
    2. Content Snare is made available by Aktura Technology Pty Ltd ACN 145 513 868 (Aktura) of Queensland, Australia.
    3. When you read words “Content Snare”, “us”, “our” or “we” it means Aktura and our directors, employees, agents, successors and legal assigns. The words “you”, “user” or “your” means you, the user of our software, your employees, agents, successors and legal assigns.
  2. How it works
    1. ou apply for an affiliate account through the registration page on our website, once we approve your application, you will receive a unique tracking code. We may also make available some graphics and information that you can use to help you to promote Content Snare (promotional material or “assets”).
    2. You use your unique tracking code to promote Content Snare to other people.
    3. Anyone who clicks through to Content Snare using that unique tracking code will be identified with your affiliate account for 45 days. If they make a purchase within that time, you will receive an affiliate commission on that purchase.
    4. This affiliate agreement sets out all the terms and conditions that apply to you getting paid.
  3. Licence to promote Content Snare
    1. We grant you a license to use the unique tracking code and any supplied promotional material to promote sales of Content Snare pursuant to the terms of this agreement.
    2. You do not have any ownership rights to the Content Snareplatform, unique tracking code or promotional material.
    3. Your right to promote Content Snare is not exclusive, and we will allow others to promoteContent Snare.
    4. The license granted to you is not transferrable to anyone else, and is limited by the terms of this agreement.
  4. Customers and tracking
    1. We use affiliate tracking software provided by https://tapfiliate.com/(Tapfiliate) to track sales. Sales will only be recorded in that system if you follow the directions provided to you when you become an affiliate. That may be a unique tracking code or other way of capturing clicks, leads and conversions. For ease of reference, it is referred to as a unique tracking code throughout this agreement.
    2. Any person clicking through a link using your unique tracking code will be associated with your affiliate account for a period of 45 days from date of first contact (currency period). They must make a purchase during that period to remain linked with your account.
    3. We rely upon the accuracy of information received from Tapfiliate and cannot guarantee that information remains error free. We will not be liable for loss or damage caused as a result of failure of the Tapfiliate software.
    4. It is possible that advertisement blocking software, or other systems used by a purchaser may prevent a purchase from being tracked. We will not be liable for loss or damage caused as a result of advertisement blocking software or other systems.
    5. Only sales made using the unique tracking code provided to you, during the currency period, will pay an affiliate commission. We will not manually process claims by you for affiliate commission based on sales made without using your unique tracking code.
    6. Any person purchasing Content Snare using your tracking code remains our customer and does not become your customer.
      1. We will not provide any personal information about that customer to you, including confirmation or otherwise of a sale.
      2. All customer service enquiries will be handled by us.
  5. Reporting
    1. You will have access to reporting via your Tapfiliate dashboard, so that you can keep track of performance and optimize your efforts.
  6. Your Acknowledgement
    1. You acknowledge that you have the responsibilities set out below when you promote Content Snare, and that we may terminate this agreement on 24 hours’ notice if you breach any of the terms of this agreement.
  7. Your Responsibilities
    1. When setting up or using your affiliate account, you agree:
      1. to provide true and correct details when you set up your account;
      2. to keep your contact details up to date;
      3. to keep your username and password secure and confidential and not to share your access with anyone else;
      4. to immediately notify us of any unauthorized use of your password or other breach of security;
      5. to only use your unique tracking code for lawful business purposes, in accordance with this agreement and any directions given by Content Snare from time to time;
      6. to claim affiliate commissions only on sales to genuine purchasers of Content Snare;
      7. not to promote Content Snare by sending spam or other unsolicited messages;
      8. not to use your affiliate account in a manner that could damage, disable, overburden or impair our software or interfere with any party’s use and enjoyment of our software;
      9. not to access or attempt to access the administrative interface of the affiliate system or Content Snare by any means other than the interface provided; and
      10. not to copy (except as expressly permitted by this license) decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of Content Snare materials, any updates, or any parts of the software, or the servers or networks which are connected to Content Snare.
    2. When promoting Content Snare, you agree:
      1. not to promote Content Snare in any way that could bring Content Snare and its brand into disrepute;
      2. not to promote Content Snare on any websites or other media in conjunction with any of the following products or services:
        1. pornography;
        2. gambling;
        3. alcohol products;
        4. tobacco products; or
        5. any illegal activities.
        6. We may update this list from time to time and will provide notice before changes come in to effect.

      3. to make at least one sale every 45 days to keep your affiliate account active;
      4. to include a clearly visible statement with any promotion of Content Snare to the effect that “We are promoting Content Snare as part of an affiliate agreement and may earn affiliate commissions on your purchase of this product”.
    3. You warrant that:
      1. you are over the age of 18 years;
      2. you are lawfully entitled to enter into this agreement and your participation in this agreement does not violate any applicable laws;
      3. you will remain solely responsible for all taxes and duties payable as a result of your participation as an affiliate of Content Snare.
  8. Payment
    1. 8.1 Affiliate commission will be paid at the rate agreed when you applied to become an affiliate. You will see this amount displayed on your Tapfiliate dashboard.
    2. Affiliate commission will be paid so long as a customer continues to subscribe to Content Snare.
    3. Affiliate commission will be calculated:

    4. on the amount actually received from the purchaser. No commission will be paid on cancelled orders, unprocessed payments or refunds.
    5. No payment will be made on sales that have not been tracked using Tapfiliate.
    6. Payment will be made via PayPal to your nominated PayPal account. It is your responsibility to ensure your account details remain up to date. Content Snare will not be responsible for any lost payments.
  9. Termination
    1. This agreement is effective until cancelled by you or Content Snare.Either party may end this agreement without reason upon 30 days written notice to the other party.
      1. Upon termination of this agreement:
        1. any affiliate commissions accrued prior to termination and due for payment after termination, will be paid to your nominated account on the date due;
        2. any commissions payable for ongoing subscriptions will continue for a period of 12 months from the date of termination, or until the end user cancels their use of Content Snare, whichever occurs first;
      2. Content Snare may, at its sole discretion, offer to pay an amount for ongoing subscriptions in advance, and your acceptance of that amount releases Content Snare from any further obligation to pay affiliate commissions to you under this agreement.
    2. Once this agreement comes to an end, the rights given to you under this agreementwill terminate automatically.
    3. When your affiliate account is terminated, any affiliate data associated with your account maydestroyed.
    4. We reserve the right to terminate this agreement on 24 hours’ notice if we form the view that your conduct or behaviour may adversely affect our brand in any way.
    5. Termination of this agreement will not relieve either party of any liability for breach of or liability accruing under the terms of the agreement prior to termination.
  10. Copyright
    1. Title to and all intellectual property rights in ourwebsite and any promotional material remain the property of Content Snare.
    2. You must not use, communicate, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of the promotional material in whole or in part, except as expressly authorised by us.
    3. We do not grant you any other right or license to use our intellectual property.
  11. Security and accessibility
    1. We make every effort to maintain the security of our software. However, we do not guarantee the security of our systems, records or data.
    2. Content Snare disclaims all liability for any computer virus or technological problems that were not intentionally caused by us or are beyond our control. You are encouraged to install and maintain up-to-date security software on your computer.
  12. Disclaimer
    1. Content Snare makes no representations:
      1. regarding your success or otherwise in promoting Content Snare;
      2. the ongoing availability of Content Snare for promotion;
      3. the ongoing availability of the affiliate program; nor
      4. your likely revenue earning capacity in promoting Content Snare.
    2. Content Snare disclaims all express or implied warranties the fullest extent permitted by law. These provisions survive any termination or expiration of this agreement or your promotion of Content Snare.
  13. Limitation of liability
    1. We will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your promotion of Content Snare in any way, subject to the requirements of Australian Consumer Law.
    2. Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to an amount equal to the average of monthly affiliate commissions received by you in the three months immediately preceding the date of dispute, even if your average monthly affiliate commissions are zero.
    3. This limitation of liability applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement or your use of our software.
  14. Indemnity
    1. To the extent that our act or omission (including negligent act or omission) has not contributed to the loss, you agree to indemnify and defend Content Snare from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:
      1. any copyright breach or intellectual property infringement claims by third parties;
      2. your promotion of Content Snare; or
      3. your breach of this agreement.
  15. General
    1. Confidentiality – Any information shared between the parties that is not public information is to be treated as confidential information by the recipient, and kept confidential. Each party will only use confidential information for the purpose of meeting their obligations under this agreement, and will not share it.
    2. Privacy – Any personal information collected as a result of this agreement will only be used to ensure end users can access Content Snare, or for the purpose of calculating affiliate commissions, and no other purpose.
    3. Relationship - The parties enter into this agreement as independent contractors and nothing in this agreement should be interpreted to suggest otherwise. No joint venture, partnership, employment, or agency relationship exists between you and Content Snare as a result of this agreement, or your promotion of Content Snare.
    4. No Waiver – Any time or other indulgence granted by one party to the other will not in any way amount to a waiver of any of rights or remedies under this agreement.
    5. Severability – If for some reason a clause of this agreement turns out to be unenforceable, the rest of this agreement will continue unaffected and that term will be severed.
    6. Notice - You may provide notice to us through the contact us page or otherwise by email addressed to notice@contentsnare.com. We may provide notice to you via email or other electronic means. Notices sent electronically are deemed to have been received on the same business day if sent prior to 4.00pm on that business day and otherwise, the next business day.
    7. Applicable Law - This agreement is governed by the laws of Queensland and Australia. You agree to be subject to the jurisdiction of the courts of Queensland if there was a serious dispute between you and us.
    8. Authority - Promotion of Content Snare is not authorized in any jurisdiction that does not give effect to all provisions of this agreement, including without limitation this paragraph. If you are resident in a jurisdiction where the promotion of Content Snare is unauthorised, it is your responsibility to stop promoting Content Snare.
    9. Amendment – We may amend the terms and conditions of this agreement at any time. Amendments will be posted on or website and may also be provided to you via email. Amended provisions will take effect on the date specified on those terms. Your continued promotion of Content Snare after the date the amendments come in to effect will be your acceptance of those amended terms. If you do not agree with the amended terms, you may terminate your agreement in accordance with clause 9.
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Content Snare is part of Aktura Technology, a web app and SaaS development company. Web designers work with us to expand their capabilities. If clients ever approach you to build something that you can’t quite handle in-house, drop us a line.