This Affiliate Program Agreement (“Agreement”) outlines the terms and conditions of participation in the SquareKicker Affiliate Program (“Program”) between:
Company: SquareKicker Ltd., a New Zealand Limited Liability Company (“Company”)
and
Affiliate: The individual or entity participating in the Program (“Affiliate”)
By applying to and/or participating in the Program, the Affiliate agrees to be bound by this Agreement.
The Program is open only to individuals or entities with an active SquareKicker subscription or those specifically invited by SquareKicker. However, the following are not eligible to participate:
Employees, officers, directors, or contractors of SquareKicker Ltd. (“SquareKicker Personnel”).
Immediate Family of SquareKicker Personnel (defined as a spouse or partner, parent, child, sibling, or any person residing in the same household).
Any company, trust, or other entity owned or controlled by the persons described above.
By applying to the Program, the Affiliate represents and warrants that they are not a person or entity described in this section and will promptly notify the Company if this changes. The Company may deny, suspend, or terminate participation if it determines an Affiliate is ineligible under this section. Participation is void where prohibited.
For the purposes of this Agreement:
Affiliate Link: A unique tracking link provided by the Company through Rewardful, used to identify the Affiliate’s referrals.
Qualified Purchase: A purchase made by a referred customer via an Affiliate Link within the applicable cookie tracking period that is not cancelled, refunded, or fraudulent.
Commission: The amount payable to the Affiliate for a Qualified Purchase.
Promotion: Any limited-time bonus, incentive, or special offer provided by the Company to Affiliates in addition to the standard Commission.
Products: The SquareKicker Extension and SquareKicker Templates, or any other products or services offered by the Company.
Introduce and promote the Company’s Products to your audience using lawful marketing methods.
Comply with all applicable laws and regulations, including those governing email marketing and anti-spam.
Bear all costs associated with marketing efforts (including hosting, advertising, postage, etc.).
Keep up to date with Program changes as they are communicated to you.
The Affiliate acts as a marketing partner and is not an employee, agent, or representative of the Company.
No partnership, joint venture, or employment relationship is created by this Agreement.
The Company may amend or terminate the Program at any time.
Extension subscriptions: 15% recurring commission for the first 12 months from the initial signup.
Templates: 15% one-time commission on the first sale.
Commissions apply automatically to all Qualified Purchases referred within Rewardful’s cookie window (90 days).
Commissions are paid monthly via Paypal.
Minimum payout threshold: $50 USD.
Adjustments may be made for refunds, chargebacks, or overpayments.
Final payments may be withheld for a reasonable period to confirm transaction validity.
Tracking is handled by Rewardful using cookies.
Last-click attribution applies within the stated cookie window.
If the customer disables cookies, clears them, or uses a different device/browser, tracking may not occur, and no Commission will be paid.
The Company is not responsible for untracked sales due to browser, device, or customer behaviour.
Affiliates may not:
Bid on the Company’s brand name, product names, or domain name in paid search.
Use false or misleading claims about the Company’s Products.
Publish unapproved coupon codes on third-party deal/voucher sites.
Engage in spamming, unsolicited emails, or other unlawful marketing practices.
Misrepresent themselves as the Company or an employee of the Company.
Only Company-approved coupon codes are eligible for Commission.
Coupons must be used in their original, unaltered form.
Unauthorised coupon use may void related commissions.
The Company reserves the right to investigate any activity suspected of being fraudulent.
This includes click fraud, self-referrals, and automated traffic.
Fraudulent activity may result in immediate termination from the Program and forfeiture of unpaid Commissions.
From time to time, the Company may offer Promotions to Affiliates.
Scope: Promotions may include fixed-amount bonuses, increased commission rates, client-facing discount codes, seasonal campaigns, or competitions.
Eligibility: Conditions for each Promotion will be communicated via email. Promotions apply only to Qualified Purchases made during the Promotion period.
Stacking: Unless otherwise stated, Promotions are in addition to standard Commissions.
Modification/Withdrawal: The Company may modify or withdraw a Promotion at any time without notice.
Payment: Promotional payments follow the standard payment schedule unless otherwise specified.
The Affiliate agrees to hold any confidential information belonging to SquareKicker Ltd. in strict confidence and trust, for the sole benefit of the Company, both during the term of this Agreement and at all times thereafter. The Affiliate shall not use such confidential information for any purpose other than as may be reasonably necessary for the performance of duties under this Agreement, without the Company’s prior written consent.
The Affiliate shall not disclose any confidential information to any person or entity, other than to employees or contractors of the Affiliate who require access for the purposes of performing their duties under this Agreement and who are bound by confidentiality obligations no less protective than those in this Agreement.
Confidential information does not include information that:
is or becomes publicly known through lawful means;
was rightfully in the Affiliate’s possession or general knowledge before the effective date of this Agreement; or
is disclosed to the Affiliate without restriction by a third party who rightfully possesses it and did not learn it from the Company.
The Affiliate’s obligations under this clause survive termination of the Agreement.
The Affiliate agrees to indemnify and hold harmless SquareKicker Ltd., its subsidiaries, affiliates, directors, officers, employees, agents, and shareholders from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable legal fees) arising from or related to:
Any claim that the Company’s use of the Affiliate’s trademarks, content, or materials infringes any trademark, copyright, or other proprietary right of a third party.
Any claim related to the Affiliate’s site or marketing activities, including but not limited to its development, operation, maintenance, and content, that is not attributable to the Company.
Any breach of this Agreement or misrepresentation by the Affiliate.
The obligations under this indemnification clause survive termination of the Agreement.
Either party may terminate this Agreement at any time.
The Affiliate is eligible for Commissions only on Qualified Purchases made during their participation in the Program.
The Company may remove an Affiliate for breach of this Agreement or any applicable law.
The following sections survive termination: Confidentiality, Indemnification, Applicable Law, and any obligations to pay outstanding Commissions earned before termination.
The Company may modify this Agreement at any time by notifying the Affiliate via email. Continued participation constitutes acceptance of the modified terms.
This Agreement shall be governed by and construed in accordance with the laws of New Zealand.
Any disputes shall be subject to the exclusive jurisdiction of the courts of New Zealand, and both parties irrevocably submit to such jurisdiction.
This Agreement sets forth the entire understanding between the parties regarding the Program and supersedes all prior agreements or understandings, whether written or oral.