These Terms apply to you becoming a Partner in Stay Tooned Partner Program. The purpose of these Terms is to explain how it works and introduce basic terms and conditions of our Partner Program. Please note that throughout these Terms, “we,” “us,” “our,” and “Stay Tooned” refer to Stay Tooned Pty Ltd and any of its subsidiaries, and “you,” “your,” and “yours” refer to the Partner.
By signing up to be a Partner in the Stay Tooned Partner Program you are agreeing to be bound by the following terms and conditions.
1. Partner Rights and Obligations
1.1. To become a Partner, you need to complete and submit the online application form. You must provide your name, a valid email address, and any other information requested in order to complete the signup process. Your login may only be used by one person – a single login shared by multiple people is not permitted. Once you have signed up for the Partner Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics with your Affiliate Code on your site, in your emails, or in other communications. To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the websites under the Stay Tooned company. You must ensure that each of the links between your site and the Stay Tooned sites properly utilizes such special link formats. Links to the Stay Tooned site placed on your site pursuant to these terms and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sign-ups on a Stay Tooned product site occurring directly through Special Links.
1.2. Your site is unsuitable for our Partner Program if it promotes illegal activities, violence, discrimination based on any ground, incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights, or to violate the law, or is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us. We reserve the right to deny a Partner, in our sole discretion;
1.3. You are forbidden to create or design your website, social network profile or any other profile in a manner which resembles Stay Tooned’s websites or which leads customers to believe you are Stay Tooned;
1.4. As a member of Stay Tooned Partner Program, you will have access to Partner account and Dashboard, where you can monitor your referral’s signups, purchases and the subsequent payments to you;
1.5. Stay Tooned reserves the right, at any time, to review your placement and require that you change it or use to comply with the provided guidelines;
1.6. Partner is an independent entity, and Stay Tooned Partner Program doesn’t create any partnership, joint venture, franchise, sales representative, or employment relationship between Partner and Stay Tooned. You have no authority to make or accept any offers or representations on our behalf;
1.7. You shall not make any statement on your site, that reasonably would contradict anything in this section.
1.8. You are responsible for maintaining the security of your account and password. Stay Tooned cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
1.9. You may not use the Partner Program for any illegal or unauthorized purpose. You must not violate any laws in your jurisdiction.
2. Stay Tooned Rights and Obligations
2.1. We have the right to monitor your website or social networks at any time to determine if you are following the terms and conditions of this document;
2.2. Stay Tooned reserves the right to terminate your participation in the Stay Tooned Partner Program immediately if you abuse this program in any way;
2.3. Stay Tooned will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to these terms.
3. Access to Partner Dashboard
We’ll provide you with a special Partner Dashboard where you can monitor your referral’s signups, purchases and the subsequent payments to you. You’ll also receive the marketing materials you will need to successfully sell Stay Tooned and its brands.
4. Payments and Refunds
4.1. When someone you refer to us makes a purchase of the Digital Masterchefs membership, you’ll earn 20% on the sale of annual, 6-monthly and monthly payment options and on subscription payments as payments are made. For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to the Stay Tooned Site and sign up for the product during that session. Referrals are tracked on a first-click attribution model using a lifetime pixel. This means whichever link in clicked on initially will receive the commission. Your referrals who don’t purchase in the first instance, will be tracked ongoing. If in future they do purchase the Digital Masterchefs membership, you will be assigned the commission.
4.2. There is one type of referral fee that can be earned: Commission. The current commission is 20% from every sale of The Digital Masterchefs membership.
Commissions will be paid every 3 months into your registered PayPal account.
4.3. We will only pay commissions on links that are automatically tracked and reported by our systems. For our systems to track the referral, the visitor must have cookies enabled. We will not pay commissions if someone says they signed up or someone says they entered a referral code if it was not tracked by our system. We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
4.4. Customer payments refunded or payments charged-back due to credit card fraud do not qualify for affiliate commissions. We may delay crediting of affiliate commissions subject to risk analysis considerations and Anti-Money Laundering procedures.
4.5. For you to receive affiliate commissions, someone you refer to us must make payments through Stay Tooned’s websites, by using a credit card or PayPal.
4.6. Commissions to you are paid by PayPal only. We cannot send checks, cash, or make credits to your credit card. You are required to have a PayPal account to receive commissions. If you don’t have a PayPal account you can sign up for one at any time, but you will not be paid until you have one.
4.7. If our payment processor charges payment processing fees for the commission payments, you are responsible for paying these fees.
4.8. If you are banned due to a violation of these Terms, we won’t pay you any current payments on your balance or future payments for your referral’s purchases. All payments will be stopped immediately. We also do not provide refunds if you abuse our Partner Program.
5. Termination and Modification
5.1. Either you or we may end this Partner Program at any time, with or without cause, by giving the other party a written notice. Written notice shall be in the form of an email.
5.2. If you fail to follow the terms and conditions of this document, we reserve the right to terminate your participation in the Stay Tooned Partner Program. We will do everything possible to contact the Partner prior to the ban. However, we reserve the right to eliminate any violator from our Partner Program without prior notice, and on the first occurrence of such prohibited behaviour.
5.3. We may modify any of the terms and conditions in this document at any time at our sole discretion. In such event, you will be notified by email. If any modification is unacceptable to you, your only option is to end Partner Program. Your continued participation in the Stay Tooned Partner Program will indicate your agreement to the changes.
6. Promotion Restrictions
6.1. “Spamming” or unsolicited commercial emails are unacceptable to us and could cause damage to our name. You may send emails to your users to promote Stay Tooned as long as the recipient is a customer or subscriber of your services or website, and recipients have the option to unsubscribe. At all times, you must clearly represent yourself as independent from Stay Tooned. If it comes to our attention that you are promoting us in a wrong way, we will consider that cause for immediate termination of your participation in the Stay Tooned Partner Program.
6.2. Partners that bid in their pay-per-click campaigns on keywords such as Stay Tooned, Stay Tooned.com, www.Stay Tooned, www.Stay Tooned.com, and/or any similar or misspelt alterations of these, will be considered trademark violators, and will be banned from Stay Tooned Partner Program.
6.3. Partner shall not use any online advertising services (i. e. Google Ads, Bing Ads, etc.) to promote Stay Tooned or act on our behalf, or use any technologies to abuse our Partner Program, including, but not limited to, an application that causes the overwriting of affiliate commission tracking cookies; intercepts searches to redirect traffic through an installed software; set commission tracking cookies through loading of Stay Tooned site in iFrames, hidden links and automatic pop-ups that open Stay Tooned.com’s site and etc.
6.4. Partners shall not run ads leading directly, or redirecting automatically, to the Stay Tooned websites or any subpages or subdomains, including affiliate links such as StayTooned.com/a/xxyyzz.
7. Limitations of Liability
7.1. WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL STAY TOONED’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
8. Miscellaneous provision
8.1. These Terms will begin upon when you become a Partner and will continue unless terminated hereunder.