Affiliate Terms and Conditions

Hi, we are On Your Terms (called we, us or our below). These terms and conditions (called Terms below) relate to our affiliate programme, where we provide a commission to referrers in exchange for new customer referrals (called Affiliate Programme below). These Terms apply to any person or business who participates in our Affiliate Programme (called you or your below). We may change these Terms at any time by updating them on our website.

Affiliate Programme and links

  • To join our Affiliate Programme, click on the link you receive by email to set up your affiliate account. By setting up this account and participating in our Affiliate Programme, you agree to these Terms.
  • Once you’ve set up your account, your dashboard will show your unique referral link to our website (called Your Link below). You can provide this link to any potential customer you wish to refer to us. All purchases generated via Your Link will be reflected within your dashboard.
  • You are responsible for maintaining the security of your account information, including using strong passwords, enabling two-factor authentication if available, and not sharing your login credentials with others.

Commission and payment

  • When a potential customer clicks on Your Link, it will take them to our website’s Home Page. If that customer is a new On Your Terms customer (ie, they have not previously purchased or used any On Your Terms products or services), we will pay you a fixed percentage of the sale price of the relevant product as commission on any purchases they make in the following 60 days.
  • The percentage amount will be as stated in the ‘Commission Details’ tab of your dashboard in your affiliate account. We may amend the commission percentage by giving you 10 days' notice by email.
  • All commissions owed to you will be shown on your account dashboard. Commission will be paid in New Zealand dollars.
  • We will pay you any commission (plus GST, if applicable) on or before the 15th of the month following the month in which the commission is earned. We will email an invoice to you and pay the commission by bank transfer to the New Zealand bank account number you provide. You must tell us whether you are registered for GST when you sign up. You must also notify us if you cease to be registered for GST (within 7 days of the date you were de-registered).
  • We do not guarantee you any commission payments for participating in our Affiliate Programme. You will only be paid a commission payment if a new customer you refer to us makes a purchase using Your Link.

Relationship

  • The relationship between us is principal and independent contractor, you are not acting as our agent.
  • These terms and conditions apply to all affiliates participating in our Affiliate Programme and are not exclusive to you and us. You have the right to recommend similar products, and we have the right to pay a commission to any other affiliates who participate in our programme.

Intellectual Property

  • We and you continue to own any intellectual property rights owned before you joined the Affiliate Programme, or as created outside these Terms. All intellectual property in content produced by us or on our behalf, including our products, blogs and website copy, belong to us.
  • You and we both grant the other a non-exclusive, royalty-free, non-transferable, non-sublicensable right to use any pre-existing intellectual property rights (including logos, brand names and trademarks provided to each other) required to perform its obligations under these Terms. This includes, for you, a right to use our intellectual property to promote our products, and, for us, a right to use your intellectual property when referring to you as a member of our Affiliate Programme.

Affiliate rules and liability

When participating in our Affiliate Programme, you must not:

  • attempt to sell to users seeking to purchase directly from us by using search engine marketing or pay-per-click marketing campaigns. For example, by paying for search terms such as ‘On Your Terms’, ‘On Your Terms NZ’ or ‘www.onyourterms.co.nz’ (or any variations or misspellings of these);
  • misrepresent our products, services, or the terms of our Affiliate Programme in any communication or promotional material;
  • use our intellectual property, including trademarks, logos, and product images, in any way not expressly authorised by these Terms;
  • engage in any form of spamming, including unsolicited emails or messages, to promote Your Link;
  • engage in unethical activities such as fraud, creating fake accounts to generate commissions, or manipulating our Affiliate Programme in any way;
  • break any applicable laws in your promotion of our products and participation in the Affiliate Programme, including the Fair Trading Act 1986, Privacy Act 2020 and the Unsolicited Electronic Messages Act 2007; or
  • damage our reputation, brand, or goodwill in any way, including by sharing any false or misleading information.

If you do, we may immediately cancel your account and your participation in our Affiliate Programme, and you must pay us the full amount of any costs or loss we experience because of your involvement in our Affiliate Programme. This includes if another person makes a legal claim against us for something you do.

We are not responsible for paying for any loss of profit, sales, savings or other consequential or indirect loss incurred by you because of the Affiliate Programme or these Terms.

Neither you nor us are responsible for failing to meet any obligations in this agreement due to an event or situation beyond our reasonable control (such as a natural disaster or pandemic) which makes it impossible or illegal to perform those obligations.

Cancellation of Affiliate Account

We can cancel your affiliate account and participation in our Affiliate Programme at our option on 30 days’ written notice by email. We can also cancel your account immediately where you:

  • fail to comply with these Terms (including the Affiliate Rules above); or
  • fail to generate any sales through Your Link for a consecutive 12-month period.

If your account is cancelled, you must stop using Your Link and any of our intellectual property. Any outstanding commissions at the time of termination will be paid in line with our regular payment schedule, unless termination is due to a violation of these Terms or fraudulent activity (in which case we can withhold any unpaid commission).

Our other terms

Our Privacy Policy sets out our commitments regarding any personal information we collect from you or our customers. Our Terms of Use set out the terms that apply to anyone visiting our website or social media account or purchasing a product from us.

Notices and the law that applies to these Terms

We will provide any notice that is to be sent by email to the email address you provide when you sign up to the Affiliate Programme. The notice will be considered received when the email is sent (during business hours on business days in the place of receipt).  

New Zealand law applies to these Terms. Any dispute relating to these Terms that we cannot resolve with you must be resolved in the New Zealand courts.