Terms and Conditions
Please read these Affiliate Terms and Conditions (“Terms and Conditions”) carefully.
Your participation in our affiliate program is contingent upon your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to everyone who participates in our affiliate program.
a. Thank you for your interest in joining our affiliate program. This affiliate program allows you to advertise products and services available on The Busy Mum Fitness on your website and to earn commissions for Qualifying Purchases made by your end users.
b. In order to facilitate the promotion of our products and services, we may make available to you data, images, text, link formats, widgets, links, and other linking tools, and other information.
c. You are legally bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions then you are not eligible to become our affiliate partner.
d. Please note that these terms and conditions contain a dispute resolution clause. Except where expressly mentioned, you agree that disputes relating to these terms and conditions will be governed by this dispute resolution clause. You waive your right to participate in litigation or class-action lawsuit or class-wide arbitration.
e. By accepting this Agreement, you affirm that you are 18 years of age or above and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement. In case you are below 18 years of age, you can participate in this Affiliate Program only with the consent of your parents or legal guardian (s).
- APPLICABLE TERMS
a. Your participation in our Affiliate program is subject to the following:
b. These Terms and Conditions constitute the whole agreement between us for the purposes of becoming our affiliate partner. At certain places, you may be asked to agree to additional terms and conditions. Those additional terms and conditions are hereby incorporated into these Terms and Conditions. Where those terms are inconsistent with these Terms and Conditions, the additional terms shall control.
a. To participate in our affiliate program, you must submit a complete and accurate application. You must identify your site in your application. We will evaluate your application and notify you of its acceptance or rejection. We may reject your application in our sole discretion including if we determine that your site is unsuitable. Unsuitable sites include those that:
- promote or contain sexually explicit materials;
- promote violence or contain violent materials;
- promote or contain libelous or defamatory materials;
- promote discrimination, or employ discriminatory practices, based on race, sex, religion, nationality, disability, sexual orientation, or age;
- promote or undertake illegal activities;
- include any trademark of The Busy Mum Fitness or its affiliates, or a variant or misspelling of a trademark of The Busy Mum Fitness or its affiliates.
- otherwise violate intellectual property rights.
b. If we reject your application, you are welcome to reapply after 30 days of the initial rejection. However, if we accept your application and we later determine that your site is unsuitable, we may terminate your affiliate account at our sole discretion.
d. Your affiliate account on Busy Mum Fitness is not transferable. Therefore, you agree to not sell, transfer, or exchange membership accounts or subscriptions in any way or under any circumstance.
e. By signing up as our affiliate, you warrant that:
- You are legally capable of entering into binding contracts;
- You do not violate any rules, laws or regulations.
- All information submitted by you at the time of registration is truthful and accurate;
- You will maintain the accuracy of such information.
- PAYMENTS AND FREE PRODUCTS
a. We pay all affiliate earnings on the last Friday of each calendar month through the Paypal payment gateway. You must provide us with your PAYPAL email address 7 days prior to the last Friday of each month to be paid on time.
b. To claim the free products specified in the program you must first obtain the minimum successful referral requirements.
c. Supplement Packs are sent out every 4 to 6 weeks and will require a minimum of 2 successful referrals each calendar month to be eligible to claim the free Supplements Pack
d. There is a maximum of one Free Program Access to be received per ambassador. Receiving 8 or more successful referrals does not prove eligible for more than one Free Program Access reward.
e. There is a maximum of one Team Merchandise Pack to be received per ambassador. Receiving 12 or more successful referrals does not prove eligible for more than one Team Merchandise Pack reward.
- OBLIGATIONS AND RESTRICTIONS
You are bound by the following obligations and restrictions
a. You will be solely responsible for your site, including its development, operation, and maintenance and all materials that appear on or within it.
b. We will not be liable for any claims arising out of any technical problems with your website.
Marketing and Promotion Obligations
a. You may promote your own website or URL. Unless explicitly mentioned, you should not promote your product, service, website or URL in such a way as to suggest a false endorsement. In case of any questions related to false endorsement, please write to us at : email@example.com
b. You should not promote our products and services in such a way that it constitutes spamming. We retain the authority to determine what constitutes spamming. If it comes to our attention that you are spamming, we will immediately terminate your account without giving you due notice.
c. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation. In this situation, you will also be entitled to refund us any commissions that you have earned from promoting our products.
d. You will not transmit any “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 Merchant’s site (i.e., no page from our site or any The Busy Mum Fitness content or branding is visible on the end-user’s screen).
- INTELLECTUAL PROPERTY RIGHTS
a. We owe all intellectual property rights including copyright, trademarks, trade secrets, proprietary information and the like. You agree that you cannot use this material without our explicit authorisation.
b. You undertake not to do anything which infringes upon someone else’s copyright, trademarks, trade secrets, and proprietary information without their written authorization. We reserve the right to remove any infringing material posted by you if we are notified of any infringement by the intellectual property owner or their legal agent or representative.
c. By registering as an affiliate, you may be allowed to submit some content to us. For example, you may be able to upload a profile picture, post comments in the community and at other places. We will retain the rights over this user generated content in order to operate, market, and promote The Busy Mum Fitness
We do not make express or implied representation or warranties regarding our website, services, and products.
While we have done our best to offer the best products and services available to you on this website, we do make express or implied representation about the quality of products and services. An affiliate partner is expected to conduct their due diligence before promoting the goods and services available on this website on their platform.
Your participation in the affiliate program is contingent upon our ability to generate the HTML affiliate links. If for some reason, we are unable to provide you with the link or if there is some technical problem which hampers your effective participation in our affiliate program, we will not be held liable.
- CANCELLATION, SUSPENSION AND TERMINATION
a. We may cancel your affiliate account without prior notice or intimation, if it comes to our knowledge that your website or platform :
- Promotes sexually explicit materials
- Promotes violence
- Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promotes illegal activities
- Is in bad taste
- Does not comply with domestic laws and regulations of the country where you are based
b. We reserve the sole right to cancel, suspend or terminate the account. Our decision is final and irrevocable.
c. You may not cancel or suspend your affiliate account without giving us due notice. You may write to us at : firstname.lastname@example.org in case you want to cancel or suspend your affiliate account.
- END USER LICENSE
We grant you a non-exclusive, non-transferable, revocable right to access our site through HTML links solely in accordance with these Terms and Conditions.
- GUARANTEE ON AVAILABILITY
a. Our ability to provide the products and services on this website depends upon several factors including but not limited to availability of stock/inventory of the product in question, rights clearance, technical reasons, business reasons, and others. Therefore, we do not guarantee the availability of the products and services at all times. There may be some technical delays.
b. Your access to the affiliate account may be occasionally restricted to allow for updates, maintenance or the introduction of new features or services. We will restore your affiliate account soon as is reasonably possible in the circumstance (s) of the case.
- LIMITATION OF LIABILITY
a. Under no circumstance shall The Busy Mum Fitness nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with these Terms and Conditions, whether such liability is under contract, tort or otherwise.
b. Under no circumstance shall The Busy Mum Fitness including its officers, directors and employees be liable for any indirect, consequential or special liability arising out of or in any way related to these Terms and Conditions.
a. We may transfer our rights and obligations under these Terms and Conditions to any company, firm or person at any time provided it does not materially affect your rights under it.
b. You may not transfer your rights or obligations under these Terms and Conditions to anyone else as they are personal to you.
You agree to indemnify The Busy Mum Fitness to the fullest extent possible from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms and Conditions.
If any provision of these Terms and Conditions is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
- VARIATION OF TERMS
We may reserve the right, at our sole discretion, to modify or replace these Terms at any time. It is your responsibility to keep yourself updated about recent changes.
If there is a delay on our part in exercising our rights under these Terms and Conditions, such delay will not constitute as a waiver of that right or any other rights under these Terms and Conditions.
- DISPUTE RESOLUTION
Please read these paras carefully as they require you to resolve any disputes in good faith with The Busy Mum Fitness.
a. If you have any question, complaint or concern (s) regarding these Terms and Conditions or this website, you can contact us at : email@example.com
b. In the event of any dispute or claim arising out of or relating to the use of your personal information, you will attempt in good faith to negotiate a written resolution of the matter directly between the parties. If the matter remains unresolved for sixty days after notification (via email, certified mail or personal delivery) that a dispute exists, the parties will attempt to resolve the matter via mediation. The parties shall mutually agree to appoint a mediator.
c. The mediator will have the exclusive authority to determine the rights and liabilities of both the parties to the mediation. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The award of the mediator is final and binding upon both the parties.
- ENTIRE AGREEMENT
These Terms and Conditions including any legal notices and disclaimers, constitute the entire agreement between us in relation to our affiliate program and supersedes all prior agreements and understandings with respect to the same.
- CHOICE OF LAW
These Terms and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the laws of Queensland Australia.
- NOTICES & COMMUNICATION
a. These Terms and Conditions are subject to change at any time without notice. Please review these Terms and Conditions periodically to make sure that you are aware about the changes. We will not be held responsible if you are not aware about the recent changes to these Terms and Conditions. The recent changes can be found at the top of this policy.
b. These Terms and Conditions are effective from 17th February 2021. If you have any questions related to these Terms and Conditions, please contact us at firstname.lastname@example.org.
These Terms are effective and were last updated on 17th February 2021.
The Busy Mum Fitness is located at Queensland Australia.