Please read this Membership agreement ("Membership Agreement - www.clixGalore.co.nz") carefully before using www.clixGalore.com.au (the "Site").
By using the Site, you signify you understand and agree to be bound by the terms and conditions of this Membership Agreement. If you do not agree to this Membership Agreement, please do not use the Site.
The terms and conditions of this Membership Agreement are subject to periodic change at clixGalore® Affiliate Marketing's discretion and will be effective as soon as they are posted on the Website. each user of the Site ("Member" or "you") agrees to review this Membership Agreement periodically in the section of the Site entitled "Terms and Conditions." Continued use of the Website after these terms and conditions have changed acknowledges that you agree to be bound by the changes to these terms and conditions.
ACCOUNT USAGE / MERCHANT FEES / AFFILIATE COMMISSIONS
No paid access is required for participation in clixGalore. Only Members who have successfully completed the clixGalore Merchant or Affiliate Signup process found on the Site may participate or use clixGalore and the Site.
clixGalore prohibits the use of this Site by Members who operate websites containing pornographic, racist or illegal content. The definition of pornograpic, racist or illegal content is entirely at the discretion of clixGalore. clixGalore does not support the advertising or placement of adverts on any sites connected with pornography, racist or illegal content. clixGalore however, will not be held responsible for any advertisements which are placed on websites containing pornographic, racist or illegal content. It is entirely the Merchants responsibility to ensure their adverts reside on Affiliate websites which meet their approval. clixGalore operates in full compliance with the CAN-SPAM Act of 2003 and requires its members to also comply. clixGalore may deactivate your account if you have sent spam or engaged in any unsolicited promotional activities. For further details please refer to our Email Policy.
clixGalore applies a transaction service fee to Merchants only. There is no Affiliate transaction service fee. clixGalore's service fee is 25% based on the commission paid from the Merchant to the Affiliate. The Merchant account is debited at the time of each transaction. For example, if the Merchant pays $1 in commission, the service fee is 25c making a total of $1.25 deducted from the Merchants program account balance. Merchants must maintain a program account balance greater than the potential commission due on all pending orders for traffic to be directed the Merchants website. Please note if your Merchant program is managed by one of our referral partners the clixGalore service fee is 30%. Commission is payable on all valid orders received. Valid orders includes all orders where payment is made by the customer and the goods/services are delivered to and retained by the customer. Traffic will not be directed to the Merchants website if their program account balance is not greater than the potential commission due on all pending orders. Furthermore, traffic will not be directed to the Merchants website if the program account balance is less that the commission rate specified in their program. Visitors will be directed to a page that contains the following text and reads 'Unfortunately we cannot redirect you to the website requested. The program may be inactive, have a low balance or the Merchant may be geographically targeting and filtering the customers / traffic received at their website. The country source of this click may have been filtered out.' This text may vary from time to time. Pending orders greater than thirty days old will be automatically confirmed. Retrospective lowering of the commission rate on pending and confirmed orders received is prohibited. The commission to be paid on these orders cannot be a rate lower than the rate set at the time the orders were received. The top level domain URL maintained in the program details or in the specified banner URL landing pages must be the same and cannot differ. Once a program has been activated this top level domain URL cannot be altered. If a different top level domain URL is specified in either location, clixGalore reserves the right to terminate the program. Annual Membership fees, banner design fees, banner hosting service fees and other promotional advertising service fees are non refundable. clixGalore charges a NZ$50 administration fee for each Merchant program deactivation/closure. (Please note that this does NOT apply to Affiliate commission payments). At the time of closure, the Merchant must honour the cookie period offered to Affiliates beyond the program closure date. Therefore transactions recorded within the cookie period that have a click date prior to the closure date will be processed against the respective Affiliate account. The program will not be considered fully closed until the cookie expiry period has elapsed. Interest is not paid on Merchant or Affiliate program account balances. Annual Membership fees, banner design fees, banner hosting service fees and other promotional advertising service fees associated with advertising on clixGaloretutor.com are non refundable. Annual Membership promotional services will be provided for one year from the purchase date and will automatically renew and continue to be provided unless the services are cancelled. The banner hosting service will be provided for one year from the purchase date. After this period, unless the Merchant has advised clixGalore prior to the banner hosting expiry date that they wish to cancel the banner hosting service, the banner hosting service will be renewed for one year. Account balance refunds are issued back to the credit card used to make the initial purchase (or another card with the same card holders name) as advised by the Merchant. A partial program balance refund can be requested however the program balance cannot be refunded to a level below the minimum balance notification level. clixGalore is under no obligation to credit your clixGalore account monetary sums that may have been lost or forfeited due to circumstances including, but not limited to, software malfunctions or inadvertent Member selections.
If you apply / purchase our services as a Merchant and submit your credit card details, you authorise clixGalore to debit your credit card for the services purchased, commissions owing on orders/leads received and any future deposits you make to your account. In the event of your credit card being declined and an alternative credit card has been previously provided to your account, this alternate credit card will be used to process the purchase/deposit. To minimise credit card misuse, repeated use of invalid credit cards to make account deposits will incur a $20 charge. This amount will be deducted from the Merchants account balance.
To ensure the integrity of the tracking and Affiliate payment for transactions driven to the Merchant site, all Lead and Sale programs will remain inactive until the 'End of Lead' or 'End of Sale' confirmation tracking code provided to Merchants for implementation has been verified by clixGalore. Furthermore a non refundable administration charge of $100 (ex gst) will be incurred by Merchants if the clixGalore 'End of Lead' or 'End of Sale' confirmation tracking code is removed and not re-implemented to the appropriate confirmation pages within 8 hours. In its sole discretion clixGalore may also determine that the Merchant must compensate clixGalore and Affiliates with a monetary sum for lost commissions covering the period tracking code is removed. This compensation will be paid from the Merchant account. If the tracking code remains removed for a period greater than five business days, the Merchant will be charged an administration fee equal to the program balance and the program will be deactivated. The clixGalore tracking code may not be modified in any way or used in any programming method or with technology that may degrade the integrity of the tracking of transactions. The definition of 'programming method' and 'degrade' is entirely at the discretion of clixGalore. Merchant programs that have not been activated after a period of one year will have a program closure charge applied to the program equal to the sum of the program balance.
From time to time we may request documentation from a Merchant to support and verify the reason they have provided for an order being declined. If the Merchant is unable to provide the requested documentation the order will be approved and the commission will be payable to the Affiliate.
clixGalore has a monthly Affiliate commission pay schedule and commissions are paid when an Affiliate program balance reaches US$50 or AUD$100 or UK£35 or €60 or NZ$110. clixGalore processes commission earnings for each currency separately. Commission earnings in different currencies are not combined. Affiliate program balances are not combined. To qualify for a payment, the Affiliate program balance for the respective currency must be equal or greater than the payment threshold for the respective currency. If we cannot get in contact with you using the contact details set out in your account settings, and: a)we cannot pay your commission because you have provided incomplete or incorrect payment information or you have not logged in to the clixGalore website for 12 months, by doing so you waive your right to be paid those commissions and you waive all of your rights and ownership in any commissions which we are holding to your account.
Deducted only from Affiliate commission balances, clixGalore charges Affiliates a single monthly network usage fee of US$1 or equivalent.
Affiliates may voluntarily close or terminate their clixGalore account. Doing so you waive your right to be paid any unpaid commissions below the minimum payment threshold's and you waive all of your rights and ownership of any commissions which we are holding to your account.
clixGalore is not obligated to supply you with your user name or account password if you misplace, forget or lose such information.
clixGalore prohibits the use of adware software. Such websites, programs and user of adware software may not join clixGalore. clixGalore reserves the right to refuse payment and terminate any such Member account that clixGalore deems to be of such nature. The definition of adware software is entirely at the discretion of clixGalore.
LIABILITY OF clixGalore
clixGalore is not liable for any losses of any kind incurred by the Member resulting from the use of any service provided by clixGalore, the closure of a Member's account or the termination of an Affiliate / Merchant relationship, the malfunction or failure of its systems, Site or service offering due to matters including, but not limited to, force majeure, the failure of clixGalore's or any other entity's software, hardware or communications technology or any part thereof, delays, losses, errors, or omissions resulting from failure of any telecommunications or any other data transmission system, any act of God, any outbreak of hostilities, riot, civil disturbance, acts of terrorism, the acts of Government or authority (including refusal or revocation of any license or consent), fire, explosion, flood, theft, malicious damage, strike, lockout or industrial action of any kind.
All services provided by clixGalore must be used strictly for lawful purposes only. clixGalore does not monitor, censor, edit or take any responsibility whatsoever for Member web site content or communications from the Member web site. Members are fully and solely responsible for the content and use of their web sites used in conjunction with clixGalore. The Site may now, or hereafter from time to time, contain links to third-party web sites. We do not control, investigate, monitor or check such web sites, we are not responsible for the computer programs available from, content in or opinions expressed at such web sites. We provide such third-party links only as a convenience to visitors of the Site, and the inclusion of a link does not imply approval or endorsement of the linked site by us. If you decide to leave the Site and access any third-party web site, you do so at your own risk. clixGalore will not be responsible for any injury or any liability to any Member resulting from a Members web site content or communication that may be offensive, misleading or illegal. Members agree to indemnify and hold harmless clixGalore from claims resulting from the use of any provided service or Member web site content which damages the Member or any other party.
It is your sole responsibility to understand and abide by any federal, state, local or foreign tax laws that may apply to your Affiliate commission payments. You agree and allow clixGalore to use recipient created tax invoices. You may be required to provide a 'Tax Invoice' or complete certain Australian Tax Office ("ATO") tax information reporting forms prior to your receipt of any monetary sums. You further understand that clixGalore may be required to provide information regarding your earnings to the IRS or any other foreign government agency that requests such information concerning its citizens.
It is the sole responsibility of the Member to set and verify their account/program settings. Merchants wishing to close their account/program must login and deactivate their program. It is entirely the Merchants responsibility to manage their Affiliates by approving or declining Affiliates from their program(s). Merchants wishing to stop an Affiliate promoting their program or receiving orders/leads from an Affiliate must decline/remove the Affiliate from their program by declining their join requests. clixGalore assumes no responsibility for account/program settings, and shall not be liable for any loss incurred as a result of account/program settings. It is the responsibility of the Merchant to maintain within their clixGalore account the terms and conditions associated with the Merchant program and the promotional methods/tools that may not be used by Affiliates. These terms and conditions are used by Affiliates \ as a guide to what marketing methods/tools may be used to promote the Merchant program. (i.e.) pay per click search engines etc. If no terms and conditions are maintained detailing the methods/tools that cannot be used by Affiliates when promoting the program, Affiliates may use the method/tools to promote the Merchant program.
If Merchants do not wish Affiliates to use third-party search engines or specific keywords on search engines such as Yahoo, MSN, Google, Findwhat etc to promote their Merchant program, products, services, Merchants must clearly disclose and maintain specific terms/conditions and keywords that Affiliates may not bid on under the 'Terms & Conditions' section pertaining to the Merchant program. Merchants must also provide timely responses to Affiliates seeking clarification or permission on ambiguous terms. Merchants must update their program's terms and conditions and inform Affiliates via email in a timely and clear fashion when changes to search engine usage and keyword policy occur. clixGalore reserves the right to apply a AU$75 charge to Affiliates (deducted from their balance) for a breach of Merchant terms and conditions.
clixGalore, in its sole discretion, may disqualify a Member from participation in the use of any or all portions of the Site if such Member engages in any conduct that clixGalore deems to be illegal, improper, unfair or otherwise adverse to the operation of the Site or detrimental to other users of the Site. Such improper conduct includes, but is not limited to: falsifying personal information required during account creation; sending spam emails; accumulating earnings or falsifying Merchant program expenditure through methods such as programming techniques or falsified information; intentionally trying to defraud or otherwise tamper with the computer programs or Member information comprising the Site. clixGalore may void and the Member forfeit any monetary sums that a Member has earned or deposited and/or require the return of any monetary sums that a Member may have accumulated if engaged or previously engaged in improper conduct. clixGalore may also recover any outstanding monetary sums/fees from Members using one or a combination of methods that include deductions to the Members current balance, credit card charges or reductions in promotional membership periods purchased. Members further acknowledge that the forfeiture of earnings or deposits shall in no way prevent clixGalore from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct.
TRADEMARKS, COPYRIGHTS AND PROPRIETARY RIGHTS
You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text and images without clixGalore's written permission.
You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in this Membership Agreement or in the text on the Site without the written permission of clixGalore. clixGalore neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties.
clixGalore assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text or images.
Any communication or material you transmit or post to the Site by electronic mail or any other method, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential, non-proprietary. Anything you transmit or post may be used by clixGalore or its Affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, you consent to the posting and transmittion of any data from your online shopping cart, online store and any other source. clixGalore is free to use any data, ideas, concepts, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation to the Member.
The trademarks and logos displayed on the Site are registered and unregistered Trademarks of clixGalore and/or others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of clixGalore or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in this Membership Agreement, is strictly prohibited. You are also advised that clixGalore will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
clixGalore will send all payments to Affiliates on a regular basis using a method chosen by clixGalore. clixGalore reserves the right to change this method or period at any time.
If a previously sent payment is rejected by an Affiliate and requires to be resent using any one of the payment methods, a AU$15 'repeat reprocessing' administration handling fee will be charged to the Affiliate and deducted from the commission payment amount. Any costs incurred or associated with sending a payment or the return of a payment will be deducted from the commission payment amount or balance. International wire transfers incur a AU$35 fee.
clixGalore Members may not refer themselves ('self referral') as either Merchants or Affiliates with the aim of receiving the referral commission. All referrals must be tracked using our technology, verbal referrals will not be accepted. Family members will not be accepted as valid 'referred' Merchants or Affiliates and will be deemed 'self referral'. Members that share the same personal/company details, or website details or commission payment details will also be deemed 'self referral'. Referral commission and any earnings associated with this type of 'self referral' will not be paid. clixGalore, in its sole discretion will determine the meaning of 'self referral'. Affiliate referrals to the clixGalore program are only valid for one year from the date of the Affiliate referral. Affiliate Referral commission can only be earned during this 1 year referral period.
clixGalore, in its sole discretion may charge Merchants a AU$110 (ex gst) administration fee to cover the costs associated with activites pertaining to enquiries emanating from each chargebacked item initiated by the Merchant.
clixGalore, in its sole discretion will make payment to an Affiliate if there are no outstanding monetary or fraudulent activity claims raised by clixGalore or any of its members. If appropriate, Affiliate and or Member account balances will be adjusted to remedy these claims.
clixGalore has not reviewed all of the sites linked to by the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
The regulations, terms and conditions contained herein represent the complete, final and exclusive agreement between clixGalore and the Member, and supersede all prior agreements, representations and understandings between clixGalore and the Member. This Membership Agreement and Member accounts may be terminated by clixGalore at any time. However, such termination does not affect the enforceability of the terms and conditions of this Agreement as they relate to acts and omissions during the period prior to such termination.
clixGalore reserves the right to change the terms and conditions or functionality of clixGalore at any time without notice.
The Member acknowledges that if any provision of this Agreement conflicts with any other rule, regulation, term or condition of the Site, the terms and conditions of this Agreement shall govern.