If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and Your Site is thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this Agreement.

2. Product linking
You will be advised of the correct linking syntax in your acceptance notice. Products must be linked as described to enable sales to be tracked. No claim for payment unsubstantiated by the advised tracking methods will be considered.

3. Order processing & fulfillment
All sales are conducted by Advance. Orders will be processed and fulfilled as specified by Advance. Advance’s policies for payment, delivery and return prevail. You must not make claims or promises for products and services that cannot be substantiated by Advance in writing. We will track sales made to customers who purchase products using links from your site and will make available to you reports summarising this sales activity.

4. Commissions
You will receive 20% of the revenue as a commission from orders placed by customers who were introduced to Our Site through a link from Your site. Revenue may exclude costs for shipping, handling, taxes, credit card processing, service charges and bad debt. You will also receive 5% of the commission payable to affiliates you have introduced to the Program.

Commission is not payable on orders placed under a subsequent commercial agreement.  This includes but is not limited to customers who become importers, distributors, wholesalers, retailers or resellers of the iMate.

5. Time Period For Commissions
Commissions are payable as outlined in section 4 for a period of 999 days commencing from the date that the customer was first introduced to Our Site through a link from Your Site.

6. Commission Payment
We will pay commission on a monthly basis. Payment will be via PayPal or cheque unless some other arrangement has been made and agreed to by both parties. Approximately 15 days following the end of each month, we will send you the commission earned during that month less any taxes that we are required by law to withhold. If the commission payable to you for any month is less than $US25.00, we will hold this commission until the total amount due is at least $US25.00 or (if earlier) until this Agreement is terminated. If a product that generated a commission is returned by the customer, we will deduct the corresponding commission from your next monthly payment. If there is no subsequent payment, we may send you a bill for the commission or withhold the commission from future payments.

7. Customer policy
All customers referred to Our Site become customers of Advance.

8. Pricing & availability
All products are understood to be available if listed online and at the prices indicated online. If ordered products cannot be delivered at advertised prices due to circumstances beyond Advance’s control, customers and affiliates will be advised of the changed situation and Advance will offer an alternative or immediate refund.

9. Limited License
We grant you a non-exclusive, revocable right to use the graphic images or text we, or a related party, supply in relation to the Program. You may not modify the graphic images or text in any way. We reserve all of our rights in the graphic images and text, our trade names and trademarks, and all other intellectual property rights. We may revoke your license at any time by giving you written notice.

10. Term of the Agreement
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement, for any reason, you will immediately cease use of, and remove from Your Site, all links to Our Site and all iMate trademarks, graphics and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are only eligible to earn referral fees on sales occurring during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not cancelled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

11. Unsolicited Commercial Email
Advance does not participate in mass unsolicited emailing (spamming) and you are expected to adhere to this policy as well. Violation of this policy will result in the termination of this contract and immediate dismissal from the Program, with no refund. Use of opt-in or voluntary subscription emailing lists owned by affiliates does not constitute unsolicited email.

12. Modification
We may modify any of the terms and conditions contained in this Agreement at any time and in our sole discretion by posting a change notice or a new agreement on our site. We will endeavour to notify you of any such modifications. Modifications may include, for example, changes in commissions, schedules, payment procedures, and Program rules. If any modification is deemed unacceptable to you, your recourse is limited to terminating the Agreement. Your continued participation in the Program will constitute binding acceptance of the modification.

13. Relationship of Parties
The relationship between affiliates and Advance is that of independent contractor and nothing in this agreement creates any form of joint venture, partnership, agency, franchise, sales or employment relationship between the parties.

14. Limitation of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

15. Warranty disclaimer
Advance makes no warranties, representations or conditions with regard to the affiliate program or any products or services delivered thereunder, whether express of implied or however arising. This includes without limitation any implied warranty of merchantability or fitness for purpose or any implied warranty arising in any way. Advance makes no representation that its services will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or errors.

16. Waiver
The failure or decision of Advance not to enforce strict compliance with this agreement does not waiver its rights to enforce any part of this agreement at any time.

17. Governing Law
This agreement shall be governed by and construed in accordance with the laws of the State of Victoria and other applicable laws of the Commonwealth of Australia.