1.1 CameraPro Pty Ltd ACN 134 765 521 (“CameraPro”) is a vendor of products including cameras and photography accessories (“Products”). For the purposes of selling Products, CameraPro operates the website https://www.camerapro.com.au (“CameraPro Website”).
1.2 CameraPro operates an affiliate program whereby third party affiliates (“Affiliates”) agree to refer Customers to the Website to purchase Products in consideration for CameraPro paying a Commission to the Affiliate (“Program”).
1.3 In order to manage the Program, CameraPro uses iDevAffiliate software (“Software”) under license from iDevAffiliate Inc, a company incorporated in the United States of America (“iDevAffiliate”)
2.1 Unless otherwise specified the following words and phrases have the following meanings in these Terms:
(a) “Account” means your account as an Affiliate in the Program;
(b) “Affiliate” means an affiliate of the Program;
(c) “Affiliate Link” means a hyperlink placed on Your Website to one or more Products on the CameraPro Website, in the form created by the Software, including but not limited to text links and image links (such as banners);
(d) “Application” means an application by you to become an Affiliate of the Program pursuant to clause 3;
(e) “Australian Dollars” or “$” means the lawful currency of the Commonwealth of Australia;
(f) “Business Day” means a day that is not a Sunday, Saturday, or public holiday in Brisbane in the State of Queensland;
(g) “CameraPro Website” means https://www.camerapro.com.au;
(h) “Commission” means the commission payable by CameraPro to you for an Eligible Sale in accordance to clause 9.4;
(i) “Commission Rate” is a percentage offered by CameraPro, unless otherwise agreed upon between the parties in writing;
(j) “Customer” has the meaning given by clause 9.1;
(k) “Eligible Sale” has the meaning given by clause 9;
(l) “Exchange Rate” means the rate of converting Australian Dollars into another currency at the rate of exchange at the time CameraPro is required to make the payment in the other currency, as determined by CameraPro pursuant to the exchange rates made available by the Reserve Bank of Australia on its website at any relevant time (such determination to be conclusion and binding on you) or at a rate pre-arranged between CameraPro and you.
(m) “GST” has the same meaning as given in the GST Law;
(n) “GST Law” has the same meaning as given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
(o) “License” means the License provided by CameraPro to you in clause 7.1;
(p) “Products” means the goods for sale by CameraPro on the CameraPro Website from time to time;
(q) “Program” means the CameraPro affiliate program;
(r) “Sale” has the meaning given by clause 9.1;
(s) “Software” means the iDevAffiliate software;
(t) “Terms” means these Terms & Conditions;
(u) “Your Website” means any website or website(s) on which you place or propose to place Affiliate Links.
2.2 In these Terms unless the contrary intention appears:
(a) the singular includes the plural and vice versa;
(b) "person" includes the firm and "firm" includes company and "company" includes corporation;
(c) a reference to one gender includes all other genders and no gender;
(d) a reference to any party to these Terms or any other document or arrangement includes that party’s executors, administrators, substitutions, successors and permitted assigns;
(e) any words following the terms “include”, “including”, “in particular” or any similar expression are construed as illustrative and do not limit the sense of the words, description, definition, phrase, or term preceding those terms; and
3.1 You may apply to CameraPro to become an Affiliate of the Program by completing the registration form at https://camerapro.idevaffiliate.com/signup.php (“Application”).
3.2 There is no fee for applying to become an Affiliate of the Program.
3.3 If you have any queries about the Program or the Terms before applying to become an Affiliate you may contact CameraPro on 1300 431 431.
4.1 These Terms govern the rights and obligations of you and CameraPro under the Program. Before applying to become an Affiliate, you should read these Terms carefully. If you do not agree to these Terms, do not apply for the Program. 4.2 By making an Application, you expressly represent and warrant to CameraPro that:
(a) you agree to be bound by these Terms;
(b) you are at least 18 (eighteen) years of age or older, and capable of entering into a legally binding agreement.
4.3 CameraPro operates in the Commonwealth of Australia. Depending on your country of residence and the country you access the Website from, you may not be able to join the Program or parts of it. By making an Application, you expressly represent and warrant to CameraPro that you have complied and will continue to comply with all laws of your country of residence and the country you access the Program from.
5.1 You must only use the Software for the bona fide purpose as an Affiliate of the Program.
5.2 Your use of the Software is under license from iDevAffiliate. 5.3 You must not:
(a) use the Software or Program in the furtherance of any criminal activities, including but not limited to:
(i) terrorist financing;
(ii) money laundering; or
(iii) malicious hacking
(b) reverse engineer, disassemble or otherwise attempt to construct, copy or replicate the Software;
(c) interfere with the security of the Software or the use of the Program by other Affiliates, including but not limited to:
(i) distributing viruses, corrupted files, adware, malware, spyware or similar software or programs that may damage the operation of any computer hardware or software or which are otherwise directed at the CameraPro Website, Software or other Affiliates; or
(ii) attempting to send repetitive data or information from or to the Software with the intent of placing an unreasonable load on the infrastructure of the Software;
(d) knowingly or recklessly use and/or take advantage of a technical or technological error, loophole or glitch on the Software;
(e) infringe the intellectual property rights or other rights of any person (including CameraPro);
(f) use the Program or Software, or any information acquired from the Program or Software, for commercial purposes which are competitive to the Software or CameraPro or which otherwise be detrimental or prejudicial to CameraPro’s interests in any way;
(g) collect or store any personal data about other Affiliates; or
(h) do anything else that may interfere with or negatively affect the operation or reputation of CameraPro, the Program, the Software or other Affiliates.
6.1 On CameraPro’s reasonable request or when required by law, you must provide accurate and complete information to CameraPro including but not limited to documents to verify your identity or payment methods.
6.2 You must not:
(a) provide CameraPro with information you know or ought to know is inaccurate, incomplete, or misleading; or
(b) provide CameraPro with false documents, including identification documents.
7.1 Subject to these Terms, you are granted a revocable, non-exclusive license (“License”) to:
(a) participate in the Program and place Affiliate Links on Your Website;
(b) use any advertising material supplied to you by CameraPro (including but not limited to text and images) for use on Your Website.
7.2 The License will be immediately revoked in the event that you breach these Terms.
8.1 You may only place Affiliate Links on websites that you directly or indirectly own or lawfully control.
8.2 CameraPro reserves the right to review your placement and use of Affiliate Links on Your Website and requires that you change the placement or use on Your Website to comply with guidelines provided to you.
8.3 You are solely responsible for ensuring that Your Website:
(a) conforms to generally acceptable advertising practices;
(b) is in compliance with all laws of your jurisdiction; and
(c) is properly maintained.
8.4 Your Website, and any advertising material you create for Your Website, must not:
(a) use, support, advertise, promote or link to any viruses, corrupted files, adware, malware, spyware or other similar software or programs;
(b) directly or indirectly further or support any criminal activities, including but not limited to:
(i) terrorism and terrorist financing;
(ii) money laundering;
(iii) illegal gambling;
(iv) sale of illegal drugs or drug paraphernalia;
(v) illegal sale of weaponry or military equipment; or
(vi) malicious hacking.
(c) contain any information that you know or ought to know is false, misleading, or deceptive;
(d) contain any statements that are defamatory to CameraPro, the Program, the Software, or other Affiliates;
(e) contain any material that infringes the intellectual property of CameraPro, the Program, the Software, or other Affiliates;
(f) be designed or operated in such a manner that resembles the CameraPro Website or that may lead Customers to believe that you are CameraPro or an associate of CameraPro. This includes, but is not limited to, using a domain which contains the phrase “CameraPro” or variations or misspellings thereof;
(g) contain pornographic, obscene or adult-orientated content;
(h) promote discrimination, hatred or violence towards any person or group of persons (including but not limited to on the grounds of age, disability, race, nationality, religion, sex, intersex status, gender identity, and sexual orientation); or
(i) otherwise contain material that may bring CameraPro, the Program, or the Software into disrepute.
8.5 CameraPro retains sole discretion to determine whether Your Website is in compliance with this clause. 8.6 In the event that you propose to transfer, sell or assign ownership or control of Your Website, you must remove all Affiliate Links and any intellectual property of CameraPro before the change of ownership or control is complete, unless CameraPro has authorised otherwise in writing
9.1 A sale of a Product or Products will be deemed to be an Eligible Sale if and only if:
(a) a user of Your Website (“Customer”) clicks an Affiliate Link on Your Website; and
(b) within 48 (forty-eight) hours the Customer completes the purchase of one or more Products from the CameraPro Website through the Affiliate Link (“Sale”).
9.2 Notwithstanding clause 9.1, a sale of a Product or Products will not be an Eligible Sale if:
(a) the Sale is cancelled, refunded, or payment is not made or dishonoured for any reason; and/or
(b) it is fraudulent (including but not limited to transactions involving credit card fraud or caused by adware or malware).
9.3 Eligible Sales will be tracked by the Software.
9.4 For each Eligible Sale you are entitled to a Commission, which will be calculated as the Commission Rate multiplied by the value of the Sale (excluding any applicable taxation such as GST, shipping, or other charges).
10.1 When making your Account you must provide details for one of the following payment methods: cheque/money order, PayPal, or wire transfer.
10.2 Subject to your compliance with these Terms, CameraPro will pay you the Commission by your preferred payment method on the first Business Day of each month. Payment will only be made when there is a minimum of $100 (one hundred Australian Dollars) Commission payable to you as of that date.
10.3 All payments are made through the Software.
10.4 All payments will be made in Australian Dollars, at the Exchange Rate current at the time of payment. CameraPro will not be liable for any loss in value due to changes in the Exchange Rate between the date of the Eligible Sale and the date of payment.
11.1 CameraPro may suspend or terminate your Account at any time and for any reason, effective immediately, by sending a notice to the contact details you have provided.
11.2 You may terminate your Account at any time by sending a notice to us to firstname.lastname@example.org.
11.3 Following termination of your Account, you must immediately:
(a) remove any Affiliate Links from Your Website; and
(b) remove any advertising material supplied to you by CameraPro (including but not limited to text and images), and any material that in any way suggests a relationship with CameraPro.
11.4 In the event that your Account has been terminated and you are not in breach of these Terms, CameraPro will pay any remaining Commission on the first Business Day of the next month.
11.5 In the event that your Account has been terminated and such termination arose due to a breach by you of these Terms, any remaining Commission is forfeited.
12.1 To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless CameraPro (and each of their associated entities, directors, officers, affiliates, employees, service providers, members, representatives and agents) from and against all claims, demands, actions, suits, proceedings, liabilities, losses, damages, penalties, fines, expenses and costs (including legal costs on an indemnity basis and/or those awarded by a court) arising out of or relating to:
(a) your conduct and use of the Program and Software, including but not limited to anything that would cause CameraPro to be in breach of its agreement with iDevAffiliate;
(b) your breach of these Terms;
(c) your breach of any law;
(d) your violation or breach of CameraPro’s or iDevAffiliate’s copyright, intellectual property, trade secrets, patents, trademarks, service marks or any other proprietary right under law;
(e) any information that you provide to CameraPro via the Program or Software; or
(f) any damage that you cause to the Program, the Software or to any other Affiliate or any other person or entity.
12.2 Without limitation, this indemnity includes liability relating to intellectual property rights, defamation and breaches of privacy.
13.1 To the maximum extent permitted by law, including the Australian Consumer Law:
(a) CameraPro does not guarantee the quality, performance or fitness for purpose of the Software or Program (including but not limited to the accuracy of tracking of Eligible Sales), or the completeness, accuracy or currency of statements, representations and information of others (including without limitation data, reports and analyses) provided via the Software and CameraPro will not be liable to any person or entity for any direct, indirect, consequential or other loss, damage, liability, claim or expense (however caused, including due to negligence or breach of contract) which may arise out of, or in connection with, the use of the Software or Program or the use of or reliance on information contained on or linked to the Software or Program.
(b) The total aggregate financial liability of CameraPro (and each of its associated entities, directors, officers, affiliates, employees, service providers, members, representatives and agents) to you, whether in contract, tort or statutory liability or otherwise, is limited to supplying access to the Software or Program again or payment of the cost of having access to the Software or Program supplied again.
(c) CameraPro does not provide any warranty in relation to your use of the Software or Program and CameraPro does not provide any warranty that the information displayed on the Software or provided through the Program is up-to-date, accurate or complete. CameraPro gives no warranties, guarantees nor does it accept any liability in relation to the statements, representations and information of others (including without limitation data, reports and analyses) displayed on the Software.
(d) CameraPro excludes liability arising out of any inability to provide services under these Terms due to changes of law, regulations or policy, or an event of force majeure.
13.2 Nothing in these Terms is to be read as purporting to exclude statutory guarantees that cannot be excluded.
13.3 You must independently satisfy yourself as to the information provided through CameraPro’s Program. You agree to participate in CameraPro’s Program at your sole risk and on an “as is” basis.
14.1 The transmission of information over the Internet (including to or from the Software or CameraPro) is not completely secure or error free. In particular, emails to or from CameraPro and information submitted to or accessed via the Software may not be secure and you should use discretion in deciding what information you send to CameraPro via these means.
14.2 Emails to and from CameraPro may undergo email filtering and virus scanning, including by third party contractors. CameraPro does not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code.
14.3 You acknowledge that you use the Program and Software (and obtain and transmit data to it) entirely at your own risk, that it is provided on an ‘as is’ basis and that CameraPro does not make any representations or warranties as to the security, availability of the Program or that your access or use will be uninterrupted, timely or secure.
14.4 CameraPro may suspend your use of the Software and/or Program at any time for maintenance, and will make reasonable efforts to give you prior notice where possible. You acknowledge that this may not be possible in an emergency.
14.5 You are responsible for maintaining and preserving the confidentiality of your Account information (including logins and passwords) and your personal information.
14.6 You must notify CameraPro immediately upon becoming aware of any unauthorised access or use of your Account, password or any other applicable breach of the Program or Software by contacting the support team at email@example.com.
14.7 CameraPro will never request you sensitive information such as log-ins or passwords by email. If you are not sure whether an email you have received is legitimate, please contact the support team at firstname.lastname@example.org.
15.1 CameraPro cannot and does not provide any taxation, financial or legal advice to you. CameraPro recommends that you contact independent professional accountants, financial advisors and/or lawyers for advice before entering into the Program or using the Software.
15.2 It is your sole responsibility to determine and to pay any taxes, duties or other government imposts that apply to any Commission that you are paid by CameraPro.
16.1 Under the Privacy Act 1988 (Cth) and the Australian Privacy Principles (“APP”), CameraPro and its associated entities have obligations in respect to the collection, storage and use of personal information. CameraPro is committed to ensuring that the privacy of all Affiliates is protected.
16.2 More information on your rights under Australian law are available from the Office of the Australian Information Commissioner (“OAIC”) at https://www.oaic.gov.au/.
16.3 Further information on your privacy:
(b) when using the Software is available from https://www.idevdirect.com/policies.php.
16.4 For the purposes of operating the Program, CameraPro may collect the following information:
(a) your name;
(b) your contact information including an address, phone number, fax number, email address;
(c) information necessary to pay your commission such as a name for cheques, PayPal account details, banking details, and/or Australian Business Number;
(d) other information relevant to the administration of the Program.
16.5 CameraPro may also collect personal information directly from you in circumstances where you make direct contact with us by telephone, in writing, or via our website. CameraPro will only use personal information collected in this manner for the purpose of communicating with you or otherwise in accordance with the purpose for which you provided your personal information. 16.6 CameraPro requires the personal information above to operate the Program, and in particular for the following reasons:
(a) for tracking of Sales and payment of Commissions;
(b) for our internal record keeping, accounting, and analytics;
(c) for improvement and refinement of the Program;
(d) for contacting you if there are issues with your Account, or if we have offers or material which we think you may find useful or interesting as an Affiliate, using the email address which you have provided.
16.7 CameraPro does not collect any information deemed to be “sensitive information” under Australian law.
16.8 CameraPro is committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. CameraPro will only hold your personal information for as long as is reasonably necessary for the purpose for which it was collected, or to comply with any applicable legal or ethical reporting or document retention requirements. 16.9 CameraPro does not sell, trade, or rent your personal information to any entity. 16.10 CameraPro may disclose, share or transfer personal information about you:
(a) to the financial institutions, payment processors, email and other service providers with which we operate from time to time;
(b) if we are required to do so by law;
(c) if we receive a lawful request from law enforcement agencies or other government officials;
(d) when we believe disclosure is necessary to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual illegal activity; or
(e) with other third parties with your consent or direction to do so.
Some of the organisations referred to above are located outside Australia. By submitting your personal information you expressly consent to CameraPro disclosing this information to those organisations. Please be aware that these organisations may store your information outside of Australia.
CameraPro will take reasonable steps to ensure that each organisation that it discloses your personal information to is committed to protecting your privacy. By allowing CameraPro to disclose your personal information to other organisations, you also consent to the terms and conditions and privacy policies of these entities, which are available upon request. Please be aware that your personal information may continue to be used by third party organisations following termination of our agreement with them.
16.11 You may request details of personal information which we hold about you. A small fee will be payable. If you would like a copy of the information held on you please email us at email@example.com.
16.12 If you believe that any information we are holding on you is incorrect or incomplete, please email us as soon as possible at firstname.lastname@example.org. We will promptly correct any information found to be incorrect.
17.1 In this clause the following words and phrases have the meaning given in the GST Law: Adjustment, Adjustment Note, GST, GST Group, Input Tax Credits, Representative Member, Taxable Supply and Tax Invoice.
17.2 The recipient of a Taxable Supply made under or in connection with these Terms (“Recipient”) must pay to the party making the Taxable Supply (“Supplier”) the amount of GST in respect of the supply. This subclause does not apply if the consideration specified for the supply is expressly agreed to be GST Inclusive.
17.3 If the amount paid by the Recipient to the Supplier in respect of GST (whether because of an Adjustment or otherwise):
(a) is more than the GST on the Taxable Supply, then the Supplier shall refund the excess to the Recipient;
(b) is less than the GST on the Taxable Supply, then the Recipient shall pay the deficiency to the Supplier.
17.4 The Recipient is not obliged to pay any amount in respect of GST to the Supplier unless and until the Supplier issues a Tax Invoice to the Recipient in respect of the Taxable Supply. If an Adjustment has occurred, the Supplier must issue an Adjustment Note to the Recipient.
17.5 The amount of a party’s entitlement under these Terms to recovery or compensation for any of its costs, expenses or liabilities is reduced by the Input Tax Credits to which that party (or the Representative Member of a GST Group of which the party is a member) is entitled in respect of such costs, expenses or liabilities.
17.6 In these Terms, amounts which are calculated by reference to revenue or profits are calculated on the GST-exclusive component of that revenue or those profits unless expressly provided to the contrary.
18.1 Relationship between parties
(a) You agree that you are an independent contractor and that nothing in these Terms will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and CameraPro.
(b) Nothing in these Terms is to be read as giving you authority to make or accept any offers or representations on behalf of CameraPro.
(c) You must not make any statement or representation, whether on Your Website or otherwise, that contradicts this subclause.
18.2 Entire Agreement
These Terms and all documents referred to in these Terms comprise the entire agreement between you and CameraPro in relation to the Program and Software and supersede all prior agreements between the parties. 18.3 Amendment
(a) CameraPro reserves the right at its sole discretion and at any time to amend these Terms and any documents referred therein by publishing the amended version on the CameraPro Website.
(b) Any amendment to the Terms will have immediate effect from the time that it is published by CameraPro on the CameraPro Website. CameraPro will use its best endeavours to draw your attention to any amendments to the Terms (for example by email or by way of a notice when you log in to the Software). By continuing to use the Program and the Software you are taken to have accepted the amended and most current Terms.
(c) No other amendment to the Terms shall be of any effect without the written consent of CameraPro.
These Terms and Conditions are governed by the laws of the State of Queensland, Australia, and each party submits to the non-exclusive jurisdictions of the courts of the State of Queensland.
(a) Any provision in these Terms which are invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction.
(b) If a jurisdiction does not allow for an exclusion or limitation of liability, but allows for a limitation to a certain maximum extent, then CameraPro’s liability is limited to that extent.
(a) CameraPro may assign its rights and obligations under these terms to any person or business entity.
(b) You may not assign your rights or delegate your obligations under these Terms without CameraPro’s prior written consent.
18.7 Waiver A failure by CameraPro to enforce any provision of these terms and conditions against you or a third party shall not be treated as a waiver of that provision, nor shall it affect CameraPro’s right to subsequently enforce that provision against you or a third party.