These Terms and Conditions (the “Affiliate Agreement”) govern the Affiliate Program that is made available by France At Home Pty Ltd. (“France At Home Pty Ltd “, “we” or “us”). These Terms and Conditions represent the whole agreement and understanding between France At Home Pty Ltd and the individual or entity who participates in the Affiliate Program (the “Affiliate”, or “you”).
Please read this agreement careful as it represents a legally binding agreement between you and France At Home Pty Ltd. By submitting your application and by your use of the Affiliate Program, you agree to comply with all of the terms and conditions set out in this Affiliate Agreement. France At Home Pty Ltd may terminate your Affiliate Account at any time, with or without notice, for conduct that is in breach of this Affiliate Agreement, for conduct that France At Home Pty Ltd believes is harmful to its business, or for conduct where the use of the Affiliate Program is harmful to any other party.
Your participation in the Program is solely to legally advertise our website to receive a commission on products purchased by individuals referred to France At Home Pty Ltd by your own website, online or personal referrals.
- Approval or Rejection of the Application
We reserve the right to approve or reject ANY Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.
France At Home Pty Ltd and the Affiliate are independent contractors. Nothing in this Affiliate Agreement will create any partnership, employment, representative, agency, or joint venture relationship between the parties. The Affiliate has no authority to act on France At Home Pty Ltd behalf.
- Affiliate Fees and Payouts
A referral will become eligible for payout (“Eligible Referral”) at the end of the next calendar month if it meets all of these criteria:
- The referral makes a purchase and that purchase has been completed
- The referral’s account remains active and in good standing.
iii. The referral’s account has not had any of its payments refunded, charged back or otherwise reversed.
iv. The referral has not used a coupon code / discounts advertised by France At Home Pty Ltd, Referrals for purchases made through France At Home Pty Ltd promotional or special offers are not eligible for payout
You cannot refer yourself, and you will not receive a commission on your own accounts. There is also a limit of one commission per referral. If someone clicks the link on your site and orders multiple accounts, then you will receive a commission on the first order only.
Payments will only be sent for transactions that have been successfully completed. Transactions that result in charge backs or refunds will not be paid out.
Failure to meet any of these criteria will permanently void the referral and disqualify the referral from any potential payouts.
The Affiliate is entitled to receive a commission in Australian Dollars for each active Eligible Referral that is recorded in the Affiliate Dashboard (“Affiliate Fee”).
Payment will be made through PayPal against a valid invoice issued by the Affiliate using the invoice generation and submission tool located in the Affiliate Dashboard. The Affiliate is responsible for providing France At Home Pty Ltd with the full and accurate details that are required to remit the Affiliate Fees, and is solely responsible for any delays in payment resulting from its failure to do so.
Referrals will become void, and any unpaid Affiliate Fees will be forfeited, after 12 calendar months.
In the event of any activity deemed suspicious by France At Home Pty Ltd, France At Home Pty Ltd may delay the payment of Affiliate Fees by up to 2 calendar months to verify the relevant transactions. France At Home Pty Ltd reserves the right to recalculate, void, or disqualify any referrals or Affiliate Fees in the event of any fraudulent, deceptive or otherwise illegal activity.
- Referral Tracking
France At Home Pty Ltd will provide the Affiliate with specific Referral Links to link advertisements and other marketing content. France At Home Pty Ltd will track users who have visited these Referral Links using cookies which expire after 30 days. Only users who make a purchase while the cookie is active will be considered referrals of the Affiliate and recorded as such in the Affiliate Dashboard.
The Affiliate is able to modify or alter the Referral Links. France At Home Pty Ltd is not responsible for any tracking or reporting errors that may result from any modifications to the Referral Link or the cookies.
Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:
- Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
- Spamming (mass email, mass newsgroup posting, etc.).
- Advertising on sites containing or promoting illegal activities.
- Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
- Violation of intellectual property rights. France At Home Pty Ltd reserves the right to require license agreements from those who employ trademarks of France At Home Pty Ltd in order to protect our intellectual property rights.
- Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive.
- Self-referrals, fraudulent transactions, suspected Affiliate fraud.
In addition to the foregoing, France At Home Pty Ltd reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.
- Affiliate Links
You may use graphic and text links both on your website and within in your email messages. You may also advertise the France At Home Pty Ltd site in online and offline classified ads, magazines, and newspapers.
You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in Condition 3.
- Coupon and Deal Sites
France At Home Pty Ltd occasionally offers coupon to our newsletter and social media subscribers/followers. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon.
France At Home Pty Ltd hereby grants the Affiliate a non-exclusive, non-transferable, limited license to use the France At Home Pty Ltd logos for the sole purpose of promoting our products within the context of the Affiliate Program. This license will expire upon termination of the Affiliate’s participation in the Affiliate Program.
The Affiliate may only display advertisements that contain France At Home Pty Ltd logos or products in good taste. The Affiliate may not use France At Home Pty Ltd logos or products in a manner that, in France At Home Pty Ltd sole discretion, portrays France At Home Pty Ltd in negative light.
The Affiliate will be solely responsible for its own marketing activities. All marketing activities must be professional and in full compliance with all applicable laws.
France At Home Pty Ltd may, without prior notice, require the Affiliate to remove or modify any advertisements in France At Home Pty Ltd sole discretion.
France At Home Pty Ltd will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
- Term of the Agreement
The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.
The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.
The Affiliate may terminate the Affiliate’s participation in the Affiliate Program with immediate effect by giving the other party a written notice of termination.
France At Home Pty Ltd reserves the right to terminate the Affiliate’s participation in the Affiliate Program at any time for conduct that is in material breach of this Affiliate Agreement or for conduct that France At Home Pty Ltd, in its sole discretion, deems to be harmful to its business or any third party.
Upon termination, the Affiliate will lose access to its Affiliate Dashboard and will forfeit all potential or unpaid Affiliate Fees.
- Governing Law, Jurisdiction, and Attorney Fees
This Agreement shall be governed by and construed in accordance with the laws of Victoria, Australia.
In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.
- Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the France At Home Pty Ltd affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the France At Home Pty Ltd application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.
The Affiliate warrants and represents that it is over the age of 18 and is qualified to enter into this Affiliate Agreement.
The Affiliate warrants and represents that its actions and its participation in the Affiliate Program is in compliance with all applicable laws, rules, regulations, and any requirements of governmental authority at all times. France At Home Pty Ltd reserves the right to terminate the Affiliate’s participation in the Affiliate Program if France At Home Pty Ltd determines, in its sole discretion that the Affiliate’s actions or its participation in the Affiliate Program is in violation of any laws, rules, regulations, or any requirements of governme