By participating in the Dentaluxe Australia Affiliate Program (“Program”), you agree with the terms and policies set forth in the agreement (“Agreement”) below. Please read the entire Agreement. It is a legal agreement between you and Dentaluxe Australia. By submitting the online application, you are agreeing that you have read and understand the terms and policies of this Agreement, and that, if Dentaluxe Australia accepts your application, you agree to be legally responsible for each and every term and policy.
Your participation in the Program is solely for the purpose of legally advertising Dentaluxe Australia to receive a commission on products purchased by your referrals.
This Agreement begins when Dentaluxe Australia accepts you into the Program and will end when your participation is terminated.
Dentaluxe Australia may change the Program or this Agreement at any time without notice. If any change to the Program or the Agreement is unacceptable to you, your only choice is to terminate your participation. Your continuing participation in the Program will constitute your acceptance of any change.
You or Dentaluxe Australia may suspend or terminate your participation in the Program at any time for any reason. You are only eligible to earn commissions while you are participating in the Program in accordance with the terms of this Agreement.
Dentaluxe will attribute referrals to you based on a tracking code embedded in your affiliate links.
Dentaluxe uses the Commission Factory affiliate tracking system. When a referral clicks through your affiliate link, Commission Factory sets a cookie in the browser that contains your tracking code. Commission Factory also tracks other information, such as the IP address of the referral, in its database along with your tracking code. When the referral decides to buy a product at Dentaluxe, a script will look for the cookie, or try to match the IP address, or use similar technology to identify you and award the commission. Referrals from your affiliate link may make a purchase later in time and Dentaluxe will still award the commission if the cookie is still present in the browser or the IP address still matches one logged in the database.
Dentaluxe reserves the right to refuse service to any referral.
Dentaluxe will pay you a commission on products purchased by your referrals according to the designated payment schedule.
Dentaluxe uses the Commission Factory affiliate tracking system to tabulate and track sales and commission payments due to our affiliates after the tracking process and purchases are completed. Through the Commission Factory website, you will have access to information we use to determine commissions we owe you.
Dentaluxe reserves the right to increase or decrease commission rates from time to time as it sees fit.
There is no maximum commission limit.
If a referral returns a product or if the referral requests a chargeback on the purchase, you will not receive a commission. Dentaluxe returns all money to the referral, so you must also return your portion of the sale. Because of the 30-day return period for all Dentaluxe products, and because of periodic processing, Dentaluxe may hold your commission payout for a period of up to 3 months.
Dentaluxe reserves the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and policies.
Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and policies, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy.
1) You are not forthcoming, you are intentionally vague, or you are found to be lying.
2) You are not responsive within a reasonable time period and after multiple attempts to make contact using the information listed in your network profile.
3) You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.
If any of the above apply, then we reserve the absolute right to suspend you from the Program, reverse orders, modify payouts, set your commission to 0%, or immediately terminate your participation in the Program. We know that many violations are a result of automated processes; however, it is incumbent upon each affiliate to ensure that it has the appropriate checks and balances in place to address such issues proactively and to adhere to the terms and policies of this Agreement.
The tools, products, and creative assets (collectively “Assets”) that Dentaluxe provides to you include valuable information vital to the success of the Program, including a tracking code that Dentaluxe uses to attribute referrals to you.
Dentaluxe grants to you a nonexclusive, nontransferable license (“License”) to use Assets as specified under the terms and policies of this Agreement. The term of the License shall expire upon your departure from the Program or termination of this Agreement.
You will use the Assets as Dentaluxe instructs:
1) You agree that you will not corrupt, modify, or disable the tracking functionality in the Assets.
2) You will not alter, add to, subtract from, or otherwise modify the Assets as Dentaluxe provides them unless you obtain prior written consent from Dentaluxe.
3) You may only use the Assets for the purpose of promoting Dentaluxe and its products.
4) Dentaluxe retains all rights, ownership, and interest in the Assets, and in any copyright, trademark, or other intellectual property in the Assets. Nothing in this Agreement shall be construed to grant you any rights, ownership, or interest in the Assets, or in the underlying intellectual property, other than the License to use Assets as granted in this Agreement.
5) You will not make any claim to ownership of the Assets, or of the copyright, trademark, or other intellectual property therein.
6) You will not publish or otherwise distribute any other advertising materials that reference Dentaluxe unless Dentaluxe gives prior written consent to the distribution of such materials.
Under no circumstances shall you send commercial electronic mail messages as defined in the Federal spam law, CAN-SPAM Act of 2003 (“Act”), with respect to the Dentaluxe affiliate program.
Dentaluxe reserves the right to collect, withhold, or cancel any and all compensation related to commercial electronic mail messages you send.
You may send transactional or relationship messages as defined in the Act.
Dentaluxe permits you to promote offers on Facebook, Twitter, blogs, discussion forums, and other social media following these general guidelines:
1) You ARE ALLOWED to post your affiliate links on your own social media.
2) You ARE PROHIBITED from posting your affiliate links on the social media of Dentaluxe.
You shall not purchase keywords, domain names, advertising, search terms, adwords, or any other identifiers that include the word “Dentaluxe,” the names of Dentaluxe products or services, or any variations or misspellings thereof.
This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between you and Dentaluxe. You will provide services for Dentaluxe as an independent contractor. You will have no authority to bind Dentaluxe into any agreement, nor will you be considered an agent of Dentaluxe in any respect.
Dentaluxe will not be responsible for any taxes that you owe arising out of your relationship with Dentaluxe as set forth in this Agreement. Dentaluxe will not withhold any taxes from the commissions paid to you.
You shall include a disclosure statement within any and all pages or posts where you use affiliate links in an endorsement or review, and where it is not clear that the link is a paid advertisement. This disclosure statement should be clear and concise, stating that Thrivous is compensating you for your review or endorsement.
You shall not make claims that Dentaluxe products or services are intended to diagnose, treat, cure, or prevent any disease.
Dentaluxe makes no express or implied warranties or representations with respect to the Program.
Dentaluxe makes no representation that the operation of the Program will be uninterrupted or error-free, and Dentaluxe will not be liable for the consequences of any interruptions or errors.
You represent and warrant the following:
1) You have the legal authority to enter into this Agreement and to be bound to the terms and policies set forth in this Agreement.
2) Your website does not contain any materials that are:
(a) Unlawful or solicitous of behavior that is unlawful in Australia;
(b) Unlawful or solicitous of behavior that is unlawful in the geographic area from which you operate.
3) You have obtained any necessary clearances, licenses, or other permission for any intellectual property used on your website. Nothing on your website infringes upon the intellectual property rights of any person or entity. No person or entity has brought or threatened an action claiming such infringement, nor do you have any reason to believe that any person or entity will bring or threaten such a claim in the future.
4) You do not compete with Dentaluxe. You are not an employee, agent, or partner with any person or company that competes with Dentaluxe. You may be an affiliate with or an independent contractor to persons or companies that compete with Dentaluxe.
You will indemnify and hold harmless Dentaluxe from any claim, damage, lawsuit, action, complaint, or other costs arising out of any breach of your warranties set forth above. You will also indemnify and hold harmless Dentaluxe for any damage, loss, or other cost arising out of your use or misuse of the Assets.
Any information that you are exposed to by virtue of your relationship with Dentaluxe under these terms and policies, which information is not available to the general public, shall be considered to be confidential company information. You may not disclose any confidential company information to any person or entity, except where compelled by law, unless you obtain prior written consent for such disclosure from Dentaluxe.
Dentaluxe will not be liable for any loss of profits or costs, or for any direct, indirect, special, incidental, or consequential damages, including costs associated with the procurement of substitute goods or services (whether Dentaluxe was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension, or interruption of service, termination of this Agreement, use or misuse of the Assets, or other performance of services under this Agreement.