Affiliate Terms & Conditions

updated 19th November 2016

Please read these terms and conditions of use (the “agreement”) carefully before joining our Affiliate Program.

This agreement is a legal agreement between The Trading Coach International (ABN 52 856 717 716) and you.

By using any of the following websites (collectively, “The Trading Coach International websites”), you accept and agree to be bound by this agreement: TheTradingCoach.com.au and all websites that post this agreement.

If you do not agree to the terms and conditions of this agreement, please do not use any of The Trading Coach websites.

The Trading Coach International (referred to herein as “The Trading Coach,” “we,” “us” and “our”), reserves the right to change this agreement, in whole or in part, from time to time at our sole discretion, and to provide you with notice of such change by any reasonable means, including without limitation posting the revised draft of this agreement on The Trading Coach websites.

You can determine when this agreement was last revised by referring to the “last updated” legend at the top of this agreement.

You should always check this agreement prior to using The Trading Coach websites. Your continued use of The Trading Coach websites following the posting of changes to this agreement will constitute your acceptance of this agreement and any applicable changes.

For purposes of this agreement, the following terms have the following meanings:

  • The “Trading Coach affiliate program agreement” means The Trading Coach’s affiliate program agreement, collectively with The Trading Coach affiliate program terms and conditions attached to or accompanying such agreement.
  • A “Trading Coach affiliate program member” is an individual (a) who has agreed, pursuant to the terms of an The Trading Coach affiliate program agreement, to be an The Trading Coach affiliate, (b) who remains an active The Trading Coach affiliate in good standing, and (c) whose The Trading Coach affiliate program agreement or status as an The Trading Coach affiliate has not been terminated.

If you are a The Trading Coach independent affiliate, you acknowledge and agree that your use of The Trading Coach websites is subject to the terms and conditions contained in this agreement.

 

1 Note regarding The Trading Coach Affiliates.

The Trading Coach affiliates are independent third party contractors of The Trading Coach and are not otherwise affiliated with The Trading Coach. The Trading Coach is not responsible or liable for the statements, acts or omissions of The Trading Coach affiliates, whether through or in connection with The Trading Coach websites, “offline,” or otherwise.

The Trading Coach affiliates are granted the opportunity to purchase products directly from The Trading Coach at the relevant discounted prices listed on The Trading Coach website and in promotional material and can resell these products as a The Trading Coach affiliate at any price greater than the price for which they purchased it. This opportunity is subject to the terms and conditions contained in this agreement.

Without limiting the foregoing, you acknowledge and agree that The Trading Coach has no control over, and is not responsible or liable for, any text, images, or other information or materials posted by The Trading Coach affiliates, to any online sites (“The Trading Coach affiliate content”) or any materials communicated by an The Trading Coach to you.

The Trading Coach has not taken any steps to confirm the accuracy or reliability of any The Trading Coach affiliate content or other materials communicated by an The Trading Coach affiliate to you, and makes no representations or warranties as to the security of any communications between you and any The Trading Coach affiliate undertaken using The Trading Coach affiliate content (for example, email links posted by The Trading Coach affiliates).

 

2. Restricted uses.

The Trading Coach websites are owned and operated by The Trading Coach. The contents of The Trading Coach websites are copyrighted under Australia copyright laws and other countries through international treaties.

Except as stated herein, none of the material on The Trading Coach websites may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever.

Subject to your compliance with this agreement, and solely for as long as you are permitted by The Trading Coach to access and use The Trading Coach websites, you may download one (1) copy of any particular materials from The Trading Coach websites for your own personal non-commercial use, provided that you agree to abide by any copyright notice or other restrictions contained in or applicable to such materials, including any author attribution, copyright or trademark notice or restriction in any such material that you download. Modification of the materials, or use of the materials for any other purpose, whether commercial or non-commercial, is a violation of The Trading Coach’s copyright and other proprietary rights.

“The Trading Coach” and the other The Trading Coach trademarks, trade names, service marks and logos appearing on The Trading Coach websites are proprietary trademarks of The Trading Coach.

The use of any of our trademarks or any other content made available through The Trading Coach websites, except as expressly provided in this agreement, is strictly prohibited.

 

3. Information submitted through The Trading Coach websites.

Your submission of information through The Trading Coach websites is governed by The Trading Coach’s security and privacy statement (the”security and privacy statement”), located at http://TheTradingCoach.com.au/privacy-policy, and this agreement incorporates by reference the terms and conditions of the security and privacy statement. You are solely responsible for the information you submit or make available through The Trading Coach websites, including any information you submit or make available through The Trading Coach forums (defined in section 6 below).

You represent and warrant that any information you provide in connection with your use of The Trading Coach websites is true, accurate and complete, and that you will maintain and update such information as needed, such that the information remains true, accurate and complete.

 

4. Registration; user names and passwords.

You may be required to register with The Trading Coach in order to access certain areas of The Trading Coach websites, for example, to purchase The Trading Coach products or otherwise initiate transactions (as defined below in section 8). With respect to any such registration, we may refuse to grant you, and you may not use, a user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.

You must be over the age of 18 years of age to register an account with The Trading Coach. If The Trading Coach believes that you are below 18 years of age, or the information you have provided is inaccurate or incomplete, The Trading Coach may refuse registration, suspend or terminate your The Trading Coach account.

You are responsible for maintaining the confidentiality of any password you may use to access The Trading Coach websites, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to The Trading Coach websites, to any third party.

You are responsible for keeping such information current, complete and accurate. You agree to accept full responsibility for all transactions (including any information transmitted in connection with any transactions) and other interactions with The Trading Coach websites that occur in connection with your user name. You agree to immediately notify The Trading Coach of any unauthorised use of your password or user name or any other breach of security related to your account, your user name or The Trading Coach websites, and to ensure that you “log off” and exit from your account with The Trading Coach websites (if applicable) at the end of each session.

We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

You release The Trading Coach from and renounce any claim in respect of or arising from any reasonable reliance by The Trading Coach upon any use of your password, including The Trading Coach disclosing information relating to your registration and/or affairs with The Trading Coach.

You agree to indemnify and hold The Trading Coach, our officers and employees harmless from any claims, actions, costs (including legal costs), or losses by The Trading Coach or any third party due to, or arising out of, reasonable reliance by The Trading Coach or any third party upon any acts carried out, requests made or information provided through the use of your password.

 

5. Rules of Conduct.

We expect users of The Trading Coach websites to respect the law as well as the rights and dignity of others.

While using The Trading Coach websites and interacting with The Trading Coach clients, you agree to comply with all applicable laws, rules and regulations.

In addition, your use of The Trading Coach websites is conditioned on your compliance with the rules of conduct set forth in this section, and failure to comply with these rules of conduct may result in termination of your access to The Trading Coach websites pursuant to section 13 below.

You agree not to:

  • Post, transmit, upload or otherwise make available through or in connection with The Trading Coach websites:
    • Any information or materials that are or may be, or the posting, transmission or use of which is or may be: (a) threatening, harassing, degrading, hateful, disrespectful of the views of others or intimidating; (b) defamatory or libellous; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right.
    • Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offence; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”
    • Any virus, worm, trojan horse, easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software or equipment,
    • Any information which in any way impinges on another user’s use or enjoyment of The Trading Coach websites.
    • Any unsolicited or unauthorized advertisements, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation that is not expressly approved by The Trading Coach in advance.
    • Any personally identifiable information of yourself or another individual, without the prior consent of such individual.
    • Any material, non-public information about a company, without the proper authorization to do so.
  • Use The Trading Coach websites for any fraudulent or unlawful purpose.
  • Use The Trading Coach websites to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or to harvest or collect information about users of The Trading Coach websites.
  • Impersonate any person or entity, including without limitation any representative of The Trading Coach; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with The Trading Coach websites; or express or imply that we endorse any statement you make.
  • Interfere with or disrupt the operation of The Trading Coach websites or the servers or networks used to make The Trading Coach websites available; or violate any requirements, procedures, policies or regulations of such networks.
  • Restrict or inhibit any other person from using The Trading Coach websites (including without limitation by hacking or defacing any portion of The Trading Coach websites).
  • Use The Trading Coach websites to gain unauthorised access to other The Trading Coach user accounts.
  • Use The Trading Coach websites to advertise or offer to sell or buy any goods or services for any business purpose, without The Trading Coach’s express prior written consent.
  • Advertise The Trading Coach products via any website, whether owned by the affiliate or via an external party (including, but not limited to social media sites) for a price other than the listed price as specified on The Trading Coach website.
  • Reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, The Trading Coach websites.
  • Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of The Trading Coach websites.
  • Remove any copyright, trademark or other proprietary rights notice from The Trading Coach websites or materials originating from The Trading Coach websites.
  • Frame or mirror any part of The Trading Coach websites.
  • Create a database by downloading and storing The Trading Coach websites content.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather The Trading Coach websites content or reproduce or circumvent the navigational structure or presentation of the The Trading Coach websites without The Trading Coach’s express prior written consent.

Additionally, you acknowledge and agree that you (and not The Trading Coach) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use The Trading Coach websites, and for paying all charges related thereto.

 

6. Forums and Submissions.

The Trading Coach may offer features through The Trading Coach websites that enable you to post information and materials publicly, for example, bulletin boards, chat areas, and similar forums (collectively referred to herein as”forums”). All of the rules of conduct described in section 5 above apply to the forums.

Additionally, without The Trading Coach’s express prior written consent, you may not use the forums for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the forums to solicit other The Trading Coach website visitors or users to visit or become members of, subscribe to or register with any commercial online service or other organisation.

When you submit or make available any information or materials through the forums or otherwise through any The Trading Coach website (“submissions”), you acknowledge and agree that those submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by The Trading Coach without restriction.

You hereby grant to The Trading Coach a worldwide, perpetual, royalty-free, irrevocable, non-exclusive right and license, sub-licensable through multiple tiers, without compensation to you, to use, reproduce, distribute (through multiple tiers), adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise.

You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section with respect to each submission, and that your provision of submissions through the forums or otherwise through The Trading Coach websites complies with all applicable laws, rules and regulations.

You further irrevocably consent to our using your submissions without acknowledging your authorship of them and to our doing any other act which might otherwise contravene your “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any submission that you may have under any applicable law or under any legal theory. This section will survive termination of this agreement for any reason.

We reserve the right, at our sole discretion, to edit any submission and to choose to include or not include such submission in the forums or otherwise in The Trading Coach websites. The forums include the opinions, statements and other content of third parties, including The Trading Coach independent consultants. We are not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability or compliance with copyright or other laws.

Any opinions, statements or other materials made available by third parties (including The Trading Coach independent consultants & affiliates) through the forums or otherwise through The Trading Coach websites are those of such third parties and not of The Trading Coach, and The Trading Coach does not endorse any such opinions, statements or materials. We may remove objectionable statements or other content from The Trading Coach websites at any time if we deem removal to be warranted. Please understand that removal or editing of any submission or other materials may not occur immediately.

You acknowledge and agree that The Trading Coach has no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through the forums or any other part of The Trading Coach websites.

If you choose to make any of your personally identifiable information or other information publicly available through the forums or otherwise through The Trading Coach websites, you do so at your own risk.

 

7. Affiliate Remuneration

Affiliates are independent contractors of The Trading Coach and its parent business. Affiliates are not Pay as You Go Employees and, as such are not entitled to employee conditions including, but not limited to: annual leave, sick leave, penalty rates, long service leave, superannuation, minimum wage.

Compensation is by way of prescribed sales commission only.

Affiliates will receive the following commission on the FIRST sale that they have generated from a UNIQUE customer (i.e. have not been referred to The Trading Coach by any other means or person or are not already a customer of The Trading Coach).

The affiliate will generate the lead, and either conduct a sales presentation using Trading Coach approved scripts or sales materials, or provide full details of the potential customer to The Trading Coach for one of the Trading Coach Sales Team to conduct a consultation.

If the customer purchases one of the following goods or services, the affiliate will receive the commission specified below.

Sale of attendance at the Trading Coach “Cash Flow Trading Workshop” will result in a commission of AU$500 payable to the respective affiliate.

The affiliate must issue an invoice (non-GST registered affiliates) or a tax invoice (GST registered affiliates) in respect of any commission.  Payment will be made within 28 days from receipt of the invoice into the affiliate’s nominated bank account.

No other commission is payable on any other resulting sales.

 

8. Affiliate Private Workshops.

In the event of a private workshop collaboration between The Trading Coach Australia and an Affiliate, The Trading Coach Australia requires a minimum of 8 paid enrolments to pay full commission to the Affiliate, to ensure that costs are covered.

If there are less than 8 paid enrolments in the workshop collaboration, the Affiliate will receive one payment of $500 for the combined workshop enrolments and will have the opportunity to enrol into the workshop themselves with a $500 discount off the prescribed standard enrolment fee.

The Trading Coach International reserves the right to cancel a private workshop if minimum enrolments are not met and the enrollees will be offered a place in the next available scheduled Trading Coach Australia workshop at their location or an alternative location.

 

9. Intended audience.

All materials relating to The Trading Coach’s control or operation of The Trading Coach websites and The Trading Coach websites are subject to the law and exclusive jurisdiction of the state of Victoria, Australia. Unless otherwise specified, materials made available through The Trading Coach websites are presented solely for the purpose of providing services and promoting products available in Australia.

The Trading Coach makes no representation or warranty that any The Trading Coach website, in whole or in part, or any products, services, or materials made available through The Trading Coach websites, are appropriate or available for use in other locations.

Those who choose to access The Trading Coach websites from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable.

 

10. Links to or from other sites.

Except as otherwise expressly stated by The Trading Coach on a The Trading Coach website, The Trading Coach is not affiliated or associated with operators of any third party websites that link to or are linked from The Trading Coach websites. The Trading Coach expressly disclaims any responsibility for the accuracy, content, or availability of information found on third party websites that link to or are linked from The Trading Coach websites.

We cannot ensure your satisfaction with any products or services that are available through any third party site that links to or is linked from The Trading Coach websites because these third party sites are owned and operated by independent entities.

We do not endorse any of the products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information, made available through any third party sites.

We make no representations or warranties as to the security of any information (including without limitation credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party site or otherwise.

The Trading Coach is not responsible or liable, directly or indirectly, for the privacy practices or the content of such third party sites, nor for any damage, loss, expense, cost or offence caused or alleged to be caused by, or in connection with, the use or reliance on such content, goods or services available on such external websites or resources.

You agree that your use of third party sites and resources and any content, information, data, advertising, products, services, or other materials on or available through such sites and resources is at your own risk and is subject to the terms and conditions of use applicable to such sites and resources.

The Trading Coach shall have the right, at any time and at its sole discretion, to block links to The Trading Coach websites through technological or other means without prior notice.

 

11. Disclaimer.

The Trading Coach websites are provided “as is” and, to the extent permitted by law, without warranties of any kind, either express or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose and non infringement.

To the extent permitted by law, The Trading Coach makes no representation or warranty as to the accuracy, reliability, timeliness or completeness of any material on or accessible through The Trading Coach websites. Any reliance on or use of such materials shall be at your sole risk. The Trading Coach makes no representation or warranty (a) regarding the statements, acts or omissions of any The Trading Coach independent consultants; (b) that The Trading Coach websites will be available on a timely basis, or that access to The Trading Coach websites will be uninterrupted, error free or secure; (c) that defects or errors will be corrected; or (d) that The Trading Coach websites or the servers or networks through which The Trading Coach websites are made available are secure or free of viruses or other harmful components. If permitted by law, The Trading Coach’s liability for breach of any non-excludable statutory term, condition, warranty or guarantee is limited, at the discretion of The Trading Coach, in the case of services to (a) the supplying of the services again or (b) the payment of the cost of having the services supplied again and, in the case of goods to (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired..

While we try to maintain the integrity and security of The Trading Coach websites and the servers from which The Trading Coach websites are operated, The Trading Coach websites may include inaccuracies, errors and materials that violate or conflict with this agreement. Additionally, third parties may make unauthorized alterations to The Trading Coach websites.

If you become aware of any unauthorized third party alteration to The Trading Coach websites, contact us at support@TheTradingCoach.com.au with a description of the material(s) at issue and the URL or location on the applicable The Trading Coach website where such material(s) appear.

 

12. Limitation of Liability.

In no event shall The Trading Coach, its subsidiaries or affiliates, or any of their respective employees, officers, directors, agents or representatives (the foregoing entities, collectively, the”The Trading Coach entities”) be liable for any indirect, incidental, special or consequential damages or for loss of profits or business opportunities arising out of (a) this agreement, (b) the The Trading Coach websites, (c) your use of or inability to use the The Trading Coach websites, or (d) the acts or omissions of The Trading Coach independent consultants, in each event, even if The Trading Coach or such party has been advised of the possibility of such damages.

Applicable law may not allow the limitation or exclusion of liability or of indirect incidental, special or consequential damages or loss of profits or business opportunities, so the foregoing limitation or exclusion may not apply to you. The Trading Coach is not responsible for any unauthorized access to or alteration of your submissions, transmissions or data or for any material or data sent or received or not sent or received.

The Trading Coach is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party (including without limitation any The Trading Coach independent consultant), or any infringement by a third party of another’s intellectual property, privacy or other rights. In no event shall The Trading Coach’s total liability to you for all costs, expenses, damages, losses and causes of action (whether in agreement, tort, negligence or otherwise) arising from or related to this agreement, The Trading Coach websites, or your use of or inability to use The Trading Coach websites exceed the amount paid by you, if any, for using or accessing The Trading Coach websites.

 

13. Indemnification.

You will indemnify and hold The Trading Coach entities harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following (the”claims”):
(a) your use of, inability to use, or activities in connection with The Trading Coach websites;
(b) any violation of this agreement or any other The Trading Coach terms, conditions or policies by you or through any account you may have with any The Trading Coach website;
(c) any transaction;
(d) any allegation that any submission or other materials that you make available through The Trading Coach websites infringe or otherwise violate the intellectual property, privacy, or other rights of any third party
(e) amounts of commission claimed, not specified in this agreement; or
(f) your violation of any rights of any The Trading Coach website visitor, user, or customer, or any other third party; and you agree to reimburse The Trading Coach entities on demand for any damages, losses, costs, judgements, fees, fines and other expenses they incur (including legal fees and court costs) as a result of any claim(s).

 

14. Termination and Enforcement.

This agreement is effective until terminated by The Trading Coach. You agree that The Trading Coach, at its sole discretion, may terminate your access to or use of The Trading Coach websites, at any time and for any reason, including without limitation if The Trading Coach believes that you have violated or acted inconsistently with the letter or spirit of this agreement (including but not limited to your failure to comply with the rules of conduct set forth in section 5 above).

Upon any such termination, your right to use The Trading Coach websites will immediately cease.

You agree that any termination of your access to or use of The Trading Coach websites may be effected without prior notice and that The Trading Coach may immediately deactivate or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files.