Network Public

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Your name, or your business/website name.
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Are you GST registered in NZ *
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GST, VAT or Tax ID no
Affiliate type. *
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How will you promote affiliate offers? *
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Add URL to your website or social profile. *
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Linkshop Terms *
Linkshop Terms of Service for Publishers

The following Terms of Service are a legal contract between You and Linkshop Limited. By agreeing to this contract, or by using the Linkshop platform, You are agreeing to be bound by these Service Terms. 

Please read carefully before proceeding.

Background

Linkshop is a platform that connects Advertisers (or Merchants) to a network of Publishers (or Affiliates) so these Publishers can promote and link to Advertiser products, services and online shops.  Linkshop provides the technology platform for tracking, attribution and analytics, it also administers payments and supports the recruitment and development of relevant Publishers and Advertisers on the network. 

Definitions
 
Advertiser (or Merchant) An individual or business that joins the Linkshop platform to promote their products and/or services to Linkshop’s network of Publishers (or Affiliates). 
  
Publisher (or Affiliate) An individual or business who is signed up to the Linkshop platform and agrees to promote the Advertisers products and/or services for an agreed payment. In this contract the Publisher (or Affiliate) may also be referred to You or Your.

Linkshop (or Linkshop platform, or Linkshop network) The Affiliate Network and Platform operated by Linkshop Limited which enables Advertisers and Publishers to agree and track affiliate marketing Offers. In this contract Linkshop Limited is also referred to us We, Us or Our. 

Offer Is an offer made by Advertisers within the Linkshop platform, which includes Revenue per Sale (commission rate) or Revenue per action that Advertisers agree to pay on Verified Transactions or Actions generated by Publishers tracked and approved via the Linkshop platform

Verified Transaction or Action occurs when an Approved Publisher’s website or other promotional channel sends a visitor to an Advertiser website, and that visitor Completes a Transaction (e.g. purchases a product) or performs an agreed Action (e.g. completes form) during that visit, or within the agreed tracking time-frame

Cost per Sale is the commission rate that Linkshop pays the Publisher as a percentage of Verified Transaction Revenue

Cost per Action is the New Zealand Dollar amount that Linkshop pays the Publisher for each Verified Action
Joining the network

It is free to join the Linkshop network as a Publisher

This agreement comes into effect when you receive an email to notify you that your application to become join the network is approved

Linkshop may reject your application, or seek further information before approving it

To join the Linkshop network as a Publisher you must read these terms of service, tick the box “I agree to network Terms of Service” and click the SUBMIT APPLICATION button

Publisher must accurately disclose promotional methods in application form


Linkshop responsibilities

For Publishers approved to join the Linkshop platform, Linkshop shall grant access to its network advertiser offers within the platform and tools to get links to promote

Linkshop will provide support to Publishers on how the platform works, and a dashboard and tracking within the platform showing clicks, conversions and revenue 

Linkshop shall provide Publishers with transparent reporting and analytics in real time via password protected Login access to the Linkshop platform dashboard

Linkshop shall publish offer payout terms within the Publisher dashboard also

Linkshop and its Advertisers have full discretion to approve or decline your ability to participate in offers.  Not all offers are open to all Publishers. 

Linkshop will notify Advertisers of all Publishers approved to participate

If it occurs that an Advertiser disapproves of a Publisher promoting its Offer, Linkshop will disable offer from that Publisher within 48 hours of being notified. 

Linkshop shall notify Publisher of any changes to Advertiser terms or offer rates via email one week in advance of them taking affect. 



Publisher responsibilities

Publisher websites must not contain or link to any hateful, offensive, defamatory, violent, pornograpic or in anyway objectional content, or promote illegal goods

Publisher must not participate in any promotional activity that is in breach of data privacy laws, unlawfully tracks users, or deploy malicious software and viruses

Linkshop will not review all content on your website, and will not be liable for harm or damages arising from content on, or linked to from, your website

Publisher is solely responsible for disclosing to users their Privacy Policy and use of affiliate links within content and promotional touch points

Publisher shall indemnify Linkshop against any costs (including legal costs), for any claims, losses or damages incurred by Linkshop arising from your website or related digital content

Fraudulent or illegal activity by a Publisher, or end user (for example a purchase made with a stolen credit card, or false leads) is strictly prohibited. If Publisher engages in such activity payments will be withheld and legal action may be taken to recover funds

Publisher must adhere to individual advertiser brand guidelines provided and use approved promotional assets, display banner creative, voucher codes where relevant.

Publishers must not bid on Google Ad Words for merchants brand, this applies to all Linkshop merchants as default.


Technical requirements

To ensure fairness to Publishers, notwithstanding technical constraints Linkshop highly recommends Advertiser to opt for most robust feasible tracking method available, these usually include means beyond third party cookie tracking, and may include

First party tracking solutions where advertiser site stores click ID 
Server to server solutions that bypass reliance on cookies altogether

There are various technical reasons a click may not be tracked, such a browser security issues or the use of ad blockers. In the case of links not effectively being tracked, the Advertiser (and therefore Linkshop) will be unable to pay commission on transaction

Linkshop is not able to or obligated to provide technical support for third party platforms



Fees and payment

Advertiser Offer terms, including the amount Advertiser will pay on any Verified Transactions or Actions are set out within the Publisher dashboard and may include:

Cost  per sale (commission) as percentage of Verified Transaction value
Cost per Action (fixed) payable for Verified Action, e.g. a lead capture or sale
If applicable, any category specific rates, special offers or exemptions

The Cost per Sale (commission rate) paid to Publishers can be amended within the platform, and can vary for select Offers or Publishers (private rates can be agreed)

The Cost per Sale, or Cost per Action shown in the dashboard is the amount paid to the Publisher on Verified Transactions/Actions and already has a Network fee deducted

The total Cost per Sale, or Cost per Action is the amount paid by the Network to the relevant Approved Publishers for causing Verified Transactions and/or Actions

If the Advertiser fails to pay the commissions on Verified Transactions and Actions Linkshop will not pay, or be liable to pay Publishers commission owed

If an Advertiser account becomes suspended for non-payment, or any other breach, Linkshop will not be liable for any losses caused

Publishers will be paid when account balance is more than NZD 100.00

Publishers are paid when transactions are approved and invoices paid by Advertisers, this is usually 50-60 days from month end.  This means commissions earned by Publishers in January for example, will be paid to Publishers in the week of the 20th of March. This time window is required for advertisers to review transactions and deduct any refunded orders, then pay invoices.

Verified Transactions and Actions

A Verified Transaction or Action occurs when an Approved Publisher’s website or other promotional channel sends a visitor to an Advertiser website, and that visitor:

Completes a Transaction (e.g. purchases a product) or performs an agreed Action (e.g. completes form) during that visit, or 
Returns to an Advertiser website to complete a Transaction or Action within the agreed tracking timeframe set within Offer parameters, and
If referrals in this period came from multiple Approved Publishers, the Publisher whose promotion was most recently clicked or seen most recently will be deemed the referring Publisher for that Transaction/Action

Advertiser may set rules for rejecting Transactions they believe to be fraudulent but may not reject Transactions on any grounds considered unreasonable. These rules, including any deduplication method, must be disclosed to Linkshop 

Advertiser has real time access to all Transactions in the Conversion dashboard, and can request Linkshop to reject Transactions on basis of fraudulent activity

If the Advertiser makes the decision to reject a Transaction, and you disagree, this dispute becomes a matter between you and the Advertiser

If Linkshop is requested to assist on any such disputes (outlined in 6. D.), support from Linkshop is provided without prejudice to our rights under the terms of service, and Linkshop is not liable or responsible for the outcome of such disputes

If there are disputes or requests to reject Transactions/Actions these must occur within 30 days of the Transaction/Action taking place in order to be considered

Linkshop may request  further Transactions details from Advertiser for the purpose of audit, testing tracking, or investigating high cancellation requests. Advertisers may not unreasonably withhold relevant information in such cases

If any action or inaction by the Publisher results in legitimate Transactions or Actions not being recorded on Linkshop, Advertiser is liable to pay for them

Offer restrictions 

Publisher must adhere to any offer restrictions set out in the Publisher dashboard only promoted via approved methods

Publishers may contact Linkshop seeking a private offer with Advertiser, however Publisher will not set up any Affiliate Marketing agreement directly with Advertisers within 12 months of  becoming an approved Publishers

If Advertiser disapproves of a Publisher that Linkshop has approved, Advertiser can request to have Offer disabled from Publisher, in this case Linkshop will disable Offer from this Publisher within 48 hours of request

If Advertiser Offer restrictions stipulate unwanted Publisher types or traffic sources (e.g. price comparison sites) Publishers must respect these restrictions

Advertisers may also include other specific restrictions on Offers for example putting a cap on the total number of referrals they will accept in a month

Publisher is responsible for placement/ use of promotional material on its own channels

Indemnification

Linkshop is not liable for any losses or damages incurred to the Publisher that may have resulted from

Any action or inaction by You, or content published on or linked to from Your website
The closure of your account, or termination of You from an Advertiser Offer
Any technical or other problems occurring on the Linkshop platform or on third party platforms or websites linked to from Linkshop
Any fraudulent activity that may occur while using the Linkshop platform, or fees or losses that have occurred while using the Platform
Any viruses or malware that may infect your computer or hardware or software resulting from downloading any file from the Linkshop platform

Confidentiality and Non-solicitation

Confidential Information is any information disclosed to you, marked Confidential or information disclosed to you that is not publicly available. E.g. Publisher details

You must not disclose Confidential Information, or allow Confidential Information to be disclosed to third parties, or use for purposes outside of this agreement
 
If you disclose Confidential Information provided to you there may be a significant financial impact for us and therefore you agree that we may seek an injunction if this occurs, and that you will be liable to pay legal costs of initiating this injunction 

During the term of this agreement you may not solicit or cause any Advertiser on the Linkshop Network to pursue a different provider of the same, or very similar, services or directly provide the same or very similar services to the Advertiser. This does not prohibit you having discussions with Advertisers for other services (e.g. Advertising, other Partnerships) outside of the services offered by Linkshop

You consent that Linkshop may, for the purposes of promoting our Network, publish your name in our promotional channels, unless you have requested us not to, and that only Private Offer details will be treated as Confidential Information 

You consent that any information provided by you, such as emails, suggestions, conversations, ideas, concepts and feedback intended to help optimize the results of your Offers on the Linkshop Platform, will not be treated as Confidential.

You consent that we may contact you via email about new affiliate programs, changes to terms of existing programs and other relevant offers and/or platform notifications. 

Linkshop assures that Transaction data and any data obtained from conversion tracking on Your website will not be shared with third party Advertisers or competitors and will only be used for the following purposes:
To establish what commissions are payable to You to each individual Advertiser that You generated Verified Transactions and/or Actions for 
As a basis for conversion rate estimates for Others to decide to decide whether or not to promote an offer

Goods and Services Tax

For Affiliates that are GST registered, commission include GST, for Affiliates that are not GST registered the commissions are exclusive of GST

If you are GST registered it is your responsibility to ensure that your GST details are accurate and complete within the affiliate portal (and upon sign up).

If you have indicated you are GST registered at the time of payment date, we will issue you with a buyer-created tax invoice. 

Notice of amendments

Linkshop may change functionalities of the platform without providing notice 

Advertiser may propose amendments to Offer terms and conditions giving 7 days notice, unless a shorter notice agreed by Linkshop for practical purposes

Interpretation

Headings are for convenience only and do not affect interpretation.

Mentioning anything after includes, including or similar expressions, does not limit what else might be included

The following rules apply unless the context requires otherwise:
The singular includes the plural, and the converse also applies
If a word or phrase is defined, its other grammatical forms have a corresponding meaning
A reference to a person includes a corporation, trust, partnership, unincorporated body or other entity, whether or not it comprises a separate legal entity. Likewise reference to a corporation or entity also includes employees or partners of that corporation or entity

Reference to a party to this agreement or another agreement includes the party’s successors, permitted substitutes and permitted assigns (and, where applicable, the party’s legal personal representatives);

A word or phrase given a meaning in the Corporations Act has the same meaning in this agreement unless otherwise defined;

A word or phrase given a meaning in the GST Act has the same meaning in this agreement unless otherwise defined
I agree to Linkshop's Terms of Service