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Terms of Use and Privacy Statement

JUJU AFFILIATE PROGRAM
TERMS AND CONDITIONS


1. What is the JuJu Affiliate Program

The JuJu Affiliate Program (the “JuJu Affiliate Program”) is the arrangement between us, Freedom Products Unit Trust, being the owner of the website www.juju.com.au (“Us or “We”) and the owners of various other websites (the “Affiliates”) in which we pay commission to the Affiliate for sales on our website generated by the Affiliate.

If you become an Affiliate, these terms and conditions form a binding contract between you and us.

2. Becoming an Affiliate

(a) To become an Affiliate, you will need to complete the application form located on our website. From here, your application will be reviewed and either approved or denied depending on your suitability for the JuJu Affiliate Program (please allow up to one week for this process). We reserve the right to deny applicants or terminate unsuitable affiliate accounts at our sole discretion. Your application may be denied, or if your application has been approved, your account terminated, if your website or content: 

(i) promotes or contains sexually explicit materials;

(ii) promotes or depicts violence of any kind;

(iii) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

(iv) promotes illegal activities;

(v) incorporates any materials which infringe or assist others to infringe any copyright, trademark or other intellectual property rights or otherwise violates the law;

(vi) includes the style "JuJu" or variations thereof (including any alternative spelling), in its domain name;

(vii) is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion; or

(viii) contains software downloads that potentially enable diversions of commission from other affiliates in our program.

(b) By applying to become an Affiliate, you agree to these terms and conditions.

(c) If your application is approved, you will be able to login to your affiliate panel dashboard within Affiliatly. Here you can find your unique affiliated link (“Affiliate Link”) along with useful banners and coupon codes where applicable. Your Referral Link may be used/shared on social sites and you may put this link into HTML format for use on websites/blogs. 

3. Earning commission

(a) While you are an Affiliate, we will pay you 10% commission on all sales completed through your Affiliate Link.  Commission is calculated as a percentage of the net receipts arising from sales made through your Affiliate Link after the deduction of GST.

(b) Payments of commission are made through PayPal and no other payment method. You must have a PayPal account to receive any commission earned as an Affiliate. 

(c) Each payment of commission will be made after you have accrued at least $100.00 (Australian Dollars) in commission in your Affiliate account. Payments are processed through PayPal on the first Thursday of each calendar month. 

(d) You can track your earnings by logging in to your Affiliate account with Affiliatly here.

(e) Cookies are active for 30 days. This means that if a visitor is referred through your Affiliate link and makes a purchase within those 30 days following, their purchase will be associated with your Affiliate link. When the 30 days pass, the visitor will no longer be associated with your Affiliate link for any purchases made.

4. Your obligations

(a) As an Affiliate, you will have access to your own affiliate panel dashboard. Here you will be able to review the details of the JuJu Affiliate Program, download HTML code (that provides for links to web pages within the JuJu.com.au website) and banner creatives (should they be available), and browse and get tracking codes for any available coupons and deals.  In order for us to accurately keep track of all guest visits from your website to ours, you must use the HTML code that we provide for each banner, text link, or other Affiliate link we provide you with.  You will not earn any commission for sales which have not been generated through your Affiliate Link, even if that sale arose as a result of any content on your website.

(b) We reserve the right, at any time, to review the placement of your Affiliate Link on your website.  We may require you to change the placement or use of your Affiliate Link in our sole discretion.

(c) The maintenance and the updating of your website is your responsibility. We may monitor your website as we feel necessary to make sure that information presented about our products is up-to-date. We may notify you of any changes that we feel should be made to enhance the performance of your website.

(d) It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your website. You must have express permission to use any person's copyrighted material, whether it be written material you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third-party rights.

(e) You must not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are JuJu.com.au or any related business.

(f) You must do all things necessary to protect our brand, goodwill and intellectual property and not allow it, for any reason within your control, to be adversely affected or fall into disrepute.

5. Miscellaneous rights and obligations

(a) We may monitor your website at any time to determine if you are observing these terms and conditions. We may notify you of any changes to your website that we feel should be made, or to make sure that your links to our website are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your website that we feel are necessary, we may terminate your participation in the JuJu Affiliate Program.

(b) We reserve the right to terminate your participation in the JuJu Affiliate Program immediately and without notice to you, for any reason. 

(c) Should you commit fraud in your participation in or use of, the JuJu Affiliate Program or should you abuse the JuJu Affiliate Program in any way, we are not liable to pay you any commission.

6. Termination

(a) Either you or we may end your participation in the JuJu Affiliate Program AT ANY TIME, with or without cause, by giving written notice to that effect to the other party by e-mail. In addition, your participation in the JuJu Affiliate Program will terminate immediately upon any breach by you of these terms and conditions. 

(b) Your participation in the JuJu Affiliate Program will be terminated automatically if your account is inactive for 6 months.

(c) Upon termination, you will automatically cease to earn commission and we will have no further obligation to pay you any commission.  We will not be required to pay you any unpaid commissions accrued as at the date of termination if your participation in the JuJu Affiliate Program is terminated as a result of a breach by you of these terms and conditions.

(d) All of your obligations set out in these terms and conditions with respect to our intellectual property survive termination of your participation in the JuJu Affiliate Program.

7. Modification of terms and conditions

We may modify any of these terms and conditions at any time at our sole discretion.  In such event, you will be notified by email. Modifications may include but are not limited to, changes in the payment procedures, commission rates and JuJu Affiliate Program rules. If any modification is unacceptable to you, your only option is to end your participation in the JuJu Affiliate Program. Your continued participation in the JuJu Affiliate Program following any modification of these terms and conditions constitutes an agreement by you to such modification.

8. Promotions and advertising

(a) You are free to promote or advertise your own websites subject to these terms and conditions.   

(b) Certain forms of advertising are prohibited by us. You must not promote or advertise by utilising "spamming" techniques.  Other prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. 

(c) You must not advertise in any way that conceals or misrepresents your identity, your domain name, or your return email address. 

(d) You may only use your mailing list to promote JuJu provided that all recipients are already customers or subscribers of your services or website, and the recipients have the option to remove themselves from future mailings. 

(e) You may post to newsgroups to promote JuJu so long as the news group’s policy allows commercial messages. 

(f) You must at all times clearly represent yourself and your websites as independent from JuJu.com.au.  If any promotion of yours mentions JuJu, that promotion must be designed in such a way that it cannot be perceived by the public or the press as a joint effort between you and us. 

(g) If you bid in Pay-Per-Click campaigns on keywords such as juju.com.au, JuJu, www.juju, www.juju.com.au, and/or any misspellings or variations of these, whether separately or in combination with other keywords, you must direct the traffic arising from such campaigns to your own website prior to re-directing it to ours.  If you fail to do so, you will be considered to have violated our intellectual property and your participation in the JuJu Affiliate Program will be terminated.

(h) You may not use of spamdexing or unethical black hat SEO tactics, including, but not limited to the use of; unrelated keywords, keyword stuffing, hidden text or links or small illegible text links, cloaking, doorway or gateway pages, bait and switch or page swapping, URL hijacking (typosquatting), domain squatting, link farms and paid links, article spinning, duplicating others content, cooking stuffing or dropping and spam in the way of;  blog spam (splogs), blog comment spam, pingback spam, referrer spam and social networking spam. These practices can damage reputation and result in search engine bans and ranking penalties

(i) You must not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited the JuJu website (i.e., no page from our website or any juju.com.au’s content or branding is visible on the end-user’s screen). 

(j) The terms “Parasiteware™” and “Parasitic Marketing” in the condition 8(h) above means an application that: 

(i) through accidental or direct intent causes the overwriting of affiliate and non-affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email;

(ii) 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);

(iii) sets commission tracking cookies through loading of the JuJu website in IFrames, hidden links and automatic pop ups that open the JuJu.com.au site;

(iv) targets text on websites, other than those websites 100% owned by the application owner, for the purpose of contextual marketing; or

(v) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on websites 100% owned by the owner of the application.

9. Grant of License to use our Intellectual Property

(a) As an Affiliate, we grant you a non-exclusive, non-transferable, revocable right to:

(i) access our website through HTML links solely in accordance with these terms and conditions; and 

(ii) 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 authorise for such purpose. 

(b) You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of the JuJu Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of JuJu and the goodwill associated with the Licensed Materials will inure to the sole benefit of JuJu.

(c) You must not use the Licensed Materials or any other of our intellectual property or proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays us in a negative light. 

(d) We retain all right, title, and interest in the Licensed Materials and no right, title, or interest is transferred to you.

10. Disclaimer

(a) We make no express or implied representations or warranties concerning our website, products or services to you.  We make no representation that the operation of our website will be uninterrupted or error-free and we will not be liable to you for any such interruptions or errors.

(b) We will not be liable to you under any contract, negligence, tort, strict liability or other legal or equitable claim for any direct, indirect, consequential, special or exemplary damages (including without limitation, loss of revenue or goodwill) even if we have been advised of the possibility of such damages.  In any event, our cumulative liability to you arising out of or related to these terms and conditions, our website, our products or services or the JuJu Affiliate Program, no matter how that liability arises, will not exceed the total commission paid to you pursuant to these terms and conditions.

11. Indemnification

You indemnify us and all our subsidiaries and affiliates, 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 legal fees on an indemnity basis) arising out of or related to:

(i) any claim that our use of any of your intellectual property infringes the intellectual property of any third party;

(ii) any misrepresentation by you or breach by you of any of these terms and conditions; or

(iii) any claim related to your website, including but without limitation, content not attributable to us.

12. Confidentiality

All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by us to you will remain our property and you must keep such information in confidence and not use or disclose such information without our express written permission.

13. Miscellaneous

(a) You agree that your participation in the JuJu Affiliate Program and these terms and conditions do not create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us and you must not hold yourself out to anyone as being in such relationship with us. You have no authority to make or accept any offers or representations on our behalf.

(b) Your participation in the JuJu Affiliate Program is non-transferrable. You must not assign your rights or obligations under these terms and conditions to any party without our prior written consent.

(c) This Agreement is governed by and is to be interpreted in accordance with the laws of Western Australia and where applicable the laws of the Commonwealth of Australia.

(d) These terms and conditions represent the entire agreement between us and you, and supersede all prior agreements and communications between us, whether oral or written.

(e) Headings and titles contained in these terms and conditions are for convenience only and do not limit or otherwise affect the interpretation of these terms and conditions.

(f) If any clause of these terms and conditions is held to be invalid or unenforceable, that clause will be severed or limited to the minimum extent necessary such that the intent of the clause is effectuated, and the remainder of these terms and conditions will remain of full force and effect.

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