INDEPENDENT PROMOTER TERMS AND CONDITIONS

Last updated 10/01/2021

Social Seller’s may offer You an opportunity to become an Independent Social Seller’s Promoter (“Promoter”), wherein You have the opportunity to earn additional money for Social Seller products, services and subscriptions that You sell Social Seller’s reserves the sole and exclusive right to determine the amount of remuneration that each promoter will receive in exchange for the Promoter’s efforts. Promoter commission is further discussed herein and outlined in full in the current Compensation Plan. See also Social Seller’s Terms of Service, which applies to You in Your roles as Promoter, unless otherwise expressly provided for.


In order to participate in the Independent Promoter Program, You must agree to these terms and policies. By checking out the Independent Promoter Program product You are entering into a legally binding formal agreement and business relationship with Social Sellers, and, where applicable, its Promoters, supplies and partners. The following document outlines the terms, conditions, and legal responsibilities between Social Sellers and You (Independent Promoter). It is essential You read it in its entirety, as when You submit an online application and tick that You agree to the terms and conditions it is considered Your formal agreement.


This Promoter Agreement (“Agreement”) governs Your application for, and any subsequent participation in the Social Seller’s Promoter Program. By clicking ‘” I Accept the Terms and Conditions” and checking out the “Join as a Promoter” product on the Social Seller’s website, You thereby accept the terms of this Agreement, You indicate that You have read and understood this Agreement, and agree You are bound by its terms.


SECTION 1: PARTIES

All references to “Social Sellers” herein means and refers to Social Sellers. All references to “You” or “Your” mean and refer to the person or entity who has executed this Agreement. Social Sellers and You are each referred to herein as a “Party”, and collectively as “Parties”.


SECTION 2: TERMS AND CONDITIONS DEFINITION

Are the ‘fine’ print and are a concise summary of the legal terms and conditions that all Independent Promoters must agree to in order to join, purchase products and receive commissions while conducting their business. These terms and conditions must be followed to remain in good standing with Social Sellers.


SECTION 3: INDEPENDENT PROMOTER APPLICATION

The clicking ”I Accept the Terms and Conditions” and checking out the “Join as a Promoter” product on the Social Seller’s website constitutes Your application form with Social Sellers, which is duly signed electronically and taken together with the Independent Promoter Terms and Conditions, Compensation Plan, and any applicable Policies and Procedures in the Digital Nation Facebook group and/or on the Social Sellers website constitutes the entire agreement between the parties.


You agree to provide all information requested by Social Sellers in connection with Your Promoter application, and You affirm that all the information that You have provided is truthful and accurate. You agree that You have completed this application of Your own free will and have not been coerced into completing it for any reason.


You understand and agree that Social Sellers retains sole and exclusive discretion to determine whether You qualify for participation in the Social Sellers Promoter Program. Not everyone who applies for the Social Seller Promoter Program will qualify to participate.


SECTION 4: CONSENT TO BE CONTACTED

You expressly consent to be contacted at the email address and the phone number You provide in Your application about Your application and the Promoter program, including through automated dialling systems, texts and artificial or prerecorded messages. This consent is a material condition of this Agreement and may not be revoked except in writing by both Parties.


For Questions and Support:

For any questions regarding the Application, Agreement, Terms and Conditions, Compensation Plan or Policies and Procedures, You may contact Your referrer or Social Sellers on hello@socialsellers.com.au


SECTION 5: CONSENT TO ELECTRONIC RECORD

The Electronic Transaction Act 1999 states that one can meet a legal requirement for enforceability of a handwritten signature by using an electronic signature or communication. By checking box “I Agree to the Promoter Terms and Conditions”, You are consenting to enter into a legally binding electronic agreement with the Social Sellers (“SOCIAL SELLERS”). Please read the following information carefully.

Should You enter into this Social Seller’s Agreement, the entire agreement will be evidenced by an electronic record. To enter into this agreement, You must tick the applicable box stating “I Agree to the Promoter Terms and Conditions” which states that You are electronically acknowledging that You agree to the following terms and conditions as set forth in this agreement, any policies and procedures created by Social Sellers and the Compensation Plan.


By providing Your consent, You also confirm that You are happy to receive and able to access all terms of Agreement electronically which will be emailed to You after You have finalised Your transaction. If You do not agree to anything stated below, please do not continue with the Agreement signup.


To access these documents, You will need internet access, operational internet browser (Chrome, Explorer) and Adobe Acrobat Reader. Should there be any reason to change this software requirement, Social Sellers will advise You in writing of these changes which will include new equipment and software requirements. You can withdraw Your consent to the use of electronic records at any time but choosing to do this will automatically terminate this Agreement. To withdraw consent (subsequently terminating this Agreement) or provide an update of personal information, it must be done in writing. Please email hello@socialsellers.com.au


During the enrolment process, You should read, download and print to retain the terms and conditions and Compensation Plan for future reference. A copy will also be emailed to You once You have finalised Your online application. Alternatively, You can request a current printed copy from the Social Sellers by emailing or writing to the above address. Please be advised this incurs a fee of $10AUD for this service. If You chose to do this, please include Your name, contact details and email/mailing address to which You would like the Agreement sent. Please be advised however that the most current Agreement supersedes any previous versions and is always available to download and print on the official website.


SECTION 6: TERMS OF PARTICIPATION

Participating in the Social Seller’s Independent Promoter Program is for the purpose of advertising the Social Seller’s brand, any referrals You are responsible for via Your code will result in You receiving a commission and applicable bonuses.


The agreement between Social Sellers and You begins once Social Sellers accepts You into the Promoter Program and You creates an Affiliate Id with our program Affiliatly. You will be informed by email if You are not accepted for any reason.


Both parties (Social Sellers and the individual) have the option of terminating the agreement at any time by placing it in writing. A seven (7) day cooling-off period is subject to the final approval.


Should Social Sellers update this policy after the start date of Your Agreement, You will be notified and if You no longer wish to participate You have the option of terminating the agreement without penalty. This will stop Your ability to earn commissions and Your tracking code will be removed.


  • This Agreement is subject to the acceptance of Social Sellers at its headquarters in Brisbane, Australia, through the issuance of welcome email to the provided email address and acceptance into the Systeme.io and Affilatly tracking software. Such acceptance is conditioned upon payment of the activation fee or joining package purchase by the Independent Promoter.

SECTION 7: COMPENSATION

If Your application to become a Promoter is approved by Social Sellers, You will receive a unique Promoter ID. The Promoter ID will need to be incorporated within each URL which You will use to advertise Social Sellers in order for us to be able to track that order to you for commission purposes. You will have the opportunity to receive a commission for each sale (“Sale”) that is registered using Your Promoter ID. You will receive a specific unique tracking code from Affiliatly upon joining that You can give out to Your contacts. You are aware that this software is used to track referrals and to process commissions and as such it is essential that all Your contacts come into our website on this link in order for their purchase to be commissionable to You. Social Sellers reserves the right to refuse a referral upon reasonable grounds such as they were already a customer of Social Sellers or another Independent Promoter prior to their purchase on Your link.


In the event that a prospect (“Prospect”) has multiple Promoter cookies (“Cookies”), the most recently acquired Cookie will determine which Promoter is credited with a Sale. We are not responsible for a loss of sale due to a promoter failing to follow up with a client. There are some products and services sold that do not have trial periods and do not have a commission or remuneration attached. 


The amount of Commissions applicable to each product is clearly stated on each product by the two numbers at the end of the SKU number. For example, a challenge may have the SKU code 5DAYALGA40. The two numbers 40 at the end indicates that you receive 40% Commission on this offering. All Sales must be paid in full by credit card prior to the order being processed and accepted by Social Sellers. Commissions and Bonuses are paid only for transactions that actually occur between Social Seller’s and a Sale in which payment is received by Social Sellers. All Sales are subject to acceptance by Social Sellers and the terms of this Agreement and may be cancelled at the discretion of Social Sellers. Commissions and referral bonuses will be calculated after any applicable refund periods have expired and are available as a monetary deposit or as a gift voucher for Your next order.


Provided that the Sale (as defined below) remains in good status within fifteen (15) days from the date of purchase, You will be paid a commission for each sale that generates a payment to Social Sellers (“Commission”). Except as otherwise provided herein, Commission payments will be paid on the 1st and 15th of each month following Social Sellers’ receipt of payment for a Sale, subject to the other terms of this Agreement. In the event the 1st or 15th of each month falls on a holiday, Commission payments will be paid on the business day preceding the holiday. All Commission payments are based on the number of fees received by Social Sellers, less discounts, shipping (if applicable) and taxes.


If payment for a Sale or Account Payment later results in a refund or chargeback, and if a Commission or Bonuses was paid to You for that Sale or Account payment, then the Commission or Bonus will be deducted from the next available commission. If this is not possible Social Sellers reserve the right to direct debit any credit card on file for any outstanding amounts. You will be given seven (7) days written notice if this is to occur. You agree that Social Sellers may deduct, withhold, set-off, or charge to any form of payment You have previously authorized, any amounts You owe or am indebted to Social Sellers for including commission and bonuses paid on refunded transactions.

All commissions and bonuses are paid in Australian Dollars (AUD). You understand that You must be in good standing, and not in violation of the Independent Promoters Agreement, to be eligible for bonuses or commissions from Social Sellers. Some payments may incur processing fees as charged by the payment provider that may be deducted from Your Commission or Bonus payment. Your Combined Commission and Bonuses must equal or exceed Twenty and 00/20 Dollars ($20.00) (AUD) before You can receive a payment from Social Sellers. If Your combined Commissions and Bonuses in a 120-day period do not exceed $20.00 (AUD) Your Commissions will not be paid and will be forfeited. At this point, Social Sellers reserves the right to retract your Promoter link.


Once a Commission of $20 (AUD) or more is earned, You will need to register with our third-party payment provider (PAYPAL ME) to receive payment of Commissions. This means You are authorizing third party companies to contact You. Money sent to the wrong account due to failing to provide Social Sellers with correct deposit details is on the onus of the Independent Promoter and as such can not be retrieved.


Before You can be paid any Commission or Bonuses, You must provide Social Sellers with an ABN Number or completed Form NAT3346, as instructed by Social Sellers, as well as any supporting documentation requested by Social Sellers or its third-party payment provider. If you are not receiving cash Commission payouts and instead using your Commissions and Bonuses to pay for your own products or services with Social Seller’s this information is not required.


You will be deemed to have permanently waived all rights to Commissions or Bonuses that were earned more than 120 days before submitting a completed NAT3346 or ABN number or any ancillary supporting documentation that is requested to confirm the information on your tax form. If You are not a resident of Australia, Social Sellers may withhold tax (including without limitation VAT) where required by applicable law unless a completed NAT3346 is completed and held on file. You are solely responsible for complying with all tax laws in Your respective jurisdiction(s) including, but not limited to, the payment of all required taxes, and filing of all returns and other required documents with, the applicable governing body(ies). You can view and complete a NAT3346 if applicable to you by clicking on the link below.

https://www.ato.gov.au/uploadedFiles/Content/MEI/downloads/Statement%20by%20a%20supplier.pdf


After you have earned $500 Commission in a calendar month, you will be eligible to apply for “Power Promoter”, a program whereby you can earn increased commissions for promoting Social Sellers products, services and subscriptions. Power Promoters who demonstrate exemplary compliance with all terms of this Agreement and who also maintain 40 unique Social Sellers Website platform paid user accounts on a monthly basis (Social Sellers accounts must be sold at $29 or above) may qualify for “Diamond Promoter” status, which determination shall be in Social Sellers’ sole and exclusive discretion.


If Social Sellers determines, in its sole and exclusive discretion, that any Sale or Account Payment was procured fraudulently, under duress or as a result of any violation of this Agreement or applicable law, no Commission or Bonuses will be paid for such Sale or Account payment and, for past sales, such payment amounts shall be deducted from Your future commissions and Bonuses, and Social Sellers may terminate this Agreement immediately without Social Sellers having any liability to You.


SECTION 8: TERMINATION OF AGREEMENT

The term of this Agreement will begin the earlier of (i) when You click “I accept the Terms and Conditions” and Check Out the “joining” product on the Social Sellers website; or (ii) Your participation in the Promoter program is approved. Your participation in the Social Sellers Promoter program will continue month-to-month until terminated. The continuation of Your Social Sellers Promoter business or acceptance of commission or bonuses after renewal date constitutes Your agreement to the continuation of the Independent Promoter Agreement.


There is a “cooling off” period of seven (7) days and Social Sellers agrees to accept the written Independent Promoter’s resignation within this period. If an Independent Promoter resigns within this cooling-off period, the activation fee will be refunded in full.


Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party thirty (30) days’ written notice of termination. If the agreement is terminated, You can re-join at any time on the provision You were in good standing with Social Sellers when previous agreement terminated. A new joining form is required and applicable joining fees at the time must be paid.


You understand that if You fail to comply with the terms of the Independent Promoter Agreement, Social Sellers may, at its sole discretion, impose disciplinary action including immediate termination. If You are in breach, default, or violation of the Independent Promoter Agreement, You shall not be entitled to receive any further bonuses or commissions, whether or not the work for such Bonuses or Commissions have been completed.


In the event this Agreement is cancelled due to Your breach, You immediately forfeit all Commissions, Bonuses, and any other payments owed to You or that may in the future be owed to You without any further liability by Social Sellers to You. This Agreement will terminate automatically if You earn no (zero) Commissions over a three (3) month period.


If in our sole discretion, You fail, or we suspect that You have failed, to comply with any term or provision of the Agreement or the Terms of Service, or violated any law, whether in connection with Your use of Social Sellers or otherwise, we may terminate the Agreement or suspend Your access to the Promoter website (“Dashboard”) at any time without notice to You.


In addition, if, based on our data, you have a dispute rate greater than 10%, we may terminate this Agreement or suspend your access to the Dashboard at any time without notice to You. In such an instance, and in our sole discretion, we may also for the aforementioned reasons, terminate our relationship and suspend any accounts owned/controlled by You. For the avoidance of doubt, and without limitation for purposes of the foregoing, any violation of the required disclosure will be deemed a material breach of this Agreement.


If this agreement is terminated for any reason by either party, You understand that You will (a) permanently lose all rights as an Independent Promoter (b) not be eligible to sell Social Sellers products or service, (c) will no longer be able to purchase from Social Sellers, (d) not eligible to receive Commissions, Bonuses or other income resulting from the activities of Your referred customers and Promoters (this includes referral commissions and bonuses) (e) forbidden to use our brand, name, logos, copyright, intellectual property including all media or resources. You agree to delete and destroy all sensitive copyrighted information including but not limited to promotional and advertising materials, images, videos, printed and course materials. Social Sellers will not provide compensation in any form if this occurs.

In the event of cancellation, termination, or non-renewal, You waive all rights You have, including but not limited to intellectual property rights, to Your former referred Promoters and customers, and to any Bonuses, Commissions or other remuneration derived through the promotion of Social Sellers products, services and other activities of such.

Social Sellers reserves the right to terminate all Independent Promoter Agreements with thirty (30) days’ notice if Social Sellers elects to (a) cease business operations, (b) dissolve as a business entity, or (c) terminate distribution of its products and/or services via direct selling channels and Promoters at its sole discretion.


If this Agreement is terminated or cancelled, then all provisions that, by their nature, should survive, will survive, including, but not necessarily limited to, all limitations of liability, disclaimers of warranties, indemnity obligations, mandatory arbitration and class action waiver provisions, and exceptions to arbitration. All representations and warranties undertaken by You shall also survive termination or cancellation of this Agreement and/or Your Social Sellers account.


SECTION 9: ADVERTISING RULES

1.GENERAL COMPLIANCE

You understand that You will display and sell the products in alignment with the Social Seller’s values of fair trade, social enterprise and making the world a better place for everyone. Any breach of this may be grounds for Social Sellers to terminate this agreement and will subsequently affect Your ability to purchase or make a commission from us. You agree that You will not take another Independent Promoter’s client. You will refer them back to that person wherever possible by contacting Social Sellers. Failure to do this may result in termination at Social Seller’s discretion.


You are permitted to advertise on social media, in newspapers, on radio, television and any printed media using our approved marketing material provided to You. You must not purchase any advertising, domain names, keywords, or other identifiers that compete directly with Social Sellers. You must not place Your Promoter code on a coupon website or place any of the Social Sellers products and services on other external sites such as eBay and Amazon without prior written permission.


You must not send emails that would be considered spam. Social Sellers adheres strictly to all anti-discrimination, anti-spam and harassment laws which prohibit You from excessively calling clients, potential customers and other Independent Promoters of Social Sellers or making derogatory comments in any form. If You are found to be doing this, You may be terminated immediately without warning which will cause You to lose all future and outstanding commissions.


You are permitted to attend live events such as markets, trade shows etc and understand we only allow one person to be at any such event at a time. You must ask organizers if any other Independent Promoters at the event. If a person does not attend that event three (3) consecutive times or are generally unreliable about their attendance, they are forfeiting their exclusive rights to this market/event and You are able to take over this location.


You may only sell Social Sellers products and services from the Social Seller’s website and are in no way permitted to download them with the purpose of resale on another website without written permission from Social Sellers. You are not permitted to edit or modify Social Seller products in any way.


You understand that there is no territory restriction globally. All prices on the website are listed in Australian dollars but permits purchases from other countries. It is our goal to help You work internationally where our website can be built and our systems utilised. WE ARE ALL ABOUT GLOBAL EXPANSION!


2.Disclosure

In the event You use Your Promoter code in an endorsement or review, it must be clear it is a paid advertisement and that You receive a Promoter commission from any purchase.


3.Non-Disparagement

You are not permitted to comment negatively about or disparage the products or services of Social Sellers or any other person or entity, including without limitation the products or services of a Social Sellers competitor. You are not permitted to engage in any unlawful or deceptive actions with respect to search engine optimization, including, but not limited to, using any technique that generates paid search results based on any trademarks of Social Sellers, any brand name of Social Sellers, or based on the trademarks or brand name of any competitor of Social Sellers, or any other third party. Promoters shall not direct link to a Social Sellers’ sales page from any paid advertising.


4.Use of Intellectual Property

You agree to protect Social Sellers globally. The name and ‘Social Sellers’ are of great value to those that it works with and it is supplied to You for Your use only in expressed authorized manner. It is Your responsibility to safeguard and promote the good reputation of Social Sellers; to ensure that Your marketing efforts contribute to the public interest; and to avoid discourteous, deceptive, misleading, unethical, or immoral conduct or practices. We want to respect the dignity and rights of all that work with Social Sellers.


You are required to obtain written permission on ALL marketing materials and literature that uses the Social Sellers logos, intellectual property, materials, copyright, photos, videos and products prior to use if they are not designed by us or our authorized representatives. This includes but is not limited to print media, online advertisement, internet published material or literature not produced by Social Sellers.


You are not allowed to use the name Social Sellers (or any other names, taglines or trademarks adopted by Social Sellers) in any form in Your name, a Facebook group or page, tagline, an external website name, Your personal website address or extension, a website domain name, in an email address, as a personal name, or as a nickname, targeted keywords. For example, You may NOT secure a domain name such as www.buysocialsellers.com; NOR an email address such as socialsellers@gmail.com. Additionally, if You use the Social Sellers name in a voicemail greeting, You must specify that You are an “Independent Promoter” to clearly distinguish Yourself from Social Sellers or any other registered business name of the Company. You are also not permitted to answer Your phone by improperly using the Company’s name (e.g. You may not answer “Thank You for calling Social Sellers, Susan speaking.”)


5.COMPETITION CLAUSE

You understand that You will not promote a product/service that directly competes with Social Sellers. You are not permitted to sell similar items to Social Sellers products and services, such as any competing, copycat or counterfeit products. Other complementary and non-competing products may be sold. Other products are permissible such as beauty, cosmetics, health etc. but be aware that too many different choices may be a risk as overwhelmed clients quite often do not buy which will cause relationship problems in the future.


You agree that You will not purchase for purpose of sourcing products direct from our suppliers, taking products or services to other persons, business or organization to replicate in any country globally or attempting to make Yourself unless permitted in writing by Social Sellers.


You agree to value our skills that have taken time to develop. To purchase all products and services only from Social Sellers or our approved trainers, wholesalers and/or franchisees. You agree that You will not create a business of similar nature (specifically website design, digital product/course design/creation and social media marketing in direct competition to Social Sellers) within 3 years of Your termination with Social Sellers. Legal action may be initiated if this occurs at the discretion of Social Sellers.


You do not have a unique advantage, relationship with or access to inside information about company projects, executives or employees that all other Independent Promoters do not have.


6.INCOME AND BUSINESS OPPORTUNITY CLAIMS

Promoters are expressly prohibited from making any claims that the use of Social Sellers will guarantee that anyone will make money. If the Promoter’s recruiting efforts include claims related to income, Promoter has made from using Social Sellers or as a Promoter, the following guidelines must be adhered to:

(a) Promoter’s statements must be completely true and accurate and supported by evidence of the Promoter’s experience; and

(b) Promoter’s statements must be accompanied by the following disclaimer in clear and conspicuous font and placement: “These were my personal results. Your results will vary based on a variety of factors including Your education, experience, effort, economic environment, and market factors. There is no guarantee You will make any money.”


7.SOCIAL MEDIA GUIDELINES

If promoter advertises on Facebook, Twitter, Instagram, Linked In, Pinterest, Tik Tok, YouTube or any other social media platform, then each post must comply with all of the following:


  • Each post must contain @socialsellers or #sslife so it can be easily tracked by compliance.

  • The promoter must also comply with all rules of each social media platform that Affiliate uses.

  • The promoter must disclose that they are an affiliate and will receive payment from any sales that occur
  • Promoters are not permitted to have a social media business page, group or account that contains our logo, name or any trademark as it is a breach of intellectual property rights and creates confusion for people who are looking for us and associated with the Social Sellers brand.

  • Promoters must not post their Promoter links on Social Seller’s social media. This includes Facebook Business page and any groups run by Social Sellers including The Digital Nation or personal profiles of other Independent Promoters without written permission.

8. REFERRING OTHER INDEPENDENT PROMOTER

You have the right to refer other persons to become Independent Promoters with Social Sellers but understand that this is not a multi-level marketing company. You will be paid a flat rate bonus and commission on this person’s purchases as a Thank You for the spreading the word. Unfortunately, we are not able to pay You for anyone that they refer to join. You are not permitted to complete or agree to terms and conditions via the online application on behalf of any other person. Social Sellers reserves the right to reject or cancel any new application.


If defined as active, You have the right to earn commissions and bonuses pursuant to the Compensation Plan. An Independent Promoter is considered “active” if they pay their activation fee and have a minimum of 20 unique referrals coming in through their link each quarter. This may be waived in some cases at the sole discretion of Social Sellers in accordance with a promotion or on the orders processed in the calendar year.


You agree that when presenting the Social Sellers opportunity, Compensation Plan, benefits and Social Sellers products and services as set forth in official Social Sellers literature with honesty and integrity. You will provide a copy of the Income Disclosure if asked about income possibilities. You are to ensure that the new Independent Promoter is over 18 years of age and authorised to work within their joining company. You agree you will not coerce or force anyone into becoming an Independent Promoter or Social Sellers customer (Sale) especially if they can be considered ‘not of sound mind’ or ‘not able to make the decision’.This includes people with mental and intellectual disabilities that would not legally be able to make choices.


You agree when signing up a new Independent Promoter to ensure that You help them make the most of this opportunity by guiding them back to Social Seller training groups and materials for assistance. If found to be recruiting and failing to provide assistance by linking them with the resources provided by Social Sellers, You are at risk of forfeiting any commission or bonuses for that person and potentially being terminated. Social Sellers is committed to high customer service and connecting anyone who joins to provided training resources. You must be committed to the success of anyone that You refer to join as an Independent Promoter or Preferred Customer in order to be paid commission for that person. Social Sellers reserves the right to move Independent Promoters and Preferred Shoppers to another Independent Promoter if You fail to connect the new Promoter or Preferred Customer to the resources created by Social Sellers. This is will be solely at their discretion and will mean the loss of any commissions or bonuses applicable for that person.


If You believe errors have been made regarding any monetary payment, Commissions, Bonuses, charges, or the placement of team members, You must notify Social Sellers in writing within thirty (30) days of when purported error or incident occurred. Failure to provide notice within the stated period shall constitute a waiver of all claims.


SECTION 9: TERMS AND TERMINATION

1.GENERAL COMPLIANCE

You must be a minimum of eighteen (18) years of age to join and reside in a country/territory too which Social Sellers is permitting Independent Promoter enrolment, pay an activation fee, agree to Independent Promoter Agreement and submit a properly completed application online.


Social Sellers never gives up its right to insist on compliance with the Independent Promoter Agreement including the Policies and Procedures. Even if Social Sellers chooses, for whatever reason, not to enforce compliance, this does not make any portion of the Independent Promoter Agreement, including the Policies and Procedures, invalid and it does not constitute a waiver of Social Sellers right to enforce compliance with any term of the Independent Promoter Agreement. A waiver by Social Sellers is only valid if delivered in writing by an authorized representative Social Sellers and applies only to the specific instance or occurrence at hand. This written waiver does not limit or impair Social Sellers right to insist on future compliance with the Promoter requesting a waiver, nor does it affect or impact in any way the compliance required of other Promoters, even in similar cases.

2.PRIVACY

You are not permitted to take customers credit card details or any personal information above what is needed to help them process an order on the Social Seller’s website. You are not allowed to store sensitive information such as card numbers of any of Your referrals. You agree to keep all personal details secure as well as any information directly/indirectly obtained, overheard or disclosed to You as a result of, or in connection with Your as highly confidential and do not disclose it to others under any circumstances without written permission from the individual or Social Sellers.


The names and addresses of customers given by the Independent Promoter to Social Sellers shall remain the sole property of Social Sellers and will not be used by Social Sellers or disclosed by Social Sellers to other parties, except as required by law. In addition to this, the Promoter agrees that any contacts and customers obtained during their time with Social Sellers remain the property of Social Sellers and must not be used for financial gain or contacts with any new ventures especially competing products and services.


You consent to us sending You information we feel is important to You either electronically including specials, policy changes, notices and new documents. You agree You will keep Your personal details on file including phone number, address, bank details and email address are always kept up to date so that we can contact You. Social Sellers will only share Your personal information with other Independent Promoters and third-party vendors as necessary for the fulfilment of contractual obligations, lodge bad debt recovery case or if it is discovered that You have breached any legal obligations. With Your consent, we may give Your name and phone to a potential customer. Please advise us if You don’t wish this to occur.


You authorize Social Sellers to use Your name, photograph, personal story, and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use. You authorize Social Sellers to publish Your performance on leader boards that publish the name and results for top-performing Promoters. Such authorization includes the publication of Your personal, recruiting results, and various reflections of the team. You also authorize Social Sellers to reference You and Your approximate geographic location on Social Sellers online Promoter Map. Note that the Independent Promoter may opt-out of the Leader board and/or Map authorization by submitting written notice to Social Sellers.


3.COMPLAINT NOTIFICATION

You agree to notify Social Sellers of any complaint received by Promoter regarding any advertisements and product issues to the Social Sellers within twenty-four (24) hours of receiving such complaint so they can be rectified. The notice should be sent to hello@socialsellers.com.au.You understand all clients are protected by Australia Consumer Laws and You are to maintain full compliance with all these stated conditions of sale – full information available at https://www.accc.gov.au/consumers/consumer-rights-guarantees/repair-replace-refund


4.INDEPENDENT CONTRACTOR

For the purpose of this agreement, You are an Independent Contractor (“Promoter”) of the Social Sellers. It is the express understanding and intention of the Parties that no relationship such as but not limited to an employee, agent, partner, joint-venture partner, legal representative, or franchisee of Social Sellers. You understand that You WILL NOT be treated as an employee of the Social Sellers for State OR national tax purposes nor any other expense and purposes pursuant to any applicable laws or regulations including employment and superannuation. The only compensation available to You is set forth in this Agreement and publicised on our websites and in our Facebook Groups. You are solely and exclusively responsible and liable for all of Your acts or omissions. You have no power or authority to bind Social Sellers or incur any debt, expense, obligation or liability on behalf of Social Sellers including opening bank account or merchant facility on behalf of, for, or in name of Social Sellers.


A business may enrol as Independent Promoter but must have an authorised representative. They are required to provide a valid ABN number or provide Social Sellers with a NAT3346 form. A business similar in nature or that is in any way competitive to Social Sellers is not permitted to join.


You understand as an independent contractor commission and bonuses may be considered taxable income and as such you may need to obtain an ABN and/or be GST registered if you are located in Australia. If international, You must comply with applicable business and taxation laws in Your country of operation and are required to complete a NAT3346 in order to be paid commissions. You agree will report and remit all monies paid by Social Sellers to You, withholdings or other deductions as required by any applicable laws, ordinances, rules and regulations. Social Sellers is not responsible for withholding and shall not withhold or deduct from Your bonuses and commission for taxes of any kind.


If not a legal resident of a country, You must be legally authorised to work and if it is discovered that You have provided false residency information, identification or information during application this Agreement terminated and You will lose any commissions and bonuses not already paid. You are not permitted to encourage individuals not legally authorised to work to complete the application process and if discovered You risk immediate termination.


5.NO WARRANTY, NO LEADS.

You acknowledge that while it is our goal to provide You wherever possible with the tools to achieve success, nothing works unless You do; You must take action in order for this to succeed. You are responsible for Your success. Social Sellers does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that Social Sellers will not at any time provide sales leads or referrals to You unless You are at Partner Status.


You are required to comply with all applicable laws, ordinances, rules, licensing and regulations in the city, state and country that You are running Your Promoter business. You assume full sole liability for all legal obligations, applicable licenses/ fees, registrations, insurance, worker’s compensation and other mandatory payments for Yourself and any person employed by You. You are solely responsible for paying all expenses incurred by Yourself, including but not limited to travel, event fees, food, accommodation, office, administration, telephone, and any other expense related to the sale of these products.


6.LIMITATION OF LIABILITY

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL SOCIAL SELLERS OR ANY OF ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, PARTNERS, TELECOMMUNICATIONS PROVIDERS, SUPPLIERS, PROMOTERS AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS, CAUSE OF ACTION OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER SOCIAL SELLERS HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.


IN NO EVENT SHALL SOCIAL SELLERS’ LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO SOCIAL SELLERS FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST SOCIAL SELLERS OCCURRED OR ONE-THOUSAND DOLLARS ($1,000), WHICHEVER IS GREATER.


YOU FURTHER AGREE TO RELEASE AND HOLD HARMLESS SOCIAL SELLERS, ITS OWNERS, DIRECTORS, EMPLOYEES, SUPPLIERS, INDEPENDENT CONTRACTORS, PROMOTERS AND SUPPLIERS FROM ALL LIABILITY ARISING FROM OR RELATING TO THE PROMOTION OR OPERATION OF YOUR BUSINESS AND ANY ACTIVITIES DIRECTLY OR INDIRECTLY RELATED TO IT (e.g., the presentation of Social Sellers products/services, compensation and marketing plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), AND AGREE TO INDEMNIFY SOCIAL SELLERS FOR ANY LIABILITY, DAMAGES, FINES, PENALTIES, AND/OR OTHER AWARDS ARISING FROM ANY UNAUTHORISED CONDUCT THAT YOU UNDERTAKE IN DURING THE OPERATION OF YOUR BUSINESS.


7.DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION, CLASS ACTION WAIVER, & GOVERNING LAW

This Agreement and matters pertaining to it shall be governed by the State of Queensland, Australia laws without regard to principles or conflicts of laws. In the event of a dispute between You and Social Sellers arising from or relating to Independent Promoter Agreement, or rights/obligations of either party, the parties shall attempt in good faith to resolve the dispute through nonbinding. Social Sellers shall not be obligated to engage in mediation as a prerequisite to disciplinary action against an Independent Promoter. If the parties are unsuccessful in resolving the dispute through mediation, the dispute may be settled totally and finally by arbitration.


Notwithstanding the foregoing, Social Sellers may bring an action before the courts seeking a restraining order, temporary or permanent injunction, or other equitable relief to protect its intellectual property rights, including but not limited to customer and/or Promoter lists as well as other inside information, trade secrets, trademarks, trade names, patents, and copyrights. Social Sellers may also seek judicial enforcement of an arbitration award. In all actions before the courts, the parties’ consent to exclusive jurisdiction and venue before the Australian District Court in Brisbane, State of Queensland.


If an Independent Promoter wishes to bring an action against Social Sellers for any act or omission relating to or arising from Independent Promoter Agreement, such action must be brought within later of (a) one (1) year from date of the alleged conduct giving rise to the cause of action, or (b) shortest time permissible under state law. Failure to bring such action within such time shall bar all claims against Social Sellers for such act or omission. Independent Promoter waives all claims that any other statutes of limitations apply.


8.INDEMNITY

You agree to protect, defend, indemnify and hold harmless Social Sellers, its owners, officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limitation arising out of Your conduct, acts, or omissions related to Your application and/or performance of this Agreement including, but not limited to, any breach of this Agreement. Your indemnity obligation includes, but is not limited to, any third-party claim against Social Sellers for liability or payments for damages caused by, or other liability relating to, You. This provision expressly survives the termination of this Agreement.


9.SEVERABILITY

In the event of any provision of the Independent Promoter Agreement is held to be unlawful, invalid or unenforceable, such provision shall be reformed only to the extent necessary to comply with the law, rule, or regulation to make it enforceable, and the balance of the Independent Promoter Agreement will remain and continue in full force and effect.


10. MODIFICATIONS AND AMENDMENTS

You understand that this Independent Preferred Promoter Agreement, Social Sellers Terms of Service, Privacy Policy and Refund/Exchange Policy may be amended at the sole discretion of Social Sellers, with or without notice to You. Social Sellers may change recommended retail prices, discounts, commissions, shipping and handling charges, contest rules and active status requirements at any time and shall become effective within the given days after publication.

Any such amendments or modifications to these agreements will apply to You, will be binding and You must comply with them in their entirety. This Agreement, including any subsequent amendments, shall be effective from the date of acceptance for an indefinite period until terminated by either party for either any breach of its terms and conditions in which case termination is immediate or by no less than thirty (30) days written notice by either party at any time. Amended policies shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. Such written notice, and changes to the General Terms and Conditions in this Agreement, shall be published in the Digital Nation Facebook Training group, on Social Sellers website and/or by an electronic mail to the email address provided by You to us. Your continued acceptance of Commission and Bonus Payments constitutes your acceptance to any modifications or amendments to this Agreement and all relevant policies as stated above.


This agreement may not be altered, modified or changed by the Independent Promoter in any way, except as agreed to in writing by Social Sellers.No amendment to this Agreement or Any Policies will be valid unless prepared or signed by Social Sellers.


The Independent Promoter Agreement, in its current form and as amended by Social Sellers at its discretion, constitutes the entire contract between Social Sellers and Yourself. Any promises, representations, offers, or other communications not expressly set forth in the Independent Promoter Agreement are of no force or effect. Any waiver by Social Sellers of any breach of the Independent Promoter Agreement must be in writing and signed by an authorized employee of Social Sellers. A waiver by Social Sellers of any breach of Independent Promoter Agreement by You shall not operate or be construed as a waiver of any subsequent breach.


SECTION 10: ADDITIONAL REPRESENTATIONS AND WARRANTIES

In addition to Your other representations and warranties herein, You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against You by the Federal Trade Commission (“FTC”), any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against You which relate to alleged intentional torts or alleged violation of any consumer protection or advertising laws. If You become the subject of such an investigation, inquiry, prosecution, or lawsuit any time after this Agreement is executed, You are required to notify Social Sellers of the same within 24 hours. Social Sellers, in its sole and exclusive discretion, may immediately terminate Your participation in Social Sellers’ Promoter program, as well as immediately terminate this Agreement, based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph.


SECTION 11: ENTIRE AGREEMENT

This Agreement along with Social Sellers’ standard Terms of Services, Refund and Exchange Policy, Privacy Policy represents the entire agreement between the Parties and supersedes any other written or oral agreement between the Parties as pertaining to Your Promoter application and, if approved, Your rights and responsibilities as a Promoter. 



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Who Is Faith Christiansen?

Over the past 20 years, Faith Christiansen has built multiple six-figure businesses with the addition of digital products and websites as passive income revenue streams.  She has worked in a variety of different industries from hospitality to travel, personal development and even run her own six-figure eCommerce business that supported a humanitarian foundation.  She has sold millions of dollars in products personally, is in the top 1% of affiliate recruiters, built and trained promoters for numerous affiliate programs  She has now founded Social Sellers to help coaches, consultants and online entrepreneurs easily create passive income while still having time freedom with the use of automated sales funnels systems so they no longer have to be held hostage by complicated, expensive tech and overwhelming to-do lists.  She is on a mission to help make the world a better place by helping everyone reach their financial freedom figures faster.

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