Affiliate Agreement

GENERAL

By signing up as a News Cafe affiliate, you agree to all of the terms and conditions of the News Cafe Affiliate Agreement as outlined below.

This is an agreement between Concept Factory Pty Ltd and the News Cafe affiliate. Concept Factory Pty Ltd owns the news cafe product. This page constitutes the entire and sole agreement between Concept Factory Pty Ltd and the affiliate. Concept Factory Pty Ltd reserves the right to make changes to the affiliate agreement at any time and without notice. Failure to abide by the rules outlined in this agreement could result in account deletion with a complete forfeit of commissions.

MONEY & PAYMENTS

Payments will be issued once full & final payment has been received by the customer. Payments will be made via EFT. If your account is inaccessible for whatever reason, we will contact you. However, if after another attempt is made and we again are unable to make payment to you the Concept Factory Pty Ltd management reserves the right to delete your affiliate account with a complete forfeit of commissions. Keeping your bank account open and active is your responsibility and is a requirement for participation in the Concept Factory Affiliate Program.

All referrals must be made through the Concept Factory referral form online.

Money credited to your account does not accrue interest.

In the event of a refund, Concept Factory may recover from you the corresponding commission previously credited to your account. The refund commission will be deducted from your account balance. In the event that your account balance is less than the refund commission, the refund commission will be deducted against your future earnings.

MEMBERSHIP

Concept Factory may reject an affiliate application at the sole discretion of Concept Factory management.
Concept Factory believes that a small, strong affiliate team is better than a large, ineffective one. Concept Factory reserves the right to limit the number of affiliates in its affiliate program as well as the number of web sites referring business to it. Concept Factory will be under no obligation to give advance warning should it decide to build limits into its affiliate program.

Although the aim is to have a long-term, mutually beneficial relationship with our affiliates, Concept Factory reserves the right to terminate its affiliate program at any time, without advance warning, should that be in the best interest of Concept Factory, in the opinion and at the sole discretion of Concept Factory management.

NOT ALLOWED:

  • SPAM
  • Links or banners in newsgroups
  • Links or banners in chat rooms
  • Links or banners in ICQ
  • Links or banners in message boards
  • Links or banners in banner networks
  • Links or banners in hit farms
  • Links or banners in guest books etc.
  • Any placement of creative in a "Desktop" advertising scheme. This includes any and all 3rd party advertising platforms that use a desktop application to display ads in any form.

Concept Factory reserves the right to terminate an affiliate account with a complete forfeit of commissions if the affiliate, in the opinion and sole discretion of Concept Factory management, is clearly attempting to take advantage of the Concept Factory affiliate system in an unfair or dishonest manner, even if the method is not specifically mentioned in this agreement. We are 100% committed to honesty in every aspect of our business and explicitly reserve the right to choose not to work with affiliates who do not share this commitment. If an affiliate account is deleted, Concept Factory will be under no obligation to provide reasons for the decision. If an affiliate account is deleted, Concept Factory reserves the right to deny the affiliate future access to the Concept Factory affiliate system.

Concept Factory reserves the right to terminate an affiliate account with a complete forfeit of commissions when such an affiliate account is, in the opinion of Concept Factory management, a threat to Concept Factory, its credibility or its income. Any form of advertising or marketing that, in the opinion of Concept Factory management, is aimed at misleading potential News Cafe clients will result in summary deletion of the affiliate account with a complete forfeit of commissions. Similarly, any form of email marketing that, in the opinion of Concept Factory management, qualifies as SPAM or unsolicited mail will result in summary deletion of the affiliate account with a complete forfeit of commissions. We will DELETE your account and VOID your commissions on the FIRST offense of SPAMMING.

When an affiliate account is deleted, suspended, deactivated or changed, for any reason, Concept Factory will be under no obligation to the affiliate to provide advance warning or to provide reasons for the decision.
Fraud is a serious offense, and will be treated as such. Fraud is defined as (i) any action that intentionally attempts to create sales, leads, or click-throughs using robots, frames, iframes, scripts, or manually "refreshing" of pages, for the sole purpose of creating commissions, (ii) any attempt to steal or manufacture commissions and (iii) receiving commission for sales generated through a web site that does not legally belong to the affiliate. Any fraud or attempted fraud will be reported to the relevant authorities and will result in account deletion with a complete forfeit of commissions.

LINK PLACEMENT

As a News Cafe affiliate, you may place and remove links on your site(s) at your discretion. You may link to any page on the News Cafe domain without the need to seek special permission.

PRIVACY POLICY

Concept Factory may send e-mails to all News Cafe affiliates for the purposes of informing affiliates of changes or additions to the Affiliate Program, changes or additions to the Concept Factory products and services and any communication that Concept Factory management deems necessary for the smooth and effective operation of the News Cafe Affiliate Program.

We use referrer information and cookies only for the purpose of tracking referrals and sales. No personally identifiable information of affiliates or customers is collected unless the affiliate or customer chooses to provide such information.

We will never sell or share your name, e-mail address, phone number, or any other personal information. We consider this information to be private, and will always treat it as such.

SECURITY

Each affiliate is solely responsible for maintaining the confidentiality of their account and their ID.

OWNERSHIP AND LICENSES

Affiliates are granted a non-exclusive, limited, revocable right to use Concept Factory trademarks, banners and other images expressly made available for affiliate use. All images, technology and content provided for your use is and shall remain the sole property of Concept Factory, and no part thereof shall be deemed assigned or licensed to you. All intellectual property rights, including trademarks, copyrights, patent rights or applications, trade names and service marks related to the foregoing shall remain the sole property of Concept Factory, including rights in and to any derivatives thereof. You may not modify the trademarks, banners or any of the images provided to you in any way unless such changes have been approved by Concept Factory.

Any graphic design work produced by Concept Factory, including logos and other designs displayed on the newscafe.com or com.au web site, may under no circumstances be displayed on affiliate sites, not in their original or in any altered form.

LIMITED LIABILITY

Concept Factory shall not be liable to the affiliate or any other person for any direct or indirect damage or loss of any nature out of the use of or inability to use the news cafe web site or the news cafe affiliate program or affiliate tracking system.

FORCE MAJEURE

Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labour conditions, earthquakes or any other cause which is beyond the reasonable control of such party.

COMMISSIONS

Commission payments will be made within 14 days of receiving the full and final payment from the customer. A recipient created invoice will be issued summarizing sales and commissions payable for the period.

TERM OF THE AGREEMENT

The term of this Agreement will commence upon Concept Factory accepting your application and will continue until terminated. Either party may terminate this Agreement at any time by giving at least 30 days written notice, which may be given by e-mail, to the other party. Commission payments to you in respect to customers who may follow links from your site to caffeine by design after this Agreement is terminated, will not be payable.

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