CLUB ATHLETICA™ AFFILIATE PROGRAM TERMS & CONDITIONS
Last Updated: 31 August 2026
Welcome to the Club Athletica Affiliate Program.
These Affiliate Program Terms & Conditions (“Terms”) govern participation in the Club Athletica Affiliate Program (“Affiliate Program” or “Program”).
The Program is operated by CLUB ATHLETICA trading as Club Athletica™, ABN 28 660 409 987, Queensland, Australia (“Club Athletica”, “we”, “us”, “our” or the “Company”).
By applying to, accessing or participating in the Affiliate Program, you (“Affiliate”, “you” or “your”) acknowledge that you have read, understood and agreed to these Terms.
Participation in the Program is conditional upon continued compliance with these Terms, the Affiliate Guide, any applicable campaign-specific requirements and any reasonable written directions provided by Club Athletica in connection with the Program.
1. Eligibility and Application
Applicants must provide accurate, complete and truthful information when applying to the Affiliate Program.
Unless otherwise approved by Club Athletica, applicants must be at least 18 years of age or otherwise have legal capacity to enter into these Terms.
Club Athletica may consider factors including:
- social media presence;
- content quality;
- audience;
- brand alignment;
- previous conduct;
- authenticity;
- geographic location;
- engagement;
- suitability for the Club Athletica community; and
- any other legitimate business consideration.
Submitting an application does not guarantee acceptance into the Program.
2. Approval or Rejection of Applications
Club Athletica reserves the right to approve or reject Affiliate Program applications at its discretion.
Club Athletica is not required to provide detailed reasons for rejecting an application, except where required by law.
Rejection of an Affiliate application does not create any entitlement to compensation, commission or participation in the Program.
3. Nature of the Affiliate Relationship
Participation in the Affiliate Program does not create an employment relationship, partnership, joint venture, franchise, agency or fiduciary relationship between Club Athletica and the Affiliate.
Affiliates participate independently.
Unless expressly authorised in writing, Affiliates do not have authority to:
- enter into agreements on behalf of Club Athletica;
- incur liabilities on behalf of Club Athletica;
- make binding representations for Club Athletica;
- provide warranties on Club Athletica's behalf;
- negotiate with customers on behalf of Club Athletica; or
- represent themselves as employees, agents or authorised representatives of Club Athletica.
Affiliates are responsible for determining how, when and where they create their own content, subject to these Terms.
4. Affiliate Dashboard
Approved Affiliates may receive access to an Affiliate Dashboard operated through Club Athletica's affiliate technology provider.
The Dashboard may contain:
- affiliate links;
- referral data;
- discount codes;
- commission records;
- order attribution information;
- promotional materials;
- payment information;
- Affiliate Program resources; and
- other Program information.
Affiliates are responsible for keeping their login information secure.
An Affiliate must immediately notify Club Athletica if they reasonably suspect unauthorised access to their account.
5. Affiliate Links
An Affiliate may be issued a unique affiliate referral link.
Affiliate links may be used to direct potential customers to Club Athletica's website, products or collections.
Referral attribution is subject to:
- the applicable cookie window;
- Club Athletica's affiliate platform;
- customer browsing behaviour;
- applicable discount-code attribution;
- these Terms; and
- Club Athletica's commission eligibility rules.
An Affiliate link does not guarantee commission on every purchase made by a customer who has previously interacted with that link.
6. Affiliate Discount Codes
Club Athletica may issue an Affiliate a unique shareable discount code.
The applicable discount percentage, commission percentage and code conditions will be displayed in the Affiliate Dashboard, Affiliate Guide or other official Club Athletica communication.
Affiliates must not promote or claim ownership of a discount code that has not been officially assigned to them.
Club Athletica may:
- create;
- change;
- pause;
- deactivate;
- reactivate; or
- replace
Affiliate codes where reasonably necessary for Program administration, promotions, technical reasons or fraud prevention.
Where practicable, Club Athletica will notify affected Affiliates of material changes.
7. Personal Affiliate Discounts
Club Athletica may separately provide eligible Affiliates with personal-use discounts.
Personal Affiliate discounts are intended solely for the registered Affiliate's own purchases unless expressly stated otherwise.
A personal Affiliate discount must not be:
- publicly promoted;
- shared with customers;
- published on coupon websites;
- distributed to friends or family for general use;
- resold;
- transferred; or
- used to manipulate Affiliate commission.
Terms applicable to personal discounts may be outlined separately in the Affiliate Guide or Affiliate Dashboard.
Club Athletica may temporarily disable personal Affiliate discounts during selected sales or promotions.
8. Commission Rates
Eligible Affiliates may earn commission on qualifying purchases attributed to their Affiliate link or shareable code.
The applicable commission rate will be stated in:
- the Affiliate Dashboard;
- the Affiliate Guide; or
- another official written communication from Club Athletica.
Unless otherwise expressly stated, commission is calculated on the eligible product value after applicable discounts and excludes:
- GST and other taxes;
- shipping;
- duties;
- delivery fees;
- payment-processing charges;
- gift card purchases;
- refunded amounts;
- returned products;
- cancelled products;
- chargebacks;
- fraudulent transactions; and
- other amounts reasonably excluded under these Terms.
9. Eligible Transactions
A transaction may qualify for commission where:
- the transaction is validly attributed to the Affiliate;
- the customer is a genuine customer;
- the order is successfully completed;
- payment is successfully received;
- the order is not fraudulent;
- the Affiliate has complied with these Terms;
- the referral was generated through a permitted method; and
- the transaction is otherwise eligible under the Affiliate Program.
Commission is not automatically owed merely because an order appears in an Affiliate Dashboard.
10. Commission Statuses
Commission records may appear in the Affiliate Dashboard using statuses including:
- Pending;
- Approved;
- Rejected;
- Reversed;
- Paid; or
- another administrative status.
An Approved commission generally means that the transaction has passed Club Athletica's ordinary initial review process.
However, an Approved status does not prevent Club Athletica from subsequently reviewing or reversing the commission if information later becomes available demonstrating that the transaction:
- was fraudulent;
- was improperly attributed;
- involved prohibited Affiliate conduct;
- involved self-referral;
- involved unauthorised code distribution;
- was refunded or charged back;
- was manipulated;
- did not comply with these Terms; or
- was otherwise ineligible.
An Affiliate platform status is an administrative record and does not override these Terms.
11. Final Commission Eligibility
A commission becomes eligible for payment only where Club Athletica reasonably determines that:
- the underlying order is eligible;
- the Affiliate complied with these Terms in connection with the referral;
- any applicable fraud, refund, return or chargeback review has been completed;
- the commission has not been reversed;
- valid payment information has been provided; and
- the applicable payment requirements have been satisfied.
Club Athletica may conduct additional reviews before issuing payment.
12. Commission Reviews
Club Athletica may review an Affiliate's commission activity where there are reasonable grounds to suspect:
- unusual referral activity;
- unusually high conversion rates;
- abnormal ordering behaviour;
- coupon abuse;
- self-referral;
- prohibited advertising;
- unauthorised coupon distribution;
- fraudulent transactions;
- attribution manipulation;
- duplicate orders;
- coordinated customer activity;
- automated traffic;
- fake traffic; or
- another breach of these Terms.
A review may apply to individual transactions or a group of transactions where they share the same suspected source or conduct.
13. Compliance Holds
Where Club Athletica is conducting a legitimate compliance review, Club Athletica may temporarily place:
- specific commissions;
- payment balances;
- Affiliate codes;
- Affiliate links; or
- the Affiliate account
on hold.
A compliance hold does not by itself constitute a determination that wrongdoing occurred.
Club Athletica will endeavour to complete compliance reviews within a reasonable period having regard to the complexity of the issue and information available.
14. Reversal of Approved Commissions
Club Athletica may reverse a commission, including a commission previously marked Approved, where Club Athletica reasonably determines that the commission arose from or was materially affected by:
- fraudulent activity;
- self-referral;
- code manipulation;
- unauthorised coupon distribution;
- paid advertising prohibited by these Terms;
- fake or artificial traffic;
- order manipulation;
- misuse of Club Athletica promotional systems;
- collusion;
- a refunded or charged-back transaction;
- a material breach of these Terms; or
- another circumstance making the transaction ineligible.
Club Athletica will not reverse a legitimate commission solely because an Affiliate's participation in the Program ends.
15. Payment of Commissions
Affiliates must provide accurate payment information through the Affiliate Dashboard where required.
Available payment methods may include payment to nominated payment details and/or Club Athletica store credit where offered.
The payment schedule and any applicable payment threshold will be described in the Affiliate Guide, Affiliate Dashboard or another official Club Athletica communication.
Club Athletica is not responsible for delays caused by:
- missing payment information;
- incorrect account information;
- payment-provider issues;
- rejected transactions;
- an Affiliate's failure to maintain an active payment account; or
- information reasonably required for payment not being supplied.
16. Refunds, Returns, Cancellations and Chargebacks
Commission is not payable in relation to amounts refunded, returned, cancelled, charged back or otherwise reversed.
If a commission has already been Approved but the underlying transaction is subsequently:
- refunded;
- partially refunded;
- returned;
- cancelled;
- charged back; or
- found to be fraudulent,
Club Athletica may reverse the corresponding commission.
If an affected commission has already been paid, Club Athletica may, where legally permissible, offset the amount against future Affiliate commissions or request repayment.
17. Self-Referral
Affiliates must not generate commission from their own purchases.
This includes purchases:
- made directly by the Affiliate;
- made using the Affiliate's own shareable code;
- made through the Affiliate's own link;
- made using another account controlled by the Affiliate;
- arranged through another person for the primary purpose of generating commission; or
- otherwise structured to circumvent the self-referral prohibition.
Attempted self-referral may result in commission reversal, suspension or termination.
18. Customer Knowledge and Consent
Affiliates must not apply or arrange for an Affiliate code to be applied to a customer's order without the customer's knowledge.
Affiliates must not:
- alter checkout behaviour;
- inject their code into transactions;
- override another Affiliate's code;
- manipulate cookies;
- force attribution;
- intercept another Affiliate's referral;
- interfere with customer choice; or
- otherwise attempt to claim commission on a transaction they did not genuinely refer.
Such conduct may be treated as Affiliate Program fraud.
19. Unauthorized Distribution of Affiliate Codes
Affiliate codes and links are intended to be promoted primarily through the Affiliate's own genuine content and approved channels.
Unless Club Athletica provides written approval, Affiliates must not intentionally distribute or submit Affiliate codes or links through:
- coupon websites;
- voucher websites;
- deal aggregators;
- browser extensions;
- cashback platforms;
- discount-code databases;
- code-sharing websites;
- automated coupon-submission services;
- unauthorised third-party applications;
- unsolicited bulk email;
- unsolicited bulk SMS;
- spam;
- forums primarily intended for mass coupon distribution; or
- any platform specifically prohibited by Club Athletica.
An Affiliate must not ask, encourage, pay or arrange for another person to publish the Affiliate's code on a prohibited platform on their behalf.
Commission reasonably attributable to prohibited distribution may be treated as ineligible.
20. Third-Party Posting of Codes
Club Athletica recognises that Affiliate codes may sometimes be copied or published by third parties without an Affiliate's knowledge.
The mere appearance of an Affiliate's code on an unauthorised website will not automatically prove intentional misconduct by the Affiliate.
When assessing possible misuse, Club Athletica may consider relevant evidence including:
- source traffic;
- repeated activity;
- timing;
- referral patterns;
- Affiliate communications;
- historical behaviour;
- repeated prohibited publication;
- whether the Affiliate participated in or encouraged the publication; and
- other reasonably available evidence.
This clause is intended to distinguish deliberate misuse from genuinely unauthorised third-party activity.
21. Paid Advertising
Unless Club Athletica gives prior written permission, Affiliates must not use paid advertising to promote:
- their Affiliate link;
- their Affiliate code;
- Club Athletica-branded landing pages; or
- advertisements intended primarily to generate Affiliate commission.
This includes:
- Google Ads;
- Bing Ads;
- sponsored search;
- paid search;
- paid shopping campaigns;
- paid social campaigns; and
- comparable paid advertising platforms.
22. Branded Search Terms
Affiliates must not bid on or purchase advertising against Club Athletica branded keywords without written approval.
Prohibited terms include, without limitation:
- Club Athletica;
- ClubAthletica;
- Club Athletica discount;
- Club Athletica coupon;
- Club Athletica promo code;
- common misspellings;
- brand variations; and
- other terms reasonably intended to intercept customers searching specifically for Club Athletica.
23. Social Media and Website Impersonation
Affiliates must not create an account, domain, profile or page that could reasonably cause a consumer to believe it is an official Club Athletica account.
Without written permission, Affiliates must not use usernames or domains such as:
- ClubAthleticaOfficial;
- ClubAthleticaSale;
- ClubAthleticaDiscount;
- ClubAthleticaAustralia; or
- another confusingly similar identifier.
Affiliates must clearly present themselves as independent Affiliates rather than Club Athletica itself.
24. Affiliate Marketing Disclosures
Affiliates are responsible for clearly disclosing their commercial relationship with Club Athletica where required by law, platform rules or applicable advertising standards.
Where an Affiliate earns commission from purchases generated through their code or link, the Affiliate should make that relationship clear to their audience.
Depending on the circumstances, appropriate disclosures may include wording such as:
- “Club Athletica Affiliate”;
- “I earn commission from purchases using my code”;
- “Affiliate link”; or
- another sufficiently clear disclosure.
The Affiliate is responsible for ensuring disclosures are clear, prominent and appropriate for the relevant platform and audience.
25. Product Claims and Advertising Accuracy
Affiliates must represent Club Athletica accurately.
Affiliates must not make:
- false product claims;
- misleading performance claims;
- fabricated reviews;
- false stock claims;
- misleading urgency claims;
- false pricing claims;
- medical claims;
- unsupported comparative claims; or
- representations that Club Athletica has not authorised and that could reasonably mislead consumers.
Affiliates should rely on official Club Athletica product information where making factual product claims.
26. Pricing and Promotional Claims
Affiliates must not advertise a Club Athletica discount, sale, promotion, product price or shipping offer after the applicable promotion has expired.
Club Athletica may provide Affiliate marketing materials from time to time.
Affiliates are responsible for ensuring content containing time-sensitive pricing or promotional claims is updated or removed when it is no longer accurate.
27. Brand Representation
Affiliates must represent Club Athletica in a manner reasonably consistent with Club Athletica's brand and values.
Affiliates must not knowingly engage in conduct using Club Athletica's name that is:
- deceptive;
- fraudulent;
- unlawful;
- threatening;
- defamatory;
- discriminatory;
- hateful;
- obscene; or
- otherwise likely to cause serious and unjustifiable reputational harm to Club Athletica.
Nothing in these Terms prevents an Affiliate from providing genuine opinions or lawful criticism.
28. Prohibited Content
Affiliates must not use Club Athletica Affiliate links, codes, logos, imagery or promotional materials in connection with:
- unlawful activity;
- hate speech;
- discriminatory content;
- pornography;
- exploitation;
- fraud;
- scams;
- violent extremist content;
- intellectual-property infringement; or
- other unlawful material.
29. Club Athletica Intellectual Property
Club Athletica retains ownership of its intellectual property, including:
- Club Athletica™;
- logos;
- trademarks;
- product names;
- website content;
- graphics;
- photographs;
- campaign imagery;
- designs;
- copy;
- marketing assets; and
- brand materials.
Approved Affiliates receive a limited, revocable, non-exclusive, non-transferable licence to use approved Club Athletica materials solely for participating in the Affiliate Program.
Affiliates must not materially alter Club Athletica trademarks or present Club Athletica intellectual property as their own.
30. Affiliate-Created Content
Except where otherwise agreed, Affiliates retain ownership of original content they create.
By tagging Club Athletica, directly submitting content to Club Athletica for reposting or expressly agreeing to content usage, the Affiliate may grant Club Athletica permission to repost that content in accordance with any applicable agreement or permission.
Participation in the Affiliate Program alone does not automatically transfer ownership of all Affiliate-created content to Club Athletica.
31. Marketing Materials
Club Athletica may provide marketing assets including:
- photographs;
- videos;
- banners;
- product launches;
- promotional graphics;
- logos;
- captions;
- campaign information; and
- collection announcements.
Affiliates may use these assets only in connection with their participation in the Program and subject to any stated campaign restrictions.
Club Athletica may withdraw permission to use outdated or discontinued promotional material.
32. Cookie Tracking
Club Athletica's Affiliate Program may use cookies or comparable tracking technology to attribute referrals.
The applicable cookie duration may be stated in the Affiliate Dashboard, registration form or Affiliate Guide.
Tracking may be affected by circumstances including:
- cookies being deleted;
- customers disabling cookies;
- browser privacy settings;
- device changes;
- platform restrictions;
- tracking-prevention technology;
- the use of another Affiliate's valid referral;
- technical limitations; or
- applicable privacy restrictions.
Club Athletica cannot guarantee attribution where the necessary tracking information is unavailable.
33. Attribution Rules
Where a customer interacts with multiple Affiliate links or codes, attribution may be determined by the rules configured within Club Athletica's Affiliate platform.
The Affiliate platform is an administrative tracking system and is not, by itself, conclusive evidence that commission is payable.
Club Athletica may correct attribution where reasonably reliable evidence shows that:
- the system attributed the order incorrectly;
- Affiliate tracking was manipulated;
- the customer used a code improperly;
- the transaction breached these Terms; or
- the commission was otherwise invalid.
34. Affiliate Networks and Downlines
Where the Network feature is enabled, an Affiliate may be able to invite other Affiliates into their network or downline.
Any upline or network commission will be determined by Club Athletica's current Program configuration.
Club Athletica may:
- disable the Network feature;
- change future network commission settings;
- modify eligibility for network participation; or
- discontinue network commissions,
subject to reasonable notice for material changes where practicable.
Affiliates may not use misleading, deceptive or spam-based methods to recruit other Affiliates.
35. Fraud and Program Abuse
Prohibited activity includes, without limitation:
- fake traffic;
- bot traffic;
- artificial clicks;
- click farms;
- self-referrals;
- fabricated customer orders;
- unauthorised code distribution;
- manipulating Affiliate attribution;
- customer collusion;
- falsifying information;
- cookie stuffing;
- forced redirects;
- hidden Affiliate links;
- code injection;
- intercepting other Affiliate referrals;
- placing codes into checkouts without customer knowledge;
- fraudulent refunds;
- coordinated transaction manipulation; or
- attempting to artificially generate commission.
Fraud or material Program abuse may result in:
- transaction reversal;
- commission rejection;
- payment hold;
- code deactivation;
- account suspension;
- Program termination; and/or
- recovery of amounts paid in error where legally permitted.
36. Compliance Investigations
Where Club Athletica has reasonable grounds to suspect a breach, it may conduct an investigation.
Relevant information may include:
- Affiliate-platform records;
- referral information;
- order records;
- source and medium information;
- customer details;
- traffic patterns;
- coupon-site records;
- publicly available webpages;
- screenshots;
- archived website records;
- social-media posts;
- paid advertisements;
- Affiliate communications;
- payment records;
- device or technical data lawfully available to Club Athletica; and
- other reasonably reliable evidence.
Club Athletica may contact the Affiliate for further information where appropriate.
37. Evidence and Program Records
Club Athletica may rely on reasonably reliable records generated by its:
- Affiliate platform;
- ecommerce platform;
- payment processor;
- analytics systems;
- fraud-prevention systems;
- customer-service systems; and
- other legitimate business systems.
No single data point, including an “Approved” Dashboard status, will necessarily determine commission eligibility where other reasonably reliable evidence demonstrates that a transaction was ineligible.
38. Confidential Fraud-Prevention Information
Club Athletica may provide an Affiliate with a general explanation for commission rejection, reversal, suspension or termination where appropriate.
However, Club Athletica is not required to disclose information where disclosure would reasonably:
- reveal confidential fraud-detection methods;
- enable circumvention of security systems;
- disclose another person's personal information;
- compromise an investigation;
- breach confidentiality obligations;
- disclose commercially sensitive information; or
- otherwise be unlawful.
39. Commission Disputes
If an Affiliate disputes a commission rejection or reversal, they may submit a written review request to:
customerservice@clubathletica.com.au
The request should be submitted within 30 days of the Affiliate being notified of the relevant decision and should identify:
- the disputed transaction;
- the commission amount;
- the reason for the dispute; and
- any supporting information.
Club Athletica will review the dispute in good faith and consider reasonably available information.
Submitting a dispute does not automatically reinstate a commission.
40. Affiliate Suspension
Club Athletica may temporarily suspend an Affiliate account where reasonably necessary to:
- investigate suspected misconduct;
- protect customers;
- prevent further potential fraud;
- protect Program integrity;
- respond to security issues; or
- investigate a material breach of these Terms.
During suspension, Club Athletica may temporarily deactivate Affiliate links or codes and place affected commission payments on hold.
41. Affiliate Program Termination
Club Athletica may terminate an Affiliate's participation where reasonably necessary, including due to:
- material breach of these Terms;
- fraud;
- repeated code misuse;
- prohibited advertising;
- self-referral;
- deceptive conduct;
- serious brand misuse;
- inactivity;
- repeated failure to comply with reasonable Program requirements;
- Program restructuring;
- discontinuation of the Affiliate Program; or
- another legitimate commercial or compliance reason.
Termination may take effect immediately where serious fraud, deliberate abuse or significant misconduct is reasonably established.
42. Commissions Following Termination
Termination does not automatically invalidate commissions generated before termination.
Eligible commissions validly earned before termination and not connected with prohibited or ineligible conduct will remain payable in accordance with these Terms.
However, Club Athletica may continue reviewing pre-termination transactions after an Affiliate's account has been suspended or terminated.
Club Athletica may reject or reverse a pre-termination commission where it reasonably determines that the commission arose from or was materially affected by:
- fraud;
- self-referral;
- prohibited code distribution;
- attribution manipulation;
- prohibited paid advertising;
- an ineligible transaction;
- a material breach of these Terms; or
- another form of Affiliate Program abuse.
An “Approved” status before termination does not prevent a commission from being reversed where later information demonstrates that the transaction was ineligible.
Club Athletica will not forfeit otherwise legitimate commission solely because an Affiliate account has been terminated.
This is the clause that directly fixes the ambiguity exposed by the complaint you received.
43. Voluntary Withdrawal
An Affiliate may request removal from the Affiliate Program at any time by contacting:
customerservice@clubathletica.com.au
Withdrawal does not automatically invalidate legitimate commission already earned, subject to these Terms.
44. Taxes
Affiliates are responsible for determining and paying any personal, business, income, GST or other taxes arising from commission received through the Affiliate Program.
Club Athletica does not provide individual tax advice.
Affiliates should obtain independent tax advice if required.
45. Affiliate Expenses
Unless expressly agreed otherwise in writing, Affiliates are responsible for their own expenses associated with participation in the Program, including:
- internet;
- devices;
- photography;
- content creation;
- travel;
- advertising;
- software; and
- other expenses.
Participation in the Program does not create an entitlement to reimbursement.
46. No Guaranteed Earnings
Club Athletica does not guarantee:
- any minimum level of commission;
- any minimum number of referrals;
- any level of sales;
- free products;
- gifting;
- paid collaborations;
- social media growth;
- continued Affiliate status; or
- any particular financial outcome.
Affiliate performance will vary.
47. Gifting and Additional Benefits
Club Athletica may occasionally provide selected Affiliates with:
- gifts;
- products;
- store credit;
- campaign invitations;
- event invitations;
- early access;
- photoshoot opportunities;
- increased commission rates; or
- other benefits.
Unless expressly stated otherwise, these benefits are discretionary and do not create an ongoing entitlement.
48. Affiliate Tiers
Club Athletica may operate different Affiliate tiers or classifications.
Eligibility may be determined by factors such as:
- sales;
- engagement;
- content quality;
- activity;
- campaign participation;
- brand alignment; and
- other legitimate Program criteria.
Club Athletica may review Affiliate tier eligibility periodically.
49. Marketing Communications
By joining the Affiliate Program, Affiliates may receive Program-related communications including:
- commission information;
- campaign opportunities;
- launches;
- promotional information;
- Affiliate resources;
- Program updates; and
- operational notices.
Where Club Athletica separately sends commercial email or SMS marketing, applicable consent and unsubscribe requirements will apply.
50. Privacy
Club Athletica will handle Affiliate personal information in accordance with its Privacy Policy and applicable privacy laws.
Information may be used for:
- administering the Affiliate Program;
- processing commission;
- preventing fraud;
- communicating with Affiliates;
- analysing Program performance;
- maintaining business records; and
- complying with legal obligations.
Privacy Policy: [INSERT LINK]
51. Changes to the Affiliate Program
Club Athletica may modify the Affiliate Program from time to time, including:
- commission rates;
- discounts;
- Affiliate benefits;
- campaign rules;
- tracking arrangements;
- Program features;
- payment processes; and
- eligibility criteria.
Club Athletica will endeavour to provide reasonable notice before material changes that adversely affect existing Affiliates take effect, where practicable.
Changes will generally apply prospectively unless a retrospective change is reasonably necessary to correct fraud, technical error or illegality.
52. Changes to These Terms
Club Athletica may update these Terms where reasonably necessary for:
- Program administration;
- legal compliance;
- fraud prevention;
- technical changes;
- Program improvements; or
- legitimate business reasons.
The current version will be published on Club Athletica's website or Affiliate platform.
For material changes, Club Athletica will endeavour to provide reasonable notice.
Continued participation in the Program after updated Terms take effect constitutes acceptance of those Terms, to the extent permitted by law.
53. Discontinuation of the Program
Club Athletica may discontinue the Affiliate Program for legitimate business reasons.
Where practicable, Club Athletica will provide reasonable notice.
Discontinuation does not automatically invalidate legitimate commission validly earned before the Program ended, subject to the eligibility and compliance provisions of these Terms.
54. Limitation of Liability
Nothing in these Terms excludes, restricts or modifies a statutory guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.
Subject to those rights and to the extent permitted by law, Club Athletica will not be responsible for indirect or consequential loss arising solely from participation in the Affiliate Program.
Club Athletica does not guarantee that the Affiliate platform, links, tracking systems or Dashboard will operate without interruption or error.
55. Affiliate Indemnity
To the extent permitted by law, an Affiliate may be responsible for loss reasonably suffered by Club Athletica arising directly from the Affiliate's:
- fraud;
- deliberate unlawful conduct;
- material breach of these Terms;
- infringement of third-party intellectual property rights; or
- unauthorised representations made on Club Athletica's behalf.
Nothing in this clause requires an Affiliate to indemnify Club Athletica for loss caused by Club Athletica's own unlawful conduct, negligence or breach where such responsibility cannot lawfully be transferred.
56. No Waiver
If Club Athletica does not immediately enforce a provision of these Terms, that does not permanently waive its right to enforce that provision later.
A waiver is effective only where clearly communicated by Club Athletica.
57. Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision will be severed or interpreted to the minimum extent required.
The remaining Terms will continue to apply.
58. Governing Law
These Terms are governed by the laws of Queensland, Australia.
Subject to any mandatory legal rights that cannot be excluded, disputes relating to the Affiliate Program will be governed by those laws.
59. Questions and Contact
Questions regarding these Terms, Affiliate commission or Program participation may be directed to:
Club Athletica™
Email: customerservice@clubathletica.com.au
Website: [INSERT WEBSITE]
Instagram: @clubathletica
60. Acceptance
By applying to or continuing to participate in the Club Athletica Affiliate Program, the Affiliate confirms that they have read, understood and agreed to these Terms.
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