Golf Budy Affiliate Program Terms and Conditions

The Terms of Use of this Affiliate Agreement is effective from the date on which the applicant Affiliate registers as an Affiliate by completing the SCHEDULE contained in this Agreement.                               

Parties

This Agreement is between Starnex Holdings Pty Ltd t/as Golf Budy ABN: 5608 045 3256 a company duly incorporated in the State of New South Wales, for the purpose of this document shall be know as Golf Budy

AND

The Affiliate as described in Item 1 of the SCHEDULE

INTRODUCTION

A. Golf Budy operates websites [“the Golf Budy websites”] which offer a number of services related to golf players introduction service

B. The Affiliate operates other websites [collectively referred to as “the Affiliate website”]

C. Golf Budy wishes to display links to the Golf Budy websites on the Affiliate website and the Affiliate agrees to display the links to the Golf Budy websites on the following terms and conditions 

AGREEMENT

1.  Definitions & Interpretation

1.1 Definitions

For the purposes of this Agreement, the following terms will, unless the context otherwise requires, have the following meanings: 

“Business Day” means any day not being a Saturday or a Sunday or a Public Holiday;

“Intellectual Property Rights” means copyright, trademarks, trade secrets, design, patent, trade, domain business or company names or other like statutory or proprietary rights, or any rights to registration of such rights, whether created before, on or after the date of this Agreement;

"Party" means any party to this Agreement and “Parties” means all of them;

“send” means to send by email, facsimile or pre-paid post

www. Means the World Wide Web

1.2      Interpretation

Headings are for convenience only and do not affect interpretation.  The following rules apply, unless the context requires otherwise:

(a) The singular includes the plural and vice versa;

(b) Reference to one gender includes all genders;

(c) Where a word or phrase is defined, its other grammatical forms have a corresponding meaning.

(d) A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of the foregoing.

(e) A reference to a Clause, Annexure or Schedule is a reference to a clause, or annexure or schedule of this Agreement.

(f) A reference to a Party includes the Party's permitted substitutes, assignees and legal personal representatives.

(g) A reference to an agreement or document is a reference to the agreement or document as amended, novated, supplemented or replaced from time to time, except to the extent prohibited by this Agreement.

(h) A reference to conduct includes, without limitation, an omission, statement or undertaking, whether or not in writing.

(l) Unless otherwise stated in this Agreement any dollar amount payable is expressed exclusive of Goods and Services Tax [‘GST”]

Implementation

2. The Affiliate hereby agrees to display on the Affiliates website a link to the Golf Budy websites and at all times this link will contain an express acknowledgement of the Golf Budy websites the subject of the link

3. The placement of the link on the Affiliates website will be agreed between the parties

4.  THE FEE

4.1 In consideration for the display of the link on the Affiliates website Golf Budy will pay to the Affiliate a Fee as described in Item 2 of the SCHEDULE subject to the following conditions [each of which is hereinafter referred to as “the Event”]:

(a) The user of the link registers as a paying member of the Golf Budy website the subject of the link or

(b) The user of the link renews its membership as a paying member of the Golf Budy website the subject of the link or

(c) The user of the link is a female and registers as a paying member of the Golf Budy website the subject of the link

4.2 On the last business date of each calendar month or as soon as possible thereafter Golf Budy will send to the Affiliate a payment stating the Fee due to the Affiliate.

4.3 Upon receipt of Payment Statement the Affiliate will send to Golf Budy a Tax Invoice stating the same Fee due to the Affiliate

4.4 Subject to the provisions of clause 4.5 herein the Fee will be paid by Golf Budy to the Affiliate within 10 Business days of receipt of the Tax Invoice described in clause 4.3 of this Agreement [ the “Payment Date”].

4.5 In the event that Fee payable by Golf Budy to the Affiliate on any Payment Date is less than $200.00 then the Fee will accrue and will be paid upon the next Payment Date when the total Fees payable by Golf Budy to the Affiliate is a minimum of $200.00 dollars.

5. Protection of the Intellectual property of Golf Budy

Except for the limited use set out in clause 2 herein the Affiliate will not use the Golf Budy websites or the contents, including the Intellectual Property, on the Golf Budy websites or related to the Golf Budy websites for any purpose including:

(a) the reproduction of the contents in any material form;

(b) the distribution of the contents in any material form;

(c) re-transmission of the contents by any medium of communication;

(d) uploading and/or reposting the content to any other site on the www;

(e) “framing” the contents on the Website with other contents on any other www sites.

6. Golf Budy reserves all Intellectual Property in the contents on the Golf Budy websites.

7 The existence of the link on the Affiliate website to the Golf Budy websites does not imply any endorsement by the Affiliate of the linked site and the Affiliate is not responsible for the Material of the Golf Budy websites.

8. The existence of the link on the Affiliate website to the Golf Budy websites does not imply any endorsement by Golf Budy of the Affiliate website and Golf Budy is not responsible for the contents of the Affiliate website.

9. Warranty

The Affiliate warrants that the Golf Budy websites will not appear as a link to the Affiliate website where the Affiliate website is viewed in a country or location which prohibits the viewing of material such as that contained on the Golf Budy websites.

10. Termination

10.1 Either party may terminate this Agreement by providing 1 calendar month’s notice [“the Termination Notice”] in writing to the other party at the address or facsimile number contained in this Agreement or the last known address or facsimile number of the other party. The date of termination will be the date 1 calendar month from the date of the Termination Notice and will be referred to hereinafter as the “Termination Date”

10.2 In the event that the Affiliate is the terminating party then the Affiliate will request from Golf Budy on the same date as the Termination Notice, a Monthly Statement of the Fees due to the Affiliate from Golf Budy up to and including the Termination Date.

10.3 Within 14 days of the Termination Date Golf Budy will send to the Affiliate the final Monthly payment only if that payment exceeds $200.00 dollars.

10.4 Within 14 days of the final Monthly payment the Affiliate will send to Golf Budy the Final Tax Invoice for the Fees due as stated in the Final Monthly Statement

10.5 Golf Budy will pay the Fees due as stated in the Final Tax Invoice if the amount exceeds $200.00 dollars of the amount contained therein.

11. Relevant jurisdiction

11.1 If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the minimum payout of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

11.2 This Agreement and any dispute arising out of this Agreement will be governed by and interpreted in accordance with the laws of the state of New South Wales and the Commonwealth of Australia, without giving effect to any principles of conflicts of laws.

SCHEDULE

ITEM 1 – The Affiliate

Name of Company/ Individual: Supplied in registration form

ABN: Supplied in registration form

Address of Principal Place of Business: Supplied in registration form

Telephone and Facsimile number: Supplied in registration form

Email address: Supplied in registration form

Contact name: Supplied in registration form

ITEM 2 – The Fee

ITEM 2(a)

50% Affiliate 50% of the value of the membership

5% 2nd tier payment as outlined on Golf Budy website.