Funergizers Affiliate Program

Terms and Conditions

1. To be an authorized affiliate of Funergizers.com, you agree to abide by the terms and conditions contained in this agreement.
2. Please read this agreement carefully before registering and using the Funergizers.com service as an affiliate. By signing up for the Funergizers.com Affiliate Program, you indicate your acceptance of this agreement and its terms and conditions.
3. To become a Funergizers.com Affiliate you must apply online using the Funergizers Affiliate Program Sign Up Form
4. Your participation in the program will be subject to Interactive Events Pty Ltd approving your application. Interactive Events Pty Ltd have the right to refuse your application at it's discretion.
5. The agreement provides you with the non-exclusive right to direct users ("Visitors") from your website/s, email marketing campaigns or off line marketing to the Funergizers.com website, in return for the payment of commissions as specified below.
6. You desire to obtain from us, and we agree to grant you the non-exclusive right and license to advertise, market and promote the Service, in accordance with the following terms and conditions.
7. "we" and "us" refer to Interactive Events Pty Ltd and www.funergizers.com.
8. "you" and "Webmaster" refers to the other party to the contract formed by the acceptance of these Terms and Conditions.
9. You must be at least 18 years of age to participate in our program, you and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.
10. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this paragraph.
11. We will track all relevant data on your referred visitors and traffic. We will provide you with remote online access to the necessary statistics for the Funergizer Affiliate Programs you utilize. These reports will be available in real time for most statistics but may be delayed for hits by several minutes. Interactive Events Pty Ltd will do everything in their power to keep statistics as close to real time as possible but will not be held responsible for delays in reporting statistics from time to time.
12. The tracking cookie duration is set to 90 days by default. Any visitors who have been referred to funergizers.com from your website/s, blogs or email campaigns will retain your specific cookie for this period. Cookies are set per 'The First To Send Visitor Gets Credit'. This means if you direct a visitor to funergizers.com, they leave the site without making a purchase and then return within 90 days that visitor will be credited as your referral.
13. Your commission will be set according to the amount of commissions you generate within a calendar month. For the first $1,500 worth of sales for the month will receive 30% commission. For any additional sales you refer after this amount within a given calendar month you will receive 40% commission.
14. For example if you generate $2,500 worth of sales within a calendar month you will be receive 30% for the first $1,500 ($500 commission) and for remaining $1,000 worth of sales you will receive 40% commission ($400). Therefore for $2,500 worth of sales generated within a calendar month you wil receive $900 commission.
15. All dollar amounts are in Australian Dollars (AUD).
16. Offline Marketing is available. You must fill in the Offline Registration Form and send it to Interactive Events Pty Ltd along with payment for Interactive Events Pty Ltd to process.
17. If marketing Funergizers offline you are not permitted to promote, sell or charge the Funergizers.com products for any other price than those that are advertised on Funergizers.com at the time of advertising or purchase.
18. Interactive Events Pty Ltd makes no guarantees or specific claims that the affiliate will make any amount of money using this program. Results will definitely vary. 
19. Commissions are paid out on approximately the 15th of each month for commissions that have been generated during the pre-prior calendar month. For example any commissions earned in the month of January will be paid on the 15th of March. This allows us time to cross reference purchases made and any 30 Day Guarantees acted on.
20. Commission payments will be processed using PayPal. You must have an active and valid PayPal account and provide us with the PayPal Account Email Address in order to have commissions paid. You can click here to open a free PayPal Account.
21. Interactive Events Pty Ltd may from time to time pay affiliate commissions using an Australian Bank Cheque/Check.
22. A commission will only be approved if full payment has been received and processed by Interactive Events Pty Ltd and the 30 Day Guarantee has lapsed.
23. Interactive Events Pty Ltd have the right and may change this commission structure and amounts at their discretion. It is your responsibility to keep yourself up to date with the current published rates on the Funergizers.com web site.
24. We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures, and referral program rules. Your continued participation in the program following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change.
25. By agreeing to this agreement, you are agreeing to create a unique link (generated from your affiliate control panel) from your website/s, blogs, search engine page, opt in newsletter to Funergizers.com website. You may link to Funergizers.com with banners, adverts, images, text ads or with a text link.
26. You are not permitted to distribute, modify, transmit, reuse, re-post, or use the content of Funergizers.com to advertise the programs or your affiliate program. You are only permitted to use original content or that supplied through the affilaite marketing materials menu links.
27. We will terminate this agreement immediately if there is any form of unsolicited communication (spamming) or if you misrepresent Funergizers in any other way.
28. You will not knowingly benefit from known or suspected traffic not generated in good faith whether or not it actually causes damage to Funergizers.com, or its web site's. Should fraudulent activity arise in relation to an account (including but not limited to hitbots, CC fraud, IP fraud), we retain the right to retract the commissions paid to the affiliate at any time. Our decision in this regard will be final and no correspondence will be entered into. We reserve the right to retain all amounts due to you under this Agreement if we have reasonable cause to believe that such traffic has been caused with your knowledge.
29. You agree to avoid improper conduct such as, 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.
30. Interactive Events Pty Ltd may void and refuse to pay/reimburse to you any monetary sums that you have earned or require the return of any monetary sums that you may have accumulated as a result of such improper conduct. You further acknowledge that the forfeiture of earnings or deposits shall in no way prevent Interactive Events Pty Ltd from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct.
31. Sites that ask their surfers to click , download or in any other way access Funergizers.com, or Funergizers.com advertising banners, images, links or text ads, in order to access their site or to obtain other goods or services besides those offered by Funergizers.com will be considered fraudulent.
32. Any re-selling, sharing, hiring, or unauthorized reproduction of Funergizers.com activities and products that fall outside the scope of the Funergizers Affiliate Program will be considered as stealing and breach of copyright. You agree to notify Interactive Events Pty Ltd of any such activity.
33. Fraudulent activities will be pursued to the full extent of the law regardless of country of origin. Interactive Events Pty Ltd has a zero tolerance for fraud.
34. You are not permitted to use Funergizers.com as part of any PPC advertising campaign. If you are found to be brand bidding we reserve the right to withhold all revenue and close your account with our program. The definition of a 'Paid to Click', 'Paid to Surf' program is entirely at the discretion of Funergizers.com.
35. You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for ensuring that materials posted on your site are not libelous or otherwise illegal. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys fees) relating to the development, operation, maintenance, and contents of your site.
36. The term of this Agreement will begin when you register with the Funergizers.com Affiliate Program and your account is approved by Interactive Events Pty Ltd and will be continuous unless and until either party notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement may be terminated immediately.
37. Termination is at will, for any reason, by either party. For purposes of notification, delivery of a notice of termination via e-mail is considered a written and immediate form of notification.
38. The following sites are not permitted to advertise Funergizers.com or participate in the Funergizers.com Affiliate Program; sites that: are aimed at children, promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, or violate intellectual property rights.
39. Upon termination:
    1. All rights and licenses given to you in this Agreement shall immediately terminate.
    2. You must remove all Funergizers.com banner's, images, content, links and text adverts from your site.
    3. You will be entitled only to those unpaid referral fees, if any, earned by you on or prior to the date of termination. You will not be entitled to referral fees occurring after the date of termination.
    4. If you have failed to fulfill your obligations and responsibilities, we will not pay you the referral fees otherwise owing to you on termination.
    5. You will cease all uses of any trade names, trademarks, service marks, logos and other designations of ours
    6. You and we will be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination, as set out in this Agreement.
    7. Termination will not relieve you from any liability arising from any breach of this Agreement that occurred prior to termination.
40. During the term of this Agreement, you may be entrusted with Confidential Information relating to the business, operations, or underlying technology of the affiliate program(including, for example, referral fees earned by you under the program). You agree to avoid disclosure or unauthorized use of the Confidential Information to third persons or outside parties unless you have our prior written consent and that you will use the Confidential Information only for purposes necessary to further the purposes of this Agreement. Your obligations with respect to Confidential Information shall survive the termination of this Agreement.
41. You shall defend, indemnify, and hold us and our directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney's fees, resulting from, arising out of, or in any way connected with :
    1. any breach by you of any warranty, representation, or agreement contained in this Agreement,
    2. the performance of your duties and obligations under this Agreement,
    3. your negligence or
    4. any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorized use of our banners and link or this referral program.
42. We make no express or implied warranties or representations with respect to the referral program, Funergizers.com or referral fee payment arrangements (including, without limitation, their functionality, warranties of fitness, merchantability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or errors.
43. We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the referral program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
44. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.