Terms & Conditions

 

These Terms and Conditions form a legally binding agreement between an Affiliate applicant (or an approved Affiliate) ("you" or “your”) and Memates.com.au Pty Ltd TA playon products (“playon products”) in relation to the playon products Affiliate program (the "Program") (“agreement”).

For the purposes of the agreement we are using these terms of reference:
  • Throughout this agreement, “we,” “us,” and “our” refer to playon products and “you,” “your,” and “yours” refer to the affiliate.
  • "Affiliate Website" means “Affiliatly”, affiliate account management system https://www.affiliatly.com/af-109216/affiliate.panel
  • “Website” means www.playonproducts.com, www.playonproducts.com.au, www.playonproducts.co.uk and any other playon website (see overview below), mobile or tablet application;
  • “Customer” or “Customers” means a visitor from your website who enters the Website via a link on your website and whose last action is the successful purchase of applicable playon products using a tracking link designated to you. For the avoidance of doubt, it will exclude any end user that is at the time an existing member or account holder of playon products or has previously been a member of playon products;
  • “Data Feed” means anything published on the Website which relates specifically to the market or event, including odds and corresponding event names and descriptions which is made available to the Affiliate in accordance with this agreement;
  • “Unsuitable website” has the meaning given to it in clause 2.1 and its sub clauses;
  • references to playon products discretion means playon products sole and absolute discretion; and
  • The words "including" and "includes" are not words of limitation.

 

Affiliate Program Features:

  • Earn 12% commission on sales of playon SPORT AID products and other products as agreed.
  • Tracked from your unique tracking link or code
  • 365 Days Cookie.
  • Great banners and text links available.
  • Dedicated Affiliate Program Manager.
  • Free, easy and fast sign up process.

 

playon products Affiliate Program Terms & Conditions

Please read the entire agreement. You may print this page for your records.

This is a legal agreement between you and Memates.com.au pty Ltd TA playon products.

By submitting the online application, you are agreeing that you have read and understand the terms and conditions of this agreement and that you agree to be legally responsible for each and every term and condition.

1.Overview

This agreement contains the complete terms and conditions that apply to you joining the playon products Affiliate program of any of the following websites: www.playonproducts.com, www.playonproducts.com.au, www.playonproducts.co.uk playon has other associated websites for product and promotional purposes and the term “Any playon website “also includes but is not limited to:

www.playonplayhard.com.au, www.paingone.com.au, www.playonsportaid.com, www.sportaid.com.au.

The purpose of this agreement is to track referral sales to www.playonproducts.com and /or www.playonproducts.com.au and/ or www.playonproducts.co.uk and /or any websites owned by playon products from a tracking link, QR code, coupon code and or email tracking link that is designated to you.

2.Affiliate Obligations

2.1. To begin the registration process, you must complete and submit the online application at the https://playonproducts.com.au/pages/playon-products-affiliate-program.

The fact that we may auto-approve applications does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion.  We may cancel your application if we determine that you or your site is unsuitable for our Program, including if it: 

2.1.1. Promotes sexually explicit materials

2.1.2. Promotes violence

2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

2.1.4. Promotes illegal activities

2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law

2.1.6. Includes “playonproducts.com or playonproducts.com.au” or variations or misspellings thereof in its domain name or any domain name owned by playon products.

2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.

2.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.

2.1.9. You may not change or modify any playon branding on any affiliate media type.

2.1.10. You may not pass on any banner (with or without tracking cookie) to another / associated website without approval of playon products, who will distribute to you the appropriate banner.

2.1.11. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website, brand or logos nor design your website in a manner which leads customers to believe you are playonproducts.com or any other affiliated business.

2.2. As a member of the playon products Affiliate program, you will have access to “Affiliatly”, affiliate account management system https://www.affiliatly.com/af-109216/affiliate.panel.  Here you will be able to review our Program’s details and previously-published affiliate newsletters, download HTML code (that provides for links to web pages within the playon products or any playon website) and banner creatives, browse and get tracking codes for our coupons and deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide to you.

2.3. playon products and/or any playon website reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.

2.4. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance. 

2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third-party rights.

3.playon products Rights and Obligations

3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our website  are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the playon products Affiliate Program.

3.2. playon products and/or any playon website reserves the right to terminate this agreement and your participation in the playon products and/or any playon website affiliate program immediately and without notice to you should you falsify any claim, commit fraud, or break any law regarding cyber security, internet usage and commerce, in your use of the playon products and/or any playon website affiliate program or should you abuse this program in any way.

3.2.1 If such fraud or abuse is detected, playon products and/or any playon website shall not be liable to you for any commissions for such fraudulent sales.

3.2.2 If such fraud or abuse is detected playon products and/or any playon website or other company entity will reserve the right to involve the appropriate law enforcement entity to apply local, country or international law as well as seek damages where applicable.

3.3. This agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.

4.Termination

Either you or we may end this agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail or email. In addition, this agreement will terminate immediately upon any breach of this agreement by you.

5.Modification

We may modify any of the terms and conditions in this agreement at any time at our sole discretion. Modifications may include, but are not limited to, changes in the payment procedures and playon products and/or any playon website ’s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this agreement. Your continued participation in playon products and/or any playon website ’s Affiliate Program following the posting of the change notice or new agreement on our site will indicate your agreement to the changes.

6.Payment

playon products and/or any playon website uses a third-party system to handle all of the tracking and may use a third party to complete payments. All affiliate commissions for affiliates are paid in AUD dollars via PayPal deposit. You will need to update your PAYPAL details in your Affiliate account and once you reach $100 commission you will received a payment.

If you are registered for GST then you will need to provide us with a Tax Invoice. If you are not registered for GST then you are not required to provide us with anything

7.Access to Affiliate Account Interface

You will create a password in “Affiliatly”, so that you may enter the playon products (and/or any playon website), secure affiliate account interface. From that site you will be able to receive your reports that will describe our calculation of the commissions due to you, obtain QR codes, Affiliate links, Banners and update your profile details.

8.Promotion Restrictions & Security

8.1. You are free to promote your own website s, but naturally any promotion that mentions playon products and/or any playon website could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by playon products and/or any playon website. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote playon products and/or any playon website so long as the recipient is already a customer or subscriber of your services or website, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote playon products and/or any playon website so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your websites as independent from playon products and/or any playon website.  If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this agreement and your participation in the playon products and/or any playon website Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated, due to such unacceptable advertising or solicitation.

8.2. Affiliates that leverage other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as playon products and/or any playon website, and/or any misspellings or similar alterations of these, or any other of our services, products or domain names – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from any playon website and/or any playon website  affiliate programs. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.

8.3. An Affiliate shall not transmit any so-called “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 playon products and/or any playon website  sites (i.e., no page from our site or any playon products and/or any playon website  content or branding is visible on the end-user’s screen). As used herein a “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of playon products and/or Any playon website  sites in IFrames, hidden links and automatic pop ups that open playonproducts.com and/or any playon website; (d) targets text on website s, other than those website s 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on website s 100% owned by the owner of the application.

8.4. An Affiliate shall not modify, leverage or use links and banners as a means of undermining the logical security of any playon or other customer sites / instance, or pose as a cyber threat to the playon enterprise in any way, to spread or transmit Viruses, Advanced Persistent Threats, Phishing, Trojans, Botnets, Ransomware, Distributed Denial of Service (DDoS), Wiper Attacks, Intellectual Property Theft or Root Kits.

9.Grant of Licenses

9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of playon products and/or any playon website affiliate program. You agree that all uses of the licensed materials will be on behalf of playon products and/or any playon website and the good will associated therewith will inure to the sole benefit of playon products and/or any playon website. 9.2. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.

10.Disclaimer

playon products and/or any playon website makes no express or implied representations or warranties regarding playon products and/or any playon website service and website or the products or services provided therein, any implied warranties of playon products and/or any playon website ability, fitness for a particular purpose, and non-infringement are expressly disclaimed and excluded. In addition, we make no representation that the operation of our site will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors.

11.Representations and Warranties

You represent and warrant that:

11.1. This agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;

11.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this agreement and to perform your obligations under this agreement, without the approval or consent of any other party;

11.3. You have sufficient right, title, and interest in and to the rights granted to us in this agreement.

12.Limitations of Liability

We will not be liable to you with respect to any subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory for any indirect, incidental, consequential, special or exemplary damages (including, without limitation, loss of revenue or goodwill or anticipated profits or lost Business), even if we have been advised of the possibility of such damages. Further, notwithstanding anything to the contrary contained in this agreement, in no event shall playon products and/or any playon website cumulative liability to you arising out of or related to this agreement, whether based in contract, negligence, strict liability, tort or other legal or equitable theory, exceed the total commission fees paid to you under this agreement.

13.Indemnification

You hereby agree to indemnify and hold harmless playon products, and/or any playon website, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.

14.Confidentiality

All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

15.Miscellaneous

15.1. You agree that you are an independent contractor, and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and playon products and/or any playon website. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.

15.2. Neither party may assign its rights or obligations under this agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.

15.3. This agreement shall be governed by and interpreted in accordance with the laws of Australia, without regard to the conflicts of laws and principles thereof. Any legal action arising out of this agreement shall be litigated and enforced under the laws of Australia. In addition, you agree to submit to the jurisdiction of the courts of the state of New South Wales, Australia, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of Australia.

15.4. You may not amend or waive any provision of this agreement unless in writing and signed by both parties.

15.5. This agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.

15.6. The headings and titles contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of this agreement.

15.7. If any provision of this agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.