VIP Advocate Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

 

By submitting an application, you are agreeing to be bound by the terms and conditions below. These terms and conditions form the “Agreement”.

The Agreement is a legally enforceable contract between Photography Masterclass ( “we” “our” or “us”) and “you”, the company or person named in the application. If you do not want to be bound by the Agreement, you must not submit an application.

 

  1. Joining the Photography Masterclass VIP Advocate Program

1.1

We operate an VIP Advocate program as an affiliate marketing network (the “Network”), which enables website publishers and approved applicants (“Affiliates”) to promote the sale of tickets to Photography Masterclass (“The Merchant”) and their classes and products in return for a commission.

1.2

No paid access is required for participation in Photography Masterclass VIP Advocate Program. Only Affiliates who have successfully completed the Photography Masterclass VIP Advocate Program Affiliate Signup process found on the Site may participate or use Photography Masterclass VIP Advocate Program and the Site.

1.3

Access to Photography Masterclass VIP Advocate Program is automatically granted. Any Affiliate applying for an account with a free or disposable email address will be subject to a manual approval by Photography Masterclass VIP Advocate Program administrators.

1.4

If your application is accepted, you will become an Affiliate. If your application is rejected, the Agreement will terminate immediately.

 

 

  1. Account Usage

2.1

As an Affiliate, you can participate in the Network and promote Photography Masterclass and their products by logging into your Dashboard for Affiliates.

2.2

As an Affiliate, you will be given access to links to the websites of Photography Masterclass (“Merchant Links”). You will also be given access to the promotional materials and trade marks of Photography Masterclass (together with the Merchant Links, the “Materials”). As long as you comply with the terms of this Agreement, and any terms of a particular Merchant, you can place the Materials wherever you like on your website.

2.3

Photography Masterclass VIP Advocate Program prohibits the use of this Site by Affiliates who operate websites containing pornographic, racist or illegal content. The definition of pornographic, racist or illegal content is entirely at the discretion of Photography Masterclass VIP Advocate Program.

2.4

Photography Masterclass VIP Advocate Program does not support the advertising or placement of advertisements on any sites connected with racist or illegal content.

2.5

Photography Masterclass VIP Advocate Program will at all times attempt to monitor any misuse and will likewise bring it to the attention of the Photography Masterclass’s advertisement placements. Photography Masterclass VIP Advocate Program operates in full compliance with the CAN-SPAM Act of 2003 and requires its Affiliates to also comply.

2.6

Photography Masterclass VIP Advocate Program may deactivate your account if you have sent spam or engaged in any unsolicited promotional activities.

2.7

Affiliates must abide by the Merchant Terms and Conditions at all times while conducting any form of promotion or advertising relationship via Photography Masterclass VIP Advocate Program.

2.8

Photography Masterclass VIP Advocate Program reserves the right to remove accounts that have remained unverified since creation or have not been accessed in up to 12 months.

2.10

You must notify us immediately if you become aware, or suspect, any abuses or potential abuses of the Network.

 

  1. Commissions and Payment

3.1

Photography Masterclass will use the Photography Masterclass VIP Advocate Program Dashboard to set out how much commission is paid for each validated Transaction. Photography Masterclass are free to decide how much commission they will pay for each validated Transaction.

3.2
If you are due to be paid commissions; Photography Masterclass VIP Advocate Program has implemented a monthly payment schedule.

3.3

Every month your account balance will be processed

3.4
We will endeavour to pay any commissions owed to you within 7 days of the end of each month

3.5
Commission will be paid to you in Australian Dollars (AUD)

3.6
Photography Masterclass VIP Advocate program balances are combined across all domains that generate valid transactions and are not paid out on a domain by domain basis.

3.8
We will not make any payments which are less than a certain amount, also referred to as a “Minimum Threshold”. If you have total commissions which are less than the Minimum Threshold, they will be held to your account. When the total amount of commissions held to your account reaches the Minimum Threshold, those commissions will become payable. The amount of the Minimum Threshold may change from time to time.

3.9
If a previously sent payment is rejected by an Affiliate or unclaimed and requires to be resent using any one of the payment methods, a AU$15.00 ‘repeat reprocessing’ administration handling fee will be charged to the Affiliate and deducted from the commission payment amount. Any costs incurred or associated with return of a payment will be deducted from the commission payment amount.

3.10
If we suspect you have generated commissions in breach of this Agreement or the terms set out by Photography Masterclass; you will, by way of future assignment, assign to us all of your rights and ownership in those commissions. This includes any commissions you have already been paid, which you will repay to us when we ask.

3.11
If we cannot get in contact with you using the contact details set out in your application or account settings, and:

a)we cannot pay you commissions because you have provided incomplete or incorrect payment information; or

b)you have not logged in to our website for 12 months

you waive your right to be paid those commissions and you assign (way of future assignment) all of your rights and ownership in any commissions which we are holding to your account.

3.12
If we are late paying your commissions, you cannot terminate this Agreement on the basis that the delay constitutes a breach of this Agreement.

3.13
You will not receive any interest on commissions held to your account.

 

  1. Billing

4.1
You agree that we can raise invoices on your behalf for any of the commissions payable to you during the term of this Agreement. This is known as “self-billing”. Therefore you must not raise invoices for any of these commissions.

4.2
You must notify us immediately or update your account details accordingly if any of your personal or company details change:

a)If you submitted an ABN and no longer have an active ABN;

b)If you have changed or updated your GST status;

b)If you transfer your business as a going concern; or

c)If you become registered under a different ABN if one was originally submitted

 

 

  1. VIP Advocate Termination

6.1
Photography Masterclass VIP Advocate Program prohibits the use of adware software. Such websites, programs and users of adware software may not join Photography Masterclass VIP Advocate Program.

6.1.1
Photography Masterclass VIP Advocate Program reserves the right to refuse payment and terminate any such Affiliate account that Photography Masterclass VIP Advocate Program deems to be of such nature. The definition of adware software is entirely at the discretion of Photography Masterclass VIP Advocate Program.

6.2
Photography Masterclass VIP Advocate Program reserves the right to terminate an affiliate and not pay the accrued balance where the affiliate has been deemed to breach this Agreement or specified Merchant Terms and Restrictions.

6.3
Photography Masterclass VIP Advocate Program, in its sole discretion, may disqualify an Affiliate from participation in the use of any or all portions of the Site if such Affiliate engages in any conduct that Photography Masterclass VIP Advocate Program deems to be illegal, improper, unfair or otherwise adverse to the operation of the Site or detrimental to other users of the Site.

Such improper conduct includes, but is not limited to:

a)falsifying personal information required during account creation;

b)sending spam emails;

c)accumulating earnings or falsifying Merchant program expenditure through methods such as programming techniques or falsified information;

d)intentionally trying to defraud or otherwise tamper with the computer programs or Member information comprising the Site

6.4
Photography Masterclass VIP Advocate Program may void and refuse to pay/reimburse monetary sums that an Affiliate has earned or deposited and/or require the return of any monetary sums that an Affiliate may have accumulated if engaged or previously engaged in improper conduct.

6.5
Photography Masterclass VIP Advocate Program may also recover any outstanding fees owed by Affiliates using one or a combination of methods that include deductions to the Affiliates current balance.

6.6
Affiliates further acknowledge that the forfeiture of earnings or deposits shall in no way prevent Photography Masterclass VIP Advocate Program from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct.

6.7
Affiliates may voluntarily close or terminate their account with Photography Masterclass VIP Advocate Program. Doing so you waive your right to be paid any unpaid commissions below the minimum threshold and you assign (way of future assignment) all of your rights and ownership of any commissions which we are holding to your account.

6.8
You will not receive any commissions which are earned after the date of termination.

 

  1. Trademarks, Copyrights and Proprietary Rights

7.1
You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text and images without Photography Masterclass VIP Advocate Program’s written permission.

7.2
You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in this Affiliates Agreement or in the text on the Site without the written permission of Photography Masterclass VIP Advocate Program. Photography Masterclass VIP Advocate Program neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties.

7.3
Photography Masterclass VIP Advocate Program assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or downloading of any materials, data, text or images.

7.4
Any communication or material you transmit or post to the Site by electronic mail or any other method, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential, non-proprietary.

7.5
The Site may now, or hereafter from time to time, contain links to third-party Web sites. We do not control, investigate, monitor or check such Web sites, we are not responsible for the computer programs available from, content in or opinions expressed at such Web sites. We provide such third-party links only as a convenience to visitors of the Site, and the inclusion of a link does not imply approval or endorsement of the linked site by us. If you decide to leave the Site and access any third-party Web site, you do so at your own risk.

7.6
The trademarks and logos displayed on the Site are registered Trademarks of Photography Masterclass VIP Advocate Program and/or others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Photography Masterclass VIP Advocate Program or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in this Affiliate Agreement, is strictly prohibited. You are also advised that Photography Masterclass VIP Advocate Program will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

 

  1. Limitations of Liability

We will not be liable to you with respect to any subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory for any indirect, incidental, consequential, special or exemplary damages (including, without limitation, loss of revenue or goodwill or anticipated profits or lost business), even if we have been advised of the possibility of such damages. Further, notwithstanding anything to the contrary contained in this agreement, in no event shall Photography Masterclass VIP Advocate Program cumulative liability to you arising out of or related to this agreement, whether based in contract, negligence, strict liability, tort or other legal or equitable theory, exceed the total commission fees paid to you under this agreement.

 

  1. Indemnification

You hereby agree to indemnify and hold harmless Photography Masterclass VIP Advocate Program, and its subsidiaries and Photography Masterclass, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable solicitors’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on

a)any claim that our use of trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party;

b)any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein; or

c)any claim related to your site, including, without limitation, content therein not attributable to us

 

  1. Confidentiality

10.1
“Confidential Information” includes any information which is disclosed to you and marked or described as confidential. Confidential Information also includes any information disclosed to you and which ought reasonably be treated as being confidential. Know-how, information about Photography Masterclass, data and software are all examples of Confidential Information. If you are unclear on whether any information disclosed to you is Confidential Information, you should ask us whether or not it can be disclosed.

10.2
By entering this Agreement, you consent to us publishing your name on our websites. You also consent to us publishing the information you provide to us on our websites, unless you notify us that that information is confidential or that information ought reasonably be treated as being confidential.

10.3
You must not disclose any Confidential Information to any third parties and you must take all reasonable steps and precautions to prevent disclosure of Confidential Information. You must not use Confidential Information for any purpose other than enjoying your rights or fulfilling your obligations under this Agreement.

10.4
Confidential Information does not include any information which is publicly available, unless it has become publicly available because you have disclosed it. Confidential Information also does not include any information which you receive from a third party, unless that third party is breaching an obligation of confidentiality by disclosing it to you.

10.5
The disclosure of our Confidential Information may cause us harm which cannot be repaired, or may cause us losses which cannot be recovered or compensated. Therefore, if Confidential Information is disclosed in breach of this Agreement, or if disclosure of Confidential Information is threatened, you agree that we can obtain an injunction against you to prevent disclosure. Our right to an injunction is in addition to any other rights we may have to protect our Confidential Information. If the court grants us an injunction, you must pay all of our legal costs of applying for the injunction.

 

  1. Miscellaneous

11.1
All referrals must be tracked using our technology, verbal referrals will not be accepted.

11.2
Photography Masterclass VIP Advocate Program, in its sole discretion will make payment to an Affiliate if there are no outstanding fraudulent activity claims raised by Photography Masterclass VIP Advocate Program or any of its Members. If appropriate, Affiliate account balances will be adjusted to remedy these claims.

11.3
Photography Masterclass VIP Advocate Program has not reviewed all of the sites linked to by the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.

 

  1. Agreement and Changes

12.1
The regulations, terms and conditions contained herein represent the complete, final and exclusive agreement between Photography Masterclass VIP Advocate Program and the Affiliate, and supersede all prior agreements, representations and understandings between Photography Masterclass VIP Advocate Program and the Affiliate.

12.2
This Affiliate Agreement may be terminated by Photography Masterclass VIP Advocate Program at any time. However, such termination does not affect the enforceability of the terms and conditions of this Agreement as they relate to acts and omissions during the period prior to such termination.

12.3
Photography Masterclass VIP Advocate Program reserves the right to change the terms and conditions or functionality of Photography Masterclass VIP Advocate Program at any time without notice. We will endeavour at all times to ensure affiliates have been notified when changes have been made to this Agreement. It is also agreed that after notification of Agreement changes, continued use of the Photography Masterclass VIP Advocate Program Network constitutes acceptance of this Agreement. If you do not agree with changes to our Agreement, the Affiliate should cease promotion immediately and close their account.

12.4
The Affiliate acknowledges that if any provision of this Agreement conflicts with any other rule, regulation, term or condition of the Site, the terms and conditions of this Agreement shall govern.

 

Your Acceptance of these Terms and Conditions

 

PLEASE READ THE FOLLOWING CAREFULLY.

In this document PHOTOGRAPHY MASTERCLASS VIP ADVOCATE PROGRAM  is also referred to as “Photography Masterclass VIP Advocate Program”. , “We” “Our” or “Us” and You are also referred to as “Your”, “Merchant”, “Member” or “Advertiser”.

THIS DOCUMENT IS A LEGAL AGREEMENT BETWEEN YOU AND PHOTOGRAPHY MASTERCLASS VIP ADVOCATE PROGRAM (“the Agreement“).

THE AGREEMENT IS BETWEEN YOU AND PHOTOGRAPHY MASTERCLASS VIP ADVOCATE PROGRAM AND GOVERNS YOUR USE OF THE PHOTOGRAPHY MASTERCLASS VIP ADVOCATE PROGRAM ONLINE AFFILIATE MARKETING NETWORK AND PHOTOGRAPHY MASTERCLASS VIP ADVOCATE PROGRAM SERVICES. TO AGREE TO THESE TERMS AND CONDITIONS, CLICK “you agree.” IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT CLICK “you agree” AND DO NOT USE THE PHOTOGRAPHY MASTERCLASS VIP ADVOCATE PROGRAM ONLINE AFFILIATE MARKETING NETWORK OR ANY PHOTOGRAPHY MASTERCLASS VIP ADVOCATE PROGRAM SERVICES.

YOUR USE OF THE PHOTOGRAPHY MASTERCLASS VIP ADVOCATE PROGRAM ONLINE AFFILIATE MARKETING NETWORK AND/OR ANY PHOTOGRAPHY MASTERCLASS VIP ADVOCATE PROGRAM SERVICES IS AN AFFIRMATIVE INDICATION THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE AGREEMENT.