By submitting an application, you are agreeing to be bound by the terms and conditions below. These terms and conditions form the “Agreement”.
The Agreement is a legally enforceable contract. If you do not want to be bound by the Agreement, do not submit an application.
Your participation is solely to legally advertise our website to receive a commission on sales and products purchased by individuals referred to Forever Photo Gifts by your own website or personal referrals.
By signing up for the Forever Photo Gifts referral 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 Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your application.
Payments will be paid once a week and becomes payable once order is completed. To be eligible for a payment, the referred order must not be cancelled or refunded.
You cannot refer yourself, and you will not receive a commission on your own accounts.
Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.
Your application and status 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.) You must abide by the Spam Act 2003
- Advertising on sites containing or promoting illegal activities, pornography, racist or other offensive material.
- 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.
- Self referrals, fraudulent transactions, suspected Affiliate fraud.
In addition to the foregoing, Forever Photo Gifts 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 online and in print. You can post on social media sites, your own website or in any advertising format.
Forever Photo Gifts 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 Forever Photo Gifts. We make no claim that the operation of our website will be error-free and we will not be liable for any interruptions or errors.
6. 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 Forever Photo Gifts, including partners and owners, and its affiliate 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.
8. Governing Law, Jurisdiction, and Legal Fees
This Agreement shall be governed by and construed in accordance with the laws of NSW and Australia. Any dispute arising under or related in any way to this Agreement shall be dealt with according to local regulations.
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.
9. Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Forever Photo Gifts affilitate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.