This Affiliate Agreement is made between The Katrina Ruth Show (KRS) and you as an Affiliate Partner (AP) and commences on our acceptance of your application to be a KRS Affiliate Partner.

You agree to be legally bound by the terms and conditions set out in this Agreement. And you will be asked to confirm that you have read and understood these terms and conditions.

Please carefully read the terms and conditions of this Agreement before applying, conduct your own inquiries and make your own assessment if you wish to proceed.

 

1. Overview

1.1 This Agreement contains all of the terms and conditions that will apply between us and which will bind you as an Affiliate Partner in the Katrina Ruth Show Affiliate Program (KRSAP).

1.2 The purpose of this Agreement is to allow a tracking link between your web site and/or social media platforms and the KRS web site for you to promote KRS Affiliate Programs and KRS Products that support those Programs as an appointed AP.

1.3 KRS will give you access to the KRSAP and associated KRS Products that will be released by KRS from time to time for you to offer your contacts and network.

1.4 A reference throughout this Agreement to “we,” “us,” and “our” refers to KRS and “you,” “your,” and “yours” refers to you as the Affiliate Partner (AP).

2. Affiliate’s Obligations

2.1 To apply to become an AP with KRS you must complete and submit the online application at https://thekatrinaruthshow.com/affiliates.

2.2 We may accept or reject your application at our sole discretion and without having to provide reasons.

2.3 This Agreement and terms commence upon our acceptance of your application to become an AP and continues until terminated.

2.4 Approval of your status as an AP may be cancelled or suspended by us at any time immediately and without notice including removing your link to our website where:

2.4.1 you breach any of the terms of this Agreement;

2.4.2 we determine your site is unsuitable by reason of your promoting or allowing sexually explicit materials, violent content or remarks;

2.4.3 you allow, make statements or promote any discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age or make any offensive comments on your site which may cause disrepute to our reputation and affect our Brand;

2.4.4 you promote any illegal activities.

2.4.5 you incorporate any material on your site which infringes another parties copyright, trademark or other intellectual property rights of a third party or to violate the Law.

2.4.6 you use the name “The Katrina Ruth Show” or any variation in your domain name or website or any other website to copy or lead a client to believe you are KRS or an affiliated business of KRS; and/or

2.4.7 your site contains software or enables downloads to divert commission from another AP in our program or to attempt to divert records and information of clients to whom you have sold a KRSAP or product.

2.5 As an AP, once approved by us, we will provide you with access to an Affiliate Account Manager to assist you to track codes for our new KRSAP Programs to register and record guest visits from your site to ours. You must use the AP link we provide you in The Katrina Ruth Show Affiliate Centre.

2.6 KRS may at any time, review your status as an AP, approve the use of your links and require you to change any links and otherwise comply with the KRS guidelines and policies.

2.7 You are responsible for maintenance and update of your own web site and its security. We shall be entitled to monitor your site to ensure it is up-to-date and notify you of any changes that we recommend to enhance your performance. You agree to adopt such recommendations at your own cost.

2.8 You must not infringe any other third parties copyright or Intellectual property and you must obtain permission to use any person’s copyright material, whether in writing, an image, or in any other form or medium.

2.9 You indemnify us from any claims or cause of action if any that may arise if you are found to have breached a third-party’s confidential information, intellectual property or copyright.

2.10 You shall comply with all privacy and data protection laws including any Notifiable Breaches Scheme that may apply to your business and your web site in any country in and from which you may operate and take any remedial action necessary or that we may reasonably direct.

3. Earnings Disclaimer

3.1 We will provide you with details of our products that support each KRSAP we release to you for you to promote the KRSAP on your own website platform from which you may earn commission.

3.2 There is no guarantee that you will earn any commission from your participation in any KRSAP and any commission you may earn if any will arise from your sales and securing participation by your clients in a KRSAP and from sale of Products  Any commission you may earn will be subject to variable factors such as your effort, on line following, expertise, and your financial commitment.

3.3 KRSAP is not ”a get rich quick scheme” and, as with any business, it involves risk, effort and commitment.

3.4 Any data or information we may provide (if any) to you of potential commission earnings are indicative only and should not be relied on nor considered a representation by us as to what you may actually earn.

3.5 We do not guarantee you will achieve any minimal earnings or commission from KRSAP and you should make your own enquiries and seek advice before applying.to become an AP, KRS simply gives you the right to participate as an AP to market and promote KRSAP and Products to your own network via your website.

4. The Katrina Ruth Show Rights and Obligations

4.1 We shall be entitled at all times and without prior notice to monitor your site to determine if you are following the terms and conditions of this Agreement.

4.2 We shall notify you of changes we recommend to your site and to monitor that your links to our web site are appropriate. If you do not make the changes to your site that we recommend, we may give you notice to terminate your participation as an AP with the KRSAP.

4.3 We may terminate this Agreement and your participation in KRSAP immediately and without notice to you should you commit any serious breach, fraud or abuse the KRSAP in any way or breach any of the obligations under this Agreement.

4.3 If we elect to terminate your participation as an AP we shall not be obliged to pay you commission where such commission arose from your fraudulent or reckless conduct or activities.

5. Termination

5.1 You may end this Agreement at any time without cause, by giving KRS written notice by email or Facebook messenger.

5.2 We may end your appointment as an AP for cause as set out in this agreement or for no cause by giving you notice by email or Facebook messenger.

 

5.3 On termination you shall be removed from our site and your link terminated.

5.4 We shall account to you for any commissions in your account, but we shall be entitled to set off any costs and expenses or monies owing to us by you.

5.5 You must return or destroy any confidential information that we have provided you and cease to offer or sell any KRSAP program to clients.

6. Variation

6.1 Any variation to these terms will be notified to you by email or on Facebook messenger

6.2 If you do agree with the proposed variation to the terms, policies or guidelines you may elect on notice to cease your appointment as an AP with us.

6.3 Such variations may include, but are not limited to, changes in payment processes that are reasonable and necessary.

6.4 Your continued participation in the KRSAP following our posting of any change notice will indicate your acceptance of the variations.

7. Payment

7.1 KRS engages a third-party supplier Infusionsoft by Keap to manage and administer tracking and payments received from clients that take up a KRSAP Program or purchase products that you introduce. We may elect to change service providers from time to time at our discretion.

7.2 Your entitlement to any commission (if any) shall be solely based on the tracking data recorded in your designated AP account by Keap or any substituted service provider.7.3 KRS shall not be liable to you for any claim for loss of profit or consequential loss or damage if any that may arise from software or other technical difficulties or delays beyond KRS direct control arising from the use of the AP’s tracking links.

7.3 Any commission entitlements to an AP shall be paid by KRS at the expiration of 45 days after the KRSAP has been notified by KRS to the AP as being closed.

7.4 Any commission earnt by an AP shall be offset from the AP’s running account balance  or future commission entitlements where there has been a refund paid to an AP client arising from a client seeking to withdraw from a KRS program.

7.5 If a refund, chargeback or cancellation is processed to your client after sale of a KRSAP or products whether the refund, chargeback or cancellation has been agreed to or authorized by you KRS, PAYPAL or any other payment platform service KRS will be entitled to set off any commission paid on that transaction from your current account AP balance, or to set  it off from any future commission entitlements you may earn.

 

7.6 KRS shall provide the AP a report and statement of all such transactions and payments.

7.7 If your AP account balance is in the negative due to a refund or cancellation, you will be required to pay that balance as a debt due to KRS within 7 days of a request by KRS to do so. Failing payment your access to the Affiliate Centre and the KRS Member’s Dashboard may be suspended until payment has been made in full.

7.8 You must earn a minimum of $100 USD in commission on sales of the KRSAP or KRS product’ before becoming eligible for payment of commission from KRS. Any unpaid commission entitlement less than $100 USD will be carried forward for a period of 12 months, after which the payment will lapse.

7.9 No commission will be payable to you on sales made by you outside of the KRSAP Promotional Period. KRS will notify you of the proposed promotional period for the Program and further advise once the promotional period has or will end KRS may extend any Promotional Period and you acknowledge that some of the KRSAP Programs offered may be available for a limited and short period of time only.

7.10 All Payments by KRS to you will be made to your nominated PAYPAL account.

7.11 Where a payment plan is agreed to with a client, KRS shall only be liable to pay you commission pro-rated to the payment terms agreed upon for example, monthly but not extending beyond 6 months

7.12 If your client defaults under their payment plan with you then any entitlement to commission payable by us to you shall cease or be suspended until the payment is made by your client

7.13 For the avoidance of doubt the intention here is to withhold payment of commissions to you where the client defaults or is late in their payments to you.

7.14 If you have an outstanding account with KRS relating to a KRSAP or Product purchase any commission entitlement that you may have will firstly be used to pay any monies due and payable by you to us.

7.15 You will not be entitled  to any commission on purchases you may make as an AP using your own Affiliate link

8. Access to Affiliate Account Interface

8.1 You will create a password to enter Infusionsoft’s Affiliate Partner’s Center from which you will be able to access and view your reports and commission entitlements.

9. Promotion Restrictions

9.1 You may, whilst an AP with KRS, promote your own web sites and or social media platforms.

9.2 Any promotions and or marketing or advertising that mentions KRS must be firstly approved in writing by KRS where such a promotion may be viewed as a joint promotion.

9.3 You undertake to ensure your marketing promotion and advertising will comply with all Australian and local Consumer Laws including any laws that prohibit unsolicited commercial emails (UCE), postings to non-commercial newsgroups or cross-posting to multiple newsgroups at once.

9.4 You shall not advertise in any way that conceals or misrepresents your identity, your domain name, or your return email address.

9.5 You may use mailings to customers to promote KRS, where the recipient is an existing customer or subscriber of your services or your web site, and recipients have the option to remove themselves from future mailings.

9.6 You may post to newsgroups to promote KRS where the news group invites commercial messages.

9.7 At all times, you must clearly represent yourself and your web site as independent of KRS.

9.8 If you engage in any Spamming KRS shall be entitled to immediately terminate your participation as an AP in KRSAP.

9.9 As an AP of KRS, you are required to comply with all Privacy Act and where applicable General Data Protection Laws (GDPR)and you are not permitted to promote our programs to any leads who have not provided you with their express consent to receive marketing material.

9.10 You must not seek to use or register keywords or exclusively bid in your Pay-Per-Click (PPC) campaigns for keywords such as “The Katrina Ruth Show”, “Katrina Ruth Companies”, ”Katrina Ruth”, “Kat Loterzo”, “Katrina Loterzo” or any similar or derivative names separately or in combination with other keywords to seek to direct traffic from such campaigns to your own website without directing it to our KRS website

9.11 You shall place all orders via your website to KRS on behalf of your clients who have a real interest in KRS Programs, Products and services.

9.12 You shall not transmit “interstitials”, “Parasiteware™”, “Parasitic Marketing”, “Shopping Assistance Application”, “Toolbar Installations and/or Add-ons”, “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to clients who click on a qualifying link until such time as the client has fully exited KRS’s site. That is, no page from the KRS site or any KRS content or branding must be visible on the end-user’s screen). “Parasiteware™” and “Parasitic Marketing” shall mean and include  an application that:

9.12.1 via accidental or intentionally causes the overwriting of affiliate and non-affiliate commission tracking cookies through any other means than a client initiated click on a qualifying link on a web page or email;

9.12.2 intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines);

9.12.3 set commission tracking cookies through loading of KRS’s site in IFrames, hidden links and automatic pop ups that open KRS’s site;

9.12.4 targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; and

9.12.5 removes, replaces or blocks the visibility of affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.

9.13 You must not make un-substantiated representations or income claims to clients from their involvement in or association with the KRS programs. Any representations as to potential income you make must be based on actual historical data. and if an income representation is made you must be clearly state that the income is indicative only and should not be relied on by the client as a statement of expected income.

10. Grant of Licences

10.1 We grant you a non-exclusive, non-transferable, revocable right to:

10.1.1 access our site through HTML links solely in accordance with the terms of this Agreement; and

10.1.2 solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials“) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials whilst you are an approved AP of KRSAP. You agree that ownership of all the Licensed Materials at all times remains with KRS.

10.2 Each party agrees not to use the other’s proprietary information or materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light.

10.3 Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective intellectual property and confidential information

11. Disclaimer

11.1 KRS makes no express or implied representations or warranties regarding the KRSAP Products or services. Any implied warranties as to the Program, Products and services are fit for a particular purpose, and non-infringement are expressly disclaimed and excluded other than those warranties as required by Law and which may not be excluded.

11.2 KRS makes no representation that the operation of our site may not be interrupted or error free and will not be liable for the consequences of any interruptions or errors nor liable for any consequential loss or loss of income or profit that you may suffer or incur from such events.

12. Representations and Warranties

12.1 You represent and warrant to KRS that:

12.1.1 You have read and accept the terms and conditions as set out in this Agreement and to be bound by the terms understanding it is a legally binding agreement

12.1.2 You have the right, power, and authority to enter into and be bound by the terms and conditions of this Agreement.

13. Limitations of Liability

13.1 We will not be liable to you with respect to any subject matter of this Agreement under any contract, negligence, tort, strict liability or other legal or equitable theory for any indirect, incidental, consequential, special or exemplary damages (including, without limitation, loss of revenue or goodwill or anticipated profits or lost business), even if we have been advised of the possibility of such damages. further, notwithstanding anything to the contrary contained in this agreement, in no event shall the KRS’s cumulative liability to you arising out of or related to this agreement, whether based in contract, negligence, strict liability, tort or other legal or equitable theory, exceed the total commission fees paid to you under this agreement.

14. Indemnification

14.1 You hereby agree to indemnify and hold harmless KRS, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses“) insofar as such Losses (or actions in respect thereof) arise out of or are based on:

14.1.1 any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, licence, intellectual property, or other proprietary right of any third party;

14.1.2 any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you or

14.1.3 any claim related to your website, including, without limitation any content therein not attributable to us.

15. Confidentiality

15.1 All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

16. Miscellaneous

16.1 You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and KRS.

16.2 You have no authority to make or accept any offers or to make any representations on our behalf.

16.3 You will not make any statements on your website or any other of site or in any other medium or in any media that may be misleading.

16.4 We may assign our rights under this agreement to any third party without your approval, but we will notify you if we do so. You may not assign or transfer the rights granted to you under this agreement to a third party without notifying us in writing and seeking our consent which will not be unreasonably withheld

16.5 This Agreement shall be governed by and interpreted in accordance with Australian Law   and any dispute arising under this agreement shall be firstly resolved by direct discussion failing which the parties agree to submit to the Courts and Jurisdiction of Australia to resolve the  dispute .

16.6 No provision of this Agreement may be varied or waived unless in writing and signed by both parties.

16.7 This Agreement represents the entire agreement between  the parties  and supersedes all prior agreements and communications of the parties, oral or written.

16.8 The headings and titles contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

16.9 If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.

Affiliate Partner Program Contact Email: [email protected]

*this page was last updated on 29 March 2019