AFFILIATE PROGRAM AGREEMENT
Thank you for considering promoting and recommending KISS WP Websites products and services to your clients.
This Affiliate Program Agreement (the "Agreement") is legally binding. It sets out the terms of the affiliate relationship between You (the "Affiliate Member") and KISS WP Websites ABN 70 744 290 056 (the "Program Owner") for the benefit of both parties.
About KISS WP Websites
KISS WP Websites is a business name of the Jameson Leslie Trust. The business is owned by Karen Leslie.
The ideal clients of KISS WP Websites tend to be solo or micro businesses, run by businesswomen with existing WordPress websites who need support in getting the best from their website. This can include WordPress website care plans, plugin audits, one to one support for website errors or WordPress training.
KISS WP Websites ABN 70 744 290 056
Postal Address: please email using the address above to request my postal
Your participation as an Affiliate Member under this Agreement is solely to legally advertise our products/services to receive a commission on products/services purchased by individuals referred to KISS WP Websites via your own website or personal referrals.
Please read the whole Agreement carefully.
This Agreement becomes a legally binding contract between you and KISS WP Websites when you submit your details to request an Affiliate Account with KISS WP Websites to provide you with a unique affiliate link/code to use when you refer potential customers to the KISS WP Websites website.
TERMS AND CONDITIONS
1. Enrolment as Affiliate
1.1. Enrolment in our Affiliate Program is via an application on https://kisswpwebsites.com.au/affiliate-registration
1.2. You will be required to provide your name, registered business name, ABN, full contact details and Paypal address or bank details to receive commission payments and your GST status.
1.3. Karen Leslie reserves the right to refuse your enrolment application where it is apparent to the her that you or your clients would not benefit from this affiliate relationship if there is a lack of shared business values or if there is a risk to KISS WP Websites or Karen Leslie’s professional reputation.
2. Affiliate Management System
2.1 The affiliate relationship with KISS WP Websites is managed through the KISS WP Websites Website using Yith Woocommerce Affiliates.
2.2 Affiliate links are tracked by cookies on the end-user’s (whomever the affiliate shares the link with) internet browser for up to 60 days.
2.3The end-user must have support for browser cookies for the tracking to work effectively.
2.4 KISS WP Websites is not responsible for payment commissions where the Affiliate link has not been tracked for any reason including where the end-user browser cookies are not working to provide the information required to confirm a successful conversion using the Affiliate link provided.
3. Commission Payments
3.1. All products/services sold on KISS WP Websites website are included in our Affiliate Program, including but not limited to:
3.1.1 Stress Less Self-Paced Study Guide for Basic WordPress Website Maintenance
3.1.2 WordPress Consultation – 30 minutes
3.1.3 WordPress Consultation – 60 minutes
3.1.4 WordPress Website Plugin Audit
3.1.5 WordPress Webcare Plans – all levels, monthly and annual
3.2. As an Affiliate Member, you will receive a payment of 15% of each order or sale placed using your unique affiliate URL link calculated on the last day of the month for calculation of payment on 15th of each month (or the following Monday if that falls at a weekend) as long as a minimum threshold of $50 has been reached.
3.3. The commission is calculated solely on the upfront payment amount charged at the point of sale.
3.4. To generate a commission, the referred customer must:
3.4.1. use your unique and properly coded affiliate link to complete a purchase via our website; AND
3.4.2 pay for the product / service in full through KISS WP Websites Website; AND
3.4.3. not request a refund for their purchase. (Orders refunded for any reason do not attract a commission payment.)
3.5. It is your responsibility to ensure that the correct link is provided to your customers and referral.
3.6. Affiliate Members must provide their registered Paypal email address or bank details to receive commission payments.
3.7. Commissions are paid via Paypal or direct debit as an Affiliate Member between the dates of 15th to 18th of each month as long as a $50 minimum has been reached.
3.8. It is your responsibility to notify KISS WP Websites of any changes to your contact details, email address, or bank account details or registered Paypal address
3.9. All payments and references to payments in this Agreement are in Australian Dollars.
3.10. All prices of products included in the Affiliate Program include GST.
3.11. You are responsible for meeting all your tax obligations regarding your affiliate income, including paying GST out of your commission if you are registered to do so.
3.12. Your commission as set out above in section 3.2 will be calculated on the base product price, including GST.
60 Day cookie attachment to an affiliate link
3.13. A 60-day cookie period applies to your link. This means when someone clicks on your link, their address is attached to your link for 60 days.
3.14. Any purchases made from KISS WP Websites website within the 60-pay period will attach to your affiliate link for the commission payment calculated as set out in section 3.2 above at the point of sale payment by the customer.
3.15. KISS WP Websites may change this commission rate at any time, including increasing the commission percentage temporarily for promotional periods from time to time.
3.16. After any promotional period, the rate will return to the regular commission percentage under this Agreement.
4. Australian Consumer Law
4.1. KISS WP Websites products are offered in compliance with Australian Consumer Law.
4.2. Each product or service package includes a Terms of Engagement document which sets out the applicable refund policies for that product.
4.3. If a customer has any problems, difficulties or complaints, this is entirely the responsibility of KISS WP Websites and your commission will not be impacted.
5. Order Delivery and Fulfilment
5.1. KISS WP Websites is solely responsible for the digital delivery of purchases from KISS WP Websites website.
5.2. Digital delivery of digital products/services, (via download), is triggered immediately upon payment by the customer.
6. Your obligations as an Affiliate
6.1. As an Affiliate Member of KISS WP Websites Affiliate Program, you agree to the following:
6.1.1. You may not supply KISS WP Websites products to your customers by any means other than your unique KISS WP Websites affiliate link/code.
6.1.2. You are not authorised to collect payments from the sale of KISS WP Websites products yourself.
6.1.3. You are not authorised to sell KISS WP Websites products as a reseller through any means other than using your unique affiliate link/code.
6.1.4. You are not authorised to give away any KISS WP Websites products for any reason.
6.1.5. You may not offer rebates, coupons, or other promised kickbacks from your affiliate commission as an incentive.
6.1.6. You will maintain the confidentiality of all correspondence between you and KISS WP Websites and keep all buyers' details confidential.
6.2. Any breach of this term [5.1.1-5.1.6] will immediately terminate your affiliate relationship with KISS WP Websites, and KISS WP Websites reserves the right to take appropriate legal action.
7.1. Upon acceptance into the Affiliate Program, a unique link/code will be available through the affiliate back-office.
7.2. You may use both graphic and text links on your website/social media and within your email messages.
7.3. You may also advertise KISS WP Websites site in online and offline classified ads, magazines, and newspapers.
7.4. You may use the graphics and text provided by us, or create your own, provided they are deemed appropriate according to the Affiliate Program Terms and Conditions.
7.5. You will only use linking code obtained from the affiliate interface without
7.6. All domains that use your affiliate link must be listed in your affiliate profile.
7.7. Your website will not in any way copy, resemble, or mirror the look and feel of KISS WP Websites website. You must not use any of our trademarks other than as expressly provided in these terms.
7.8. You will not use any means to create the impression or confuse consumers that your website is KISS WP Websites website or any part of our website, including, without limitation, the framing of our website in any manner.
7.9. You may not engage in cookie stuffing or include pop-ups or false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring URL information (i.e., the page from where the click originates).
7.10. You may not use redirects to bounce a click from a domain from which the click did not originate to give the appearance that it came from that domain.
7.11. If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided, and your membership to the Affiliate Program will be terminated.
Special Codes and Coupons
7.12. KISS WP Websites may occasionally offer a special code or coupon to select Affiliate Members and our newsletter subscribers.
7.13. If you are not assigned a branded coupon or haven't received prior approval, you're not permitted to promote the coupon.
7.14. Below are the terms that apply to any affiliate member who is considering the promotion of our products in relation to a deal, coupon, or code:
7.14.1. Affiliate Members may not use misleading text on affiliate links, buttons, or images to imply anything besides currently authorised deals to the specific affiliate.
7.14.2. Affiliates Members may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific saving by clicking on a clearly marked link, button or image for that coupon or deal. Your link must send the visitor to our website.
7.14.3. Users must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e., "click here to see coupons and open a window to merchant site" is NOT allowed).
7.14.4. Affiliate sites may not have "Click for (or to see) Deal/Coupon" or any variation when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliate Members with such text on the merchant landing page will lose their membership in the Affiliate Program.
8. Customer Service
8.1. All customers who purchase products/services from KISS WP Websites using your affiliate link/code become a customer of KISS WP Websites and are subject to the terms and conditions of working with or purchasing products/services from KISS WP Websites.
8.2. There is no customer responsibility relationship between you and the purchaser in relation to the products/services.
8.3. The affiliate commission is a fee paid to you for your recommendation, and introduction of KISS WP Websites products/services resulting in a customer purchasing from KISS WP Websites.
8.4. This fee in no way alters either Party's autonomy to meet their respective obligations of customer service through their individual businesses.
8.5. KISS WP Websites may change terms and conditions, business processes, available products and services or prices at any time. You will be notified where any such change will likely affect our current affiliate agreement.
9. Unacceptable Behaviour
9.1. KISS WP Websites has a professional responsibility to maintain good standing in both the local and online community and, therefore, cannot be affiliated with any person who is found to be conducting themselves in a manner that is personally and socially offensive or seen to be advocating violence, discrimination of any kind, or engaging in illegal activity.
9.2. You agree that while this affiliate relationship is a means for you to benefit your customers by enabling them to access quality products, engaging in spam email or other forms of internet abuse, including spamming forums, blogs, Twitter, Facebook, or other social media to market, advertise or solicit sales is strictly prohibited and will result in the termination of this Agreement.
9.3. Spam means;
9.3.1. Email and email campaigns to people you do not have an existing commercial or personal relationship with;
9.3.2. Emails and email campaigns to people who have not consented to receive marketing information and material from you through a properly compliant opt-in subscription.
9.3.3. Posting irrelevant and off-topic message posts in Facebook groups without considering the group rules or theme days.
9.3.4. Cold private messaging people with the intention to sell the products the subject of this Agreement.
9.3.5. Posts and comments on all social media, emails, and personal calls and letters that include unsolicited attempts to sell to the recipient.
9.4. You may not use your affiliate link/code to gain commission on your own purchases of KISS WP Websites products or services.
9.5. However, if you wish to purchase any KISS WP Websites products or services for your own use, please email .
10. Our Relationship
10.1. This agreement does not create any partnership, joint venture, agency, franchise, sales representative or employment relationship between you and KISS WP Websites.
10.2. Both parties are independent contractors in this affiliate relationship.
10.3. You understand and agree
10.3.1. You have no authority to make or accept any offers or representations on behalf of KISS WP Websites.
10.3.2. You must not make any statement, whether on your website or in any other form, that would reasonably lead customers or members of the public to believe that you have this authority.
11. Intellectual Property
11.1. KISS WP Websites may provide you with images, copy, and other design resources to facilitate your activities as an affiliate of KISS WP Websites.
11.2. You understand and agree
11.2.1. These images and copy and any other design resources remain the property of KISS WP Websites and
11.2.2. Your right to use this intellectual property is limited to the term of this Agreement and for the purposes set out in this Agreement.
11.2.3. Your right to use them is non-exclusive.
11.2.4. These images and copy and any other design resources are non-transferable and may not share them with another party for any reason.
11.2.5. These images and copy and any other design resources are provided to you royalty-free for the term of this Agreement and for the purpose set out in this Agreement only.
11.3. You acknowledge that KISS WP Websites is the sole owner of the copyright in the products/services being sold under this Agreement and that you have had no part in their creation.
11.4. You give KISS WP Websites permission to display your name, logo and photograph for promotional purposes as required and acknowledge you as an affiliate during the term of this Agreement.
12. Term and Termination
12.1. This Agreement begins when you are issued with your affiliate link/code and will end when it is terminated by either party.
12.2. Either party may terminate this Agreement at any time by giving written notice to the other for any reason. Disclosure of reason is appreciated but not necessary.
12.3. On termination of this Agreement, all licenses to use KISS WP Websites intellectual property and branding immediately cease.
12.4. You must remove any element of KISS WP Websites branding from your website/social media or anywhere else that it is displayed within 7 days of termination.
12.5. A final commission payment (if applicable) will be made on the next commission cycle following notification of termination.
13. Limitation of Liability
13.1. KISS WP Websites is not liable for any damage or financial loss of any kind arising in connection with this Agreement or your role as an Affiliate Member, even if KISS WP Websites had the knowledge or should reasonably have suspected that this damage or loss may occur.
13.2. In any event, KISS WP Websites's entire Liability arising in respect of this Agreement or affiliate relationship will not exceed the total commission paid or payable to you under this agreement.
13.3. Your Liability towards KISS WP Websites is subject to the same limitations.
13.4. In undertaking your role as an Affiliate Member, you understand and agree:
13.4.1. There is no guarantee that you will earn any income from this relationship.
13.4.2. KISS WP Websites has no control over or responsibility for WordPress, WooCommerce or the YITH Affiliates plugin used to manage the Affiliate Program.
13.4.3. KISS WP Websites cannot guarantee that the operation of the website or the affiliate links provided to you will be uninterrupted or error-free.
13.4.4. If there is a failure of service through KISS WP Websites website, every effort will be made to correct or mitigate the issues arising; however, KISS WP Websites cannot be held responsible for any consequences that result from interruptions or errors in the service of these third parties.
14. Dispute Resolution
14.1. The services of KISS WP Websites are in South Australia, Australia, and this Agreement is subject to the governing law of South Australia, Australia.
14.2. If you have any issue or complaint arising out of this Affiliate Agreement, all parties agree to make a genuine effort to resolve any issues through discussion and negotiation.
14.3. If we cannot resolve a dispute by negotiation and discussion within 14 days, we agree to proceed to mediation with the assistance of an accredited mediator, and we agree to share the costs of mediation equally.
14.4. If we cannot agree on a mediator, we will request a mediator appointed by the Law Society of South Australia.
14.5. Litigation is considered a last resort and may not be commenced until, in the opinion of the appointed and accredited Mediator, the potential for negotiation and mediation has been exhausted.
14.6. Both Parties agree that any dispute or issues will be confidential between the Parties and the Mediator. Both Parties will refrain from discussing any dispute or related issues or disrespectfully referring to each other on social media or public forums. This is to protect both parties' professional reputations and relationships.
15. Other Matters
15.1. If any part of this Agreement cannot be enforced for any reason, that part of the agreement is severed and will not affect the rest of the agreement.
15.2. This Agreement represents the whole agreement between you and KISS WP Websites and replaces any earlier agreements, undertakings, or conversations.
16.1 This document represents the whole agreement between you and KISS WP Websites and replaces any earlier affiliate agreements, undertakings or conversations.
16.2 If you proceed with your application to become an affiliate, you will be considered to have read and accepted these terms and conditions for the KISS WP Websites affiliate agreement, and agree to be bound by them for the duration of the agreement.
Modification of Agreement
16.3. KISS WP Websites may modify this Agreement or any of its terms at any time and will notify you of any such modifications by providing you with a new copy.
16.4. If you do not agree with any of the modifications, you are invited to discuss your concerns or terminate the affiliate relationship in accordance with the terms of this Agreement if you feel your concerns have not been resolved to your satisfaction.
16.5. Failure to provide written notice of termination in accordance with this Agreement resulting in your continued participation as an Affiliate Member of KISS WP Websites Affiliate Program will be considered evidence of your acceptance of the modified terms.