AFFILIATE AGREEMENT: Our Terms & Policies
This Affiliate Agreement (including any schedules, exhibits or addenda attached hereto, the “Agreement”), is made and entered into as of the date identified below (the “Effective Date”), by and between ElevenLabs Pty Ltd (“ElevenLabs” or “Promoter”), and the affiliate identified below (“Affiliate” or “you”).
By participating in the ElevenLabs Affiliate program, you are agreeing to all of the following Terms and Conditions (the “Agreement”). If you do not agree to or understand any of the language in this Agreement, then we ask that you please refrain from signing up or participating in any of our promotions. That said, the responsibility rests on you to completely understand any & all terms before becoming an affiliate partner for any of our products.
ElevenLabs reserves the right to add, delete and/or modify any of the terms and conditions in this agreement, at any time and at its discretion alone, by posting a notice announcing a change or a new agreement on the ElevenLabs.com.au website. If you do not wish to accept a particular amendment, you only reserve the right to terminate the agreement and your participation in the affiliate program. Your continued participation in the affiliate program following notice of a change or a new agreement on the ElevenLabs.com.au website will automatically constitute acceptance of the changes.
As an affiliate, you are expected to act with honesty, comply completely with guidelines and adhere to all laws. By participating in the affiliate program (the “Program”) conducted by ElevenLabs (the “Promoter”) you (the “Affiliate”) agree to the following Terms and Conditions:
SERVICES
The Affiliate agrees to provide to ElevenLabs under the terms and conditions of this Agreement, services (the “Services”) in connection with ElevenLabs Affiliate Program (the “Program”). As part of the Services, the Affiliate will generate and post content (including, without limitation, text, videos and images) regarding ElevenLabs brand and ElevenLabs products on the Affiliates Instagram, Instagram Story, Twitter, Facebook, blog, YouTube and Pinterest (the “Social Channels”) (collectively the “Content”) in an effort to generate sales.
WHAT PRODUCTS ARE INCLUDED?
All products available on www.ElevenLabs.com.au
HOW DOES THE AFFILIATE PROGRAM ACTUALLY WORK?
Our affiliate program runs through our E-commerce software. The system is set up on a “last clicked” basis. This means that the affiliate link a customer clicked on LAST (the one that drove the buyer to purchase) will get credit for the sale. Our system can recognize when people purchase using an affiliate link or not.
There are a few simple steps to becoming a ElevenLabs Affiliate:
1. Sign up to the program on the affiliate registration page and follow the instructions by filling out the relevant details.
2. Wait for approval. Depending on volume of applications this could take up to 14 business days.
Once approved you will receive your unique tracking link.
3. Now you will need to paste the link to your site/social media.
4. Add a link to your website on your website, blog, Instagram, Facebook, Twitter or YouTube channel.To copy the code or the link, you need to highlight the section you want to copy by dragging your cursor over it, then press ctrl c. To paste the code or link into your blog or website, you need to press ctrl v. On a MAC, replace pressing the ctrl button with the command or apple key.
Our Affiliate program will detect each click generated by your affiliate ID and store a cookie in the visitor's computer. If the visitor makes a purchase within 30 days of the first click, you'll get 10% of the sales revenue (excluding shipping, tax and discounts) Affiliates who generate sales above $1000 AUD per month are entitled to a further 2.5% commission on sales (maximum 12.5%). We keep track of the most recent clicks and you can see them on your own affiliate area (it's an easy way to make sure the link you added on your website is working properly). If a conversion originated from the same IP-address as the affiliate, the sale will not be approved.
How do I get paid?
You will receive your payment via PayPal, Wise or bank transfer. Bank transfer is only available to accounts in Australia.
When will I get paid?
Payments will be made after 30 days on the 1st of every month however if it falls on a weekend or public holiday, payments will be made on the next business day. You will be paid in Australian Dollars (AUD).
HOW DO I KNOW IF I’M ELIGIBLE?
The basic requirements for participating in a ElevenLabs Affiliate program: Affiliates must be 18 years or older to participate. ElevenLabs reserves the unconditional right to accept or deny any Affiliate who enters the Program via the signup forms on our website.
In the unlikely event a refund is processed from your referral, the paid commission will be deducted from the following months commission payment.The Affiliate agrees and understands that if any of their communications associated with or for this promotion (marketing, websites, blog posts, videos, audios, emails, Tweets, Facebook posts, Instagram posts etc.) are deemed offensive or inappropriate, that Affiliate will be deemed, at the sole discretion of the Promoter, ineligible to participate in any and all Affiliate promotions. The Affiliate in question will then be disqualified from receiving any further commission, recognition, communication or compensation from ElevenLabs.
Please note that commissions tracked where a coupon code intended for another channel or affiliate has been used may result in cancellation.The Affiliate may also be immediately removed from any & all promotions and Affiliate programs (and will be in violation of this Agreement) if, at the sole discretion of the Promoter, the Affiliate’s marketing:
a) contains unlawful material, including but not limited to materials that may violate another’s intellectual property rights, or links to a site that contains such material;
b) contains information regarding, promotes or links to a site that provides information about or promotes illegal activity;
c) promotes, depicts or links to material that promotes or depicts discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age;
d) contains, promotes or links to sexually explicit or violent material; e) uses the Promoter’s banners, brand name, likeness, images, and videos, on their own websites, thus creating market and consumer confusion (which is usually referred to as copyright or trademark infringement, and is illegal).
In short: you may not present our banners, images or videos as if they are your own on your own site’s or any other site’s, as it may cause a customer to opt-in thinking they are signing up to receive our communications rather than yours. We firmly believe that if you wish to generate sales, it is in your best interest to establish your own identity, voice, brand and sites, and authentically promote our program(s) in your own way – not posing as its creators;
f) is, for any other reason, deemed to be unsuitable by the Promoter;
g) offers a cash incentive or discount on product(s) as a means of promotion;
h) runs any paid ad with the terms ElevenLabs, any of the URLs we own, and/or the name of any product offering Affiliate commissions.
ElevenLabs reserves the right to disqualify and revoke an Affiliate’s standing from any Affiliate program, cancel pending commissions based on inappropriate behaviour or marketing by the Affiliate, and to amend this Promotion or Agreement at any time without notification to Affiliate.
In short: please only use ethical, honest means to promote our product(s). Should a creative thunderbolt strike with an idea for using ElevenLabs, or any of our products in a unique way to promote our products or programs, please request written permission from hello@elevenlabs.com.au.
COMMISSION DETAILS
The base commission is 10% for all goods on the website (excludes tax, shipping and discounts) with an additional 2.5% (max 12.5%) for VIP Affiliates that bring in over $1000 of sales per month. The ElevenLabs team will monitor sales and the system very closely to ensure everything is working properly. Therefore, all affiliate reports that states who brought in each sale are final. If they do not show up in our system as your sale, you will not get credit for the sale.
In order to avoid a mistake of this nature, make sure you are absolutely clear in your promotional material, that customers you are referring to the product must use your special link to purchase. It’s very important that you are clear when promoting to friends and your list that purchases must be made via your special link.
Commissions are not paid on, and will not include, a single sale to the Affiliate themselves. In other words, the Affiliate cannot receive a commission by purchasing the product themselves, through their own link.
Affiliate commissions are counted, and final numbers are deemed final at the sole discretion and decision of the Promoter. Promoter also reserves the right to change the dates of the commission payout.Commission will be paid out to the Affiliate by the Promoter after 30 days on the 1st day of each month unless it falls on a weekend or public holiday in which case they will paid the following business day. Affiliate commissions will not be paid based on any sales or amounts that are attributed to spam, credit card fraud, or returned Product. If a sale is cancelled or refunded for any reason, any paid commission will be deducted from the amount owed to the Affiliate and any subsequent payment.
The Promoter is NOT responsible for the Affiliate using or maintaining their Affiliate links and only sales tracked through the Promoter’s system will count towards the Affiliate’s commissions. All sales and commission numbers are tallied by the Promoter and all final sales and commission numbers are at the sole discretion of the Promoter.
While the Promoter makes every reasonable effort to accurately track and pay commissions for all Affiliate sales, the Promoter is not responsible, nor under any circumstances will be held liable, for any technical difficulties, outside events, actions by other Affiliate, or other uncontrollable events that may disrupt or interfere with the Promoter’s ability to track sales or pay commissions.
Under no circumstances will the Promoter be held liable for any incidental, indirect, or consequential damages, or any loss of revenue or profit that results from the Affiliate’s participation in this program.
EARNINGS DISCLAIMER
The team at ElevenLabs work hard to ensure we accurately represent our Affiliate program and its earning potential. However, nothing on our Sites or in this agreement is a promise or guarantee of earnings. We cannot guarantee that you will get any results or earn any money whatsoever. This is not a “get rich quick” scheme.
The Affiliate alone is responsible for their strategies, actions and results in life and business. Any forward-looking statements outlined on our sites or in our Promotions are simply our hopes or forecasts for future potential, and thus are not guarantees or promises for actual performance. These statements are simply our opinion. Each Affiliate’s level of success in attaining results is dependent upon a number of factors including: business savvy, marketing knowledge, dedication, network, and subscriber list. Because these factors differ so widely according to individuals, we cannot guarantee any degree of success, income level, or ability to earn revenue.
SPAM AND UNSOLICITED EMAIL WARNING
ElevenLabs has a firm zero tolerance policy toward any Affiliate who spams any party or individual. As an Affiliate you are agreeing NOT to send any unsolicited email to any party in promotion of any of our products. Should an Affiliate be caught spamming, they will be removed from the Affiliate program altogether, and any commissions or pending commissions will be cancelled and/or forfeited.
Spam is defined as emailing or posting to anyone who has not requested information via email or a website. This also includes “spamming search engines” with links.
RESTRICTIONS
The Affiliate may not use ANY copyright, trademark, service mark, or general branding of the Promoter without full disclosure and permission of the Promoter.
AFFILIATE MAY NOT
a) frame the Affiliate’s website to look like the Promoter’s website or to utilise the Promoter’s branding in any way that would confuse customers or the general public as to who is hosting or promoting such a website;
b) take any action that could reasonably cause any customer confusion as to Affiliate’s relationship with Promoter, or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring;
c) read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to Promoter by any person or entity;
d) seek to purchase or register any domains or other identifiers that include variations on the trade or service marks or names of the Promoter intended to approximate misspellings or typographical mistakes of same or which otherwise would constitute typo or domain squatting, including variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service unless otherwise agreed to by the Promoter. Promoter may cancel the Affiliate participation in this program, withhold or cancel commissions, or take any other action at its sole discretion should the Affiliate carry out any of the behaviour above;
e) seek to purchase or register any keywords, search terms or other identifiers related to the trademarks of the Promoter or the trade or service marks or names of Promoter’s primary competitors, including misspellings or variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service unless otherwise agreed to by the Promoter.
COUPON CODE MARKETING GUIDELINES
Coupon code marketing is allowed, but affiliates must adhere to the following terms:Affiliates are permitted to use active coupon codes provided exclusively through the ElevenLabs Affiliate Program. Affiliates are not permitted to promote unauthorised coupon codes, codes that are exclusive to other affiliates, codes provided in customer-oriented newsletters or other promotional codes from ElevenLabs non-affiliate program marketing efforts. Use or attempted use of any coupon code received from any source other than directly from the ElevenLabs Affiliate Program will result in lost commissions and/or removal from the program.
Promotion language must be simple, easy to understand, and should include the following: The offer, the coupon code, the expiration date, and approved text link only. Publishers of the coupon code must not use “bait and switch” language, misrepresentations, or false advertising when promoting offers (i.e: “Click here for more possible deals”). Publishers must remove invalid coupon codes and banners, or make clear to readers that the code is expired.
Affiliates bear the responsibility for removing any unauthorised, user-submitted codes.Failure to follow these guidelines will result in suspension and lost commissions. Upon warning, affiliates must remove all violations. Repeated abuse will result in cancellation of your affiliation and any pending commissions owed will not be paid if your account is terminated due to coupon code misuse.
RELATIONSHIP OF PARTIES
Although we love our Affiliates, nothing in this Agreement shall be deemed to create a partnership, joint venture, agency relationship, or employment relationship between ElevenLabs and the Affiliate. Under no circumstances will Promoter be held liable for any actions or results of the Affiliate.Affiliate is participating in the Affiliate program as a fully independent entity and is responsible for any and all federal, state, local, and/or foreign income taxes and self-employment taxes, and any and all other federal, state, and local licenses, fees or taxes, or sales tax, including withholding taxes, social security taxes, and public liability and workers’ compensation insurance.
CONFIDENTIALITY AGREEMENT
The Affiliate hereby agrees not to copy, alter, share, use, duplicate, distribute, or adapt any of the Promoter’s confidential information which is not directly provided or approved by the Promoter, or any confidential information – disclosed or otherwise – that comes into its possession under or in relation to this Agreement.
The Affiliate shall not disclose the terms of this Agreement to any third party other than to the Affiliate’s employees and agents who
(a) have a need to have access to such information
(b) agree in writing to comply with the confidentiality provisions of this Agreement.This Agreement imposes no obligation of confidentiality on the Affiliate with regard to any portion of Promoter’s confidential information
(a) that is part of the public domain at the time of disclosure; or
(b) that becomes part of the public domain after the Promotion without any unauthorized act by or omission of the Affiliate; or
(c) if Affiliate can demonstrate by written records that he/she had independently developed knowledge of such confidential information prior to the date of disclosure; or
(d) if permission to use or disclose said confidential information is first obtained by Affiliate in writing from Promoter; or
(e) if Affiliate is required by law, regulation, rule, act, or order of any court or other government authority or agency to disclose such confidential information.
In general, Affiliate may not disclose any financial, personal, or business information about the Promoter or its executives without permission from the Promoter. Such disclosure is grounds for legal action, equitable relief, and termination of this Agreement.
Intellectual Property Rights
Affiliate hereby grants to ElevenLabs and its subsidiaries, affiliates, licensees, agents, representatives, successors and assigns:Unrestricted, fully-paid, royalty free, exclusive, transferable and irrevocable rights, power and authority to use, reproduce, publish, print, distribute, transmit, copy or otherwise use any of the Content, worldwide and perpetually, in whole or in part, in any medium known now or later discovered, for the purpose of its advertisements, promotions, marketing activities, public relations, educational and other commercial or non-commercial purposes, subject only to the payment made to the Affiliate.Affiliate shall have the revocable, unlimited, perpetual and worldwide right to use the Content, for Affiliates’s promotional purposes, in any and all media now known or hereafter developed.
Disclaimer
ELEVENLABS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PROGRAM, ELEVENLABS SERVICES, WEB SITE OR THE PRODUCTS OR SERVICES PROVIDEDTHEREIN, ANY IMPLIED WARRANTIES OF ELEVENLABS ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED.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.
TERMINATION
The relationship between the Parties may be terminated by either party on 30 days written notice prior to termination. Upon termination, it is understood that the Confidentiality and Indemnification clauses above will remain in effect for perpetuity.
SEVERABILITY
If any provision or covenant, or part thereof, of this Agreement should be held by any court or other legitimate tribunal with appropriate jurisdiction to be invalid, illegal or unenforceable, either in whole or in part, such invalidity, illegality or unenforceability shall not affect the validity, legality or enforceability of the remaining provisions or covenants, or any part thereof, of this Agreement, all of which shall remain in full force and effect.
CONTACT
Reach out to us at hello@elevenlabs.com.au
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