Affiliate Agreement Standard Terms

Last updated 15 August 2018
  1. These Standard Terms and the Application (“the Application”) form the agreement between Digital Surge (Digital Surge Pty Ltd, ABN 89 620 473 109) (“Digital Surge” or “We”, “Our” or “Us”) and You (or “Yours”) as defined in the Application.

  2. Digital Surge may amend, modify, add to or delete any term in this Agreement including any of the rates at our discretion and those amendments, modifications, additions or deletions apply to Your use of the Program by providing You with thirty (30) days notice on our Website and at our Affiliate Webpage. All subsequent transactions by You will be subject to the amended and most current Affiliate Terms.

  3. For the purposes of the Affiliate Terms:
    "Affiliate Webpage" means https://digitalsurge.com.au/affiliate;
    Affiliate” or “Affiliates” means you;
    Associate” means a director, contractor, partner, agent, shareholder, or employee of a person or other entity;
    Data Feed” means anything published on the Website which relates specifically to the digital currency market operated by Us or descriptions of those rates which are made available to You in accordance with the Affiliate Terms;
    Platform” means the website, mobile applications, services, content and any other services provided, owned and operated by Digital Serve that allow users to convert, buy, sell and trade digital and crypto currency;
    Relative” means any relative of a person including but not limited to their spouse, partner, parent, child or sibling;
    User” means any approved user of the Digital Surge referred by You who enters the Website via a link You provide to them and then successfully opens and uses a Digital Surge Account using a tracking code designated to You;
    Website” means the Digital Surge website available at https://www.digitalsurge.com.au/

  4. To enrol You must sign up as a User on the Digital Surge Website and as an Affiliate. We will evaluate Your enrolment and may reject it if it is determined, in our discretion, that You are unsuitable for the Program. If We reject Your enrolment, You may not re-apply to the Program at any later time.

  5. We will pay You the commissions described on the Affiliate Webpage from time to time as a percentage of the net transaction fee earned by Us in relation to the transactions performed on the Platform by each User directly referred by You through Your Affiliate tracker or referral email and tracked to Your Account.

  6. We will not link an Affiliate where a User has created an account without using Your Affiliate tracker or referral email. The Affiliate tracker or referral email must be used at all times by the User for Us to pay an Affiliate commissions on the User’s transactions.

  7. To be eligible, each person you refer as User must be a new Digital Surge User and they must sign up and create a valid verified Account. You must have referred a minimum of two User s that have bought, sold, converted, and traded digital or crypto currency through the Platform within the monthly period in order for you to be entitled to the commissions paid under the Program.

  8. Within 30 days of the end of each calendar month We will pay You the commissions earned in respect of Users referred by You in the previous month and payment will be made in arrears according to the commission rates applicable at that time.

  9. Commission payments will be made to the AUD wallet in your verified Digital Surge account. You agree to provide Us with current, accurate and complete account information, and update that information where it is no longer accurate or complete. Digital Surge is not responsible for any payment not received by You if We made it using the latest information provided by You.

  10. You must not open more than one Digital Surge Account without Our prior written consent. If You open more than one Account without Our permission or try to earn commission on transactions for Your own or a Relative’s or Associate’s Account, We have the right to suspend or cancel all current, pending or future transactions and may suspend or terminate the Accounts.

  11. You are not entitled to earn commissions through the Program for transactions performed by a User which:
    1. was an existing User, whether referred by You or otherwise, at the date You enrolled for the Program;
    2. transacts on any Account You open under Your own name or under an alias or assumed name;
    3. which transacts on any Account opened by one or more of Your relatives or Associates or in the name of one or more of Your relatives or family members.
    4. is a User for whom you are already the Affiliate.

  12. Either Digital Surge or You may terminate Your participation in the Program at any time, without cause, by giving the other 48 hour’s notice in writing.

  13. We also may suspend or terminate Your Account immediately by notice in writing if:
    1. You or Your Relative or Associate breach the Affiliate Terms or We reasonably suspect that You have breached the Affiliate Terms;
    2. You request existing Users to add your Affiliate key;
    3. We consider for any reason You or Your behaviour in referring Affiliates to the Program is inappropriate or unsuitable in that it undermines or damages the operation or reputation of Digital Surge and its Platform including but not confined to a breach of the provisions in Clauses 17 and 18 below.

  14. You will not be entitled to unpaid commissions on or after the date of termination or suspension of Your Account or the termination of Your participation in the Program and We may withhold payment of commissions for the period prior to termination for a reasonable time until We have calculated the correct amount to be paid to You.

  15. If We permit activity on Your account for a period after termination under clauses 12 or 13 above this does not constitute a continuation or renewal of this Agreement or a waiver of termination however it arises.

  16. You must fund or pay for the cost of any marketing and promotional activities to generate referrals of Users from Your own resources. You must not create, publish, distribute, or permit any written material that makes reference to Digital Surge without first submitting such material to Us and receiving Our prior written consent, which will not be unreasonably withheld. You must cooperate fully with Us in utilising and maintaining links and other promotional tools supplied by Us to You.

  17. If You elect to use social media or other forms of public networks to refer Users or engage in marketing and promotional activities for the Platform:
    1. You agree to only engage in advertising, marketing and promotional activities which do not violate any law;
    2. You must not promote the Platform on websites that contain illegal or inappropriate images or content;
    3. You must not direct Your activities to individuals who are under 18 years of age;
    4. You must not defame the personal or business and reputation of any person;
    5. You must not send unsolicited emails or place Banners, links and Data Feed into emails or create unauthorised newsgroup postings, chat rooms or use "bots";
    6. You must not promote Digital on search engines, social media, or forums unless You clearly identify the content as an advertisement, post or marketing communication. For example, Tweets on Twitter which relate to Digital Surge should contain hashtags such as “#ad” or “#spon” at the end of the Tweet;
    7. You will have no authority to make any statements or representations on behalf of Digital Surge and You must not hold Yourself out as a representative of Digital Surge, nor represent or imply that a communication or advertisement is published or authorised by Us;
    8. You agree to abide to all No Spam regulations as they apply in any jurisdiction in which you market Digital Surge and employ best practices in all marketing email communications;
    9. You agree to engage in any activity which comply with any guidelines supplied from time to time by Us on the Affiliates Webpage; and
    10. Affiliates must not bid for any industry related keywords using Digital Surge via Google AdWords (and other similar advertisements Networks), in order to promote their affiliate link.

  18. You will not say or do anything or engage in conduct which will directly or indirectly disparage or otherwise bring into disrepute Digital Surge, Our Platform (including but not limited to any negative statement about the reputation, goodwill or standing of Digital Surge) or would be likely to result in such conduct.

  19. You must not establish any social network domain, blog domain, profile name or display name containing Digital Surge. You must not purchase any domains or utilise derivatives of the name Digital Surge, or bid on any keywords or keyword phrases that include, but are not limited to, Digital Surge or digitalsurge.com.au.

  20. Any traffic that You generate illegally through spamming, spamvertising and the like will be in breach of the Affiliate Terms and Your Account may be suspended or terminated. If We incur penalties and legal expenses as a result of unauthorised third party email communications from You, You will be held financially liable for these, and You indemnify Digital Surge for those penalties or expenses and We may deduct from Your Account.

  21. If a User referred by You is being investigated in relation to their conduct on the Platform, We will withhold commissions generated from that User until the investigation is completed.

  22. If a User referred by You is banned from having an Account with Us for breach of these Affiliate Terms or the User Terms, We will not pay You for the commission generated from that banned User.

  23. If We have paid You in respect of a banned User, We may deduct or set-off the amount of payment against Your current or future commission payments and, You must repay any shortfall owed to Digital Surge within 15 days of receiving notice from Us in writing.

  24. You expressly understand, warrant and agree that to the fullest extent permitted by law, We are not liable to You for:
    1. Any fines, penalties, taxes and any exemplary, aggravated or punitive damages, liquidated damages or any indirect or consequential loss (including but not limited to loss of business, loss of revenue, loss of contract, loss of production, lost opportunity costs), legal costs and expenses which may be incurred by You, however caused, other than where such damages are caused by any act of fraud or misconduct by Us;
    2. Any loss or damage which may be incurred by You, including but not limited to loss or damage as a result of:
      1. any changes which We may make to these Terms or for any permanent or temporary suspension of trading through the Platform or any part of it;
      2. the deletion of, corruption of, or failure to store, any content or other communications data maintained or transmitted by or through Your use of the Platform;
      3. Your failure to provide Us with accurate, complete or current Account or personal information including bank account information; or
      4. Your failure to keep Your password or Account details secure and confidential; or
      5. Your failure to properly use the links and other promotional tools as supplied by Us

  25. The Affiliate Terms, the Application and relevant information on the Affiliates Website constitute the entire agreement between You and Us in relation with, or connection to, the Platform and supersede all previous agreements or understandings between the parties in connection.

  26. You agree that if either Party does not exercise any right under this Agreement at any time that this does not constitute a waiver of that right at any other time or to any other extent or of any other right under this Agreement.

  27. These Terms will be binding on, operate to the benefit of, and enforceable against You and Us and any respective successors and assignees.

  28. Any term or part of a term of these Terms that is held to be invalid or unenforceable may be severed from these Terms and the remaining terms or parts continue in force. The Affiliate Terms are governed by the laws of the State of Queensland and in the event that a legal dispute or claim is brought with respect to this Program, the Courts of that state will have non-exclusive jurisdiction.