These Terms and Conditions explain how our Affiliate Program works, how commission is earned and paid, what we ask of you, and the rules that keep both your reputation and ours protected. We have written these Terms in plain English. Where this creates any tension with strict legal drafting, the intention is that the Terms are interpreted reasonably and in good faith by both parties.
(1) These Terms & Conditions apply to participants in the
Green Cardigan Partners Affiliate Program (the "Program").
(2) In these Terms & Conditions, "Company", "we", "us", and "our" means Green Cardigan, the brand owned and operated by Green Cardigan Pty Ltd, a company registered in Australia under company number 690118846.
(3) In these Terms & Conditions, "Affiliate", "you" and "your" means the individual or organisation that is applying to become a participant in the Program and who will accept these Terms & Conditions upon joining the same.
(4) By accepting these Terms & Conditions you agree to be bound by them and shall enter into a binding agreement with us (the "Agreement").
In these Terms & Conditions the following terms shall have the following meanings:
- Affiliate Link means the unique tracking link or code we provide to you, which allows a sale to be attributed to you.
- Commission means the amount payable to you under clause 5, calculated on Net Sales Revenue.
- Customer means a person who purchases a Product through your Affiliate Link.
- GST means goods and services tax under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- Net Sales Revenue means the amount actually received and retained by Green Cardigan for a sale of a Product made through your tracked referral, excluding GST, any discounts or promotional credits applied, and any amounts refunded, charged back or otherwise reversed.
- Products means the Green Cardigan products and services eligible for commission, being the Navigating School Can’t Program, and as updated by us from time to time.
- Program means the Green Cardigan Affiliate Program described in these Terms.
- Refund Policy means Green Cardigan’s refund policy as published on our website and as amended from time to time.
- To join, you must submit an application and be approved by us. We may approve or decline any application at our discretion, acting reasonably.
- To be eligible, you must be at least 18 years old and able to receive payment to an Australian bank account.
- You must provide accurate information when you apply and keep your account and payment details current. We are not responsible for payments delayed or misdirected because your details were incorrect or out of date.
As an affiliate you agree to:
- Promote Green Cardigan honestly, accurately and in keeping with our values;
- Comply with all applicable laws, including the Australian Consumer Law, the Spam Act 2003 (Cth) and the Privacy Act 1988 (Cth);
- Use only the Affiliate Links, codes and approved materials we provide;
- Disclose your affiliate relationship with Green Cardigan wherever required by law or professional standards; and
- Not do anything that could damage the reputation or goodwill of Green Cardigan.
Subject to these Terms, you will earn Commission on Products purchased by Customers through your Affiliate Link at the following rates:
- Navigating School Can't Program 20% commission. One-off basis, per sale.
- Holiday Reset Guide 20% commission. One-off basis, per sale.
Net Sales Revenue. Commission is calculated on Net Sales Revenue. This means the amount actually received and retained by Green Cardigan, excluding GST, discounts, promotional credits, refunds and chargebacks.
- Sales are tracked using a 30-day cookie. If a Customer purchases a Product within 30 days of clicking your Affiliate Link, the sale will ordinarily be attributed to you.
- Attribution is on a last-click basis. Where a Customer clicks more than one affiliate link, the most recent eligible Affiliate Link before purchase receives the Commission.
- No Commission is payable on any sale that cannot be tracked to your Affiliate Link, including where a Customer’s browser blocks or clears cookies, or where tracking otherwise fails for reasons outside our reasonable control.
- Commission becomes payable only after the applicable refund period for the relevant Product has expired in accordance with Green Cardigan’s Refund Policy, and the Customer’s payment has been successfully received and retained by Green Cardigan.
- Commission is not payable on any sale while it remains within the applicable refund period, or on any sale that is refunded, cancelled, charged back or otherwise reversed.
- We pay Commission monthly. All Commission earned are subject to a maturity period of 30 days (allowing for potential refunds and cancellations). After this maturity period, the commission amount will be eligible for payout. Commissions that are not yet mature cannot be paid, even if approved.
- Commission is paid by electronic funds transfer (bank transfer) to the Australian bank account you nominate. We do not pay by any other method.
- There is no minimum payout threshold. Commission that has become payable will be paid in the next scheduled payment run.
- Commission is calculated on the Net Sales Revenue received by Green Cardigan, excluding GST, refunds, chargebacks and any discounts applied.
- If you are registered for GST and are legally entitled to charge GST on Commission payments, Green Cardigan will pay any applicable GST upon receipt of a valid tax invoice, or where otherwise required by Australian law.
- If you are not registered for GST, no GST is payable on your Commission, and the Commission amount calculated under these Terms is the full amount payable to you.
- The parties may agree in writing to a Recipient Created Tax Invoice (RCTI) arrangement, in which case Green Cardigan may issue tax invoices on your behalf in accordance with the requirements of the Australian Taxation Office.
- If a sale is refunded, cancelled, charged back or otherwise reversed, no Commission is payable on that sale.
- If Commission has already been paid on a sale that is later refunded or charged back, we may deduct (set off) the corresponding amount from your future Commission, or request repayment if no future Commission is available to offset it.
When promoting Green Cardigan, you must not:
(a)make any statement that is misleading or deceptive, or likely to mislead or deceive, consistent with the Australian Consumer Law;
(b)send unsolicited commercial electronic messages (spam) in breach of the Spam Act 2003 (Cth);
(c)bid on, or use, Green Cardigan’s business name, trademarks or brand terms in paid search or paid advertising without our prior written permission;
(d)create, offer or publish discount codes, coupons or promotional offers that we have not authorised;
(e)impersonate Green Cardigan, or imply that you are Green Cardigan or are speaking or acting on our behalf; or
(f)make claims about the outcomes of our Products that are not supported by Green Cardigan’s published information.11.1 Green Cardigan may determine, acting reasonably, whether a promotional method complies with these Terms. Where a promotional method does not comply, we may request that it be amended or removed, or suspend or terminate your participation in the Program.
Where you are a registered health practitioner or allied health professional, you must ensure that any recommendation of Green Cardigan’s Products is made in the best interests of your client, complies with your professional obligations and code of conduct, and includes any disclosure required by applicable law or professional standards.
You must not represent that you are speaking on behalf of Green Cardigan, provide clinical advice on Green Cardigan’s behalf, or make claims about the outcomes of Green Cardigan’s Products that are not supported by Green Cardigan’s published information.
- Green Cardigan grants you a limited, non-exclusive, non-transferable and revocable licence to use our approved brand assets (such as our name, logo and marketing materials) solely to promote the Products in accordance with these Terms and any brand guidelines we provide.
- You must not alter our brand assets, register or use any confusingly similar names, logos or domains, or use our intellectual property in any way that is not expressly permitted under these Terms. All goodwill arising from your use of our brand assets belongs to Green Cardigan.
- You may receive non-public information from Green Cardigan, including commission arrangements, business plans, customer information and unpublished materials (“Confidential Information”).
- You must keep Confidential Information confidential, use it only for participating in the Program, and not disclose it to any third party without our prior written consent, except where disclosure is required by law. This obligation continues after your participation in the Program ends.
- You participate in the Program as an independent contractor. Nothing in these Terms creates any employment, agency, partnership or joint venture relationship between you and Green Cardigan.
- You have no authority to enter into any commitment, make any representation, or incur any liability on behalf of Green Cardigan.
- These Terms apply from the date your application is approved and continue until terminated.
- Either party may terminate participation in the Program at any time, for any reason, by giving written notice to the other.
- We may suspend or terminate your participation immediately if you breach these Terms or if we reasonably consider that your conduct may harm Green Cardigan or its customers.
- On termination, you immediately stop earning new Commission. Commission that has already become payable before termination will be paid in the next scheduled payment run, subject to these Terms (including any refund, chargeback or set-off under clauses 7 and 10).
- For the Group Support Subscription, recurring Commission ceases on termination of your participation, even if the Customer’s subscription continues.
- Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable law.
- To the maximum extent permitted by law, Green Cardigan is not liable for any indirect, special or consequential loss, or any loss of profits or revenue, arising out of or in connection with the Program. To the extent we are liable, our total liability is limited to the total Commission paid to you in the 12 months before the relevant claim arose.
- You indemnify Green Cardigan against any loss, claim, liability or expense arising from your breach of these Terms, your negligence or wilful misconduct, or any representation you make about Green Cardigan or the Products that is not authorised by these Terms or our published information.
You must comply with the Privacy Act 1988 (Cth) and handle any personal information you collect or access in connection with the Program lawfully and appropriately. You must not use Customer information for any purpose other than as permitted under these Terms.
We may change the Program or these Terms (including commission rates, eligible Products, tracking and payment arrangements) by giving you reasonable notice, including by posting updated Terms or notifying you by email. If you continue to participate after a change takes effect, you accept the change.
- These Terms (together with our Refund Policy and any brand guidelines we provide) are the entire agreement between you and Green Cardigan in relation to the Program.
- If any provision of these Terms is found to be invalid or unenforceable, it is severed and the remaining provisions continue in full force.
- A failure or delay by us to exercise a right under these Terms is not a waiver of that right.
- You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations to a related entity or successor.
- Notices under these Terms may be given by email to the address each party has nominated.
These Terms are governed by the laws of Queensland, Australia. You and Green Cardigan submit to the non-exclusive jurisdiction of the courts of Queensland and the courts able to hear appeals from them.
By applying to join, or by participating in, the Green Cardigan Affiliate Program, you confirm that you have read, understood and agree to be bound by these Terms and Conditions.
