Note: These Terms and Conditions for Affiliates apply over and above the Terms and Conditions as displayed on www.botanicES.com
BETWEEN: Abroad Promotions Pty Ltd trading as botanicES ABN 62 100 918 796
(‘botanicES’)
AND:
(‘Affiliate’)
Appointment
1. botanicES appoints the Affiliate as a preferred introducer facilitating introductions to botanicES skincare products (‘Products’).
Term of Appointment
2. This appointment will commence on the date of acceptance of these Terms and Conditions and will continue for a period of 12 months.
3. The term of this agreement is capable of being extended for periods of 1 year at the sole discretion of botanicES. Any extension will be upon the terms and conditions of botanicES then current at the time of renewal.
Duties of botanicES
4. botanicES will use its best endeavours to supply Products as ordered by the Affiliate or by persons introduced by the Affiliate.
5. The supply by botanicES will be on the general terms and conditions applying to the purchase of Products appearing from time to time on the botanicES.com website (‘Website’).
6. botanicES will use its best endeavours to ensure that the Products available to be sold through the Website are at all times of merchantable quality.
7. botanicsES grants to the Affiliate a limited licence to use photographs of Products located on the Website from time to time together with any written information pertaining to Products located on the Website. This licence does not extend to photographs on the Website which botanicES does not hold property rights for.
Duties of the Affiliate
8. The Affiliate will use its best endeavours to make introductions of customers to the Website and to the Products.
9. The Affiliate must act honestly and fairly with botanicES in its financial dealings in relation to its billings. Billings at all times must be for legitimate sales introduced by the Page 2 of 2 Affiliate. If billings are not at all times honest, fair and legitimate botanicES may terminate this agreement without notice.
Intellectual Property
10. Except as provided in Clause 7 botanicES owns all intellectual property in the Website. The Affiliate must not do anything which is inconsistent with this ownership.
Commissions
11. botanicES will pay to the Affiliate the commissions specified on www.botanicES.com
12. The commissions will only be payable when accrued commissions reach an amount of AUS$100.00
13. Commissions will be paid on completed sales of Products and if any refund is provided by botanicES after a completed sale the commission paid or payable on the refunded sale is to be deducted from or debited to the Affiliate’s future commission entitlement.
14. botanicES is entitled to deduct from any commission payment to the Affiliate the overseas transfer transactional costs incurred by botanicES in transferring the Affiliate’s commission to the nominated international account of the Affiliate.
Termination
15. botanicES may terminate this agreement immediately and without notice where:-
- (a) a material breach of this agreement occurs by the Licensee;
- (b) if botanicES closes the Website. Limitation of Liabiltiy
16. Unless otherwise contrary to any operative law in Australia, liability under this agreement for any sales of Products made by botanicES to the Affiliate or any person introduced by the Affiliate is limited to the cost of the Product purchased by the Affiliate or any party introduced by the Affiliate. Governing Law
17. This agreement is governed by the laws of Australia and the Courts of Australia are given exclusive jurisdiction in relation to the interpretation of the agreement and any dispute arising under it.
