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AGREEMENT
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(as at
02-08-2015) |
Please read
the Agreement document
below before registering.
(Note changes
to Sections 3 and 4 since 1-09-2011)
I accept these terms and wish
to sign up.
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Enrolment
in the Program
Adams and Austen Press Pty.
Ltd. will evaluate your
application in good faith.
If accepted, your account
will be activated and you
can begin receiving payments.
We may reject your application
if we determine (at our
sole discretion) that your
site is unsuitable for the
Program. Unsuitable sites
include those which:
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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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otherwise violate intellectual
property rights.
If we
reject your application,
you can reapply to the Program
at any time. If we accept
your application and your
site is thereafter determined
(at our sole discretion)
to be unsuitable for the
Program, we may terminate
this Agreement.
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Order
Processing
We will process Product
orders placed by customers
who follow Special Links
from your site to our site.
We reserve the right to
reject orders that do not
comply with any requirements
that we may establish periodically.
We will be responsible for
all aspects of order processing
and fulfilment. Among other
things, we will prepare
order forms, process payments,
cancellations, and returns,
and handle customer service.
We will track sales made
to customers who purchase
Products by using Special
Links from your site to
our site and will make available
to you reports summarizing
this sales activity. The
form, content, and frequency
of the reports may vary
from time to time at our
discretion.
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Referral
Fee (Commissions) Schedule
You will earn referral fees
based on Qualifying Revenues
according to the referral
fee schedule established
by us. 'Qualifying Revenues'
are revenues derived by
us from our sales of Qualifying
Products.
The current referral fee
schedule is:
$20
per order placed and successfully
paid for after following
a Special Link from your
web site to Adams and Austen
Press' website within a
30-day period from the time
of clickthrough.
We reserve
the right to change the
referral fee and accepted
period since clickthrough
at any time without notice.
Previous referral fee percentages
and clickthrough periods
will be respected for earlier
sales.
Current
'Qualifying Products'
are restricted to 101
Helpful Hints for IELTS,
202 Useful Exercises
for IELTS, 404 Essential
Tests for IELTS, and
the 1001 Academic Words
for IELTS books and
CDs only.
Referral
fees are NOT applicable
for essay corrections, eBook
orders, Online Course* orders,
or orders less than or
equal to AUD$50.00 not including
shipping. The restrictions
above apply regardless of
notifications of commissions
generated and pending which
display in the affiliate
program.
*
for Online Course commissions,
please contact
onlineieltsATaapress.com.au
Should
a customer visit our website
from 2 affiliate links within
the 30-day period from clickthrough,
the last affiliate alone
will be credited with the
sale.
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Referral
Fee (Commissions) Payment
We will pay your referral
fees on a quarterly basis.
Approximately 30 days following
the end of each calendar
quarter, we will credit
your PayPal account in
Australian dollars only
for an amount equal to the
referral fees earned in
that period. Payments are
made only to a PayPal account
and only to an account held
in the name of the affiliate.
If the
referral fees payable to
you for any calendar quarter
are less than AUD$100, we
will hold payment until
the total amount due is
at least AUD$100. If the
Agreement is terminated
by you, payments due to
you will be surrendered
to Adams and Austen Press
Pty. Ltd. An Agreement
terminated by Adams and
Austen Press will result
in payments only if the
terms of the Agreement
have not been breached.
In calculating
referral fees, we will deduct
the corresponding referral
fee from your next quarterly
payment in the event of
a Product that generated
a referral fee resulting
in a non-payment to us.
If there is no subsequent
payment, we will send you
a bill for the referral
fee.
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Term
of the Agreement
The term of this
Agreement will begin
upon our acceptance of your
Affiliate application
and will end when terminated
by either party. Either
party may terminate this
Agreement at any
time, with or without cause,
by giving the other party
written notice of termination.
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Modification
We may modify any of the
terms and conditions contained
in this
Agreement, at any
time and at our sole discretion,
by posting a new
agreement on this
site. Modifications may
include, for example, changes
in the scope of available
referral fees, 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 OUR
SITE WILL CONSTITUTE BINDING
ACCEPTANCE OF THE CHANGE.
It
is your responsibility to
check for changes to the
terms and conditions of
this
Agreement.
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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
to this
Agreement.
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Miscellaneous
This
Agreement will be
governed by the laws of
Australia and the State
of New South Wales, without
reference to rules governing
choice of laws. Any action
relating to this
Agreement must be
brought in the federal or
state courts located in
Sydney, Australia, and you
irrevocably consent to the
jurisdiction of such courts.
You may not assign this
Agreement,
by operation of law or otherwise,
without our prior written
consent. Subject to that
restriction, this
Agreement will be
binding on, inure to the
benefit of and be enforceable
against the parties and
their respective successors
and assigns. Our failure
to enforce your strict performance
of any provision of this
Agreement will not
constitute a waiver of our
right to subsequently enforce
such provision or any other
provision of this
Agreement.
I accept these terms and wish
to sign up.
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