Terms & Conditions

By signing up to the South West eCommerce affiliate program, you agree to the following terms and conditions:

The Interesting Bits

1. Affiliates must be approved by South West eCommerce before promoting products
   
   
2. Affiliates may promote products in any way they see fit, apart from the following exceptions:
   
   - NO SPAM. Affiliates found spamming people either by email or any other means will be removed from the program
   
   - Pay Per Click advertising on trademarked terms (eg. GoPro, Ray Ban, etc) is not permitted. Also, Pay Per Click Advertisments may not use the merchant URL (eg. www.ordercameras.com.au) in the advertisement. This is to protect the status of the merchant Adwords account. Apart from these exceptions, Pay Per Click advertising is allowed
   
   
3. Details of commissions are made available within the affiliate user panel in real time. Commissions will only be paid if the visitor to the merchant site can be tracked by the system from the time of the link to the time of the sale. No commission will be paid if the visitors payment cannot be tracked directly to your site by our system or if full payment for services is not made.
   
   
4. In relation to the campaign for Search Engine Ranking Services, please note that commissions will only be paid once the customer has confirmed their service
   
   
5. Cookies for all links are valid for 90 days, meaning that if the visitor returns to the merchant site within 90 days to make their purchase, affiliates will receive a commission
   
   
6. Commissions are paid within the first week of each month (for the previous month), provided the affiliate's balance is over the threshold of $50. If the affiliate's balance is under $50, funds will be held until balance reaches the threshold amount
   
   
7. Commissions are generally paid on the sale amount only and not on any additional amounts such as postage
   
   The Not So Interesting Bits (Legal Guff - still important though!)
   
   
8. You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. South West eCommerce shall have no responsibility for the development, operation and maintenance of your site and for all materials that appear on your site. You shall also be responsible for ensuring that materials posted on your site do not violate or infringe upon any laws or the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are not libellous or otherwise illegal. You must have express permission to use another partys copyrighted or other proprietary material. South West eCommerce will not be responsible if you use another partys copyrighted or other proprietary material in violation of the law. In addition to the foregoing, we will immediately terminate your participation in the Network if we believe you have engaged in any of the following:
   
   * Provision of inaccurate or incomplete information to South West eCommerce concerning your identity, bank account, address or other required information;
   
   * Attempts to cheat, defraud or mislead us in any way;
   
   * Misrepresenting to the public the terms and conditions of our sites or your sites;
   
   * Owning or operating a website in connection with a person who is under 18 years of age.
   
   
9. You will also be solely responsible for conducting your campaign promotions. In your promotional efforts you agree to adhere to Australia's National Privacy Policies and follow guidelines laid down in the 2003 Anti Spam Act which is in force. Failure to comply and/or violations of internet user’s privacy will result in your immediate termination and forfeit of all funds owing.
   
   
10. The term of this Agreement will begin upon our acceptance of your Affiliate Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your e-mail address in our records, is considered sufficient notice for us to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any commission payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not cancelled or returned. South West eCommerce reserves the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
    
    
11. South West eCommerce may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our site of a change notice of a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate program rules. All such modifications shall take effect immediately after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate program, following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change.
    
    
12. You and South West eCommerce are independent, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section. You may NOT make any defamatory comments, statements or emails about our network, its operations, tracking and fraud management to any merchant or other affiliate networks. You are not an agent of the South West eCommerce and South West eCommerce expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.
    
    
13. South West eCommerce will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Affiliate Network, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Network will not exceed the total commissions paid or payable to you under this Agreement.
    
    
14. South West eCommerce make no express or implied warranties or representations with respect to the Affiliate Network or any South West eCommerce services or other items sold through the Network (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
    
    
15. You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or
    
    * the terms of any other agreement, document or instrument applicable to you or binding upon you. Should any law enforcement agency, internet service provider or other person or entity provide South West eCommerce with notice that you have engaged in transmission of unsolicited e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service providers terms of service, South West eCommerce reserves the right to cooperate in any investigation relating to your activities including disclosure of your account information in connection therewith.
    
    
16. South West eCommerce may disclose to you certain information as a result of your participation as part of the Network, which information we consider to be confidential (herein referred to as "Confidential Information"). For purpose of this Agreement, the term "Confidential Information" shall include, but not be limited to any modifications to the terms and provisions of this Affiliate Network Agreement made specifically for your site and not generally available to other members of the Affiliate Network
    * website, business, and financial information relating to South West eCommerce, and
    * customer and vendor lists relating to South West eCommerce and any members of the Affiliate Network other than you.
    Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. South West eCommerce make no warranty, express or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your use or such third person`s use of the information.
    
    
17. You hereby agree to indemnify, defend and hold harmless South West eCommerce, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys` fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "losses"), insofar as such losses (or actions in respect thereof) arise out of or are based on
    * any claim or threatened claim that our use of your trademark(s) infringes on the rights of any third party;
    * the breach of any promise, covenant, representation or warranty made by you herein; or
    * or any claim related to your site.
    
    
18. Terminated accounts cannot later apply to the Network without our express written consent. This Agreement will be governed by the laws of Australia and the State of Victoria, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. The sole and exclusive venue for any action arising under this Agreement will be the state and federal courts for Victoria, Australia , and you hereby submit to the jurisdiction and venue of such courts.
    
    
19. South West eCommerce does not approve applicant websites or businesses containing or promoting adult, pornographic or sex related content or content that may be defined by a reasonable person to infer adult, pornographic or sex related content. South West eCommerce reserves the right to deny any applicant based on this criterion and will switch any active Affiliate to inactive if they choose to host South West eCommerce banners on an illegitimate site after approval and will do so without warning and will not remunerate the affiliate for any commission accrued from hosting banners on an illegitimate site as defined in these terms.