Affiliate Program – Terms and Conditions
This Agreement contains the complete terms and conditions that apply to an individual’s or entity’s participation in the PrepaidSIMs Affiliate Program (the “Program”). As used in this Agreement, “we”, “us”, or “our” means MIKIS AUSTRALIA PTY LTD T/AS PREPAIDSIMS, or any of our affiliate companies, as the case may be, and “you” means the applicant. “PrepaidSIMs Site” means the site that has its primary home page identified by the URL www.prepaidsims.com.au, and “site” means a World Wide Web site.“Your site” means any site that you will link to the PrepaidSIMs Site (and which you will identify in your Program application). Save for our obligation to pay referral fees under Section 4, which may be performed solely by us, we may cause any of our obligations under this Agreement to be fulfilled by any of our Affiliates (defined below), on our behalf.
1. Enrolment in the Program
To begin the enrolment process, register for an account on the PrepaidSIMs site, then submit an affiliate application. We will evaluate your application in good faith and will notify you of its acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program. Unsuitable sites include, but are not limited to, those that:
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Promote sexually explicit materials
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Promote violence
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Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
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Promote illegal activities
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Breach intellectual property rights
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Includes “PrepaidSIMs”, any other trademark of PrepaidSIMs or its affiliates, or variations or misspellings of any of them, in their URLs to the left of the top-level domain name (e.g., “.com”, “.net”, “.uk”, etc.) — for example, a URL such as “prepaidsims.mydomain.com”, “prepaidsims.com” or “prepaidsims.net” would be unsuitable
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By participating in the Program you agree that you will not engage in any such activities. If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your site is thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this Agreement. Participation in the Program is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to participate in the Program.
2. Links on Your Site
Once you have been notified that your site has been accepted into the Program, we grant you a revocable, non-exclusive, worldwide, royalty-free license for the duration of the term of this Agreement, solely for purposes of facilitating referrals from your site to the PrepaidSIMs Site, to provide on your site one or more of the following types of links to the PrepaidSIMs Site:
PrepaidSIMs Home Page Link: You may provide a “PrepaidSIMs Home Page Link” on your site, which is a Special Link through which we may serve content as we deem appropriate (namely the PrepaidSIMs Home Page for this link). If you choose to provide a graphical PrepaidSIMs Home Page Link, you agree you will use the graphical artwork we serve or otherwise provide to you only to identify the Easy Link. If you choose to provide a text-only PrepaidSIMs Home Page Link, you agree you will not alter the text we serve or otherwise provide to you to identify the PrepaidSIMs Home Page Link.
PrepaidSIMs Product Page Link: You may provide a “PrepaidSIMs Product Page Link” on your site, which is a Special Link through which we may serve content as we deem appropriate (namely the PrepaidSIMs Product Page for this link). If you choose to provide a graphical PrepaidSIMs Product Page Link, you agree you will use the graphical artwork we serve or otherwise provide to you only to identify the Easy Link. If you choose to provide a text-only PrepaidSIMs Product Page Link, you agree you will not alter the text we serve or otherwise provide to you to identify the PrepaidSIMs Product Page Link.
You acknowledge that, by participating in the PrepaidSIMs Affiliate Program and placing any of the above links within your site, we may receive information from or about visitors to your site or communications between your site and those visitors. Your participation in the Program constitutes your specific and unconditional consent to and authorisation for our access to, receipt, storage, use, and disclosure of any and all such information, consistent with the policies and procedures set forth in the Privacy Notice on the PrepaidSIMs Site.
Except for the license granted under this Section 2, you do not obtain any rights under this Agreement in any intellectual property, including, without limitation, any intellectual property with respect to the Special Links, link formats, technical specifications, guidelines or graphical artwork referenced above, or with respect to the prepaidsims.com.au domain name.
You also acknowledge that we (and our corporate affiliates) may crawl or otherwise monitor your site for the purpose of ensuring the quality and reliability of Special Links on your site (for example, to detect links that are broken or non-functional, links to products that are out of stock or otherwise unavailable, etc.). Therefore, you agree that we and our corporate affiliates may take such actions and that you will not seek to block or otherwise interfere with such crawling or monitoring (and that we and our corporate affiliates may use technical means to overcome any methods used on your site to block or interfere with such crawling or monitoring).
You also acknowledge that as a participant in the Program, we may from time to time send you email updates about the Program. By participating in the Program, you consent to our sending you these email updates.
3. Prepaid SIM Card Purchases
We will process SIM Card purchases placed by customers who follow Special Links from your site to the PrepaidSIMs Site. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish. We will be responsible for all aspects of purchasing and fulfilment. Among other things, we will process payments, cancellations, and handle customer service. We will track sales made to customers who make SIM Card purchases by using Special Links from your site to the PrepaidSIMs Site and will make available to you reports summarising this sales activity. The form, content, and frequency of the reports may vary from time to time at our discretion.
4. Commissions
We will pay you referral commissions in accordance with Sections 5 and 6 below. For a Prepaid SIM Card Purchase to be eligible to earn a referral commission, the customer must click-through a Special Link from your site to the PrepaidSIMs Site, and make a genuine purchase. Once registered, you will be eligible for a referral commission each time they make a purchase. The “opportunity” ends if a period of 30 days elapses from the customer’s initial click-through to successful purchase of a Prepaid SIM Card.
To permit accurate tracking, reporting and fee accrual, you must ensure that the Special Links between your site and the PrepaidSIMs Site are properly formatted. We will not be liable for paying referral fees on purchases that are not correctly tracked and reported because the links between your site and the PrepaidSIMs Site are not properly formatted.
You may not purchase Prepaid SIM Cards during sessions initiated through the links on your site for your own use, for resale or commercial use of any kind. This includes purchases for customers or on behalf of customers or Prepaid SIM Card purchases to be used by you or your friends, relatives, or associates in any manner. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
5. Referral Fee Payment
PrepaidSIMs will pay you referral commissions; once your account has reached $50 in commissions earned, and once PrepaidSIMs is duly satisfied that the purchased SIM cards have been activated and used. Referral fees shall be paid in to your nominated PayPal or Bank Account once the commission threshold is reached.
6. Cancellations
PrepaidSIMs reserve the right to withhold, deduct, or recall referral fees from for Prepaid SIM Card purchases due to; order cancellations and or disputes.
7. Policies and Pricing
Customers who make Prepaid SIM Card purchases through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for PrepaidSIMs products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time.
8. Limited License
We grant you a nonexclusive, revocable right to use the graphic image and text described in Section 8 and such other text or images for which we grant express permission, solely for the purpose of identifying your site as a Program participant and to assist in generating Product sales or Card sales (if applicable). You may not modify the graphic image or text, or any other of our images, in any way. We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights. You agree to follow our Trademark Guidelines, as those guidelines may change from time to time. We may revoke your license at any time by giving you written notice.
9. Responsibility for Your Site
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
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The technical operation of your site and all related equipment
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The accuracy and appropriateness of materials posted on your site (including, among other things, all Product-related materials)
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Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
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Ensuring that materials posted on your site are not libelous or otherwise illegal
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Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.
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We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys’ fees) relating to the development, operation, maintenance, and contents of your site.
10. Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the SPAM Act and all other anti-spam laws.
11. Term of the Agreement
The term of this Agreement will begin upon our acceptance of your Program 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 written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to the PrepaidSIMs Site, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are eligible to earn referral commissions only on sales of Qualifying Products that occur during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
12. Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on the PrepaidSIMs Site. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE PREPAIDSIMS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
13. Relationship of Parties
You and we are independent contractors, 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.
14. Limitation of Liability
We 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 Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
15. Disclaimers
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (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 the PrepaidSIMs Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
16. Acceptance
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
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