PLEASE READ THIS AFFILIATE AGREEMENT CAREFULLY.
By submitting an application, you agree to be bound by the terms and conditions below. These terms and conditions form the “Agreement”.
The Agreement is a legally enforceable contract between Easy Legal Templates Pty Ltd (“ELT”, “we”, “our” or “us”) and you (the “Affiliate”)
If you do not agree to all of the terms of this agreement, please do not register for the affiliate program.
1. Nature of Agreement and Relationship of the Parties
1.1. This Agreement sets out the terms of a commercial referral arrangement between you (the “Affiliate”) and us (“Easy Legal Templates”).
1.2. The parties acknowledge that this Agreement is intended as a commercial contract and is not intended to create any other relationship and, in particular, not the relationship of employer and employee, principal and agent or the relationship of partnership.
1.3. This referral arrangement is non-exclusive in nature.
2. Enrollment in the Affiliate Program
2.1 To begin the enrollment process, you must complete and submit an Affiliate Application Form located at https://www.easylegaltemplates.com.au/affiliates/.
2.2 We will evaluate your application within a reasonable timeframe. We may reject your application at our sole discretion.
2.3 We will reject your application or cancel your existing account if we determine that your website is not suitable for the Affiliate Program for any reason, including, but not limited to, its inclusion of content that is, in our opinion, unlawful or otherwise violates our Website Terms of Use.
3. Affiliate Sales & Tracking
3.1 After signing up for the Affiliate Program, you will receive a unique affiliate URL which you will use to advertise the Easy Legal Templates website.
3.2 When someone clicks through this URL, a cookie (or similar tracking technology) will be set in their browser with your Affiliate ID, and their IP address may also be logged with your Affiliate ID.
3.3 During that visit to the website or any later visit, when a purchase is made or refunded, the commission will be given based on the existence of the cookie. We may collect, use and share any information or data generated through the system for our business purposes.
3.4 In order to receive proper credit for sales, a person or entity must purchase through your unique affiliate URL.
3.5 After execution of this Agreement, ELT will create a Referral Link (“Referral Link”) in relation to its legal templates (“Templates”). The Referral Link will be created for use by the Affiliate’s referral customers only.
3.6 ELT will share this Referral Link with the Affiliate via email or otherwise via the ELT website.
3.7 The Affiliate may then identify customers or potential customers who could benefit from ELT’s Templates and encourage those persons to purchase Templates at a discounted rate of 10% off the standard retail price from ELT by using a Discount Code (“Discount Code”).
3.8 For each person or entity that purchases a Template from ELT using the Referral Link, the Affiliate will be entitled to receive a Referral Fee of 25% commission on the RRP of any individual product or legal bundle.
3.9 Referral fees will be calculated and paid to the Affiliate automatically via the WordPress affiliate plugin on the ELT website. If the Affiliate has any questions or concerns about the amount or payment of the referral fees, they should contact ELT as soon as possible, and the parties undertake to work collaboratively and in good faith to resolve any issues.
4. Commission Payments
Commission will be calculated at the end of each month. Payment will be made to your nominated Paypal account or bank account within ten (10) calendar days of the previous month ending.
5. Term
This Agreement commences on the date you submit your Affiliate Application Form and continues until terminated by either party in writing.
6. Mutual Obligations
6.1 The parties agree to:
(a) make best efforts to do everything in their power to make the relationship between the parties as successful and profitable for both parties as possible;
(b) ensuring accurate and timely reporting and payments;
(c) review results and processes and adopt a flexible approach to meet the needs of the relationship; and
(d) comply with all applicable legal and professional obligations.
7. Restraint and Non-Compete
7.1 The parties agree not to act in any way that conflicts with their obligations under this Agreement.
7.2 Each party agrees and undertakes that it will not solicit any customers that are part of the other party’s customer base for any business that competes with that other party, nor will they solicit or hire any employees of the other party during the term of this agreement and for a period of equal to twice the length of the period this Agreement is on foot.
8. Intellectual Property
Each party retains all intellectual property rights in works created by them. This clause survives termination of this Agreement. Each party may use the logo of the other for marketing purposes with the prior permission of the other party.
9. Indemnity
The parties hereby indemnify each other against all costs, expenses, actions, losses or damages of any nature, including professional and legal costs, that the other party suffers, incurs or sustains directly or indirectly in connection with any breach of the terms of this Agreement by the party, with the exception that in no event will either party be liable to the other for any indirect, special, incidental, or consequential losses or damages.
10. Dispute Resolution
10.1 If a dispute arises between the parties, the party claiming the dispute must not commence any court or arbitration proceedings (except where they seek urgent interlocutory relief), unless they have first complied with this clause.
10.2 The party claiming the dispute must inform the other party in writing of the following:
(a) the nature of the dispute;
(b) the outcome they desire to resolve the dispute, and
(c) the action they believe will settle the dispute.
10.3 On receipt of the notice by the other party, both parties will make every effort to resolve the dispute by mutual negotiation within thirty (30) days.
10.4 If the parties are unable to resolve the dispute in that time, the parties must agree on the selection of a mediator (if the parties are unable to agree, they agree to request that the President of the Law Society of New South Wales appoint a mediator) and will be equally liable for the fees and reasonable expenses of the mediator and the cost of the venue of the mediation (to be paid in advance). The parties must each pay their own costs associated with the mediation, which must be held in Sydney, New South Wales, Australia.
10.5 All communications made by the parties arising out of this dispute resolution clause are confidential and to the maximum extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
10.6 This clause survives termination of this Agreement.
11. Termination
11.1 This Agreement may be terminated by either party:
(a) in the event of the other party breaching a term of this Agreement and failing to remedy the breach within fourteen (14) days after having received notice in writing of the breach, on the expiry of such notice; or
(b) in the event of the other party becoming subject to insolvency proceedings or events, immediately on notice.
11.2 This Agreement may be terminated by either party without cause:
(a) on 5 business days’ written notice, if terminated less than 3 months after commencement; or
(b) on thirty (30) days’ written notice, if terminated after the first 3 months.
11.3 If this Agreement is terminated without cause, ELT must continue to pay Referral Fees for customers referred prior to the date of termination.
11.4 If termination is disputed, it will be dealt with in accordance with the dispute resolution provisions of this Agreement.
12. Confidentiality
12.1 The parties covenant on behalf of themselves and their financial, legal and other advisors that they will keep confidential and not divulge either directly or indirectly to any person any Confidential Information, save to the extent that the disclosure may be required by statute, may reasonably be required to enable the parties to fulfil their respective obligations under this Agreement or as may otherwise be required by law.
12.2 This Agreement is protected by copyright. Any unauthorised use, including copying, distributing, or otherwise disclosing the terms of this Agreement, without the express written permission of the copyright owner is strictly prohibited.
12.3 This clause will have force after the termination or expiry of this Agreement.
13. Notices
13.1 A notice or other communication to a party must be in writing and delivered to that party in one of the following ways:
(a) delivered personally; or
(b) sent by email to their last-notified email address, when it will be treated as received when it enters the recipient’s information system.
14. Events Beyond Control
Neither party will be liable to the other party for any loss caused by any failure to observe the terms and conditions of this Agreement where such failure is occasioned by causes beyond its reasonable control including, but not limited to, by fire, flood, riot, strike, war, restrictions and prohibitions or any other actions by any government or semi government authorities, or major injury or illness of key personnel.
15. General
15.1 This Agreement is the entire agreement and understanding between the parties on everything connected with the subject matter of this agreement, and supersedes any prior understanding, arrangement, representation or agreements between the parties as to the subject matter contained in this Agreement.
15.2 An amendment or variation to this Agreement is not effective unless it is in writing and signed by both parties.
15.3 If anything in this Agreement is unenforceable, illegal or void, it is severed and the rest of the Agreement remains in force.
15.4 Neither party may rely on the words or conduct of the other party (including, without limitation, any delay in exercising a right, any election between rights and remedies and any conduct that might otherwise give rise to an estoppel) as being a waiver of any right, power or remedy arising under or relating to this Agreement, unless the other party or parties expressly grant a waiver of the right, power or remedy in writing and, signs the waiver, in which case it is only effective to the extent set out in that waiver.
15.5 This Agreement is personal to the parties and must not be assigned without the prior written agreement of both parties.
15.6 This Agreement is governed by the law in force in New South Wales. Each party irrevocably submits to the exclusive jurisdiction of courts exercising jurisdiction in New South Wales and courts of appeal from them in respect of any proceedings arising out of or relating to this agreement.
16. Definitions
In this Agreement, the terms set out below have the corresponding meanings (unless the context requires otherwise).
Affiliate means you (or “your” or “yours”)
Affiliate Link means the unique tracking link you place on your site or promote through other channels.
Affiliate Program means our marketing affiliate program as described in this Agreement.
Agreement means the Affiliate Agreement between you (the “Affiliate”) and us (“Easy Legal Templates”) or any approved variation of it.
Confidential Information means any information relating to the business, processes, systems or affairs of the parties which is of a confidential nature or which is not otherwise in the public domain, including the terms of this Agreement.
Intellectual Property Rights means all intellectual property rights of any kind, in any jurisdiction, subsisting now or in the future (including, without limitation, business, company or trade names, domain names, patents, inventions, copyright, design rights, know-how, trade marks, the right to sue for passing off and rights to use, and protect the confidentiality of, confidential information), whether registered or unregistered, and including the rights to apply for or renew the registration of any such rights and any rights the subject of any lapsed application or registration, as well as all digital and electronic rights.
17. Interpretation
In the interpretation of this Agreement:
- Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, references to documents or agreements also mean those documents or agreements as changed, novated or replaced, and words denoting one gender include all genders;
- Grammatical forms of defined words or phrases have corresponding meanings;
- Parties must perform their obligations on the dates and times fixed by reference to Sydney, New South Wales, Australia;
- If the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next business day (being a day on which banks are open for business in Sydney);
- References to a party are intended to bind their executors, administrators and permitted transferees; and
- Obligations under this agreement affecting more than one party bind them jointly and each of them severally.
This document was last updated: 31/03/2021
