Affiliate Program Terms & Conditions

1. Cash Doctors Affiliate Program Terms and Conditions

(1) This Agreement, made and entered by and between 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" or "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. The term "Affiliate" does not imply any formal association with Cash Doctors.

(4) By this agreement, the Affiliate is granted a non-exclusive, revocable right to market and advertise the Cash Doctors products.

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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. If there is a need to update this information, 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.

(3) Cash Doctors reserves, at its sole discretion, the right to refuse participation in the Affiliate Program to anyone and at any time. 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.

3. Cash Doctors agrees:

(a) To pay Affiliate Sales Commissions on sales of Cash Doctors payday loans referred directly by the Affiliate.

(b) To grant the Affiliate access to their Affiliate account - login and password protected area where the affiliate can look up their affiliate URLs, information about referred sales and commissions

(c) 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 his or her 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.

(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 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 his/her site. You should strictly adhere to all applicable laws and regulations in conducting your business, and more specifically in marketing and advertising the Cash Doctors payday loans. Note that these trademarks and other materials provided by Cash Doctors at the Affiliate panel 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 in the affiliate account, 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 and constitutes a legal obligation, enforceable with the terms of this Affiliate 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 suggestions made up by Cash Doctors as far as promoting Cash Doctors products is concerned.

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 clients referred by the Affiliate. It means that the Affiliate will receive the sales commission if only the client was referred through the referral link and the Customer's software allowed Cash Doctors to save a referral cookie.

(2) Commissions are calculated based on $60 per sale to new clients unless agreed otherwise in writing.

(3) A new client is defined as a visitor who takes out a loan and has not previously had a credit facility with Cash Doctors.

(4) Cash Doctors reserves the right to discount the price of the products for chosen customers. As commissions reflect a percentage, not a particular sum, it is possible that the commission on the sale of the same product may be different every month.

(5) 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.

(6) If the balance owing in the affiliate account exceeds AUD 50, 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.

(7) If on the last day of the month the balance owing in the account is less than USD 50, the commission will be accumulated in the account.

(8) 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. Refunds/Fraud

(1) Any client 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.

9. Disclaimer of warranties, limitation of liabilities

(1) In no event shall Cash Doctors be liable for special, incidental, 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 such party has 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.

(2) 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.

(3) Cash Doctors will not be responsible if a referred purchase goes unregistered for any reason.

(4) Cash Doctors will not be responsible for any intermediary charges, transaction fees and other costs or expenses accrued by the Affiliate.

(5) 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.

10. 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 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, 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 within the Affiliates Panel, 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.

11. 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.