Kunnskapsbase

Thank you for your interest in promoting and recommending Tomedia service to your clients.

This document sets out the terms of our agreement for you to be an affiliate both the benefit of your business and Tomedia.

Please read the whole agreement carefully. You agree that this document becomes a legally binding contract between us when you submit your details to request an Affiliate Account with Tomedia to provide you with a personalised affiliate link to use when you refer potential clients to the Tomedia website.

Contact Details

Tomas Heligr-Pyke

Tomedia ABN 58 562 844 181

Email Address admin@tomedia.com.au

Postal Address – please email for postal address details.

Enrolment as Affiliate

Enrolment is via application only through this website.

You will be required to provide your name, full contact details and required payment details for affiliate commission payments.

Tomedia reserves the right to refuse your enrolment application if they believe that you or your clients would not benefit from this affiliate relationship, if there is a lack of shared business values or if there is a risk to Tomedia.

Affiliate Management System

The affiliate relationship with Tomedia is managed through the Tomedia Website using WHMCS.

Affiliate links are tracked by cookies on the end-user’s (whomever the affiliate shares the link with) internet browser for up to 180 days.

End-user must have support for browser cookies for the tracking to work effectively.

Tomedia is not responsible for payment commissions where the Affiliate link has not been tracked for any reason including where the end-user browser cookies are not working to provide the information required to confirm a successful conversion using the Affliate link provided.

As an affiliate, you will receive a commission for all orders of Tomedia products placed through your affiliate link. The commission is calculated solely on the sale of services and product downloads.

Our current commission rates are 5% for domain sales, 25% for hosting, and 5% for all of our other products. This commission can be withdrawn when your balance reaches $100.

All payment and all references to payments or money in this Agreement are in Australian dollars.

Tomedia may change this commission rate at any time, including increasing the commission percentage temporarily for promotional periods, from time to time.

At the conclusion of any promotional period, the rate will return to the regular commission percentage under this Agreement.

In order to generate a commission, the referred client must:

• Use your properly coded affiliate link (it is your responsibility to ensure that the correct link is provided to the client) AND
• Any of Tomedias service in full through the Tomedia Website; AND
• Not request a refund within 30 days of their purchase. (Orders that are refunded for any reason whatsoever do not attract a commission payment.)

Commission payments can be withdrawn when your balance reaches $100., through PayPal or the account that you specify for EFT when you apply to be a Tomedia affiliate.

It is your responsibility to notify Tomedia of any changes to your contact details, email address or account.

The order price charged to clients includes GST.

Tomedia will be responsible for paying the GST on the whole purchase price charged to the client.

You are responsible for meeting all of your tax obligations in respect of your affiliate income, including paying GST out of your commission if you are registered to do so. Your commission will be calculated on the base service or product price LESS GST.

We also offer our direct affiliates a free hosting solution, permitting they meet the required monthly KPIs. These are listed below: 

Australian Consumer Law

Tomedia’s products and service are offered in compliance with Australian Consumer Law. Each product or service package includes a Terms of Purchase document which sets out the applicable refund policies for that product.

Commission on payments processed during the 7-day period before the end of the quarter will be held for the following quarter to ensure the funds are available for a refund if required.

If a client has any problems, difficulties or complaints, this is entirely the responsibility of Tomedia and your commission will not be impacted.

Order delivery and fulfilment

Tomedia is solely responsible for the digital delivery of the service purchased from the Tomedia website. Digital delivery of services, service Bundles and products including Terms of Purchase (via download) is triggered immediately upon payment by the Client.

Your obligations as an affiliate

As an affiliate of Tomedia , you agree

1. You may not supply Tomedia services and products to your clients by any other means other than by your customised Tomedia affiliate link.
2. You are not authorised to collect payments from the sale of Tomedia services or products yourself.
3. You are not authorised to sell Tomedia services and products as a reseller through any other means other than using your official affiliate link.
4. You are not authorised to give away any Tomedia services and products for any reason whatsoever.

Any breach of this term (1-4) will result in immediate termination of your affiliate relationship with Tomedia , and Tomedia reserves the right to take appropriate legal action.

Customer Service

All clients who purchase services or products from Tomedia using your affiliate link become a client of Tomedia and are therefore subject to the terms and condition of working with Tomedia.

There is no client responsibility relationship between you and the purchaser in relation to the services.

The affiliate commission is a fee paid to you for your recommendation and introduction of Tomedia’ service resulting in a client purchasing from Tomedia .

This fee in no way alters either Party’s autonomy to meet their respective obligations of customer service through their individual businesses.

Tomedia may change terms and conditions, business processes, available products and service or prices at any time.  You will be notified where any such change is likely to affect our current affiliate agreement.

Unacceptable Behaviour

You agree that while this affiliate relationship is a means for you to benefit your clients in enabling them to Tomedias services for their business, engaging in spam email or other forms of internet abuse including spamming forums, blogs, twitter, Facebook, or other social media) as a means to market, advertise or solicit sales is strictly prohibited and will result in the termination of this Agreement.

Spam means:

• Emails and email campaigns to people with whom you do not have an existing commercial or personal relationship
• Emails and email campaigns to people who have not consented to receive marketing information and material from you through a properly compliant opt-in subscription
• Posting irrelevant and off-topic message posts in Facebook groups without consideration to the group rules or theme days
• Cold private messaging people with the intention to sell the products the subject of this Agreement.
• Posts and comments on all social media, emails, and personal calls and letters that include unsolicited attempts to sell to the recipient

You may not use your affiliate links to gain commission on your own purchases of Tomedia products or service.

However, if you wish to purchase any Tomedia products or services for your own use, you will be provided with a 5% discount.

Our Relationship

This agreement does not create any partnership, joint venture, agency, franchise, sales representative or employment relationship between you and Tomedia.  Both parties are independent contractors in this affiliate relationship.

You understand and agree

1. You have no authority to make or accept any offers or representations on behalf of Tomedia.
2. You must not make any statement, whether on your website or in any other form, that would reasonably lead clients or members of the public to believe that you do have this authority.

Intellectual Property

You may use wording and imagery from the Tomedia website when directly promoting the services.

You understand and agree:

• These images and copy and any other design resources remain the property of Tomedia ; and
• Your right to use them is limited to the term of this agreement and for the purposes set out in this agreement.
• Your right to use them is non-exclusive; and
• These images and copy and any other design resources are non-transferable and may not share them with another party for any reason;
• These images and copy and any other design resources are provided to you royalty-free for the term of this agreement and for the purpose set out in this agreement only.

You acknowledge that Tomedia is the sole owner of the copyright in the products and service that are being sold under this agreement and that you have had no part in their creation.

Term and Termination

This agreement begins when you are issued with your affiliate link and will ends when it is terminated by either party.

Either party may terminate this agreement at any time, by giving written notice to the other for any reason.  Disclosure of reason is appreciated but not necessary.

On termination of this agreement, all licenses to use Tomedia intellectual property and branding immediately cease.

You must remove any element of Tomedia branding from your website, or anywhere else that it is displayed within 7 days of termination.

A final commission payment (if applicable) will be made on next quarterly payment cycle.

Limitation of Liability

Tomedia is not liable for any damage or financial loss of any kind arising in connection with this agreement or your role as an affiliate, even if Tomedia had the knowledge or should reasonably have suspected that this damage or loss may occur. In any event, Tomedia’ entire liability arising in respect of this agreement or affiliate relationship will not exceed the total commission

paid or payable to you under this agreement. Your liability towards Tomedia is subject to the same limitations.

In undertaking your role as an affiliate, you understand and agree

1. there is no guarantee that you will earn any income from this relationship.
2. Tomedia has no control over or responsibility for WHMCS.
3. Tomedia cannot guarantee that the operation of the website or the affiliate links provided to you will be uninterrupted or error-free.
4. If there is a failure of service through my website, every effort will be made to correct or mitigate the issues arising, however Tomedia cannot be held responsible for any consequences that result from interruptions or errors in the service of these third parties.

Dispute Resolution

The service of Tomedia is located in Brisbane and this agreement is subject to the governing law of Queensland, Australia.

If you have any issue or complaint arising out of this Affiliate Agreement, all parties agree to make a genuine effort to resolve any issues through discussion and negotiation.

If we are unable to resolve a dispute by negotiation and discussion within 14 days, we agree to proceed to mediation with the assistance of an accredited mediator and we agree to share the costs of mediation equally.

Litigation is to be considered as a last resort and may not be commenced until, in the opinion of the accredited mediator, the potential for negotiation and mediation have been exhausted.

We agree that any dispute or issues will be confidential between the parties and the mediator and both Parties will refrain from discussing any dispute or related issues or referring to each other in a disrespectful manner on any social media or public forum. This is to protect both parties’ professional reputation and relationship.

Other Matters

If any part of this agreement cannot be enforced for any reason, that part of the agreement is severed and will not affect the rest of the agreement.

Agreement

This document represents the whole agreement between you and Tomedia and replaces any earlier agreements, undertakings or conversations.

Tomedia may modify this agreement or any of its terms at any time will notify you of any such modifications by providing you with a new copy of this agreement. If you do not agree with any of the modifications, you are invited to discuss your concerns or terminate the affiliate relationship in accordance with the terms of this agreement, if you feel your concerns have not been resolved to your satisfaction.

Failure to provide written notice of termination in accordance with this agreement resulting in your continued participation as an affiliate of Tomedia will be considered evidence of your acceptance of the modified terms.

By proceeding with your application to be an affiliate you are deemed to have read and accepted this Affiliate Agreement and agree to be bound by the terms and conditions contained within it.