Last updated 14/05/2023
This Affiliate Agreement (the “Agreement”) is for individuals and companies who are affiliates for Madame Menopause.
By and Between
Madame Menopause a trading name (hereinafter referred to as the “Company” existing under the laws of Australia, having its registered office situated at 3 Pacific Boulevard, Moore Park Beach. Queensland. Australia. 4670
THE INDIVIDUAL or COMPANY who has agreed to these terms and conditions (hereinafter referred to as the “Affiliate”) existing under the laws of AUSTRALIA, 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. The Agreement will take force on the date of execution by the Company and acceptance by the Affiliate and shall renew at the end of the current calendar year and every year after that unless the parties decide otherwise according to the termination clause of this Agreement contained in clause 17 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 property for the furtherance of its business.
4. The Company has trade interests with third parties and reserves the right to amend this Agreement if so, required by such third parties.
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 reports upon request by the Company.
9. The Company agrees to not interfere in the way the Affiliate carries out its business activities, provided that;
I The Affiliate shall not make any false representation
II The conduct of the Affiliate shall promote the goodwill of the Company
III The Affiliate avoids deceptive business practices
IV Its activities are consistent with this Agreement
10. The Company agrees to assist the Affiliate provided the Affiliate is not in default status.
11. Unless otherwise provided in this Agreement, the Company shall not require the Affiliate to work in any specific setup.
12. The Affiliate is prohibited from working with direct opposition to the Company. If the Affiliate is in doubt, they must request approval in writing.
13. The Affiliate is prohibited from becoming an affiliate with any of the business or affiliate partners of the Company. If unsure, the Affiliate must request approval in writing.
14. The payment for the services of the Affiliate shall be made within 60 days
15. The agreed payment is 20% of the amount paid by the individual or company purchasing the agreement using the Affiliate’s link.
16. Payment will not be made if the individual or business who purchased the Madame Menopause programme using the Affiliate’s link, is refunded within 30 days of their purchase.
17. All the payments shall be made in Australian Dollars
18. All Affiliates are responsible for their own tax implications within their country.
19. 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.
20. The Agreement will come to an end at the Agreement's expiration or at any time given that a thirty-day written notice shall be given to the other party.
21. Either party may opt out of this Agreement on the occurrence of;
I Breach of any term of this Agreement
II Bankruptcy or insolvency instituted by or against a party
III Misrepresentation made by any party
IV In case of acting upon conflicting interests
22. Any dispute related to any term and condition of this Agreement should be tried under the laws of Australia.
The Agreement was executed on the date that the Affiliate accepts these Terms and Conditions.