Affiliate Terms and Conditions
As an authorised affiliate (Affiliate) of Animotion, you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting Animotion as an Affiliate.
Your participation in the Program is solely to legally advertise our website to receive a commission on video projects and products purchased by individuals and companies referred to Animotion by your own website or personal referrals.
By signing up for the Animotion Partner Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.
1. Approval or Rejection of the Application
We reserve the right to approve or reject ANY Partner Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.
Commissions will be paid within 7-days of your referral paying Animotion. For an Affiliate to receive a commission, the referred account must have successfully paid Animotion.
If this is a partial payment (i.e Animotion’s standard 40% upfront), you as an Affiliate will receive 40% of your commission, and the remaining 60% on full payment of your referred account.
You cannot refer yourself, and you will not receive a commission on your own accounts. There is also a limit of one commission per referral. For instance, if a third party orders multiple products on more than one occasion, you will receive a commission on the first occasion only.
Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid-out. To date, Animotion has never had a chargeback or refund requested in its entire history of operation.
As an Affiliate, you will receive 10% of the agreed project budget, whereby the referred account agrees to Animotion revealing the agreed amount within the accepted project proposal.
Referrers must claim their referral prior to Animotion sending the referred client an initial project proposal. Animotion must be made aware that the client being pitched to or engaged with is a referred client.
Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:
– Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
– Spamming (mass email, mass newsgroup posting, etc.).
– Advertising on sites containing or promoting illegal activities.
– Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
– Violation of intellectual property rights. Animotion reserves the right to require license agreements from those who employ trademarks of Animotion in order to protect our intellectual property rights.
– Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with Animotion, however, is acceptable.
– Self referrals, fraudulent transactions, suspected Affiliate fraud.
– In addition to the foregoing, Animotion reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.
4. Affiliate Links
You may use graphic and text links both on your website and within in your email messages. You may also advertise the Animotion site in online and offline classified ads, magazines, and newspapers.
You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in Condition 3.
5. Pay Per Click (PPC) Policy
PPC bidding is NOT allowed without prior written permission.
Animotion will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by Animotion. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.
8. Term of the Agreement
The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.
The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.
Affiliate shall indemnify and hold harmless Animotion and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorised by Animotion to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.
10. Governing Law, Jurisdiction, and Attorney Fees
This Agreement shall be governed by and construed in accordance with the laws of Australia and the State of Western Australia. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the state courts located in Perth, Western Australia.
In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.
11. Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Animotion partner program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Partner Program Signup and/or referring a client. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.