STONE STOMPER

AFFILIATE TERMS AND CONDITIONS

These Affiliate Terms and Conditions (“Terms”) govern the participation of the Affiliate (“Affiliate”, “you”) in the Stone Stomper affiliate program operated by Titan Adventure Pty Ltd trading as Stone Stomper ABN 62 687 263 207 (“Stone Stomper”, “we”, “us”).

By applying to or participating in the Stone Stomper Affiliate Program, you agree to be bound by these Terms.

1. Appointment and Relationship

1.1 Stone Stomper appoints the Affiliate as a non-exclusive marketing affiliate to promote and refer customers to Stone Stomper products in accordance with these Terms.
1.2 Nothing in these Terms creates any partnership, employment, agency or joint venture relationship. You act independently and at your own cost.

2. Registered Design and Intellectual Property

2.1 Stone Stomper owns all rights (including copyright, trade marks and Registered Design in the Stone Stomper product range, designs, branding, and related materials (“IP”).
2.2 The Affiliate acknowledges Stone Stomper’s exclusive ownership of this IP and agrees:

(a) not to copy, reproduce, reverse engineer, or create derivative designs or products;

(b) not to purchase, promote, sell, endorse, or refer customers to any competitor product that is similar, based on, or derived from the Stone Stomper registered design;

(d) to notify Stone Stomper immediately if it becomes aware of any suspected infringement.

2.3 All use of Stone Stomper IP by the Affiliate (including images, descriptions, and branding) must be approved or supplied by Stone Stomper and used strictly as instructed.

3. Affiliate Obligations

The Affiliate agrees to:
3.1 Promote Stone Stomper products honestly and in accordance with Stone Stomper’s brand guidelines.
3.2 Not engage in misleading or deceptive conduct or make unapproved claims about the products.
3.3 Comply with all applicable laws, including privacy, spam, advertising and consumer protection obligations.
3.4 Not bid on Stone Stomper brand terms (e.g. “Stone Stomper”, “StoneStomper”, “Stonestomper”) in search advertising platforms unless expressly authorised.
3.5 Not impersonate Stone Stomper or represent itself as having authority to bind Stone Stomper.

4. Commission and Payment

4.1 Stone Stomper will pay the Affiliate the commission rate set out in the Affiliate Program Schedule or email confirmation.
4.2 Commission is payable only on valid, fully-paid, non-refunded sales resulting directly from the Affiliate’s unique coupon code.
4.3 Commission is calculated monthly and paid within 30 days following the end of the month.
4.4 Stone Stomper may withhold or reverse commissions for fraudulent, cancelled, returned, or disputed transactions.

5. Content, Marketing Materials and Use of Images

5.1 Stone Stomper may provide marketing collateral for use by the Affiliate.
5.2 The Affiliate must not modify images, specifications, or technical information without written approval.
5.3 All content created by the Affiliate referencing Stone Stomper must be accurate and not misleading.
5.4 Stone Stomper may request removal of any content that it considers inaccurate, inappropriate, or harmful to the brand.

6. Confidentiality

6.1 The Affiliate must keep all non-public information provided by Stone Stomper confidential, including pricing, customer data, and business operations.
6.2 This obligation survives termination.

7. No Competing or Similar Products

7.1 In addition to clause 2, the Affiliate agrees:

(a) not to enter into any arrangement with third parties to create, modify, promote or distribute any product that resembles, functions similarly to, or competes directly with the Stone Stomper towing protection system;

(b) not to source or purchase from any supplier, including manufacturers in Australia or overseas, any copy, imitation, or similar product based on Stone Stomper’s registered design.

7.2 This clause survives termination for three (3) years.

8. Term and Termination

8.1 These Terms commence when the Affiliate is accepted into the program and continue until terminated.
8.2 Either party may terminate the agreement at any time on 7 days’ written notice.
8.3 Stone Stomper may terminate immediately if the Affiliate:

(a) breaches these Terms;

(b) engages in conduct harmful to Stone Stomper or its reputation;

8.4 Upon termination:

(a) the Affiliate must immediately cease using Stone Stomper branding and IP;

(b) all unpaid commissions for valid sales up to the termination date will be paid;

9. Liability and Indemnity

9.1 To the maximum extent permitted by law, Stone Stomper is not liable for indirect or consequential loss arising from these Terms.
9.2 The Affiliate indemnifies Stone Stomper for any loss arising from:

(a) breach of these Terms;

(b) misuse of IP;

(d) breach of law (including advertising or privacy laws).

10. Governing Law

These Terms are governed by the laws of South Australia. The parties submit to the exclusive jurisdiction of the courts of South Australia.

Titan Adventure Pty Ltd trading as Stone Stomper
ABN 62 687 263 207
[email protected]