AFFILIATE POLICY

Introduction

Welcome to the Swoleys Affiliate Marketing Program (the "Program"). These Terms and Conditions (the "Agreement") form a legally binding contract between Swoleys ("we", "us") and you ("you", "Affiliate"). By applying to or participating in the Program, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

Eligibility and Enrollment

Requirements: Applicants must be at least 18 years of age and reside in New Zealand, Australia, the United Kingdom, or the United States. Affiliates must maintain a valid method for receiving payments (e.g., PayPal, bank account).

Approval: We reserve the right to approve or reject any application at our sole discretion. We may also remove any Affiliate from the Program at any time if they violate the terms of this Agreement.

Relationship of Parties

Independent Contractor: Your relationship with Swoleys will be that of an independent contractor, and nothing in this Agreement is intended to, or should be construed to, create a partnership, agency, joint venture, or employment relationship.

No Employee Benefits: You will not be entitled to any of the benefits that Swoleys may make available to its employees, including but not limited to, group health insurance, holiday pay, sick leave, or Superannuation contributions.

Affiliate Responsibilities & Conduct

Mandatory Disclosure (Advertising Standard): You must clearly and conspicuously disclose your affiliate relationship in all promotions. This means all posts, videos, or communications sharing your affiliate link/code must include a disclosure such as #ad, #sponsored, #affiliate, or a clear statement like "As a Swoleys affiliate, I earn from qualifying purchases." This is a strict requirement to comply with consumer protection laws (e.g., FTA, FTC guidelines).

Anti-Spam Policy: You must comply with all applicable anti-spam laws (e.g., the Unsolicited Electronic Messages Act 2007 in NZ). You are prohibited from sending unsolicited commercial electronic messages. All email marketing must be sent to a list of subscribers who have explicitly opted-in to receive communications from you.

Prohibited Content: You may not associate Swoleys or your affiliate links/codes with any content that is defamatory, obscene, illegal, harassing, or otherwise objectionable.

Authenticity: You must not make false or misleading claims about Swoleys products. All statements must be truthful and reflect your genuine experience.

Commission and Payments

Earning Commission: Commissions are earned on qualifying sales made through your unique, tracked affiliate link or code. The current commission rate will be communicated to you via the Program dashboard. We reserve the right to change commission rates at our discretion with prior notice.

Payouts: It is our general policy to initiate commission payouts once an Affiliate's earned balance reaches a threshold of $100 NZD (or its local currency equivalent).

Verification and Voids: All commissions are subject to review. We reserve the right to reverse or void commissions due to returns, cancellations, chargebacks, or transactions deemed fraudulent. Payouts may be delayed pending an investigation into any potential breach of this Agreement.

Prohibited Promotional Methods

Coupon and Deal Sites: Posting your affiliate code on public coupon or deal aggregation websites (e.g., Honey, RetailMeNot, CouponBird) is strictly prohibited. Discovery of your code on such a site will be grounds for immediate termination and forfeiture of all unpaid commissions.

Paid Advertising: You are strictly prohibited from running paid advertising campaigns using your affiliate link/code. This includes, but is not limited to, search ads (Google, Bing), social media ads (Meta, TikTok, X), and display ads. Violation will result in immediate termination and forfeiture of commissions.

Brand Bidding: You may not bid on keywords that include "Swoleys" or any variations or misspellings thereof in any pay-per-click advertising system.

Taxation

You are solely responsible for all tax obligations arising from any commissions earned under this Agreement. This includes, but is not limited to, paying your own income tax, GST/VAT, and any other applicable taxes or levies in your jurisdiction of residence. We will not withhold any taxes from your payments.

General Provisions

Intellectual Property: We grant you a non-exclusive, revocable right to use our brand assets (logos, images) as provided through the Program for the sole purpose of promoting our products. You may not alter these assets in any way.

Termination: Either party may terminate this Agreement at any time, with or without cause, by giving the other party written notice. Upon termination, you must immediately cease all promotional activities and remove all affiliate links and brand assets.

Limitation of Liability: Swoleys will not be liable for indirect, special, or consequential damages, or any loss of revenue or data, arising in connection with this Agreement or the Program.

Amendment: We reserve the right to update and modify this Agreement at any time. Your continued participation in the Program following a change will constitute your binding acceptance of the revised terms.

Agreement

By participating in the Swoleys Affiliate Marketing Program, you agree to abide by these Terms and Conditions. You understand that any violation may result in the termination of your participation and the forfeiture of any accrued commissions.