Introduction

You need to read through these terms and conditions with care. We may occasionally change these terms and conditions in which case we will notify you by email. By clicking on the "Join Now" button at the bottom of this page, you have agreed to the following adultshop.com Affiliate Agreement Terms & Conditions:

adultshop.com agrees to pay the Affiliate a commission based on all sales that have been generated via a hyperlink containing the Affiliate's Link Code and the Affiliate's ID in the exact form as set out in the Affiliate Information section.

Affiliate's Obligations

The Affiliate acknowledges that: It has entered into this Agreement once it submits a completed affiliate application form and it will abide by adultshop.com's terms and conditions.

Affiliates should provide their Australian Business Number (ABN), otherwise the Australian Tax Office automatically withholds 48.5% from your commission payments. Some affiliates may be eligible for exemption from this rule and if this applies to you, we request that you notify us to ensure that your commission payment is not withheld. If you are unsure whether you need to provide your ABN, please contact us or the Australian Tax Office for advice.

The Affiliate agrees to provide AdultShop.com with up to date and accurate account information about you and your organisation (such as contact information, banking details, website URL etc).

The Affiliate agrees that they will not use in their domain name, display URL, ad copy nor purchase or register in any search, referral or advertising service (such as the Google Adwords program or Yahoo's Overture Search Marketing), unless they have obtained prior explicit written permission from AdultShop.com Ltd., the following terms:

• Any AdultShop.com company trademarks including www.adultshop.com, www.adultshop.com.au , adultshop.com and adultshop.com.au.
• Variations or misspellings of any AdultShop.com company trademarks including but not limited to: www.adultshop,com”, “adultshop.com.au”, “www.adult-shop.com”, “www.adult-shop.com.au”, “www,adultshop.com”, “www,adultshop.com.au”, “wwwadultshop.com”, “wwwadultshop.com.au”, “www.adultshop”, “adult.shop.com”, “adult.shop.com.au”, “ww.adultshop.com”, “ww.adultshop.com.au”

adultshop.com acknowledges that:

• On completion of the application form by the affiliate, adultshop.com will issue an Affiliate ID with instructions on how to link to adultshop.com to ensure the accurate tracking of commissions.
• adultshop.com will, to the best of its ability, ensure that the affiliate tracking mechanism correctly identifies those purchases made by users who have arrived at the adultshop.com Website via a hyperlink containing the Affiliate ID.
• adultshop.com will provide the Affiliate with a user name and password that allows the Affiliate to access a management page from which the Affiliate can view the current status of their account.
• adultshop.com will provide the Affiliate with a range of graphics that may be used by the Affiliate for the purpose of creating links to adultshop.com
• adultshop.com retains responsibility for fulfilling any orders placed by a user who has been identified as coming from the Affiliate's site.

The amount of commission the Affiliate will receive for each sale is set out in the Commission Schedule. adultshop.com does not guarantee that the promotion of its goods by the Affiliate will lead to any sales.

Payment

• On the 15th of every month, adultshop.com will issue payments to Affiliates based on their commission earned over the previous one-month period.
• The Preferred method of payment is a direct deposit via wire transfer. Please be sure to complete your bank details is full. Should you wish to receive payment via cheque, a processing fee of $20 will apply.
• adultshop.com may refuse to pay any amount that appears to be a fraudulent transaction either in the invoice period or from any preceding invoice period.
• Where a customer is refunded the purchase price of the Merchandise and this cost is charged back to adultshop.com, adultshop.com reserves the right to deduct the amount of commission that has already been paid to the Affiliate for this sale from the next commission period.
• adultshop.com reserves the right to not pay commission amounts of less than $100. Commissions less than $100 shall accrue into the next commission period.

The Affiliate warrants that:

• It will not modify the adultshop.com logo, the graphic image or text, in any way.
• It will not make any use of the images available on the Affiliate Promotion section for any purpose other than to indicate a link to adultshop.com.
• It will not disclose its Affiliate ID and password to any third party.
• The Affiliate's website is not used for any purpose or activity of an illegal, fraudulent or defamatory nature.
• It will not disclose any information relating to sales or commissions achieved via the Affiliate Program without permission from adultshop.com.
• It will take all reasonable measures to ensure that minors are not directed to the adultshop.com website. In the case of a non-adult affiliate website, the linking must be to the adultshop.com warning page (http://shop.adultshop.com.au/warning.html). Non-adult websites must not link to any other page on the website. If the affiliate website is of an adult nature, it may link to any adultshop.com page provided that the affiliate website's users have already been subject to an age verification mechanism and the affiliate site can warrant that the users it is referring are adults.
• It will not make any commitments or representations on behalf of adultshop.com with regard to any relationship entered with other third parties.
• It will not directly or indirectly offer incentive for any commission earning activity for clicking on the adultshop.com coded link unless authorised by adultshop.com.

• adultshop.com does not warrant that the adultshop.com Website will be fault free or available at all times.
• adultshop.com will use reasonable commercial endeavours to ensure the uninterrupted operation of the adultshop.com Website.

adultshop.com is not liable to the Affiliate or any other person for any cost, loss or liability (including loss of profit or other consequential damage) arising from the Affiliate's failure or delay in complying with its obligations under this Agreement; and the content, context or confidentiality of the communications made in relation to the adultshop.com Website. Where any legislation implies any term or warranty that cannot be excluded, then that implied term or warranty is deemed to be included in the Agreement.

Intellectual Property

It is expressly understood this Agreement shall not:

• Affect any intellectual property rights which reside in adultshop.com as at the date of this Agreement or to any additional intellectual property rights which may arise in respect of enhancements, modifications or alterations to adultshop.com at any time thereafter. The Affiliate acknowledges adultshop.com's title and interest in and to adultshop.com both as at the date of this Agreement and thereafter and expressly agrees that it shall take no action or inaction which in any way harms, threatens or jeopardizes adultshop.com's intellectual property rights;
• Limit any future use or licence of adultshop.com and the underlying technology by adultshop.com with any third party; and
• The provision by adultshop.com to the Affiliate of graphics is a limited licence with respect to linking to the adultshop.com Website only.

adultshop.com reserves the right to amend this Agreement at any time by giving notice of the change by email. You may review any revised Terms and Conditions for up to seven days after adultshop.com has sent notification. After the seven day period all revised content will automatically take effect and become enforceable.

Termination

adultshop.com may terminate this Agreement immediately if:

• The Affiliate's website comprises or is used for any purpose or activity of an illegal, fraudulent or defamatory nature.
• adultshop.com does not feel that the continuance of this Agreement is in its best interest.
• The Affiliate breaches any term of this Agreement which is not capable of being remedied; or
• The Affiliate fails to rectify a breach of this Agreement which is capable of being remedied within 7 days of adultshop.com serving notice on the Affiliate requiring them to rectify the breach.

Entire Agreement

This Agreement is the entire agreement of the parties on the subject matter. All communications and prior agreements in relation to the subject matter are superseded by this Agreement.

Confidentiality

The Affiliate is under a specific obligation not to disclose to a third party the username and password provided to them by adultshop.com, as well as any other information relating to sales revenue generated as a result of their participation in this Agreement, unless adultshop.com specifically agrees in writing to such disclosure by the Affiliate. The obligations imposed by this entire clause shall continue in full force and effect not withstanding the termination of this agreement.

Commission Schedule

Subject to the Terms and Conditions (as listed above), adultshop.com will pay you a commission of 25% of the amount it actually receives for sales of products from consumers, less any taxes that it may be required to withhold, that accessed the adultshop.com Website via a hyperlink from your website. The commission will only be paid on the value of the product (as listed on the adultshop.com Website). No commission will be paid on any additional charges incurred by Adultshop.com or the consumer such as, but not limited to, taxes and shipping. No commission will be paid on goods returned at a cost to adultshop.com or through fraudulent activities.

Terms and Conditions are Binding

By clicking below you are acknowledge that you have read and understood the Terms & Conditions and agree to be bound by them.