Affiliate Program Terms & Conditions
1. Cash Doctors Affiliate Program Terms and Conditions
(1) This Agreement, made and entered by and between ICR Finance Pty Ltd, trading as "Cash Doctors", ("Cash Doctors" or "we"), and the affiliate ("Affiliate" or "you"), contains the complete terms and conditions that apply to your participation in the Cash Doctors affiliate program (the "Affiliate Program").
(2) Cash Doctors is the provider of payday loans.
(3) An Affiliate is a person or an entity that has registered with the Cash Doctors Affiliate Program.
(4) By this agreement, the Affiliate is granted a non-exclusive, revocable right to market and advertise the Cash Doctors products.
2. Participation in the program
(1) To enrol in the Cash Doctors Affiliate program, the Affiliate must fill out the registration form with current, complete, and accurate information. It is the responsibility of the Affiliate to update this information if any information changes or is incorrect and the Affiliate should edit details in the affiliate login area accessible by using the username and password.
(2) Providing false information in the registration form will result in immediate termination from the program and will forfeit all outstanding Affiliate sales commissions (as set out in Clause 7, hereinafter "Affiliate Sales Commissions").
(3) Cash Doctors reserves, at its sole discretion, the right to refuse participation in the Affiliate Program to anyone and at any time and for any reason. We also reserve the right to refuse Affiliates from certain countries that have a track record of originating credit card fraud.
(4) Upon registration, the Affiliate must accept the terms stated herein.
(5) Affiliate is not permitted to register to the Cash Doctors Affiliate Program more than once, and any attempt to artificially inflate Affiliate Sales Commissions will result in immediate termination of this agreement and will forfeit all outstanding Affiliate Sales Commissions.
(6) The term "Affiliate" does not imply any formal association with Cash Doctors. Nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative or employee relationship between the parties. You are not an agent of Cash Doctors and Cash Doctors expressly disclaims responsibility for any conduct by you in violations of this Agreement.
(7) The term of this Agreement will begin upon Cash Doctors acceptance of your application in the Program and will end when terminated by either party for any reason by giving notice of termination to the other party, or otherwise terminated in accordance with the termination provisions of this Agreement.
3. Cash Doctors agrees:
(a) To pay Affiliate Sales Commissions on sales of Cash Doctors payday loans referred directly by the Affiliate.
(b) At its sole discretion and choice to grant the Affiliate access to marketing materials containing Cash Doctors products descriptions, logos, and/ or other promotion materials (so called "marketing materials'). It does not imply any obligation to deliver such materials to the Affiliate.
4. Affiliate agrees:
(a) To receive commercial information about the Affiliate program and Cash Doctors products and services;
(b) That use of the service is at the Affiliate's sole risk;
(c) That trademarks and other materials, in particular, but not limited to, the marketing materials, are the property of Cash Doctors and may be used by the Affiliates for promotion of Cash Doctors products and services in relation to the Affiliate program only; and
(d) To be responsible for all taxes and other similar levies applicable to the Affiliate Sales Commissions pursuant to any law or regulation. The Affiliate shall report Affiliate Sales Commissions to their tax authorities as required by applicable law.
5. Obligations of the Affiliate
(1) The Affiliate shall market and advertise the Affiliate Program and/or Cash Doctors products diligently and in goodwill, and shall develop, operate and maintain their website and referral links, at their sole cost, expense, and risk.
(2) The Affiliate shall be solely responsible for all materials that appear on the Affiliate's site. You must strictly adhere to all applicable laws and regulations in conducting your business, and more specifically in marketing and advertising the Cash Doctors payday loans in accordance with any applicable trade mark or trade practices laws, privacy laws, and with the National Consumer Credit Protection Act 2009 and associated regulations (the "NCCP" legislation). Note that these trademarks and other materials provided by Cash Doctors are the subject to copyrights of Cash Doctors. You are authorized to use these materials only for promoting Cash Doctors products and Cash Doctors Affiliate Program. If you need to use these trademarks and/ or other materials otherwise than advised, you should obtain prior a written permission from Cash Doctors.
(3) The Affiliate represents and warrants to Cash Doctors that this Agreement has been duly and validly executed with full legal capacity and authority and constitutes a legal obligation, enforceable with the terms of this Agreement.
(4) The Affiliate shall acknowledge, clearly identify and respect that all proprietary information, trademarks, copyrights and all other similar rights in and arising out of the Cash Doctors products are, and shall continue to be, the exclusive property of Cash Doctors.
(5) Cash Doctors shall have the right to approve or decline the graphics, logos, banners and other materials used by the Affiliate in relation to promoting Cash Doctors products and Cash Doctors Affiliate Program. The Affiliate agrees to conform to the directions made by Cash Doctors in so far as they relate to the promotion of Cash Doctors products.
(6) Notwithstanding anything in this Agreement to the contrary, Cash Doctors maintains all title and proprietary rights in the term "Cash Doctors". The Affiliate is prohibited from using the term in any form without the prior written consent of Cash Doctors. For the avoidance of any doubt, this prohibition extends to the Affiliate purchasing the term as keywords in a sponsored search from any internet search engine.
6. Referral links/Cookies
(1) Upon registration, Cash Doctors assigns the Affiliate referral links which redirect the visitor to the Cash Doctors website.
(2) The referral links contain a unique affiliate login assigned to the Affiliate. This information is saved on the computer of the visitor, who enters the Cash Doctors website through the referral link, in the form of a cookie.
(3) The Affiliate Sales Commissions are tracked through the use of cookies. In some cases it will not be possible to track traffic from the Affiliate's site to the Cash Doctors website, because the visitor is using cookie-blocking software. Cash Doctors is only responsible for paying commissions on sales that can be traced back to the Affiliate using the technology in use by Cash Doctors.
(4) Furthermore, Cash Doctors uses a "first Affiliate owns the visitor" system, under which a particular Internet user is assigned to the first Affiliate whose referral link he or she clicked on to visit a Cash Doctors website. For instance: if someone clicks through Affiliate A's referral link to enter the Cash Doctors website, but does not make the purchase and next time enters the same website through affiliate B's referral link, and makes a purchase, it will be assigned to Affiliate A, and the commission will be paid to Affiliate A.
7. Affiliate Sales Commissions
(1) Cash Doctors pays the Affiliate a sales commission for each sale to new member referred by the Affiliate. It means that the Affiliate will receive the sales commission if only the member was referred through the referral link and the member's software allowed Cash Doctors to save a referral cookie.
(2) Commissions are calculated based on $60 per sale to new members, unless agreed otherwise in writing.
(3) A new member is defined as a visitor who takes out a loan and has not previously had a credit facility with Cash Doctors.
(4) The commissions are calculated on the last day of each month following the sales commission pointed on the Affiliate's panel. The Affiliate is entitled and has a right to check the sales commissions due on their Affiliates panel.
(5) Cash Doctors shall issue the affiliate payment via PayPal or direct transfer into a specified account, unless other provisions are made. Based on internal risk analysis, Cash Doctors reserves the right to withhold first time payments, and any other payments originating from an account where there is suspected fraud activity, for a period of up to 3 months.
(6) Cash Doctors reserves the right to change the rate of commission and product prices at any time. Any Affiliate Sales Commissions accrued after such a change will be at the new rate.
8. Disclosure of Commissions
In the view of the Australian Securities and Investment Commission, the regulator for consumer credit, the services provided in this Agreement amount to certain credit activity under the NCCP legislation. To avoid the application of the NCCP legislation and the requirement to become licensed, ASIC has advised that you seek exemption as a mere "referrer" under NCCP Regulation 25(2A). This exemption requires that you disclose any benefits including commission gained from your service. As at the date of this Agreement, there is no prescribed disclosure wording. We suggest that to comply, you have the following wording placed on your website, preferably in your websites own terms and conditions of use:
"Commissions:
The customer acknowledges that [name of website] will earn a commission from credit providers, including ICR Finance Pty Ltd, trading as Cash Doctors, to whom an application for credit is made and may processed on your behalf."
As the NCCP legislation prohibits Cash Doctors from dealing with unlicensed entities, compliance with this clause is an essential term of this Agreement and will amount to a breach with consequences of termination should the Affiliate fail to comply,
9. Refunds/Fraud
(1) Any member refunds owed by Cash Doctors to the referred client will result in the appropriate commission (hereinafter referred to as "deducted commission") amount being deducted from the Affiliate's account balance. If the commission from that sale has already been paid to the Affiliate, the amount will be deducted from the next monthly payment. If the commission owed to the Affiliate in the next month will not be sufficient to satisfy the deducted commission, the Affiliate will be invoiced for immediate payment. Cash Doctors reserves itself the right to terminate, at its sole discretion, the Agreement immediately in the event of not receiving the remaining debt instantly after the invoice.
(2) Any fraudulent activity that can be traced directly to an Affiliate's actions will cause immediate termination, forfeiture of any commissions earned, and legal prosecution if possible. Cash Doctors reserves the right to decline sales from any country should it have any reason to believe the order may be fraudulent.
10. Confidential Information
(1) Cash Doctors may disclose to you certain information as a result of your participation in the Affiliate Program, which information we consider to be confidential (herein referred to as "Confidential Information"). For purpose of this Agreement, the term "Confidential Information" shall include, but not be limited to:
(a) any modifications to the terms and provisions of this Agreement made specifically for your site and not generally available to other members of the Affiliate Program;
(b) website, business, and financial information relating to Cash Doctors, and
(c) any information that we designate as confidential during the term of this Agreement.
You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process.
(2) Should any law enforcement agency, internet service provider or other person or entity provide Cash Doctors with notice that you have engaged in transmission of unsolicited e-mails or have otherwise engaged in unlawful conduct, or conduct in violation of said service providers terms of service, or breached any laws, Cash Doctors reserves the right to cooperate in any investigation relating to your activities including disclosure of your account or corporate information in connection therewith, and that any disclosure required pursuant to any such investigation shall not amount to a breach of confidentiality on the part of Cash Doctors.
11. Assignment
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns.
12. Disclaimer of warranties, limitation of liabilities
(1) In no event shall Cash Doctors be liable for special, indirect, consequential or punitive damages, including, without limitation, any damages resulting from loss of profits, loss of business or loss of goodwill arising out of or in connection with this agreement or any of the products, whether or not we have been advised of the possibility of such damages. Cash Doctors shall not be liable for any damages if, for any reason whatsoever, its website fails or is non-operational. Cash Doctors aggregate liability arising with respect to this Agreement will not exceed the total commissions paid or payable to you under this Agreement.
(2) You hereby agree to indemnify, defend and hold harmless Cash Doctors, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including solicitors` fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "losses"), arising out of any negligent or fraudulent act or omission, breach of any term of this Agreement, or breach of law on your part.
(3) Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
(4) Should the fulfilment of any obligation of Cash Doctors arising out of this Agreement, whether Cash Doctors or its Employees, or its independent sub-contractor, be prevented or hindered directly or indirectly by fire, the elements or civil commotion, strikes or lock-outs, shortage of labour, breakdown or partial failure of machinery, short, temporarily and accidental suspension of providing the services in relation to this Agreement or Cash Doctors websites and Cash Doctors products, or delay on the part of any independent sub-contractor or supplier as a result of circumstances which neither Cash Doctors nor the Affiliate could foresee or suspect, or acts, orders or regulations of the Government, or any other cause whatsoever beyond the reasonable control of Cash Doctors, then the time for fulfilment of any obligations of Cash Doctors arising out of this Agreement shall be extended for a reasonable period having regard to the effect of the delaying cause.
(5) Cash Doctors will not be responsible if a referred purchase goes unregistered for any reason.
(6) Cash Doctors will not be responsible for any intermediary charges, transaction fees and other costs or expenses accrued by the Affiliate.
(7) Any correspondence relating to the non-receipt of payment, loss of a commission payment must be initiated by an Affiliate within a reasonable time to arrange alternative payment method.
(8) Cash Doctors make no express or implied warranties or representations with respect to the Affiliate Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
13. Termination of the contract
(1) Cash Doctors reserves the right to refuse or restrict access to the Cash Doctors Affiliate Program to anyone at any time and for any reason.
(2) Cash Doctors reserves the right to terminate the contract with the Affiliate immediately and without notice and forfeit all affiliate commissions if the Affiliate is involved with any of the following:
(a) Promoting Cash Doctors products in any relation with information or for any purpose which is scandalous, obscene, defamatory or immoral, or uses the Cash Doctors products in relation or for any other purpose which is prohibited by law;
(b) Sending SPAM, unsolicited email or engage in any other communication to a recipient if the recipient has requested that it discontinue such communication;
(c) Misrepresents Cash Doctors, and/or any, some or all of Cash Doctors products in any way;
(d) uses or permits or accepts the use of any name, trademark, or service mark, that belongs to Cash Doctors, or any promotional material or content provided by Cash Doctors, in a manner that would lead a reasonable person to believe that the name or trademark or service mark or content is a property of the Affiliate;
(e) breaches or infringes any laws applicable to this Agreement; or
(f) breaches any provision of this Agreement which specifies it has the consequences of termination.
14. Final provisions
(1) Cash Doctors reserves the right to modify, add or delete any documents, information, graphics or other content appearing on Cash Doctors websites, including the marketing materials on the Affiliates panel, at any time without prior notice to the Affiliate.
(2) This agreement shall be interpreted and construed according to, and governed by, the laws of Australia, excluding any such laws that might direct the application of the laws of another jurisdiction. The law of the Australia shall be the jurisdiction, and the venue for any action arising under this Agreement will be the state and federal courts of Queensland.
(3) Cash Doctors may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail to your email address on our records, or the posting on our site of a change notice of a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in commission fees, payment procedures, and Affiliate Program rules. All such modifications shall take effect immediately after we serve notice as provided in this clause, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program, following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change.
(4) BY SIGNING UP TO THE CASH DOCTORS AFFILIATE PROGRAM YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE PROGRAM TERMS AND CONDITIONS AND THAT YOU AGREE TO BE BOUND BY THE TERMS HEREOF.
