Last updated: January 2016.

These Terms and Conditions ("Terms", "Terms and Conditions") relate to the use of this website (“the Site”).

Your access to and use of the Site is conditional on your compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site.

Purchases

If you wish to purchase any product or service made available through the Site ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, address and credit card details.

Links To Other Web Sites

Our Site may contain links to third party web sites or services that are not owned or controlled by us. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.

Contact Us

If you have any questions about these Terms, please contact us through our ‘Contact Us’ form.

The La Kult Affiliate Program - TERMS & CONDITIONS

Terms

‘We’, ‘Us’ and ‘Our’ refers to La Kult and / or The Freeway Collective Pty Ltd. La Kult is a registered Trademark of The Freeway Collective Pty Ltd.

‘Affiliate’ and ‘Affiliates’ refer to a person engaged by us to sell our products on a commission basis.

‘Party’ and ‘Parties’ refers to either La Kult, The Freeway Collective Pty Ltd, the Affiliate or a third party.

 Application & Affiliate Suitability

You agree that all information provided by yourself in respect of this application to become an affiliate is correct and complete.

If we determine that information provided is not correct and complete we reserve the right to terminate your participation as an Affiliate for us without notice.

 Engagement & Relationship

We will engage you by giving you a unique link and code which you can use for promotional purposes of our products.

Affiliates do not have to purchase any products or invest any money to begin working with us. We review each Affiliate on their potential ability and desire to generate sales.

We do not pay Affiliates to refer other Affiliates to our program. We are NOT a pyramid scheme.

All Affiliates are independent contractors to us and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.

We will give Affiliates access to our platform / app Refersion where you can track sales and commissions.

We do not set any minimum sales targets for Affiliates.

The relationship between us and Affiliates can be cancelled at any time with immediate effect. All outstanding commissions will be paid to affiliates upon termination.

The unique code Affiliates use for promotion of La Kult products gives the customer an 8% discount off the product retail price as shown on our website la-kult.com.au.

We ensure that the discount Affiliates use for promotion of La Kult products gives Affiliate’s customers a greater discount (8%) than is what available through our website www.la-kult.com.au.

We reserve the right to increase our onsite promotion discount above 8% for up to 3 weeks every quarter.

 Affiliate Rights

Affiliates may display factual information regarding our products and services and establish links from our website www.la-kult.com.au subject to the terms and conditions of this Agreement.

We engage our Affiliates because we appreciate their individuality and allow freedom to promote our products in a way that is congruent with their social media ‘voice’.

Affiliates can promote our products through any social media, media or other channels they see as appropriate.

Affiliates are free to use the La Kult logo and trademark for the purpose of promotion of La Kult products.

Affiliates are only entitled to use La Kult content during the term of this agreement.

 Affiliate Responsibilities

Affiliates must promote our products in an ethical manner and not make medical claims, outside of opinion, that are not listed on our website.

If we feel our products are being promoted in an unethical manner we will raise the issue with the Affiliate to resolve the problem.

If we feel that an Affiliate is misrepresenting us and our brand we reserve the right to terminate the relationship. If this happens all outstanding commissions will be paid to the Affiliate upon termination.

Affiliates will ensure that any promotional material or work does not:

infringe on any third party's intellectual property, publicity, or privacy rights, violates any law or regulation;

is threatening, defamatory, obscene, harmful to minors, or contains pornography;

contains any viruses, or other computer programs that are intended to damage, detrimentally interfere with, intercept, or expropriate any system, data, or personal information;

promotes violence, discrimination based upon race, sex, religion, nationality, disability, sexual orientation or age;

promotes the use of bulk email or spam;

promotes the use of pyramid schemes;

or promotes illegal gambling, sports betting or touting.

 Termination of Agreement

The relationship between us and an Affiliate can be cancelled by either party at any time without reason. In the case of termination all outstanding commissions earned during participation in this program due to Affiliates will be paid by us.

 Content & Trademark Usage

Affiliates will not, except as authorised in this agreement:

change or adapt our material without our prior consent;

remove, erase or attempt to change any copyright on any of our content;

sell, licence or market any right in La Kult or The Freeway Collective Pty Ltd;

conduct any activities which might mislead consumers, cause deception or in any way undermine the value of our brand(s) and company.

Affiliates will comply with any content guidelines put in place by us with relation to display of our content and products.

 Property Ownership

We retain all rights and interest in all La Kult content including any intellectual property that might exist.

Affiliates represent and warrant that they will not take any action that is inconsistent with our ownership of La Kult content.

We reserve the right to use any content created by affiliates that contains our brand image.

Any rights or other benefits accruing from the use of our content by Affiliates will automatically vest in La Kult and The Freeway Collective Pty Ltd and you must do all things reasonably requested by us to protect such rights for the benefit of La Kult.

 Commissions & Payments

Commission is paid based on discounted price of product paid by customer, not on total invoice amount which includes shipping.

Commission is paid on product price including GST. None of our Superfood powdered products are GST.

All commissions are inclusive of GST (10%).

Affiliate commissions are paid through our Shopify app, Refersion.

The Final Referral Fee may be withheld by us at our discretion for a reasonable period to ensure that the correct amount is to be paid to Affiliates.

Commission fees are calculated in Australian Dollars at the time of the relevant transaction.

Affiliate commission may be changed but all Affiliates will be notified in writing beforehand.

A breakdown of applicable fees is presented in Table 1.

 Table 1: Affiliate Commission Rates

Product

*MRSP (AUD)

**Discounted Retail Price 10% Off (AUD)

***Your Commission (AUD)

Your Commission

 (%)

Acai 75g

27.95

25.16

3.77

15%

Acai - 150g

44.95

40.46

6.07

15%

Camu Camu - 100g

24.95

22.46

3.37

15%

Camu Camu - 250g

44.95

40.46

6.07

15%

Maca - 150g

18.95

17.06

2.56

15%

Maca - 250g

24.95

22.46

3.37

15%

Spirulina - 150g

22.95

20.66

3.10

15%

Spirulina - 250g

29.95

26.96

4.04

15%

Cacao - 250g

14.95

13.46

2.02

15%

 

 Sales Tracking

All sales tracking will be completed through our Shopify app Refersion.

Cookie tracking is valid for 90 days – meaning that if a customer clicks through to our site using your link and purchases within 90 days you still earn commission.

All Affiliates will be given a unique login where they can track sales and commissions.

Only purchases using Affiliate’s unique code will attract payable commission fees.

 Tax

Affiliate commissions are inclusive of GST (10%). GST is only applicable to Australian based affiliates.

We do not pay any taxes on Affiliate’s behalves.

Affiliates are responsible for their own federal, provincial, state, local or other taxes.

 Affiliate Indemnification

You will indemnify, defend and hold harmless, La Kult and/or The Freeway Collective Pty Ltd, its related bodies corporate (as defined in the Corporations Act) and associates (as defined in the Corporations Act), and each of their respective directors, officers, employees, agents, affiliates, successors and assigns against any claim, suit, action, judgment, liability, loss, cost, expenses and other damages, including reasonable solicitor’s fees, arising out of or in connection with:

any breach or alleged breach of your representations and warranties set out in this Agreement;

the failure to comply with or perform this Agreement;

the Affiliate Web Site(s) and/or any content, technology or other materials displayed or contained on the Affiliate Web Site(s), including, but not limited to, claims of infringement of third party intellectual property rights;

your failure or alleged failure to comply with any applicable law;

actual or alleged wrongful act or omission by you, your employees, officers or contractors or agents.

 Agreement Term

This Agreement shall commence on the Effective Date and shall terminate on the first to occur of the following:

date on which we no longer maintain the Program;

the date on which a party provides written notice to the other party that they wish the Agreement to be terminated; or

the date on which we notify you that it has determined, in its sole discretion, that you have breached this Agreement or that the Affiliate Web Site(s) are unsuitable to participate as an Affiliate under our program.

 Agreement Modification

We reserve the right to modify this Agreement, at any time in its sole discretion, by posting a change notice or a new agreement on our Web Site and sending a notification to you through the sales tracking app at which time the Agreement will immediately be deemed to have been modified in accordance with the change notice or new agreement.

Your continued participation in the Program as an affiliate following the modification of this Agreement shall constitute acceptance of such modification by you.

Limitation of Liability

We will have no liability for any indirect, incidental, special, punitive, or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the Program, even if the Affiliate was advised of the possibility of such damages.

Our aggregate liability arising under or with respect to this Agreement or the Program will in no event exceed the total revenue paid or payable by us to you under this Agreement during the 12-month period prior to the date such liability arose.

Waiver

Our failure to enforce strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of this Agreement.

 Governing Law

The laws of Western Australia govern this Agreement and La Kult / The Freeway Collective Pty Ltd and Affiliate submit to the exclusive jurisdiction of the Courts of Western Australia.