Please note that throughout this document, “we,” “us,” and “our” refer to C&I.com.au, and “you,” “your,” and “yours” refer to you, the affiliate.
The advertising opportunities offered will be offered in a prioritised order, meaning it will always be offered to our highest tier, applicable partner/affiliate first.
Once the position has been occupied by a provider and is no longer available for lower tiers, a suitable or equivalent substitute will be offered. If no suitable substitute is available, credits for other services will be put in place.
2.1.Signing of this applications does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:
2.1.1. Promotes sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
2.1.4. Promotes illegal activities
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
2.1.6. Includes “Compareandinvest.com.au” & “Compare&Invest.com.au PTY LTD” or variations or misspellings thereof in its domain name
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
2.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
2.1.9. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are C&I.com.au or any other affiliated business.
2.1.10. All referred users to promoted affiliates are tracked and logged in the back end of our system. Each month a summary statement will be issued to your nominated email address outlining all referrals and commission payments due.
2.2. As a member of C&I.com.au’s Affiliate Program, you will have access to our affiliate area. Here you will be able to review our program’s details, your advertising statistics and any user referral comissions you may make by sending traffic to our site.
In this area you are able to download HTML code (that provides referral links to web pages within the C&I.com.au web site) and banner creatives to use on your website to advertise the C&I.com.au platform.
2.3. C&I.com.au reserves the right, at any time, to review your placement and promotions on our platform and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
2.4. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site and methods of promotion. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.
3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the C&I.com.au Affiliate Program at any time.
3.2. C&I.com.au reserves the right to terminate this Agreement and your participation in the C&I.com.au Affiliate Program immediately and without notice to you should you commit fraud in your use of the C&I.com.au Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, C&I.com.au shall not be liable to you for any unpaid commissions.
3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and C&I.com.au’s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in C&I.com.au’s Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
C&I.com.au uses a third party software to handle all of the referral tracking and payment. Some of the third party software used is google analytics. Kindly review the network’s payment terms and conditions.
You will be given a login for our affiliate account interface. From there you can view reports regarding advertising and inbound referral statistics for remuneration due to you and costs incurred via advertising. Outbound referral statistics will be generated at the end of each month and sent to your nominated email address.
8.1. You are free to promote your own web sites, but naturally any promotion that mentions C&I.com.au could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by C&I.com.au. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote C&I.com.au so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote C&I.com.au so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from C&I.com.au. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the C&I.com.au Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
8.2. Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as Compare&Invest.com.au, Compareandinvest.com.au, www.Compare&Invest.com.au, www.CompareandInvest.com.au, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from C&I.com.au’s Affiliate Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.
8.3. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited C&I.com.au’s site (i.e., no page from our site or any C&I.com.au’s content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of C&I.com.au site in IFrames, hidden links and automatic pop ups that open C&I.com.au’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of C&I.com.au’s Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of C&I.com.au and the good will associated therewith will inure to the sole benefit of C&I.com.au.
9.2. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
C&I.COM.AU MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING C&I.COM.AU SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF C&I.com.au ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
You represent and warrant that:
11.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
11.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL C&I.com.au’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless C&I.com.au, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
15.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and C&I.com.au. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
15.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
15.3. This Agreement shall be governed by and interpreted in accordance with the laws of Australia without regard to the conflicts of laws and principles thereof.
15.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
15.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
15.6. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
16.1 We reserve the right to choose suitable investment options and Financial services to promote and feature on the platform. All reviews are published based on service merit and have a 1 month review allowance.
17.1. It is at our sole discretion to decide on which affiliate/ partner will be presented in which location, and what the cap for advertising positions are. We will be using this to ensure all pages and advertising opportunities are used to maximise conversions and for the ultimate benefit of the customer. All provider pack offerings will be fulfilled and honoured, bolt-on access will be ‘sold’ on an application basis.
17.2. #1 Featured provider listings are offered in a tiered ‘as available’ fashion and two providers cannot occupy the one space. The quantity of featured provider profile placements any one provider can purchase is limited at our sole discretion.
17.3. EDM campaigns, social shares and other media/advertising allowances will always remain a flexible allowance, for both on and off-site applications. This ensures testing, refinement, retargeting and scaling can be done efficiently and effectively.
17.4. All print media is run as per required, unless otherwise agreed upon. It will be distributed at locations/ times that C&I.com.au schedules into the marketing plan for that campaign. No new print media will be run in the first 3 months of operation, unless otherwise agreed upon. *We reserve the right to run print media prior to the 3 month exclusion period, if deemed beneficial.
17.5. Banner Advertising Bolt-on opportunities are offered to all partners/affiliates, and are subject to placement availability, suitability and are offered on an application basis.
17.6. Native articles, guest posting, in content backlinks and other applicable contact points are bound by guidelines; these guidelines must be adhered to at all times. Failure to comply will result in termination/removal of the promotion/ material, until it is rectified. If further issues arise, a best practice/ provider fitness review will take place and further action implemented.
18.1. Any created content, implemented/ planned processes and user data, unless otherwise stated, will remain the sole property of C&I.com.au.
18.2. Exemptions include, Logo creation, Specific advertising material, custom videos and custom marketing material. Written permission must be obtained prior to any outside use taking place and will be supplied with each applicable provider marketable item.
18.3. All providers have the opportunity to negotiate custom terms and inclusions. This is decided on a case by case basis and could include items such as; website backlinks, advertising exposure, network connections and other unlisted perks. We reserve the right to implement and alter any package, or term, at any time without notice. Any changes will not affect current agreements/ contracts, and all previous contracts will be honored.
18.4 We reserve the right to change pricing at any time. Any agreements on pricing will have a pre-set contract period and be subject to the new pricing structure once the contract expires.
18.5 Collaborative marketing/advertising opportunities are offered to all Partners/Affiliates. All co-lab contracts and terms are negotiated on a case by case basis. We reserve the right to final say, timeline implementation and outside resource management at all times. All created co-lab material shall remain the sole property of C&I.com.au, unless otherwise agreed upon.