affiliate program terms conditions
By clicking on “I agree” when you sign up for an Affiliate Account, using the Affiliate Shoutout Platform or participating in any Nuzest Affiliate Program activities, you agree to the following Affiliate Program Terms and Conditions (Ts&Cs).
Nuzest reserves the right to update and change the Ts&Cs at any time. You can review any changes and view the current version here. If a significant change is made, we will provide reasonable notice by email.
Part A – Terms Applicable to All Affiliates
2. Affiliate Responsibilities
Affiliates will use their best efforts to (i) promote and market Nuzest, and (ii) identify prospective Referred Customers for Nuzest.
2.1. Marketing Activities
In all of Affiliate’s marketing activities, Affiliate must comply with all applicable New Zealand laws.
Affiliates can advertise on any website that they explicitly own (including their social media pages).
However, an Affiliate must not:
1. Promote or advertise Nuzest or Nuzest Related Entities on coupon, deal or discount sites, or on GTP/Get Paid to Click or other incentivized sites or use Affiliate Link or discount code directly in any pay-per-click advertising.
2. They cannot purchase search engine or other pay-per-click keywords (such as Google AdWords), trademarks or domain names that use the Nuzest Trademarks or the names or trademarks of any Nuzest Related Entities, or any variations or misspellings thereof that may be deceptively or confusingly similar to the Nuzest Trademarks or the names or trademarks of any Nuzest Related Entity.
3. Create or participate in any third-party networks or sub-affiliate networks without the express written permission of Nuzest.
4. Use or encourage any means of delivering fraudulent traffic, including but not limited to use of bots or toolbar traffic, cookie stuffing, or use of false or misleading links.
5. Mask its referral sites or use deceptive redirecting links.
6. Post their code or advertise their code on Nuzest, or any other brand associated with Vital Health’s social media pages.
7. Promote on websites containing or promoting illegal activities.
8. Engage in any fraudulent, spam, mass group postings or low-quality marketing activities. This includes in any illegal or aggressive marketing techniques on behalf of Nuzest.
9. Make any false or misleading statements about Nuzest or represent anything that could cause harm to the credibility of Nuzest.
10. Email a Customer without their prior consent.
2.2. Compliance with Laws
Affiliate must comply with all applicable laws and the highest industry standards.
2.3. Affiliate Duty to Inform
Affiliate must keep Nuzest informed about any potential claims, demands or liabilities relating to Nuzest of which the Affiliate is aware of.
2.4. Other Affiliate Terms
i. be at least 18 years old
ii. provide certain information and agree that email will be our primary method of communication;
iii. make certain acknowledgments if signing up on behalf of an employer or a company;
iv. agree that this Agreement may be changed by Nuzest at any time; and
3. Fees and Payments
If an Affiliate wants to continue receiving commission for referrals, the Affiliate must carry out at least one Revenue Generating Activity in each consecutive 12-month period.
An Affiliate is entitled to a percentage of certain revenue received from referrals to be determined by Nuzest at its sole discretion, with Nuzest being entitled to the remaining percentage.
Nuzest reserves the right to revise the commission share and any ongoing obligations to receive commission share from time to time, at its sole discretion, upon reasonable prior notice to the Affiliate. Such notice will be provided by email.
Nuzest reserves the right to
i. Ask and receive information from Affiliates about any Referred Customer, including but not limited to information with respect to traffic sources and methods used to acquire the Referred Customer, and
ii. assess the legitimacy and qualification of such Referred Customer.
Nuzest has the right to offset or withhold payments to Affiliates in certain circumstances.
How do I get paid?
There are two options for getting paid; you can choose to either have your commission payments paid into your bank account or PayPal account.
Your commission payments are paid directly into your nominated bank account or PayPal account monthly, note that all transactions include GST. An affiliate is responsible to pay their own taxes on all commission.
The Tiered system is automatically updated every day based on how many customers have used your referral link and/or your discount code to purchase in the last 30 days. Your current commission rate will be shown on your Affiliate dashboard page.
Either Nuzest or Affiliate can end this agreement at any time by providing notice to the other Party. If there is fraud or any other unacceptable behaviour by Affiliate, Nuzest can suspend Affiliate’s privileges or terminate the agreement without notice. Nuzest can change or eliminate all or any portion of the Affiliate Program at any time, upon reasonable notice.
4.2. Consequences of Termination
If the Agreement ends, Affiliate must stop using all Nuzest creative material, including Nuzest trademarks and logos and Affiliate will no longer be permitted to receive commission from Nuzest, unless otherwise determined by Nuzest at its sole discretion.
5. Intellectual Property Rights
5.1. Nuzest Creative
Affiliates may promote Nuzest using the creative materials provided by Nuzest. The creative materials of Nuzest belong to Nuzest, cannot be changed and must be used only to promote the Nuzest Products and Nuzest brand.
5.2. Nuzest Trademarks
Nuzest owns the Nuzest Trademarks entirely and Affiliate agrees to use them only in accordance with the Agreement.
5.3. Restrictions on Affiliate’s Use of the Nuzest Trademarks
Affiliate cannot use “Nuzest”, the “N” design, or any other Nuzest Trademarks in the name or design of the Affiliate’s business or logo, or any Affiliate product or service (including Apps or Themes) without permission from Nuzest.
5.4. Proprietary Rights of Nuzest
All the information, property and intellectual property you have access to as a result of your participation in the Affiliate Program, belongs entirely to Nuzest.
Both Nuzest and Affiliate agree to use Confidential Information only to perform the obligations of the Agreement. Confidential Information must be protected and respected. Customer Data is Nuzest’s Confidential Information.
7. Limitation of Liability and Indemnification
Affiliate will cover all costs associated with a claim made against, or liabilities incurred by a Customer if it is due to the Affiliate’s gross negligence or wilful misconduct, use of the Affiliate’s products or services, infringement or violation of the intellectual property or other rights of a third party, promises made by Affiliate to third parties about Customer, or the Affiliate’s relationship with a Customer.
9. General provisions
Both Nuzest and Affiliate are non-exclusive to each other and each can enter similar arrangements with others, so long as they are not our direct competition and as long as that Party does not use the other Party’s confidential information.
9.6. Entire Agreement
This Agreement and the documents it links to and references, are the entire agreement governing the relationship between Nuzest and Affiliate under the Affiliate Program, and it replaces any previous agreements.
Affiliate cannot assign away or transfer this agreement to another party without Nuzest’s consent.
9.8. Applicable Laws
This agreement is covered by the laws of New Zealand. If anything were to go wrong, New Zealand is where the issue would be litigated.
If you provide Nuzest with Feedback about the Affiliate Program, Nuzest Creative or the Service, we will own this Feedback and we can use it without restriction.
9.12. Other Services
From time to time, Nuzest may, at its sole discretion, invite Affiliates to use, on a trial basis, potential new services or features that are in development and not yet available to all Affiliates or Merchants. Other Services may be subject to additional terms and conditions, which Nuzest will provide to Affiliate prior to Affiliate’s use of the Other Services. Such Other Services and all associated conversations and materials relating thereto will be considered Confidential Information of Nuzest and subject to the confidentiality provisions of this Agreement. Nuzest makes no representations or warranties that the Other Services will function. Nuzest may discontinue the Other Services at any time at its sole discretion. Nuzest will have no liability for any harm or damage arising out of or in connection with Other Service.