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Original Diamonds.com Affiliate Program Affiliate Agreement
This agreement establishes the terms of the relationship between Original Diamonds.com, which is a wholly owned subsidiary of Original ™ Australia ("Original Diamonds"), and the Affiliate ("Affiliate") allows the Affiliate to offer for sale Original Diamonds products through its own website(s), customer sales or other end user relationships. Original ™ Australia ("Original Diamonds") and the Affiliate ("The Affiliate") agree that:
1.0 Background
1.1 Original Diamonds operates a diamond sales and costings system, which provides distribution, pricing and supply worldwide.
1.2 The Affiliate has agreed that you will promote Original Diamonds via online and/or off-line means to your customers on the terms set out in this agreement. The Affiliate also accepts all of the pricing, distribution and supply policies and procedures as carried out by Original Diamonds and all of its staff and partners.
2.0 Distribution
2.1 The Affiliate agrees to accept the Products and services and all other information as listed on the Site and agrees to make no changes to the content and information listed on the Site, unless agreed to by both parties.
2.2 Original Diamonds will provide the Affiliate with all the graphical and technical support required to execute the above. The Affiliate has a choice to make visual modifications to the content as permitted by Original Diamonds.
2.3 Original Diamonds will offer technical and marketing assistance to the Affiliate as required. This will occur between the hours of 9 am - 6 pm, Monday to Friday (Australian Eastern Standard Time). Original Diamonds will endeavor to solve any problem pertaining to any technical issue relating to this Agreement within 48 hours.
3.0 Rights and Obligations
3.1 Under the terms of this agreement, the Affiliate will market Original Diamond's products and services in return for commissions earned. Original Diamonds shall offer its products to the Affiliate at the same rates it offers these products to the public and the Affiliate shall sell Original Diamond's products at such rates. The Affiliate agrees to make no changes to the content on the Site, unless specifically agreed to by Original Diamonds.
3.2 The Affiliate understands and agrees that this agreement to sell Original Diamond's products is non-exclusive. Original Diamonds may appoint one or more additional Affiliates having marketing responsibility in the same geographic area. Original Diamonds itself and other Affiliates may also sell the same products to purchasers located anywhere.
4.0 Service
4.1 Original Diamonds will be solely responsible for the development, operation and maintenance of Original Diamond's operation and sales systems and for all materials that appear on Original Diamond's place of business or web site. For example, Original Diamonds will be solely responsible for:
- The technical operation of Original Diamond's systems, site and all related equipment
- The accuracy and appropriateness of communication with customers
- Ensuring that materials posted on Original Diamond's site are not libelous or otherwise illegal.
4.2 The Affiliate disclaims all liability for these matters. Further, Original Diamonds will indemnify and hold the Affiliate harmless from all claims, damages, and expenses (including, without limitation, attorney's fees) relating to the development, operation, maintenance, and contents of Original Diamond's operation and web site.
4.3 Consequently, the Affiliate will indemnify and hold Original Diamonds harmless from all claims, damages, and expenses (including, without limitation, attorney's fees) relating to the development, operation, maintenance, and contents of the Affiliate's operation and web site.
4.4 All issues relating to the purchasing process are the responsibility of Original Diamonds and the Affiliate shall not enter into any correspondence with the client in any way, unless approached first. All queries relating to the Affiliate or any of its associations shall be forwarded on to the Affiliate immediately, as agreed by both parties.
4.5 We make no express or implied representations or warranties regarding the Site or its performance, availability or functionality. Any implied warranties of merchantability, fitness for a particular purpose, and non-infringement from Original Diamonds are expressly disclaimed and excluded. In addition, we make no representation or warranty that the operation of the Site will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors.
5.0 Remuneration
5.1 Original Diamonds will pay the Affiliate a percentage of the revenue generated by sales resulting from this new cooperative venture. The transactional commissions will be paid according to the following outline on actual invoice cost of goods to client excluding handling and logistics fees.
- 0 to $500 - 2 %
- 500 to $2500 - 2.2%
- $2500 to $4000 - 2.1%
- $4000 to $6000 - 2 %
- $6000 to $8000 - 1.9%
- $8000 to $12000 - 1.8%
- $12000 to $50000 - 1.5%
- Above $50 000 - 1.2%
5.2 All commission payments will be issued once a month, in US Dollars (USD) Australian Dollars (AUD) or specified currency equivalent as selected when you sign up. Original Diamonds will provide payment via one of the means specified by the Affiliate in the affiliate registration form. Minimum check payments are USD 100 and minimum Direct Deposit will be USD 500.
5.3 Commissions on product purchase are guaranteed and the full amount gets paid on each consumed purchase. The commission specified shall be the sole compensation that the Affiliate is entitled to receive under this agreement. The GST (Good and Services Tax) is applicable to all payments for Australian Affiliates only. All orders are subject to acceptance by Original Diamonds in accordance with its policies at the time of order request. Original Diamond's policies are subject to change without notice.
5.4 Original Diamonds will keep an audit of all transactions subject to this Agreement. Original Diamonds will provide the Affiliate with an account summary, which will track the number of clicks through, purchase requests and confirmed purchases submitted by users referred by the Affiliate. The Affiliate will also have access to payment reports, which will display the estimated amount earned and payment history.
6.0 Confidentiality
6.1 Any use by the Affiliate of any other user's information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of this Agreement. The Site is to be used for the Affiliate's customers' personal use only. The Affiliate agrees that it will not use Company information obtained from the Site for chain letters, junk mail, "spamming", solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list. Notwithstanding the foregoing the Affiliate may market products and services to its customers, who have purchased travel through the Site, via e-mail, provided however, the customer has the ability to unsubscribe to such solicitations and cease to be a recipient of such e-mails. If Affiliate is in violation of this, Original Diamonds reserves the right to immediately terminate this Agreement without notice.
6.2 Neither party shall create, publish, distribute, or permit any written materials, which makes reference to the other party without first submitting to the other party such material and receiving prior written consent from the non-submitting party. This shall not to be unreasonably withheld or delayed. Neither party will make announcements or statements to the public nor any third party concerning the relationship between the parties or the transaction described in this agreement without the prior written consent from the other party. This shall not be unreasonably withheld or delayed.
7.0 Duration and Termination
7.1 The Agreement comes into force from the day the Affiliate signs up to the affiliate program. Both parties retain the right to end the agreement at any time, with due warning given to the other party. Termination may occur (but not be limited to) if:
- Either party breaches this Agreement and fails to remedy such breach within 7 days of receipt of notice from the other party specifying the breach and requiring it to be remedied.
- Either party breaches the Agreement or the breach cannot be remedied.
- Any step is taken to appoint a receiver, a controller, a liquidator, a provisional liquidator, an administrator or other similar person of the whole or any part of the other's assets, undertakings or business.
7.2 Upon termination, any monies owing to the affiliate, which are below the minimum amount paid, will be forfeited by the Affiliate.
8.0 Liability
8.1 Each party owns and retains all rights, title and interest in its names, logos, trademarks, service marks, copyrights, patents, proprietary features, and proprietary technology. Neither party shall copy, distribute, reproduce, or use the above proprietary items except as expressly permitted under this agreement.
8.2 This agreement sets forth the entire understanding between the parties and supersedes any and all oral or written agreements or understandings between the parties as to the subject matter of this agreement. This agreement may be modified only in a written agreement signed by both parties. Both parties will be responsible for their own costs and legal fees associated with this Agreement.
8.3 Affiliate and Original Diamonds agree that Affiliate is an independent contractor for all purposes, and Affiliate will be responsible for his own withholding taxes, workmen's compensation and all other matters related to work.
8.4 This agreement shall be governed, construed, and enforced in accordance with the laws of the state of New South Wales, Australia.
8.5 This agreement shall not be assignable, except by operation of law, by either party without the prior written consent of the other party, and any purported assignment by either party without the prior written consent of the other party shall be void.
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