Welcome to the FNQ Design & Build Constructions Affiliate Program
This Agreement sets forth the terms and conditions governing your participation in the Program. By registering for and participating in the Program, you ("Affiliate") acknowledge that you have read, understood, and agree to be bound by these terms and conditions.
1. Program Overview
The Program allows qualified Affiliates to earn commissions by referring new customers to FNQ Design & Build Constructions (the "Company"). You will promote our design, building, and inspection services ("Services") through unique tracking links and approved marketing materials provided by the Company. When a new customer clicks on your unique link and completes a qualifying project (as defined below), you will be eligible to earn a commission.
2. Qualifying Projects
A qualifying project for commission purposes is defined as:
- A new client who initiates contact with FNQ Design & Build Constructions by clicking on your unique affiliate link.
- The new client enters into a formal agreement with the Company for Services.
- The new client successfully completes and fully pays for the agreed-upon project.
3. Commission Rate and Payment
- The commission rate for qualifying projects will be 2% of the total project value.
- Commission payments will be made via Paypal within 30 business days following the completion and full payment of a qualifying project. The Company reserves the right to withhold commission payments if there is a chargeback or dispute related to the qualifying project.
4. Affiliate Responsibilities
- You are responsible for promoting the Program and Services using approved marketing materials and ethical marketing practices.
- You will comply with all applicable laws and regulations regarding online marketing and affiliate marketing.
- You will not engage in any misleading, deceptive, or spammy advertising practices.
- You will accurately represent the Services and offerings of FNQ Design & Build Constructions.
- You are responsible for maintaining a professional website or online presence if you choose to promote the Program there.
- You are solely responsible for any technical issues related to your website or marketing efforts.
5. Company Responsibilities
- The Company will provide you with unique tracking links and approved marketing materials to promote the Program.
- We will track referred customers and projects using these links.
- We will accurately calculate and pay earned commissions according to these terms.
- The Company will provide you with access to program resources and support, if available.
6. Termination
This Agreement may be terminated by either party at any time, with or without cause, upon written notice. Upon termination, any earned but unpaid commissions will be paid within 30 business days, provided your account balance is above the minimum payout threshold (if applicable).
7. Disclaimer
The Company is not responsible for the success of your marketing efforts or the number of referrals you generate. Your earnings will depend on your own marketing efforts and the conversion rates of referred customers.
8. Independent Contractor
You are an independent contractor, and nothing in this Agreement shall be construed to create an employer-employee relationship between you and the Company.
9. Changes to Terms & Conditions
The Company reserves the right to modify these terms and conditions at any time. We will provide you with notice of any changes by email or by posting the updated terms on our website. Your continued participation in the Program after the posting of the revised terms constitutes your acceptance of the changes.
10. Governing Law
This Agreement will be governed by and construed in accordance with the laws of Queensland, Australia.
11. Dispute Resolution
Any dispute arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the rules of the Australian Commercial Disputes Centre ("ACDC"). The arbitration shall be conducted in Cairns, Queesland, Australia. The decision of the arbitrator shall be final and binding on the parties.
12. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
13. Severability
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
14. Waiver
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any subsequent breach or default.
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