Wordshop Affiliate Program Partner Agreement

Hello there! Lovely to e-meet you!

We have set out below the terms that you agree to when you become an affiliate partner. Please read through carefully to ensure you understand the terms.

Overview

Welcome to the Wordshop AFFILIATE PROGRAM. Owned and operated by Wordfetti Group PTY LTD (referred to as “Company,” “us” or “we”). We offer DIGITAL COURSES (collectively referred to as “products”) at www.word-shop.com (the “site”).

As part of the marketing and community engagement for the Wordshop, we are hosting an Affiliate Program (the “program”), where you (“you” or Affiliate”) may advertise and promote the site and its products in exchange for a commission of the program as a way for us to say thank you.

By signing up to participate in the affiliate program you agree and accept the terms, and agree to be bound by these Terms and Conditions (“Terms” or “Agreement”).

We do reserve the right to change these Terms from time to time and will notify you when such changes are made.

Affiliate link and platform

To make things seamless and systemised, we use WordPress (the “platform”), a third-party affiliate marketing software, to manage our Affiliate program.

Signing up for the program is a 3-step process:

1. Please complete the application form located at: https://word-shop.com/affiliates/.
2. If your application is approved, you will receive access to your own affiliate portal to check your clicks, conversion statistics, and payout information. You can access your affiliate portal with us at any time.
3. In your portal, we will provide you with a unique affiliate link and discount coupon to share with your community and track your promotional efforts.

It is important that when sharing about your Wordshop purchase, and marketing our products, you use your unique affiliate link or affiliate coupon, as only sales that are tracked through your affiliate link or coupon will receive a commission payout.

License for promotional materials

To support you in your Affiliate program journey with us, we may, at its sole discretion, provide you with creative content ideas, email swipe copy, social media swipe copy, graphics, videos, and other content (collectively referred to as “promotional materials”) to assist in the active promotion of the products.

During the Term of this Agreement and for the sole purpose of promoting the products, the Company grants to Affiliate a non-exclusive, royalty-free, fully-paid, worldwide, license to use, reproduce, copy, modify and make derivative works, market, distribute, and transmit, the promotional materials. And equally, you agree there is a reciprocal license from you to the company of elements such as testimonials, and your company logos, that we are able to use for any promotional activities in the future.

Advertising compliance

The Wordshop Affiliate Program is based on your experience with us. We believe in ethical marketing and ask you not to engage in any deceptive advertising practices when promoting our products. You agree to always disclose your affiliate relationship with the Company, and to adhere to all applicable marketing and advertising laws.

In the event that you are found to be in noncompliance with any federal, state, or local laws regarding consumer protection or disclosure laws, you shall bear the sole responsibility for your conduct in accordance with paragraph 7 (“indemnification provision”) of these Terms.

Non-disparagement

You acknowledge and agree that your participation in the program with us is to share your experience with Wordfetti Your Words and promote our products in a positive light. Therefore, it shall be deemed a material breach of this Agreement if you, at any time during the Term, and thereafter make any disparaging, false, misleading, or otherwise defamatory comment(s) about the Company, and/or its employees, agents, directors, officers, affiliates, products, and/or services.

Intellectual property ownership

Company’s Property. You acknowledge and agree that all content, including promotional materials, presented within the scope of your participation in the program is the sole property of Wordfetti and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Any unauthorised use of our materials shall be deemed a breach of our intellectual property rights and shall result in criminal and/or civil penalties.

Your Property. Any content you create in addition to your participation in the program, including but not limited to social media posts, podcasts, blog posts, and email marketing shall be deemed your sole and individual property. Notwithstanding the foregoing sentence, you shall not use our logos, images, likeness, or other proprietary information in your content without our express written permission.

Joint Property. Should you decide to co-create or develop any content with us during the Term of this Agreement, including but not limited to Instagram lives, Podcast episodes, or educational materials for the purpose of promoting the products, all subsequent works will be jointly co-owned by you and us.

Indemnification

Each party agrees to indemnify, defend, and hold the other party harmless from all foreseeable claims, losses, expenses, fees (including reasonable legal fees) costs, and judgments, that may be asserted against the other party that result from its breach of this Agreement, its negligence, or its willful misconduct.

Limitation of liability

Except for indemnification obligations, neither party will be liable for damages that are remote or speculative, or that the breaching party could not reasonably have foreseen when entering into this Agreement.

Term and termination

The Term of this Agreement shall commence on the Effective Date and will remain in effect until terminated. You may terminate this Agreement by ending your participation in the program at any time. We may terminate this Agreement at any time due to breach by the affiliate, or by written notice to you.

Confidentiality

The Parties agree to keep confidential any and all proprietary information relating to the other party’s business, and any other information not generally made available to the public (collectively, “Confidential Information”).

The term Confidential Information includes the terms of this Agreement. The Parties shall use all commercially practicable efforts to safeguard the secrecy and confidentiality of each other’s Confidential Information, and shall not disclose any of the Confidential Information to any third party (other than as required to fulfil its contractual obligations or with the written consent of the other party), during the Term and thereafter.

Miscellaneous provisions

(a) Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Queensland, Australia without regard to conflict of law principles.

(b) Representations and Warranties. Each party represents and warrants to the other party that it has the right to enter into this Agreement and fulfil its obligations without violating any other agreement entered into with any third party.

Each party further represents and warrants to the other party that to the best of its knowledge, any and all materials or information of any kind that it provides: (i) does not infringe upon any third-party rights of any kind, including without limitation, any intellectual property rights, unfair competition, or publicity or privacy rights; and (ii) is true and accurate in all respects.

(c) Assignments. You acknowledge that the benefits and obligations under this agreement may not be assigned.

(d) Schedules and Exhibits. All Schedules and Exhibits to this Agreement, if any, are incorporated by reference into, and made a part of, this Agreement.

(e) Severability. In case any one or more of the provisions contained in this Agreement, for any reason, is held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of this Agreement and shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement.

(f) Interpretation. The fact of authorship by or at the request of a party must not affect the construction or interpretation of this Agreement.

(g) Modifications and Amendments. Should we make any amendments to these terms, from the date of signing, you will be advised. Continuation of your participation of the affiliate program will indicate your acceptance of our modifications and amendments.

(h) Force Majeure. Neither Party will be liable to the other or will be considered to be in breach of this Agreement, on account of any delay or failure to perform as a result of any acts of God, pandemics, acts of any political entity, or natural disasters, or any other causes or conditions that are beyond such party’s reasonable control. Should any such event occur, the affected party will give prompt written notice to the other party and will use commercially reasonable efforts to minimise the impact of the event.

(i) Notices. Any notice required to be given under this Agreement must be in writing and delivered to the other designated party by email or by mail to the party’s address by certified, registered or Express mail, or by Federal Express.

(j) Independent Contractors. The relationship between the Parties under this agreement is that of independent contractors. No joint venture, franchise, partnership, employment agreement, or agency is created under this Agreement.

(k) Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement.

You certify and acknowledge that they have had the opportunity to read this Agreement and that they have voluntarily entered into this Agreement fully aware of its terms and conditions.