Caveri Affiliate Agreement
This Affiliate Programme Agreement (“Agreement”) is made between LKT Group Pty Ltd, trading as Caveri (“Caveri,” “we,” “us,” or “our”), and you, the Affiliate (“Affiliate,” “you,” or “your”).
1.2 If we approve your application, you will be notified via email. Your participation in the Programme is subject to the terms of this Agreement.
2.2 You are responsible for the development, operation, and maintenance of your website and for all materials that appear on your website.
2.3 You shall not use any Caveri trademarks or logos without our express written consent.
3.2 Customers who purchase products through your affiliate link will be deemed to be our customers. Accordingly, all our rules, policies, and operating procedures concerning customer orders and service will apply to those customers.
4.2 The commission rate will be specified in your Affiliate account and may be updated from time to time. We reserve the right to change the commission rate at any time.
4.3 Commissions will be paid monthly in Australian Dollars (AUD), for orders completed 45 days prior, provided that your account balance meets the minimum payout threshold specified in your Affiliate account. Payments will be made via Paypal and may be subject to applicable bank fees and currency conversion charges.
4.4 Commission calculations will be based on the net sale amount of eligible products, excluding any taxes (such as GST), shipping charges, handling fees, and other additional charges. Returns, refunds, and cancelled orders will be deducted from the commission calculations.
5.2 Either party may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination.
9.2 Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Australia.
9.3 By participating in the Caveri Affiliate Programme, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
10.2 Both parties agree to comply with all provisions of the ACL, including but not limited to prohibitions on misleading or deceptive conduct, false or misleading representations, and unconscionable conduct.
10.3 Affiliate acknowledges that any terms in this Agreement that are deemed unfair contract terms under the ACL may be void and unenforceable.
11.2 Affiliate must not make any false or misleading claims about Caveri products or services.
11.3 Affiliate agrees to comply with the Australian Association of National Advertisers (AANA) Code of Ethics, the Australian Competition and Consumer Commission’s guidelines for social media influencers, and other relevant industry codes in all promotional activities.
12.2 Affiliate must provide a clear privacy policy on their website that explains how personal information is collected, used, and protected.
13.2 All electronic marketing communications must include a functional unsubscribe mechanism and accurate sender information.
14.2 If the dispute cannot be resolved through negotiation, either party may refer the matter to mediation or arbitration before pursuing legal action.
14.3 Nothing in this clause prevents either party from seeking urgent injunctive or equitable relief from a court of competent jurisdiction.
15.2 Affiliate acknowledges that all intellectual property rights in Caveri products and brand assets remain the property of Caveri.
15.3 Affiliate agrees to comply with all Australian copyright and trademark laws in their use of Caveri’s intellectual property.
16.2 This indemnification clause does not exclude or limit any rights or remedies that cannot be excluded or limited under Australian law.
17.2 By participating in the Caveri Affiliate Programme, you acknowledge that you have read, understood, and agree to be bound by this Agreement, which complies with Australian laws and regulations.
18.2 Both parties are responsible for their own taxation obligations and should maintain appropriate records as required by the Australian Taxation Office.
1. Enrolment in the Programme
1.1 To begin the enrolment process, you must submit an application to join our Affiliate Programme. We will evaluate your application and notify you of your acceptance or rejection. We may reject your application if we determine that your website or promotional methods are unsuitable for our Affiliate Programme.1.2 If we approve your application, you will be notified via email. Your participation in the Programme is subject to the terms of this Agreement.
2. Promotion of Caveri Products
2.1 You may promote Caveri products through social media, blogs, or your own websites. All promotional activities must comply with this Agreement and any guidelines provided by Caveri.2.2 You are responsible for the development, operation, and maintenance of your website and for all materials that appear on your website.
2.3 You shall not use any Caveri trademarks or logos without our express written consent.
3. Order Processing and Fulfilment
3.1 We will process orders placed by customers who follow the affiliate links from your website, social media, or blog to the Caveri website. We reserve the right to reject orders that do not comply with our policies and procedures.3.2 Customers who purchase products through your affiliate link will be deemed to be our customers. Accordingly, all our rules, policies, and operating procedures concerning customer orders and service will apply to those customers.
4. Commission and Payment
4.1 You will receive a commission on Qualified Purchases made by customers referred through your unique affiliate link. A “Qualified Purchase” is a sale of Caveri products to a customer that you refer to the Caveri website, provided that the customer’s order is not canceled or returned.4.2 The commission rate will be specified in your Affiliate account and may be updated from time to time. We reserve the right to change the commission rate at any time.
4.3 Commissions will be paid monthly in Australian Dollars (AUD), for orders completed 45 days prior, provided that your account balance meets the minimum payout threshold specified in your Affiliate account. Payments will be made via Paypal and may be subject to applicable bank fees and currency conversion charges.
4.4 Commission calculations will be based on the net sale amount of eligible products, excluding any taxes (such as GST), shipping charges, handling fees, and other additional charges. Returns, refunds, and cancelled orders will be deducted from the commission calculations.
5. Term and Termination
5.1 The term of this Agreement will begin upon our acceptance of your Affiliate application and will end when terminated by either party.5.2 Either party may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination.
6. Modification
6.1 We may modify any of the terms and conditions in this Agreement at any time. You will be notified of any changes, and your continued participation in the Affiliate Programme following the posting of any changes constitutes your acceptance of such changes.7. Relationship of Parties
7.1 You and Caveri are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.8. Limitation of Liability
8.1 Caveri will not be liable for any indirect, special, or consequential damages arising in connection with this Agreement or the Affiliate Programme, even if we have been advised of the possibility of such damages.9. Governing Law
9.1 This Agreement shall be governed by and interpreted in accordance with the laws of Australia.9.2 Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Australia.
9.3 By participating in the Caveri Affiliate Programme, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
10. Compliance with Australian Consumer Law
10.1 This Agreement is subject to the Australian Consumer Law (ACL) as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).10.2 Both parties agree to comply with all provisions of the ACL, including but not limited to prohibitions on misleading or deceptive conduct, false or misleading representations, and unconscionable conduct.
10.3 Affiliate acknowledges that any terms in this Agreement that are deemed unfair contract terms under the ACL may be void and unenforceable.
11. Disclosure Requirements
11.1 Affiliate must clearly and prominently disclose that you earn a commission on any sales made through your affiliate links, including social media posts, blog articles, and website content.11.2 Affiliate must not make any false or misleading claims about Caveri products or services.
11.3 Affiliate agrees to comply with the Australian Association of National Advertisers (AANA) Code of Ethics, the Australian Competition and Consumer Commission’s guidelines for social media influencers, and other relevant industry codes in all promotional activities.
12. Privacy and Data Protection
12.1 Both parties agree to comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles in the collection, use, storage, and disclosure of personal information.12.2 Affiliate must provide a clear privacy policy on their website that explains how personal information is collected, used, and protected.
13. Spam and Electronic Marketing
13.1 Affiliate agrees to comply with the Spam Act 2003 (Cth) and must not engage in the sending of unsolicited commercial electronic messages.13.2 All electronic marketing communications must include a functional unsubscribe mechanism and accurate sender information.
14. Dispute Resolution
14.1 In the event of a dispute, both parties agree to attempt to resolve the matter through good faith negotiations.14.2 If the dispute cannot be resolved through negotiation, either party may refer the matter to mediation or arbitration before pursuing legal action.
14.3 Nothing in this clause prevents either party from seeking urgent injunctive or equitable relief from a court of competent jurisdiction.
15. Intellectual Property Rights
15.1 Caveri grants Affiliate a limited, non-exclusive, non-transferable licence to use Caveri’s intellectual property solely for the purpose of promoting Caveri products in accordance with this Agreement.15.2 Affiliate acknowledges that all intellectual property rights in Caveri products and brand assets remain the property of Caveri.
15.3 Affiliate agrees to comply with all Australian copyright and trademark laws in their use of Caveri’s intellectual property.
16. Indemnification
16.1 Affiliate agrees to indemnify and hold harmless Caveri from any claims, damages, or expenses arising from Affiliate’s breach of this Agreement or violation of any applicable laws.16.2 This indemnification clause does not exclude or limit any rights or remedies that cannot be excluded or limited under Australian law.
17. Severability
17.1 If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.17.2 By participating in the Caveri Affiliate Programme, you acknowledge that you have read, understood, and agree to be bound by this Agreement, which complies with Australian laws and regulations.
18. GST and Taxation
18.1 All amounts in this Agreement are expressed in Australian Dollars (AUD) and are exclusive of GST unless otherwise stated.18.2 Both parties are responsible for their own taxation obligations and should maintain appropriate records as required by the Australian Taxation Office.