PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SITE OR ACCESSING OUR AFFILIATE PROGRAM
Welcome to Foundd Legal Affiliate Program! Thank you for interest in joining our Affiliate program ("Program")
This Site and the Program are owned and operated by Foundd Legal Pty Ltd (ACN 162 433 294) trading as Foundd Legal (referred to in these terms as “Foundd Legal”, “we”, “us”, and “our”).
Foundd Legal is a company incorporated in Queensland, Australia. The terms and conditions set out below, our Website Terms and Conditions and our Privacy Policy together with any other documents expressly mentioned or incorporated by reference (collectively the “Terms”), governs your access to and participation in our Affiliate Program (“Program”).
When does it all become legal?
These Terms are entered into between you as the Affiliate and us as the owners of Foundd Legal. In order to participate in the Program, you must accept these Terms. By applying to participate in the Program you are deemed to have accepted these Terms.
These Terms apply to individuals who are accessing or using the Program as an affiliate (“you” or “affiliate”) who refers customers to purchase one of Foundd Legal's template documents, membership, checklists or courses via a link from the Affiliate or via the Affiliate’s website.
We reserve the right to update or amend our Terms, policies and/or operating procedures at any time without notice to you including those set out in our Pack. You are deemed to have accepted any such updates if you continue to participate in the Program.
By participating in the Program, you agree to use the Program in the manner specified in these Terms and in accordance with our policies and procedures as set out in our Affiliate onboarding pack ("Pack"). If you do not agree to these Terms in their entirety, you are not authorised to register as an Affiliate or participate in the Program in any manner. By completing and submitting your Registration Form, you accept these Terms.
By using the Site, accessing or signing up to become an Affiliate you warrant that:
(a) you are over the age of majority in your jurisdiction and have the legal capacity to enter into a legally binding contract;
(b) have read and accepted these Terms; and
(c) will comply with these Terms.
It’s your decision to decide if participating in the Program is suitable for you! So do your due diligence!
You acknowledge that you have independently considered the suitability of the Program for your individual needs without relying on any representation or statement other than those contained within these Terms. You acknowledge that you have read and understood the Terms prior to accepting the Terms and have sought professional and/or legal advice should you require clarification on any aspect of the Terms.
Below we have set out all the other key legal terms and conditions, as mentioned before please read through carefully.
1. Who can be an Affiliate?
Anyone over 18 who has been accepted through our application approval process.
2. How do I become an Affiliate?
What we use to run the Program
We use the Upp Affiliate App (the “platform”), a third-party affiliate marketing software, to manage our Affiliate program. As to how you become an affiliate, details of the process are as set out below:
Complete the registration form
(a) When you complete the online form for our Program at https://founddlegal.com/pages/register-affiliate-account, we will receive a notification of your application. We will review your application and once accepted, you will be able to access the platform to provide additional information to ensure we can pay you once you have been onboarded, you will at the same to receive your unique Affiliate Link.
Receive Content and a Pack (if accepted)
(b) In addition to the Affiliate Link, you will also receive our Pack which sets out additional information on how to be an effective Affiliate.
(c) You will be able to login to the platform, where you will be able to check your clicks, conversion statistics, and affiliate fees (Commission) generated. You can access the platform at anytime.
Please use your unique link for referrals
(d) Your unique affiliate link will be made available to you via email and you can also see it in the platform this is the link you can share with your community and track how you are going.
(e) To make this experience the best possible for both you and us, it is important that when sharing about your own experiences with Foundd Legal and marketing our products, you use your unique affiliate link, as only sales that are tracked through your affiliate link will receive commission.
Do not share your login credentials as you are ultimately responsible for their use
(f) You must ensure not to share your login credentials (username and password) as they are personal to you. You are solely responsible for any use of the Program, our Content and Pack by any person using your username and password.
We reserve the right to approve or reject ANY application to the Program in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your application to the Program.
3. Your obligations aka do’s and don’ts
-
provide accurate and current information and advise us immediately should any of your information change;
-
not use your affiliation with us for any illegal or unauthorised purpose;
-
actively encourage your website visitors, followers and/or clients to make a purchase on our website using your affiliate link or code;
-
provide links to our website or the relevant product or service on your website and/or social channels only and not third party sites'
-
ensure that your website visitors, followers and/or clients are aware that you will earn commission by referring them to us by prominently displaying the disclaimer provided to you as part of the Affiliate Onboarding Pack on your website and/or social channels and adding them to your website terms and conditions;
-
not play any affiliate link or code on any page that contains discriminatory content or promotes or engages in any kind of illegal activity;
-
incorporate our branding into all references to us, our website or our products and services;
-
promote our products and/or services in the manner and at the frequency stipulated in the Pack or as otherwise notified in writing;
-
promote any special offers or promotions we have notified you of from time to time;
-
not share your affiliate link on any third party sites that are coupon sites or equivalent;
-
not purchase from our Site using your own personal links that you use to refer others;
-
have appropriate insurance in place; and
-
comply with all applicable laws, including but not limited to Privacy Act 1988 (Cth), Spam Act 2003 (Cth), Schedule 2 of the Competition and Consumer Act 2010 being Australian Consumer Law, any advertising standards or any other industry standards or guidelines that apply to these Terms and our relationship ("Applicable Laws").
4. Our Obligations aka things we will do for you to feel good about being our affiliate
-
list your details on the relevant page of our website as an Affiliate;
-
fulfil orders and process payments as necessary;
-
pay you Commission in accordance with the payment details set out in the Platform;
-
have appropriate insurance in place;
-
provide you with Content and a Pack; and
-
comply with all Applicable Laws.
5. Guidelines for participation
By using our Site, the Pack and our Content we expect you to meet certain standards of behaviour, and to encourage that, we’ve set out some rules below. You must:
-
not breach another person’s privacy and use their details without their consent to do anything on this Site or in connection with our Program;
-
Not use the Program in any way that is or may be damaging to us;
-
Not use the Program to send unsolicited emails;
-
Not use the Program to defame, harass, threaten or offend any person;
-
Not misrepresent us or the Program;
-
Not breach any advertising codes of conduct;
-
Not participate in any act or omission in violation of consumer protection laws and regulations; or
-
Not help anyone else do any of the above.
Well that’s pretty darn clear. Be a good person. Don’t be mean. Don’t be lame. We know you get it.
4. Commissions and payment
When you refer any customer and they make a purchase on our website, you will receive a Commission amount which is calculated based on Commission structure. Commission amount is dependent on order value and not including extra fees (tax etc). Where a customer purchases through a payment process on your website, the provisions in clause 12 (Products and / or Services on your website) below will apply to the Commission and payment.
For you to receive a Commission, you need to specify the payment details on Settings. Payment schedule will be notified in the platform or as otherwise specified in the Pack.
Payments will only be sent for transactions that have been successfully completed. Use of the Program is subject to a fair use policy which gives Foundd Legal the right to review each and every referral order. Status of commission if displayed in the Commission tab, any paid commission will be listed on Payment tab. Transactions that result in charge backs or refunds will not be paid out.
You cannot however, use your affiliate link or code or receive Commission on purchases made for your own business. We can in our sole discretion, provide you with a unique affiliate discount to purchase our products and / or services for your own use at a discounted rate.
In the event that we incur a charge back at any time upto 12 months from the date of purchase, we reserve the right to set off that amount against future commission.
Marketing Content for You
We may share promotional media such as swipe files (emails and/or socials), our Trade Mark, banner, logo or specific promotional content (collectively known as the "Content") to you the Affiliate, through our Marketing tool tab. You can download the media or get the HTML embed code in order to share on your channels. You may also advertise the Foundd Legal website on online channels such as Facebook, Instagram subject to compliance with these Terms and the requirements set out in our Pack including applicable advertising standards.
As a condition of your participation in the Program, we may collect your personal information to enable us to manage, administer and promote our products and services to you, amd where applicable for you to promote to your audience. Where content is marketing at you and not for the purposes of promoting to your audience you can choose to opt out.
Both parties agree to where applicable collaborate together to promote the products and/or services whenever there is a special promotion or offer for the products and/or services.
6. Intellectual Property and Licence
Pre-existing Intellectual Property
Each party will remain the sole owner of all rights in connection with their pre-existing intellectual property. We grant you a non-exclusive, non-transferable licence to use and reproduce the Content and Pack we provide you with for the purposes of the Program and in accordance with any guidelines provided to you.
The Site, the Program, Content and Pack (our “Intellectual Property”) contain Intellectual Property Rights owned by us and / or by third-parties that licence the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, images, all designs, text, videos, audio files, graphics, other files, and software. Your use of the Site, the Program and access to any content (including the Content and Pack) does not grant or transfer any rights, title or interest to you in relation to this Site, the Program, Pack or the Content. Any rights not expressly granted under these Terms are reserved by us.
Except as set out in these Terms, you may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever the our Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site, the Program, the Pack and Content, without payment, if you are found to be violating these Terms.
You grant us the right to establish hyperlinks between your website and our website, and display your branding, trade marks and other collateral elements on our website and social channels to advertise your Affiliate status with us where we deem it appropriate and as is reasonably necessary to establish and promote the Program.
6. Complaints (Dispute Resolution)
We are committed to your enjoyment of and satisfaction with the Program. Should you have any concerns or be dissatisfied in any way, please contact us via email at heyteam@founddlegal.com and include:
-
details of your concern or complaint;
-
details of what you would like us to do to resolve the matter; and
-
copies of any relevant correspondence.
We will acknowledge your complaint within three [3] business days or less and aim to resolve it within fourteen [14] business days. If we are unable to do so, we will provide an explanation accordingly.
You agree not to engage in any behaviour, in public or in private, that is negative or derogatory towards us, and we agree to the same. This includes (but is not limited to) communications with third parties or posting on social media.
Where the parties are unable to resolve a dispute or claim in accordance with the steps set out above, then any dispute or claim arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity of these Terms, shall be resolved by mediation and/or arbitration.
Mediation: In the event of a dispute, the parties agree to first attempt to resolve the dispute through mediation. The parties will jointly select a mediator, who will be neutral and independent. If the parties are unable to agree on a mediator, they will request a list of mediators from a mutually agreed-upon mediation service and select a mediator from the list.
Notwithstanding the provisions dealing with mediation above, if you infringe our Intellectual Property Rights, we reserve the right to immediately terminate your access to the Program and you must immediately cease using our Content and we reserve the right to pursue legal remedies. You will be liable for all costs (including reasonable legal costs) incurred due to your breach of our Intellectual Property Rights.
The Term will commence on creation of your account as part of the Program, and end when terminated in accordance with this clause.
You may terminate your involvement in the Program at any time just send an email to heyteam@founddlegal.com if you no longer wish to be an affiliate. If we breach our obligations you can also notify us in writing
We may terminate at any time for breach by you of these Terms or by written notice (including notice via email).
What happens if the relationship is terminated
Without limiting our rights, if either party terminates:
-
we will pay you all Commission due as at the date of termination (excluding fraudulent transactions, chargebacks or refunds); and
-
each party must return or destroy (at the other party’s request) all Confidential Information of the other party.
Please understand that we will not pay Commission on termination where termination is due to a breach by you.
We use a cookie to track people who have clicked on your link, so they need to be using cookies for us to track them.
If a person doesn't allow cookies or clears their cookies then we can't track them so can't pay earnings on that person's activity.
The tracking day will start from the time a customer clicks on the Affiliate’s link or use the coupon. Every order made by a customer at Foundd Legal's website will automatically result in commissions to you.
9. Removal from Referral Program
10. Warranties, Indemnities, Liabilities and Disclaimers
-
Our products and services and provided on an “as is” basis, without representation, warranty or condition of any kind (either express or implied).
-
No results are guaranteed from your participation in the Program.
-
We do our best to ensure our Site and its content is free from others but we do not give any warranty that it will be free of any errors, inaccuracies, incomplete or fit for purpose.
-
We shall not be deemed in breach of these Terms if our website or products and/or services cease to exist, nor shall we be liable to you if this happens.
-
Any express or implied warranty or condition relating to these Terms or its subject matter that are not contained in Terms are excluded to the maximum extent permitted by law.
-
Nothing in these Terms excludes, restricts or modifies any condition, warranty, right or remedy implied or imposed by any law that cannot be lawfully excluded, restricted or modified.
-
If any warranty or condition is implied into these Terms and cannot be excluded, our liability is limited to resupplying our services involved in the Program or payment of the cost of having our services resupplied.
-
Neither party will be liable or held in breach of these Terms for any failure to perform its obligations to the extent that said failure is caused by the other party’s noncompliance, negligence or misconduct.
-
Neither party will be liable to the other for any loss or damage arising out of these Terms, whether foreseeable or not and however caused, except for confidentiality and indemnification obligations.
-
We will not be liable for any loss or damage suffered by a third party in connection with these Terms.
-
Each party agrees to take reasonable steps to mitigate any loss, damage or expense it may suffer or incur, arising out of anything done or not done by the other party in connection with these Terms.
-
Our liability to you (including under indemnity) is capped to the return of 30 days’ Commission and will be reduced to the extent that your acts or omissions contribute to or cause the liability.
11. Confidentiality and Privacy
Each party agrees that, unless it has the prior written consent of the other party, it will:
-
keep any and all proprietary information relating to the other party’s business, and any other information not generally made available to the public (collectively, the "Confidential Information") of the other party confidential at all times;
-
ensure that any person to whom Confidential Information is disclosed is aware of and complies with this clause; and
-
where there is prior consent, inform the other party of any proposed disclosure, including the form of disclosure, within a reasonable timeframe.
These obligations of confidentiality do not apply to any disclosure that (a) is for the purpose of performing obligations under the Terms or exercising a party’s rights under the Terms; (b) is required by Applicable Law; or (c) relates to Confidential Information that is publicly available through no fault of the receiving party, or was rightfully received from a third party without restriction and without the breach of any obligation of confidence.
Any Confidential Information supplied to us that incorporates personal information will be dealt with in accordance with our Privacy Policy, which is available on our website.
12. Products and / or Services on your website
Where we have agreed (in our sole discretion) and you have accepted to feature our products and / or services on your website for purchase and you take payment directly from the purchaser, in addition to all other provisions set out in these Terms the following will apply:
-
You must pay us (less your agreed Commission) for each successful purchase within 3 business days of receipt of funds from the purchaser;
-
You are responsible for any bank or credit card fees or charges or other fees imposed by your payment provider;
-
You must only upload product images and product descriptions as supplied by us and must not make any changes to this information without our prior written consent;
-
You must provide us with a monthly sales report;
-
You must maintain accurate record keeping relating to all sales and interactions with customers connected to our products and/or services and must maintain the following:
maintain full, true and separate books of the accounts, records and documentation pertaining to your sales relating to our products and/or services
-
provide us with any documentation or information that is necessary to verify and monitor your compliance with your obligations in accordance with these terms and the Affiliate Pack within 7 days of request, excluding or redacting any information that is not relevant to your compliance with these Terms;
provide us with the reports and documentation as set out in the Pack;
-
accounting or any profits made that have not been reported and paying us any funds due as a result of any discrepancies;
-
You will allow us the right to audit your service to the extent that it relates to the purchase of our products and/or services; and
-
You must ensure that you obtain personal information and marketing consents in accordance with Applicable Laws.
The relationship between you and us does not constitute that of a partnership, joint venture, agency or employer and employee. Nothing in this Agreement gives either party the authority to bind the other in any way, nor impose any fiduciary duties on the other party.
Without limiting either party’s rights, each party agrees not to disparage the other or provide negative feedback in a public forum (such as social media or an online review platform) at any time during or following the Term. Where one party is dissatisfied, the issue must be dealt with in accordance with the provision of these Terms relating to disputes.
Except as otherwise set out in the Pack, during the Term, you shall not be permitted to engage in any other collaboration or venture with a competitor in the same vertical as us.
Where a party gives notice, it must be done in writing to the email address provided, or by post to the residential or business address provided. For email, the notice will be considered delivered on the date it was sent, unless a delivery failure notice was received. For registered or express post, the notice will be considered delivered within 5 Business Days of being sent.
These Terms constitutes our entire agreement with you about the subject matter. It supersedes all previous agreements, understandings and negotiations, whether written or verbal.
The formation, construction, performance and enforcement of these Terms will be in accordance with the laws in force in the State of Queensland. You and we submit to the exclusive jurisdiction of the courts of that State.
The Terms will become binding when you submit your registration form and we accept.
We reserve the right to amend or vary the Terms and we will notify you of the changes. You can choose to terminate your participation in the Program if you do not accept the amendments and/or variations. If you continue to participate in the Program, you are deemed to have accepted the amendments and/or variations to these Terms.
If any provision of these is held invalid or unenforceable, it will either be severed from these Terms or replaced by a valid or enforceable provision. If applicable, any new provision will take effect immediately. All other provisions will remain in effect throughout.
You are not permitted to assign these Terms or otherwise deal with any benefits or rights under it without our prior written consent. Conversely, we may do so without your consent.
All headings are for ease of reference and do not affect the interpretation of these Terms. Words in the singular include the plural and vice versa, and references to “including” and similar words do not imply any limit.
We're very glad you've made it to the end of this important document. We wish you all the very best. You can always re-visit these Affiliate Program Terms in the future and if you have any questions you can send an email to heyteam@founddlegal.com for support.
