Affiliate Agreement

Thank you for your interest in promoting and recommending Legally Shalini Templates and Template Bundles to your clients.

This document sets out the terms of our agreement for you to be an affiliate both the benefit of your business and Legally Shalini.

Please read the whole agreement carefully.    You agree that this document becomes a legally binding contract between us when you submit your details to request an Affiliate Account with Legally Shalini to provide you with a personalised affiliate link to use when you refer potential clients to the Legally Shalini website.

 

About Legally Shalini

Legally Shalini is owned by Shalini Nandan-Singh, a registered lawyer in Queensland, Australia.  Shalini has a strong commitment to supporting businesses in the start-up phase and beyond to manage their legal and business responsibilities to themselves, their clients and their wider community.

Shalini’s main service is customised drafting of all legal agreement for small business and legal support and mentoring for small business owners and solopreneurs.

These Legal Templates have been created by Shalini and are the result of drafting hundreds of customised legal documents.  The templates are generic in nature with instructions on how best to customise to suit a particular business purpose.

 

Contact Details

Shalini Nandan-Singh

Legally Shalini ABN 17 148 927 117

Email Address shalini@legallyshalini.com.au

Postal Address – please email for postal address details.

 

Enrolment as Affiliate

Enrolment is via application only through this website. Click here to register.

You will be required to provide your name, business name, ABN, full contact details and PayPal address for payment for affiliate commission payments.

Shalini Nandan-Singh reserves the right to refuse your enrolment application if she believes that you or your clients would not benefit from this affiliate relationship, if there is a lack of shared business values or if there is a risk to Legally Shalini or Shalini Nandan-Singh’s professional reputation.

 

Affiliate Management System

The affiliate relationship with Legally Shalini is managed through the Legally Shalini Website using Yith Woocommerce Affiliates.

Affiliate links are tracked by cookies on the end-user’s (whomever the affiliate shares the link with) internet browser for up to 180 days.

End-user must have support for browser cookies for the tracking to work effectively.

Legally Shalini is not responsible for payment commissions where the Affiliate link has not been tracked for any reason including where the end-user browser cookies are not working to provide the information required to confirm a successful conversion using the Affliate link provided.

As an affiliate, you will receive 25% of the total sale price as a commission for all orders of Legally Shalini products placed through your affiliate link. The commission is calculated solely on the sale of templates and product downloads.

Where the client you refer under this Agreement chooses to upgrade to Review Service, a legal Coaching Call or any other personalised service with Shalini Nandan-Singh, the Client will be directed to a different booking process which is expressly excluded from this Agreement.

No commission is payable on any further invoice paid by the client which relates to the provision of legal services to the client by Shalini Nandan-Singh.

All payment and all references to payments or money in this Agreement are in Australian dollars.

Legally Shalini may change this commission rate at any time, including increasing the commission percentage temporarily for promotional periods, from time to time.

At the conclusion of any promotional period, the rate will return to the regular commission percentage under this Agreement.

In order to generate a commission, the referred client must:

  • Use your properly coded affiliate link (it is your responsibility to ensure that the correct link is provided to the client) AND
  • Pay for the Template or Template Bundle in full through the Legally Shalini Website; AND
  • Not request a refund within 7 days of their purchase. (Orders that are refunded for any reason whatsoever do not attract a commission payment.)

Commission payments will be made to you quarterly, through PayPal or the account that you specify for EFT when you apply to be a Legally Shalini affiliate.

It is your responsibility to notify Legally Shalini of any changes to your contact details, email address or account.

The order price charged to clients includes GST.

Legally Shalini will be responsible for paying the GST on the whole purchase price charged to the client.

You are responsible for meeting all of your tax obligations in respect of your affiliate income, including paying GST out of your commission if you are registered to do so. Your 25% commission will be calculated on the base Template or product price LESS GST.

 

Australian Consumer Law

Legally Shalini products and services are offered in compliance with Australian Consumer Law. Each product or service package includes a Terms of Purchase document which sets out the applicable refund policies for that product.

Commission on payments processed during the 7-day period before the end of the quarter will be held for the following quarter to ensure the funds are available for a refund if required.

If a client has any problems, difficulties or complaints, this is entirely the responsibility of Legally Shalini and your commission will not be impacted.

 

Order delivery and fulfilment

Legally Shalini is solely responsible for the digital delivery of the Templates purchased from the Legally Shalini website. Digital delivery of Templates, Template Bundles and products including Terms of Purchase (via download) is triggered immediately upon payment by the Client.

 

Your obligations as an affiliate

As an affiliate of Legally Shalini, you agree

  1. You may not supply Legally Shalini Templates and products to your clients by any other means other than by your customised Legally Shalini affiliate link.
  2. You are not authorised to collect payments from the sale of Legally Shalini Templates or products yourself.
  3. You are not authorised to sell Legally Shalini Templates and products as a reseller through any other means other than using your official affiliate link.
  4. You are not authorised to give away any Legally Shalini Templates and products for any reason whatsoever.

Any breach of this term (1-4) will result in immediate termination of your affiliate relationship with Legally Shalini, and Legally Shalini reserves the right to take appropriate legal action.

 

Customer Service

All clients who purchase templates or products from Legally Shalini using your affiliate link become a client of Legally Shalini and are therefore subject to the terms and condition of working with Legally Shalini.

There is no client responsibility relationship between you and the purchaser in relation to the templates.

The affiliate commission is a fee paid to you for your recommendation and introduction of Legally Shalini services resulting in a client purchasing from Legally Shalini.

This fee in no way alters either Party’s autonomy to meet their respective obligations of customer service through their individual businesses.

Legally Shalini may change terms and conditions, business processes, available products and services or prices at any time.  You will be notified where any such change is likely to affect our current affiliate agreement.

 

Unacceptable Behaviour

Shalini Nandan-Singh, as qualified legal practitioner, and Legally Shalini have a professional responsibility to maintain a good standing in both the local and online community and therefore cannot be affiliated with any person who is found to be conducting themselves in a manner that is personally and socially offensive, or seen to be advocating violence, discrimination of any kind, or engaging in illegal activity.

You agree that while this affiliate relationship is a means for you to benefit your clients in enabling them to access quality legal services and products for their business, engaging in spam email or other forms of internet abuse including spamming forums, blogs, twitter, Facebook, or other social media) as a means to market, advertise or solicit sales is strictly prohibited and will result in the termination of this Agreement.

Spam means:

  • Emails and email campaigns to people with whom you do not have an existing commercial or personal relationship
  • Emails and email campaigns to people who have not consented to receive marketing information and material from you through a properly compliant opt-in subscription
  • Posting irrelevant and off-topic message posts in Facebook groups without consideration to the group rules or theme days
  • Cold private messaging people with the intention to sell the products the subject of this Agreement.
  • Posts and comments on all social media, emails, and personal calls and letters that include unsolicited attempts to sell to the recipient

You may not use your affiliate links to gain commission on your own purchases of Legally Shalini products or services.

However, if you wish to purchase any Legally Shalini products or services for your own use, please email shalini@legallyshalini.com.au  and you will be provided with an affiliate discount code of 25% off the full price.

 

Our Relationship

This agreement does not create any partnership, joint venture, agency, franchise, sales representative or employment relationship between you and Legally Shalini.  Both parties are independent contractors in this affiliate relationship.

You understand and agree

  1. You have no authority to make or accept any offers or representations on behalf of Legally Shalini.
  2. You must not make any statement, whether on your website or in any other form, that would reasonably lead clients or members of the public to believe that you do have this authority.

 

Intellectual Property

You may use wording and imagery from the Legally Shalini website when directly promoting the templates.

You understand and agree:

  • These images and copy and any other design resources remain the property of Legally Shalini; and
  • Your right to use them is limited to the term of this agreement and for the purposes set out in this agreement.
  • Your right to use them is non-exclusive; and
  • These images and copy and any other design resources are non-transferable and may not share them with another party for any reason;
  • These images and copy and any other design resources are provided to you royalty-free for the term of this agreement and for the purpose set out in this agreement only.

You acknowledge that Legally Shalini is the sole owner of the copyright in the products and services that are being sold under this agreement and that you have had no part in their creation.

 

Term and Termination

This agreement begins when you are issued with your affiliate link and will ends when it is terminated by either party.

Either party may terminate this agreement at any time, by giving written notice to the other for any reason.  Disclosure of reason is appreciated but not necessary.

On termination of this agreement, all licenses to use Legally Shalini intellectual property and branding immediately cease.

You must remove any element of Legally Shalini branding from your website, or anywhere else that it is displayed within 7 days of termination.

A final commission payment (if applicable) will be made on next quarterly payment cycle.

 

Limitation of Liability

Legally Shalini is not liable for any damage or financial loss of any kind arising in connection with this agreement or your role as an affiliate, even if Legally Shalini had the knowledge or should reasonably have suspected that this damage or loss may occur. In any event, Legally Shalini’s entire liability arising in respect of this agreement or affiliate relationship will not exceed the total commission

paid or payable to you under this agreement. Your liability towards Legally Shalini is subject to the same limitations.

In undertaking your role as an affiliate, you understand and agree

  1. there is no guarantee that you will earn any income from this relationship.
  2. Legally Shalini has no control over or responsibility for WordPress, WooCommerce or the YITH Affiliates plugin.
  3. Legally Shalini cannot guarantee that the operation of the website or the affiliate links provided to you will be uninterrupted or error-free.
  4. If there is a failure of service through my website, every effort will be made to correct or mitigate the issues arising, however Legally Shalini cannot be held responsible for any consequences that result from interruptions or errors in the service of these third parties.

 

Dispute Resolution

The services of Legally Shalini is located in Brisbane and this agreement is subject to the governing law of Queensland, Australia.

If you have any issue or complaint arising out of this Affiliate Agreement, all parties agree to make a genuine effort to resolve any issues through discussion and negotiation.

If we are unable to resolve a dispute by negotiation and discussion within 14 days, we agree to proceed to mediation with the assistance of an accredited mediator and we agree to share the costs of mediation equally.

If we cannot agree on a mediator, we will request a mediator to be appointed by the Queensland Law Society.

Litigation is to be considered as a last resort and may not be commenced until, in the opinion of the accredited mediator, the potential for negotiation and mediation have been exhausted.

We agree that any dispute or issues will be confidential between the parties and the mediator and both Parties will refrain from discussing any dispute or related issues or referring to each other in a disrespectful manner on any social media or public forum. This is to protect both parties’ professional reputation and relationship.

 

Other Matters

If any part of this agreement cannot be enforced for any reason, that part of the agreement is severed and will not affect the rest of the agreement.

 

Agreement

This document represents the whole agreement between you and Legally Shalini and replaces any earlier agreements, undertakings or conversations.

Legally Shalini may modify this agreement or any of its terms at any time will notify you of any such modifications by providing you with a new copy of this agreement. If you do not agree with any of the modifications, you are invited to discuss your concerns or terminate the affiliate relationship in accordance with the terms of this agreement, if you feel your concerns have not been resolved to your satisfaction.

Failure to provide written notice of termination in accordance with this agreement resulting in your continued participation as an affiliate of Legally Shalini will be considered evidence of your acceptance of the modified terms.

By proceeding with your application to be an affiliate you are deemed to have read and accepted this Affiliate Agreement and agree to be bound by the terms and conditions contained within it.

 

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