FunnelBundle Affiliate Program
The purpose of the FunnelBundle affiliate program is to reward Affiliates for any new customers that they refer to FunnelBundle by properly advertising the www.funnelbundle.io website using legitimate methods.
By joining the program you agree to abide by the terms and conditions detailed in this Agreement.
This Agreement contains the complete terms and conditions that apply to your participation as a member of the FunnelBundle Affiliate program. This Agreement constitutes the entire agreement between FunnelBundle and the Affiliate and any pre-existing agreement or arrangement between FunnelBundle and the Affiliate shall be terminated forthwith upon completion of this Agreement, save that any outstanding commissions owed to you prior to the revocation of your affiliate status will be credited to the Affiliate’s account and can be used to purchase FunnelBundle products or services.
Your Acceptance of these terms and conditions will be indicated by accepting to become a FunnelBundle affiliate.
1. Definitions
“this Agreement” shall mean the contents of the contract between FunnelBundle and the Affiliate in respect of the program.
“FunnelBundle” shall mean Lifestyle Business Solutions Pty Ltd, ACN 637569030, Level 13/50 Cavill Avenue, Surfers Paradise QLD 4217, trading as FunnelBundle
‘the Site’ shall mean www.funnelbundle.io.
‘the program’ shall mean the affiliate program as set out on the Site and that is governed by this Agreement.
‘the Link’ shall mean the HTML link provided from time to time by FunnelBundle to link the Affiliate’s website to the Site.
‘the Affiliate’ shall mean the party who agrees to take part in the program.
2. The program
2.1) The program shall be the affiliate program as set out on the Site from time to time.
2.2) FunnelBundle is entitled to vary, amend or cancel the program without giving notice to the Affiliate. FunnelBundle may make any such change by publishing any revised terms on the Site.
2.3) The program is expressly a business-to-business relationship and both FunnelBundle and the Affiliate enter into it in a business capacity and not as a consumer.
2.4) The program does not entitle the Affiliate to represent themselves as an agent, partner or any other form of associate of FunnelBundle other than as an Affiliate as expressly provided for in this Agreement.
3. Suitability for the FunnelBundle Affiliate Program
3.1) FunnelBundle reserves the right to terminate this Agreement and the Affiliate’s status at any time for any reason whatsoever at its sole discretion.
3.2) In particular if FunnelBundle deems that the Affiliate’s website is inappropriate for the program then this Agreement shall be terminated. The Affiliate’s website may be deemed inappropriate if in the view of FunnelBundle it contains, promotes or contains links to sites that are:
3.3) discriminatory, sexually explicit or violent material, or
3.3) promote, depict or contain links to material that promote or depict discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age, or
3.4) contains unlawful material, this shall include but not be limited to materials that may possibly violate another’s intellectual property rights, or
3.5) contains information regarding, promotes or links to a site that provides information or promotes illegal activity, or
3.6) for any other reason that is deemed by FunnelBundle (at its sole discretion) to be unsuitable.
3.7) Upon Clicking on the ‘start earning now button’ you are automatically accepted on the program. FunnelBundle reserves the right to withdraw Affiliate status at any time after you have been accepted onto the program for any reason that FunnelBundle deems relevant. Acceptance into the program does not mean that FunnelBundle has specifically approved the Affiliate or its website.
4. Legitimate methods of advertising
4.1) In order to receive commissions for referring customers to FunnelBundle, the Affiliate must engage in proper advertising. Affiliates found to be engaging in improper advertising shall have their agreement terminated and their affiliate status revoked. FunnelBundle shall be the sole and absolute arbiter of what constitutes proper advertising.
4.2) A non-exhaustive list of examples of improper advertising shall include but not be limited to:
4.2.1) the forwarding of any urls direct to www.funnelbundle.io (this includes misspells of the above trademark domain); and
4.2.2) forcing cookies through iframes;
4.2.3) advertising through third party networks; with the exception arising from Clause 4.3 below;
4.2.4) brand bidding (including misspells) for PPC advertising,
4.2.5) including your FunnelBundle affiliate link within Unsolicited Commercial Email (UCE) or SPAM,
4.2.6) including any of FunnelBundle url in search adverts.
4.3) Affiliates are permitted to promote FunnelBundle through various social media communities, as a limited exception to Clause 4.2.3 above. However, Affiliates are not permitted to create groups or specific web pages in social communities whereby they purport or hold themselves out to be representatives of FunnelBundle.
4.4) FunnelBundle reserves the right to conclude that you have engaged in an improper method of advertising according to our standards, at our sole discretion. We may come to such a conclusion even if it is based upon our opinion or mere suspicion or belief and is without any duty on FunnelBundle to prove that our opinion or suspicion is well-founded; and even if our opinion is proven not to be well-founded or if other hosting/domain name companies have not deemed it to be an improper method of advertising.
4.5) Any Affiliate found to be adopting improper methods of advertising for the purpose of the program shall be deemed to have been in breach of this Agreement and shall have their Affiliate status revoked. Such an Affiliate will therefore immediately cease in being an Affiliate of FunnelBundle.
4.6) Any sales that have been generated through improper advertising will not qualify for commission or credit from FunnelBundle.
4.7) Any Affiliate found to be utilising these or any other improper methods of advertising may be required to pay back any such commission that has been paid by FunnelBundle to them. If FunnelBundle elects not to enforce this right it shall not be deemed to be a waiver of any other rights that it may have under this Agreement.
4.8) Any Affiliate discovered to be creating artificial affiliate sales to themselves for the purpose of earning the sales commision will be immediately banned from the program and all their outstanding commissions will be frozen.
5. The Procedure
5.1) Subject to the terms of this Section, we will provide to you all Links, and any related banners, graphics, or text advertisements necessary to promote and offer the FunnelBundle Services to your site’s visitors and/or its members. The FunnelBundle link may contain any picture, text, logo, graphic, that maybe be attributed with FunnelBundle.
5.2) FunnelBundle reserves the right to change the content and or display of the Link from time to time in our sole discretion. The link will connect your site with the area on our site (the landing page) where your referral may apply for FunnelBundle products directly with us. The presence of the FunnelBundle link on your site will serve to identify you as a member of our Affiliate program.
6. The Payment of Commission
6.1) Once a customer has arrived at our website having followed the Link, their actions on our website will be tracked for 30 days using a cookie. Affiliates will earn commission on their first order that is placed during the 30 day period. FunnelBundle will not be responsible for commissions missed due to the cookie being deleted or blocked or in any other way failing to track the customer from the Link.
6.2) Affiliates will only earn commission fees only with respect to activity on our site occurring directly through the Link that will appear on their website.
6.3) FunnelBundle is under no obligation whatsoever to pay any commission to any Affiliate who does not strictly follow this Agreement as published from time to time.
6.4) FunnelBundle reserves the right to take legal action against any Affiliate that commits fraud, or conspiracy to defraud and to recover any commissions paid to an Affiliate which was earned as a result of such fraud. For the purposes of this agreement fraud shall include but not be limited to wittingly violating the terms of this Agreement.
6.5) FunnelBundle will only make a payment to the Affiliate when the level of commission due at the end of a given calendar month is above the commission balance threshold.
6.6) the commission balance threshold for the purpose of this agreement is ___20 Dollars___
6.7) FunnelBundle reserves the sole right to change the commission balance threshold at any time it sees fit without the prior the consent of its affiliates. In the event of a commission balance threshold change FunnelBundle shall notify all its affiliates of the change before hand. If any modification to the commission balance threshold or the Agreement as a whole is not acceptable to an Affiliate, the Affiliate shall be entitled to terminate this Agreement. If an Affiliate terminates this Agreement for any reason whatsoever then it shall not be entitled to any commission payments earned after it has terminated this Agreement.
6.7) The Affiliate’s continuing participation in the program constitutes its acceptance of any change to the commission balance threshold or to any other part of this Agreement.
6.8) Affiliates that exceed the commission balance threshold will automatically be sent a cheque each month. Affiliates that do not exceed the commission balance threshold can apply their balance as credit and use it for the renewal of their FunnelBundle accounts or use this credit to purchase new FunnelBundle products or services.
6.9) Affiliates that do not reach the _______ commission balance threshold in one calendar month will not lose their accrued commission, instead this commission can be used as a credit. Their accrued credit for that particular calendar month will be carried over and applied to the next calendar month, this process shall continue until the client reaches the commission balance threshold when they will be entitled to receive a payment from FunnelBundle.
6.10) FunnelBundle will only pay out commissions on sales that are 60 days old.
Commissions for sales over 60 days old will be paid once the _______ threshold is reached.
6.11) Payments will be made using _________________________. It is the sole responsibility of an Affiliate to make sure that their contact details are up to date and accurate on the FunnelBundle system in order to facilitate the cheque reaching them.
6.12) Affiliates will only be paid Commissions for subscription orders made by their referral customer only. Commissions will not be not paid on orders made by existing FunnelBundle customers. FunnelBundle will not pay commission for products that an Affiliate purchases for itself through the Link. The FunnelBundle system will simply not recognise this as an Affiliate sale and is against Funnelbundle Terms and conditions. Web agencies or resellers purchasing products through their account for other people are encouraged to contact FunnelBundle directly for information on how they can become eligible for commission.
7. FunnelBundle’s Obligations
FunnelBundle agrees to undertake the following obligations:
7.1) provide all information necessary to allow the Affiliate to make necessary the Link from the www.funnelbundle.io to the Affiliate’s site,
7.2) processing all orders for FunnelBundle products or services placed by a referral following the Link,
7.3) tracking the number and amount of relevant sales generated through the Link,
7.4) providing information to you regarding commission payments,
7.5) credit card authorisations, payment processing, cancellations, returns, and all other related customer service for FunnelBundle for the purpose of our business, and
7.6) establishing the commission balance threshold, payment frequency and payouts of earned commissions as contained in Section 6 of this Agreement.
8. The Affiliate’s Obligations
The Affiliate agrees to be solely responsible for the following and shall keep FunnelBundle fully indemnified in respect of:
8.1) the content of the Affiliate’s site or any site that they may be connected to,
8.2) any misrepresentation of FunnelBundle or its products or services,
8.3) making of any false claims, representations or warranties in connection with FunnelBundle,
8.3) ensuring that your site and your products and services that you offer from your site comply with all applicable copyright, trademark, any intellectual property right, Data Protection, anti-spam or any other applicable law,
8.4) obtaining permission to use another party’s copyrighted or any other proprietary material,
8.5) the development, operation and maintenance of the Affiliate’s site and for all materials that appear on it. For the purposes of this Agreement this shall include but not be limited to, the technical operation of your site and all related equipment; the accuracy and propriety of materials posted on your site; and ensuring that materials posted on your Site do not violate or infringe upon the rights of any third party and are not libellous or otherwise unlawful or illegal. FunnelBundle hereby disclaim all liability for all such matters,
8.6) Affiliates also agree to indemnify and hold harmless FunnelBundle, its parent company, sister companies, subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, expenses, and costs insofar as such arise out of or are based on, or in any way connected with this Agreement.
8.8) the payment of all tax obligations stemming from any payments made to you by FunnelBundle.
9. Right to Name as a Reference Customer
9.1) Affiliates shall not create, publish, distribute, or permit any written or graphical material that makes reference to FunnelBundle other than those mentioned in this Agreement or otherwise provided by FunnelBundle, without the prior written consent of FunnelBundle.FunnelBundle reserves the right to refuse any request for consent under this Agreement.
10. The License
10.1) FunnelBundle grants to the Affiliate a non-exclusive, non-transferable, revocable right to access the www.funnelbundle.io site through the Link solely in accordance with the terms of this Agreement. This license shall be used solely in connection with the Link, and it will extend to the use of our logos, trade names, trademarks and similar identifying material relating to FunnelBundle and which FunnelBundle shall provide to the Affiliate, for the sole purpose of establishing the Link to www.funnelbundle.io so customers can purchase FunnelBundle products and services.
10.2) Affiliates cannot modify or change the Link or any other materials provided by FunnelBundle in any way.
10.3) Other than establishing the Link, the Affiliate shall not make any use of any of the licensed materials noted in the aforementioned paragraph provided by FunnelBundle without first obtaining the prior written consent of FunnelBundle. Affiliates shall not use the Licensed Materials in any manner that is inappropriate or that is in any way detrimental to the FunnelBundle brand or any other brands.
10.4) FunnelBundle reserves all of its rights in the materials provided and all of its other proprietary rights. FunnelBundle shall be entitled to revoke this license to use the Link or the materials at any time and at its sole discretion.
10.5) The licenses described in this Section shall expire upon the termination of this Agreement.
10.6) Any inappropriate use of the Link, text, banners or other advertisements not expressly approved of in writing or provided by FunnelBundle may be cause for immediate termination of this Agreement.
11. Terms of the agreement
11.1) The terms of this Agreement will begin upon your signup with the program and will end when your affiliate account is terminated.
11.2) Upon the termination of this Agreement any commission that has not yet reached the commission threshold shall be turned into credit which can only be used to purchase products or services from FunnelBundle.
12. Modification
12.1) FunnelBundle reserves the right to modify or otherwise change the terms of this Agreement at any time as it sees fit. FunnelBundle shall make such modifications by way of publishing revised terms on the Site. Affiliates only remedy in the event of revised terms of this Agreement being published shall be to terminate this Agreement. An Affiliate shall be deemed to have accepted of any modification to this Agreement as published from time to time.
13. Limitation of Liability
13.1) FunnelBundle shall not be liable to the Affiliate or to any other person, for indirect, incidental, or special damages, lost profits, loss of goodwill, lost savings, or any other form of consequential damages, regardless of the form of action, even if FunnelBundle has been advised of the possibility of such damages, whether resulting from breach of its obligations under this Agreement or otherwise.
13.2) FunnelBundle’s entire liability in respect of any liability arising under this agreement will not exceed the total commission fees paid or payable to the Affiliate under this Agreement.
13.3) FunnelBundle makes no warranties, either express or implied, concerning the performance or functionality of the FunnelBundle services, or the program as a whole. This includes but is not limited to the Link or any other affiliate advertisements and hereby expressly disclaims all implied warranties, including warranties of merchantability or fitness for a particular use or purpose.
13.4) FunnelBundle shall under no circumstances be liable to the Affiliate or to any other person or entity for any loss, injury, or damage, of whatever kind, resulting from or arising out of any mistakes, errors, omissions, delays, or interruptions in the receipt, transmission, or storage of any messages or information arising out of or in connection with the program or FunnelBundle.
14. Governing Law
14.1) This Agreement is governed by, and is construed in accordance with the laws of Australia.
14.2) The Courts of Australia shall have jurisdiction to hear any disputes arising from this Agreement.
14.3) FunnelBundle shall not be liable for the legality of FunnelBundle service in countries other than Australia.
14.4) Affiliates are solely responsible for the legality of the use of the service if the Affiliate in question is registered to FunnelBundle service from a country other than Australia or if the Affiliate’s website is on a server in a country other than Australia.
15. Acceptance
15.1) By promoting FunnelBundle in any form as an Affiliate, the Affiliate acknowledges that they have read the terms and conditions of this Agreement, understand them and agree to be bound by them.