Fertility Charting Affiliate Program Terms & Conditions of Participation

 

INTRODUCTION TO THE AGREEMENT

This is an Agreement between you and Fertility Charting. Fertility Charting is a business run by sole trader Jessie Brebner. Please read these terms with care. This Agreement outlines the rules and regulations of the affiliate program for Fertility Charting.

By accepting these Terms and Conditions, you agree that you have read and understood these and agree to be legally responsible for each and every term and condition herein.

DEFINITIONS

In this Agreement, the following definitions will apply.

• “Affiliate” or “Affiliates” are the individuals or entities in the affiliate application that intend to participate in the Affiliate Program and who will legally be bound by the Terms and Conditions herein.
• “Customers” are the individuals and legal entities that are the end users of Fertility Charting.
• “Affiliate Program” means the program operated by Fertility Charting, to which the Affiliates are enrolled and rewarded in the form of monetary compensation for referring customers.
• “Affiliate Link” is the personal link from an affiliate participating in the affiliate program, used to track referrals and commissions. The link is located at the affiliate’s website and promotional channels, and when clicked on by a potential customer, it directs fertilitycharting.com.au
• “Coupon Code” is the personal, unique coupon code of an affiliate participating in the affiliate program. When applied in the checkout at fertilitycharting.com.au it will provide a discount off eligible products.
• “Referral” stands for a potential customer who was led to fertilitycharting.com.au with the use of the affiliate link.
• “Commission” means the money that an affiliate earns from each referral that converts into an eligible sale of the eligible products using the unique Coupon Code.
• “Abandoned Affiliate Account” means any affiliate account where the Affiliate Dashboard has not been logged into for a period of 12 months, or has no affiliate referrals posted during a period of 12 months.
• “Eligible Products” include the Natural Contraception Online Self-Paced course, and the Chart to Conceive Online Self-Paced course (Tier One) only.

PARTICIPATION REQUIREMENTS AND PARTNER OBLIGATIONS

To be eligible to join the affiliate program, you must agree to the affiliate program terms and conditions: be at least 21 years old.

In the application, you must provide your full name, website address, and any additional information asked. After signing up for the program, we will review your application. We reserve the right and sole discretion to reject your application, and re-evaluate your application at any point in time. 

You are only allowed to create and use one affiliate account.

You will receive a confirmation of your participation when the application is approved. After approval, you have direct access to your affiliate dashboard, unique coupon code, and personal referral link.

The affiliate’s main role is to operate as a marketing promoter of Fertility Charting, and to introduce potential customers to the website fertilitycharting.com.au. The affiliate is allowed to use their affiliate link on their website and refer potential customers to fertilitycharting.com.au.

As a participant in the program, you have the right to market and promote the products and services of Fertility Charting. To do this, you may use marketing materials from Fertility Charting, provided through your affiliate dashboard, such as available banners and guidebooks.

You may also create your own ad hoc marketing materials through the use of social media content (such as Instagram stories, Instagram posts, Facebook videos, Twitter threads etc).

The affiliate must ensure that any advertising or marketing materials they create should not be deceptive or misleading. Fertility Charting products and services must be represented truthfully. 

The affiliate is responsible for keeping company information on their website and in their promotions up to date. For example, if there is a change in pricing, package, or service at Fertility Charting, it’s the affiliate’s sole responsibility to ensure that information is updated.

The affiliate must disclose that they will earn a commission on any sales made with their unique coupon code.

 

POLICIES AND PROHIBITED ACTIVITIES

As a condition to your participation in the affiliate program, you agree that while you are an affiliate at Fertility Charting, you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgements, decisions, or other requirements (collectively, “Laws”) of any governmental authority that has jurisdiction over you.

This is regardless of whether those Laws are now in effect or later come into effect during the time you are an Affiliate or participating in the affiliate program, including, without limitation, during the application process.

Without limiting the foregoing obligation, you agree that as a condition of your participation in the affiliate program, you will comply. This is related to all applicable federal, state, or other Laws that govern marketing email, including without limitation, the e-Privacy Directive, the CAN-SPAM Act of 2003, and all other anti-spam laws.

By participating in the program, the affiliate agrees that their website and other promotional channels does not contain or promote:

• Copyright, trademark, or other intellectual property rights.
• Violent and defamatory content.
• Gambling, including and without limitations, sports books, poker, and (online) casinos.
• Any content or services that violate the law.

Paid promotions and PPC bidding on the following keywords, and misspellings of these, are not allowed: Fertility Charting, Fertility Charting discount, Fertility Charting coupon. It can’t be separate or in combination with other keywords. In order to use any Fertility Charting related keywords through paid advertising, you need prior approval of one of our affiliate managers.

We do not work with discount and coupon websites. Affiliates that display invalid discount codes on their websites or in their promotions will be removed from the affiliate program. Any misleading information to set an affiliate cookie on the potential customer’s device is forbidden. This includes any campaigns that aim to mislead the potential customer by representing as Fertility Charting.

Self-referrals are forbidden. This means you cannot refer yourself, your immediate family, or the company you work for. You will not receive commission on self-referrals.

The affiliate shall act in Fertility Charting interest and in compliance with all relevant and applicable regulations and ethical standards.

COMMISSIONS AND PAYMENTS

Commissions are paid to the affiliate for paying customers that were brought to the website via an affiliate recommendation, and used the Affiliate’s unique discount code on eligible products at checkout.

Eligible products include the self-paced Natural Contraception Online Course, and the self-paced Chart to Conceive Online Course (Tier 1).

The Affiliate’s unique affiliate link is designed to automatically apply the unique Coupon Code at checkout (in case the customer forgets to use it). Thirty days is the duration of our affiliate cookie left on the potential customer’s device after clicking the affiliate link.

We pay commission latest on the 15th of each month. This is for commission accumulated the month before. Our minimum threshold is 45 AUD. This equates to three purchases made with the Affiliate’s unique Coupon Code. Our payout method is PayPal. It is the affiliate’s responsibility to have an accurate and working PayPal email address updated in their affiliate dashboard. 

TERMINATION OF AFFILIATE ACCOUNT

We may make amendments to the Affiliate Terms and Conditions that do materially adversely affect your benefits under the Program by giving you thirty (30) days’ notice (“Amendment Notice Period”) in advance prior to its effectiveness by displaying the notification in your Affiliate dashboard.

Should you disagree with such an amendment, you may terminate this Agreement within the Amendment Notice Period, effective on its expiry by informing us in writing. To do so, please email support@fertilitycharting.com.au.

You may also terminate this Agreement at any point if you decide you no longer wish to participate in the Affiliate Program.

When an affiliate account is terminated by the affiliate, unpaid commission above the minimum threshold of 45 AUD will be paid out. Any commissions pending under 45 AUD will be voided. 

Fertility Charting may terminate your affiliate Agreement or suspend access to the affiliate program with immediate effect and without prior notice in the circumstances of fraud and abuse.

Fertility Charting may terminate your affiliate Agreement or suspend access to the affiliate program if you (the Affiliate) breach the terms and conditions of this Affiliate Program.

Fertility Charting may terminate your affiliate Agreement in the event that the Affiliate Program ceases to run and is formally discontinued.

LIMITATION OF LIABILITY

Fertility Charting provides no warranty or representation regarding the Affiliate Program, its availability, or the accuracy and completeness of the tracking and reporting systems. The Affiliate Program is provided on an “as is” basis.

In no event shall Fertility Charting or Jessie Brebner be liable for any indirect, consequential, or special damages arising out of or in connection with the Program, including but not limited to lost profits, loss of business opportunities, or reputation damage.

Affiliates must recognise and acknowledge that sexual intercourse, whether “protected” (via the use of one or more coitus-dependent contraceptives), or unprotected, always carries an inherent risk of pregnancy. Affiliates must recognise and acknowledge that there is an inherent risk of unintended pregnancy when choosing to have sexual intercourse at any day, point, or phase of the menstrual cycle as identified by Symptothermal Method charting. While charting with the Symptothermal Method may allow customers to identify days of higher or lower fertility, the risk (however small) of unintended pregnancy is always present. Customer participation in the Natural Contraception Online Course is a voluntary activity in all respects and customers assume all risks of unintended pregnancy, illness and injury that may result from such participation in any individual activities.

Affiliates must recognise and acknowledge that the Symptothermal Method provides no protection against sexually transmitted infections (STIs).

Affiliates must recognise and acknowledge that charting with the Symptothermal Method does not guarantee pregnancy or a live birth for those customers who are trying to conceive. The Chart to Conceive online self-paced course provides education on how to identify fertile days of the menstrual cycle to accurately time intercourse to conceive; it does not provide any guarantees of successful pregnancy or live birth for participants.

Fertility Charting courses are delivered by certified Symptothermal Method Instructor Jessie Brebner. No medical advice is given or implied in either the Natural Contraception Self-Paced Online Course or the Chart to Conceive Self-Paced Online Course.