Sign Agreement
These Terms of Service are entered into by and between you and The Course Creators at GAPS DIET AUSTRALIA, (“GDA”) and govern the terms of GDA’s affiliate program (the "Affiliate Program"). BY SUBMITTING A REFERRAL TO PARTICIPATE IN THE AFFILIATE PROGRAM, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE AS WELL AS GDA’S TERMS OF USE AND PRIVACY POLICY.
Your participation in the Affiliate Program is conditioned on your acceptance of these Terms of Service and all terms, conditions, and notices contained herein. Please read the Terms of Service carefully. If you do not want to agree to these Terms of Service, you must not participate in the Affiliate Program.
1. Eligibility for the Affiliate Program
To participate in the Affiliate Program, you must complete and submit this Affiliate form for each referral made. GDA reserves the right, in its sole discretion, to accept or reject any application for membership in the Affiliate Program for any reason. Affiliates must be at least 18 years old in order to participate in the Affiliate Program and be either be trained and certified as a GAPS Practitioner or GAPS Coach.
2. Referrals
You will receive a commission for Qualified Referrals to CCK. The percentage of the commission may change at any time and without notice.
Affiliates who share the same personal/company details, including but not limited to, last name, email address, IP address, website details, or commission payment details, as their referred customer will be deemed to have made a “Self-Referral.” Referral commission and any earnings associated with this type of “Self-Referral” will not be paid. GDA, in its sole discretion, will determine the classification of any referral as a “Self-Referral.”
Referrals made to current GDA customers will only be accepted within 7 days of the Affiliate’s cline processing the purchase.
3. Marketing
You shall bear your own costs and expenses related to marketing and promoting GDA’s Course and/or the Affiliate Program. GDA is not obligated to reimburse or credit you for any marketing expenses.
You may not engage in any of the following marketing activities and represent and warrant that your marketing practices do not violate any of these restrictions:
Affiliates shall not make any false, misleading, or disparaging statements with respect to the Affiliate Program, GDA, its employees, its customers, its Services (as defined in GDA’s Terms of Use), or its Affiliates.
Affiliates shall not create websites or advertisements that copy, imitate, or resemble the look and feel of GDA’s Services.
Affiliates are responsible for ensuring their tracking codes are working properly before sending traffic to GDA 's servers. Any modification to the links is the sole responsibility of the Affiliate.
Affiliates shall not engage in the advertisement of business-opportunity websites or use marketing practices that attract fraudulent or short-term customers.
Affiliates shall not engage in any marketing activity that may harm the reputation or credibility of GDA, including but not limited to using low-quality marketing materials, or advertising on any website that promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or any illegal activities, or violates the intellectual property or other rights of a third party.
Affiliates shall not engage in any marketing or promotional activities that violate applicable laws, rules, or regulations.
Affiliates shall not use malware or spyware to market or promote GDA’s Services.
Affiliates shall not advertise GDA as a free product.
4. Affiliate Refusal
GDA may, in its sole discretion, refuse your participation in the Affiliate Program at any time, with or without cause, and without warning or notice.
You acknowledge and agree that you shall forfeit any and all rights to unpaid, accrued balances if your participation in the Affiliate Program is terminated for the following reasons:
• breach of GDA’s Terms of Use these Terms of Service, or any other conduct that GDA deems, in its sole discretion, to violate any applicable law, rule, or regulation;
• GDA determines, in its sole discretion, that Affiliate’s accounts have generated a large number of fraudulent accounts or are associated with any false or misleading advertising or suspected fraudulent activity;
• conduct or activities that, in GDA’s sole discretion, is considered to be unfair or damaging to GDA’s business or reputation, including without limitation, committing any act which GDA considers offensive, incendiary, racist, hateful, threatening, defamatory, or otherwise objectionable.
5. Relationship between you and GDA
Neither these Terms of Service nor your participation in the Affiliate Program creates any employment, independent contractor, agency, partnership, or joint venture relationship between you and GDA.
6. Non-Disparagement
You acknowledge and agree that the primary purpose of your participation in the Affiliate Program is to promote the GDA’s Course and that it shall be deemed a material breach of this Agreement if You, at any time during the term of this Agreement or thereafter, make any disparaging, false, misleading, or otherwise defamatory comment(s) about GDA, and/or its employees, agents, directors, officers, affiliates, products, and/or services.
7. Prohibited
You agree to GDA’ prohibited rights with direct sharing of course content with clients. You understand and agree that course material is not to be replicated, copied or shared with clients and for the purpose of purchasing this course, the photos, videos and content contained within it is for yourself or staff who work within your business.
8. Assumption of Risk
You are solely responsible for ensuring that your participation in the Affiliate Program complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to participation in the Affiliate Program and any course content made available to you or your client delegates. Accountability for insurance to support your business under such claims is the affiliates own responsibility.
9. Release
You agree to release and hold harmless GDA and its officers, directors, employees and agents from and against any claim or cause of action, including, but not limited to, injuries or damages, arising out of this Agreement and course content.
10. Limitations of Liability
GDA and its officers, directors, employees and agents shall not be liable for any special, direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever in any way due to, resulting from, or arising in connection with this Agreement and the course content.
11. Indemnification
You agree to indemnify, defend, and hold harmless GDA, its present and future officers, directors, employees, agents, licensors, or suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by You or arising from or related to your use or misuse of the Affiliate Program
12. Third Party Rights
The sections titled Limitation of Liability and Indemnification are solely for the benefit of GDA and its present and future officers, directors, employees, agents, licensors, suppliers, and any third-party providers to the Sites. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on their own behalf. Except as set forth herein, nothing express or implied in these Terms of Service is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity. You may not assign your rights under these Terms of Service without GDA 's prior written consent.
13. Unlawful Activity; Termination of Access
GDA reserves the right to investigate complaints or reported violations of these Terms of Service and to take any action it deems appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities. GDA may discontinue your participation in the Affiliate Program at any time for any reason or no reason.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone participating in the Affiliate Program. YOU WAIVE AND HOLD HARMLESS GDA AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR AS A RESULT OF, ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
14. Remedies for Violations
GDA reserves the right to seek all remedies available at law and in equity for violations of these Terms of Service.
15. Disputes/Governing Law:
Except where prohibited by law, You agree that any and all disputes, claims and causes of action arising out of or connected with this Agreement shall be resolved individually, without resort to any form of class action. You further irrevocably and unconditionally agree that all issues, questions, disputes, or any other disagreements of any kind regarding shall be governed by and construed in accordance with the laws of Australia without application or reference to the principles of conflicts of law, whether within Australia or any other jurisdiction. To the extent permitted by law, the parties hereby waive their right to a trial with respect to any and all claims and issues arising out of or relating to this agreement whether sounding in contract or tort.
YOU AND GDA EACH AGREE TO WAIVE ITS RIGHT TO TRIAL AND THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF TEACHABLE AND ALL PARTIES TO ANY SUCH PROCEEDING.
16. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
17. Entire Agreement; Severability of Provisions; No Waiver
These Terms of Service constitute the entire agreement with respect to participation in the Affiliate Program. If any provision of these Terms of Service is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.
18. Changes to the Terms of Service
GDA may review and update these Terms of Service at any time at our sole discretion and it is your responsibility to keep abreast of those changes. All changes are effective immediately when posted. Your continued participation in the Affiliate Program following the posting of revised Terms of Service means that you accept and agree to the changes which are binding on you, so please check this webpage periodically for updates.
19. Contact Us
If you have questions or concerns regarding these Terms of Service or the Affiliate Program, you may contact us at:
Email: contact@gapsaustralia.com.au
20. Affiliate Payout Details
Payout Details
• Default Payout: 50% of the total course order sale excluding GST and payment fees.
• Payments will be paid in AUD
Paypal Payments
To accept the affiliate money, you'll need to open a PayPal account and confirm your email address. Pay pal will send the affiliate a link directly that the recipient can use to access and redeem their payment.
Commissions
Commissions are only redeemable within 7 days of the referral purchase made.
Invoicing
Commissions are invoiced via pay pal and it is the affiliates responsibility to download these from their own Pay Pal account.
Payout Scheduling
Approved transactions are paid within 1-10 days after the affiliate referral form has been submitted.
Currency
Financial transactions covered by this Contract will be processed in AUD currency.
Trademark Terms
• Affiliates shall not copy GDA's website, course material or any portions thereof, including, without limitation, any of GDA’s trademarks or other intellectual property, and display them on their own site or subdomain or use them in any way without GDA 's prior express written consent.
• You may not use keywords or register URL that contain " GDA," "the course itself," or any other variation or a misspelling of our brand or domain name.