Affiliate Agreement

This Affiliate Agreement (the “Agreement”) is entered into upon Affiliate application approval by EMR Australia PL, PO Box 4721 Sylvania Waters NSW 2224

By and Between

EMR Australia PL, a company (hereinafter referred to as the “Company”) incorporated and existing under the laws of Australia, having its registered office situated at PO Box 4721 Sylvania Waters NSW 2224

And

You (hereinafter referred to as the “Affiliate”), collectively called the "Parties."  

WHEREAS, the Company wishes to collaborate with the Affiliate for the services elaborated in Exhibit A, under the terms of this Agreement.

The Parties agree as follows:

  1. By participating or continuing to participate in our affiliate program you are agreeing to be bound by this Agreement until/unless the parties decide otherwise according to the termination conditions contained in clause 21 of this Agreement.

  2. The Parties acknowledge that this Agreement is not a franchise agreement.

  3. Subject to the terms and conditions of this Agreement, the Company grants access to the Affiliate to use its designated marketing materials available on the affiliate dashboard for the furtherance of its business.

  4. The Company reserves the right to amend this Agreement.

  5. The Affiliate shall protect the trademark, copyright, tradenames, and trade secrets that might be revealed to it for the purposes of this Agreement. Should the Affiliate find any infringement, it is responsible to report such infringement promptly to the Company to protect such rights.

  6. The Affiliate agrees to not alter in any manner the copyrights, trademarks, or any other intellectual property of the Company.

  7. The Affiliate shall bear the burden to carry out all duties agreed by it under this Agreement.

  8. The Affiliate shall keep a record of its activities and furnish such records upon request by the Company.

  9. The Company agrees to not interfere in the way the Affiliate carries out its business activities, provided that;

    1. the Affiliate shall not make any false representation

    2. the conduct of the Affiliate shall promote the goodwill of the Company

    3. the Affiliate avoids deceptive business practices

    4. its activities are consistent with this Agreement.

  1. The Company shall provide assistance to the Affiliate to the extent of providing resources on the affiliate dashboard on the company’s website.

  2. Unless otherwise provided in this Agreement, the Company shall not require the Affiliate to work in any specific setup or prohibit it from working with any specific person.

  3. The payment for the services of the Affiliate shall be made according to the agreed rates and terms.

  4. The Affiliate shall provide the Company with its bank details for payment of commissions by direct deposit.

  5. The Affiliate is eligible for commissions for sales made on specified products, as agreed. Commissions are calculated after deducting discounts, shipping and taxes from the order. 

  6. Payment of commissions earned shall be withheld until a one-month refund period has passed.

  7. The Affiliate is eligible for commissions on sales made up to 30 days after someone clicks on an affiliate link.

  8. The Company shall pay the Affiliate commissions monthly for all balances over $40. All payments shall be made in AUD.

  9. The Affiliate shall be eligible to receive a discount on agreed products after earning $500 in commission.

  10. The Affiliate shall be able to track commissions via the affiliate dashboard on the Company’s website.

  11. The relationship between the Company and the Affiliate shall not be deemed as an employee or agent other than for the specific purpose of this Agreement. Neither party will incur any type of debt in the other party's name.

  12. The Agreement can be terminated by either party at any time given by giving thirty-days’ written notice to the other party.

  13. The Company may reject an Affiliate’s application or terminate its Agreement at its sole discretion including if it determines that the Affiliate’s site is unsuitable or that the Affiliate has engaged in fraudulent activity.

  14. Any dispute related to any term and condition of this Agreement should be tried under the laws of Australia.