Terms & Conditions - Affiliate Program
Welcome to the Lük Beautifood Affiliate Programme (the “Affiliate Programme”), here is a summary of key points:
- Once you are approved for the Affiliate Programme we will provide your URL link. Please use this to identify when an order has been placed from a link from your site, email or other communications to the Lük Beautifood website.
- We may provide images to you to use, you may use these for the Affiliate Programme while you are an Affiliate and for no other purposes and you may not modify these. If we spend new images please use the new images not the old images.
- Do not display product prices on your site, to purchase the customer clicks through to our site which has current prices.
By signing up to be an affiliate in the Lük Beautifood Affiliate Programme (the “Affiliate Programme”) you accept and agree to be bound by the following terms and conditions (the “Terms”). Please ensure that you read them carefully before signing up.
We reserve the right to update and change the Terms from time to time without notice. Any amendments, modifications, enhancements or changes to the Affiliate Programme including the release of new features and resources made available by us from time to time shall be subject to these Terms. Continued use of the Affiliate Programme after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms at any time at: https://lukbeautifood.com/pages/affiliate-terms-and-conditions
Any violation of these Terms may result in, among other things, termination or suspension of your rights to be an Affiliate and forfeiture of any outstanding affiliate referral fee payments earned during the violation.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the sign up process for an Affiliate account (“account”), and keep these up to date.
You must be 18 years of age or older to join this Affiliate Programme.
Each account is for use by either a single legal entity (e.g. a company or a partnership) or an individual user. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any user names and passwords issued (including those of any Invitees) rests with you.
You may not use the Affiliate Programme for any illegal or unauthorised purpose or a purpose that could bring Lük Beautifood into disrepute. You must not, in the use of the Affiliate Programme, violate any laws in your jurisdiction (including but not limited to copyright laws). You agree to comply with all applicable laws, regulations, industry codes of conduct and standards in performing your obligations under these Terms, and not to make false or misleading representations or omissions regarding Lük Beautifood or its products.
Referral Links & Promotion
Once you have been approved for the Affiliate Programme you will be provided with a URL link that must be used to identify when an order has been placed from a link from your site, email or other communications to the Lük Beautifood website. It is your responsibility to ensure each such link is correctly formatted.
We may also provide graphical images that can be used within the links to promote Lük Beautifood. We license you to use the link and the graphical images for the sole purpose of the Affiliate Programme while you are an Affiliate. You may not modify these images in any way. We reserve the right to change the images at any time without notice, and you need to cease using the previous images and to use the new images.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site.
You may not use our name or graphics in any bulk email whatsoever unless we have given our prior written consent. We may terminate the Agreement if any meaningful spam complaints naming us or our products result from your marketing activities.
You may not issue any press release with respect to this Agreement or your participation in the Affiliate Programme; such action may result in your termination from the Affiliate Programme. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our Products, say you are part of Lük Beautifood or express or imply any relationship between us and you or any other person or entity, except as expressly permitted by this Agreement.
For the sale of a product to be eligible to earn a referral fee, the customer must click-through from your referral link from your site, email, or other communications to the Lük Beautifood website and make a purchase.
We will only pay referral fees on sales that are automatically tracked and reported by our systems. For our systems to track the referral, the visitor must have cookies enabled. We will not pay referral fees if someone says they signed up through you but it was not tracked by our system.
The referral fee is 15% of our revenue from customers that you refer. The referral fee will be credited to your Affiliate account once the customer pays for their purchase. Referral fees are earned when a customer makes a payment in full.
Accrued referral fees are paid via bank transfer or PayPal approximately once per month, commencing once your accrued referral fees total AUD50 or more. You must have a valid bank account or PayPal account to receive referral fees, as we do not offer payment via cheque/check, credit card, cash or other method. If you prefer, we can offer you a Gift Card to the value of your commission.
Customer payments refunded or payments charged-back due to credit card fraud do not qualify for referral fees. We may delay crediting of referral fees subject to risk analysis considerations and Anti-Money Laundering procedures.
A summary of sign ups and statement of referral fees is available to the Affiliate by logging into their Affiliate account.
The referral fee structure is subject to change at our discretion.
We reserve the right to disqualify referral fees earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods, including methods that may bring Lük Beautifood into disrepute at our discretion.
All fees are exclusive of all taxes, charges, levies, assessments and other fees of any kind imposed on your involvement in this Agreement. These are your responsibility and payable by you.
We reserve the right to check and change commissions on the basis of orders actually paid, the notification e-mail is not understood as a confirmed commission - this is only a notification, and every payment will be verified based on real transactions.
Every customer who buys a product through your Referral Link is deemed to be a customer of Lük Beautifood. Accordingly, all of our terms, policies, and operating procedures concerning pricing, customer orders, customer service, and sales will apply to those customers. We may change our policies and operating procedures at any time. Lük Beautifood is not responsible for any representations made by the Affiliate that contradict our rules, policies or operating procedures.
Pricing & Availability
We will determine the prices to be charged for products sold under this Affiliate Programme in accordance with our own pricing policies. Services prices and availability may vary from time to time. Because price changes may affect products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
Copyrighted and Trademarked material
You are solely responsible for ensuring that your reviews, product descriptions and articles (if applicable at your site) comply with all applicable copyright, trademark, and other laws. Lük Beautifood will not be responsible if you use another party's copyrighted or trademarked material in violation of the law.
These Terms and the details of the Affiliate Programme are confidential. You will maintain the secrecy of this confidential information and will not disclose, copy, transmit, retain or remove any Confidential Information. The obligations under this clause will survive the termination of these Terms.
It is a condition of these Terms that you comply with the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Affiliate Programme application and will end when terminated by either party or when you cease to be an affiliate. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your address on our records, is considered sufficient notice to terminate this Agreement. Lük Beautifood reserves the right to end the Affiliate Programme at any time.
Upon Affiliate Programme termination, Lük Beautifood will pay any legitimate outstanding earnings.
Lük Beautifood, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Affiliate Programme, or any other Lük Beautifood programme, for any reason at any time. Such termination will result in the deactivation or deletion of your Affiliate Account, and the forfeiture and relinquishment of all potential or accrued referral fees in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Lük Beautifood reserves the right to refuse service to anyone for any reason at any time.
Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to the Lük Beautifood website and all our images and other materials provided under the Affiliate Programme. You must cease to mention the Affiliate Programme or any relationship with Lük Beautifood.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, trustee or employment relationship between the parties. 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 Agreement. These Terms are not a commitment by either Party to work exclusively with the other Party regarding referrals of potential new business or any other business activities.
Limitations of Liability
To the extent permitted by law, the Company and any of the Company's officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Affiliate Programme.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration in NSW, Australia, administered by the Australian Disputes Centre (ADC) with such arbitration to be conducted in good faith, in New South Wales, and in accordance with the ADC Arbitration Guidelines. The arbitrator will decide the time and place for arbitration. The Parties must attend the arbitration in good faith, to seek to resolve the dispute. The costs of arbitration are to be split between the two Parties, provided that each Party will bear its own costs in relation to the arbitration. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
All notices given by you to us must be given to Lük Beautifood at firstname.lastname@example.org. We may give notice to you at the e-mail address you provided to us when registering. Notice will be deemed received and properly served 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control (a “Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of public or private telecommunications networks;
(e) the acts, decrees, legislation, regulations or restrictions of any government.
Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.
If we fail, at any time to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled hereunder, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These Terms and any document expressly referred to in it represents the entire agreement between us in relation to the use of the Affiliate Programme and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into these Terms, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into these Terms except as expressly stated herein.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date we entered into these Terms (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms.
Governing law and jurisdiction
This Agreement is governed by the laws of New South Wales and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New South Wales.
You may obtain your own independent legal advice and pay its own costs and expenses (including legal costs and expenses) in relation to the negotiation, preparation and execution of these Terms and any variation or replacement of these Terms.
If you have any questions you may contact us at:
Lük Beautifood Pty Ltd
Unit 1, 13b Narabang Way, Belrose
NSW 2085, Australia
Telephone: 1300 669 442