About the Ambassador Program

These Ambassador Program Terms and Conditions (Agreement) govern your participation in the Supplement Superstore Ambassador Program (Program). The Program is operated by SUPPLEMENT SUPERSTORE PTY LTD (ACN 689 411 407) (Supplement Superstore, we, us or our). The Program allows approved individuals (each an Ambassador, you or your) to promote products sold by Supplement Superstore (Products) and to earn commission and other rewards on qualifying sales generated through their unique discount code and tracking link.

This Agreement should be read together with our Website Terms and Conditions of Use and our Privacy Policy, each available on www.supplementsuperstore.com.au. To the extent of any inconsistency between this Agreement and those documents in relation to the Program, this Agreement prevails.

Please read this Agreement carefully. By applying for, accepting acceptance into, or participating in the Program, you confirm that you have read, understood and agree to be bound by this Agreement. If you do not agree, you must not participate in the Program.

SUPPLEMENT SUPERSTORE PTY LTD reserves the right to review and change any part of this Agreement, including commission rates, bonus thresholds, tier requirements and rewards, at its sole discretion by updating this page or your Ambassador dashboard. We will use reasonable endeavours to notify you of material changes. Any change takes effect from the date of its publication and applies to sales generated after that date. Your continued participation in the Program after a change takes effect constitutes acceptance of the change.

Acceptance of the Terms

You accept this Agreement by submitting an application to the Program, by clicking to accept or agree where that option is made available to you, or by participating in the Program in any way (including by using your Ambassador discount code or tracking link). Acceptance forms a binding agreement between you and SUPPLEMENT SUPERSTORE PTY LTD.

Eligibility and Application

To participate in the Program you must satisfy, and continue to satisfy, all of the eligibility requirements. You may not participate in the Program if:

(a)        you are under 18 years of age or are otherwise not of legal age to form a binding contract with us;

(b)        you are not a resident of Australia, unless we have approved your participation in writing on the basis of a significant Australian audience;

(c)        you are an employee, officer or contractor of Supplement Superstore, or a member of their immediate household, except where we approve otherwise in writing; or

(d)        you are a person barred from receiving the relevant services under any applicable law.

There is no minimum following or audience size required to apply. Applications are submitted through the Ambassador application page and are assessed by us at our sole discretion. We may approve, decline, or revoke approval of any application without giving reasons. Approval does not guarantee any minimum level of earnings.

Appointment as an Ambassador

On approval, we grant you a non-exclusive, non-transferable, revocable right to participate in the Program and to promote the Products in accordance with this Agreement. As an Ambassador you will be provided with:

(e)        a unique Ambassador discount code for your audience to use at checkout;

(f)         a unique tracking link with real-time reporting;

(g)        access to an Ambassador dashboard showing your sales, performance and pending earnings; and

(h)        access to an Ambassador media kit and the other perks applicable to your tier, as described in this Agreement and in your dashboard.

Your appointment is personal to you. You must not transfer, assign, sell, share or sub-licence your Ambassador code, tracking link or account to any other person.

Relationship of the Parties

You participate in the Program as an independent contractor. Nothing in this Agreement creates a relationship of employer and employee, principal and agent, partnership, joint venture or franchise between you and SUPPLEMENT SUPERSTORE PTY LTD. In particular, you acknowledge and agree that:

(i)          you are not an employee of Supplement Superstore and are not entitled to any employee entitlements, including wages, leave, superannuation or workers compensation;

(j)          you have no authority to bind, represent, incur liability on behalf of, or make any commitment for or on behalf of Supplement Superstore, and you must not hold yourself out as having such authority;

(k)        you are responsible for your own equipment, internet, content production and other costs incurred in promoting the Products; and

(l)          you control how, when and where you promote the Products, subject to your obligations under this Agreement and applicable law.

Your Obligations as an Ambassador

As an Ambassador, you agree that you will:

(m)       promote the Products honestly, in good faith and in a manner consistent with the values and reputation of Supplement Superstore;

(n)        comply with this Agreement and all applicable laws, regulations, industry codes and platform rules that apply to your promotional activity;

(o)        keep your account credentials, discount code and tracking link secure, and immediately notify us of any unauthorised use of, or breach of security relating to, your Ambassador account;

(p)        provide accurate, current and complete information to us during the application process and while you remain an Ambassador, and update that information promptly when it changes;

(q)        not engage in any misleading, deceptive, fraudulent, spam, or manipulative conduct, including generating self-referred or fake orders, incentivising returns, or artificially inflating clicks, sales or code usage; and

(r)         not bring Supplement Superstore, any of its brands, suppliers or partners into disrepute.

Commission and Earnings

You may earn commission on qualifying sales generated through your unique Ambassador discount code and tracking link. Commission is calculated on the net sales value of qualifying Products, being the amount actually paid by the customer for the Products, and excludes shipping, taxes, surcharges, gift cards, and any amount that is refunded, charged back or cancelled.

Commission is paid at two rates, applied automatically based on the type of customer revenue generated through your code or link:

(s)        New Revenue Commission - commission on the first (new customer) order generated through your code or link; and

(t)         Recurring Revenue Commission - commission on all recurring customer revenue, including subscriptions, repeat purchases and returning customers, generated through your code or link.

Your New Revenue Commission rate increases as you progress through the Ambassador growth levels described below. The Recurring Revenue Commission rate is 5%. Your current rates, tier and thresholds are shown in your Ambassador dashboard, which (together with our records) is the authoritative record of your earnings.

Ambassador Growth Levels and Commission Rates

Your Ambassador level is determined by your monthly revenue performance through your code and link. As you grow your revenue, you automatically progress to the next level. The level applicable to a payment period, and the corresponding rates and perks, are as set out in the following table and in your dashboard:

 

Tier progression is assessed each performance period based on the total qualifying revenue generated through your code and link during the relevant calendar month. Where you qualify for a higher level, the increased rate and perks are applied to your account from the start of the next performance cycle, unless your dashboard states otherwise. Signed Athlete arrangements are offered by invitation only and are governed by a separate individual contract, the terms of which prevail over this Agreement to the extent of any inconsistency.

Performance Bonuses, Multipliers and Rewards

In addition to your base commission, you may earn the following, subject to the specific thresholds, amounts and conditions published in your Ambassador dashboard:

(u)        Code-usage bonus - a $10 bonus each time your unique Ambassador discount code is used 5 times within a single calendar month. This bonus stacks with no cap, so each additional 5 uses in the same month earns a further $10 bonus, in addition to your regular commission.

(v)        Monthly performance bonuses - cash bonuses for Ambassadors who reach key monthly sales benchmarks. These are separate from your standard commission, are calculated at the end of each calendar month, and scale with your tier.

(w)       Commission multipliers - top-performing Ambassadors may unlock multipliers that increase their commission percentage above the standard rate. Multipliers are reviewed each performance period and applied from the start of the next cycle.

(x)        Free product rewards - where your code reaches a qualifying monthly sales tier, a product reward may be added to your next order at no cost, with reward value scaling by tier.

(y)        Ambassador-only giveaways - exclusive giveaways open only to active Ambassadors during the relevant promotion window, on the terms published for each giveaway.

All bonus thresholds, multiplier eligibility, reward tiers and giveaway terms are determined by us, are set out in your dashboard, and may be varied or withdrawn at our discretion in accordance with this Agreement. Bonuses and rewards have no cash value except as expressly stated and are not payable on sales that are subsequently refunded, cancelled or charged back.

Tracking and Attribution

Qualifying sales are tracked automatically through your unique discount code and tracking link. A sale is attributed to you where the customer uses your code at checkout or completes a purchase within the 30-day click attribution window after clicking your tracking link, in each case as recorded by our systems.

You may continue to earn Recurring Revenue Commission on eligible recurring sales from customers you have introduced for as long as you remain an active Ambassador, with no fixed expiry on your earning potential while you remain active. “Active” means that you continue to participate in and promote the Program and have not been suspended or terminated; we may specify further inactivity criteria (for example, a period without any qualifying sales) in your dashboard.

Where a sale could be attributed to more than one Ambassador or promotion, or where a code and a different tracking link conflict, we determine attribution in good faith using our systems. Our records and dashboard are determinative of code usage, attribution, sales and earnings, absent manifest error.

Payment of Commission

Commission and bonuses are calculated at the end of each calendar month and are paid monthly. Payouts are made by PayPal or bank transfer to the valid payment details you provide. There is no minimum payout threshold for active Ambassadors. All amounts are stated and paid in Australian dollars unless we state otherwise.

You are responsible for providing and maintaining accurate, current payment details. We are not liable for payments delayed, misdirected or lost as a result of incorrect, incomplete or out-of-date details that you have provided. Earnings shown as “pending” in your dashboard are estimates only and become payable once the relevant orders are confirmed and the return, refund and chargeback periods have passed.

Taxes and GST

You are responsible for your own taxation affairs in connection with the Program. You must determine, declare and pay any income tax, goods and services tax (GST) and other taxes, levies or charges payable in respect of amounts you earn under the Program. Supplement Superstore does not deduct PAYG withholding tax and does not pay superannuation in respect of your earnings, except where required by law.

(z)        Unless we state otherwise in writing, all commission, bonus and reward amounts payable under this Agreement are inclusive of any GST.

(aa)     If you are registered or required to be registered for GST, you must provide us with your Australian Business Number (ABN) and, where we request, a valid tax invoice or recipient created tax invoice agreement in respect of your earnings.

(bb)     If you do not provide a valid ABN and an exemption does not apply, you acknowledge that we may be required by law to withhold tax from amounts otherwise payable to you at the applicable “no ABN” withholding rate and to remit that amount to the Australian Taxation Office.

You should obtain your own independent taxation and financial advice about your participation in the Program. Nothing in this Agreement is intended to be, and must not be relied on as, taxation, legal or financial advice.

Adjustments, Returns and Clawbacks

Commission and bonuses are only earned on completed, qualifying sales. Where an order on which commission or a bonus has been calculated or paid is subsequently refunded, returned, cancelled, charged back, found to be fraudulent, or otherwise reversed, the corresponding commission or bonus is not payable and any amount already credited or paid will be reversed.

We may set off or deduct any such reversed amounts against your current or future earnings. Where your account has a negative balance and there are insufficient future earnings to recover it, you must repay the amount on request. We may withhold, adjust or recover commission and bonuses where we reasonably suspect fraud, abuse, or breach of this Agreement, and may do so pending the outcome of any investigation.

Disclosure and Advertising Standards

Because you are paid to promote the Products, you must ensure your promotion is honest, lawful and clearly disclosed. In particular, you must:

(cc)      clearly and prominently disclose your commercial relationship with Supplement Superstore in each post or promotion, for example by using a clear and visible label such as “#ad”, “paid partnership” or “Supplement Superstore Ambassador”, in line with Australian Competition and Consumer Commission (ACCC) guidance and the AANA Code of Ethics;

(dd)     not make any false, misleading or deceptive representation about the Products, their price, ingredients, benefits, results, availability or any discount, contrary to the Australian Consumer Law;

(ee)     not make any therapeutic, medical, disease, weight-loss or other health claim that is prohibited or restricted under the Therapeutic Goods Act 1989 (Cth), the Therapeutic Goods Advertising Code, or applicable food standards, and not represent that any Product diagnoses, cures, treats or prevents any disease or condition;

(ff)        only make claims that are truthful, substantiated and consistent with the Product label, our approved marketing materials and any guidance we provide;

(gg)     comply with the advertising rules, disclosure requirements and community guidelines of each platform you use; and

(hh)     where any part of your audience is outside Australia, comply with the disclosure and advertising laws applicable in those jurisdictions.

You are responsible for the content you publish. If we ask you to amend or remove any content that we reasonably consider is non-compliant, misleading, off-brand or unlawful, you must do so promptly.

Content and Conduct Standards

In all promotional activity you must not publish or distribute any content that is unlawful, defamatory, offensive, discriminatory, harassing, sexually explicit, violent, or that promotes unsafe practices, unhealthy or disordered approaches to diet, exercise or supplement use. You must not target the promotion of Products at minors. You must not bid on, register or use Supplement Superstore brand names or trade marks in paid search, domain names or social handles in a way that is misleading or that diverts our own traffic, and you must not send unsolicited electronic messages in breach of the Spam Act 2003 (Cth).

Discount Codes and Promotional Material

Your Ambassador discount code is provided so that your audience receives a genuine saving at checkout. The customer discount is funded separately by Supplement Superstore and is not deducted from your commission. You must not sell, trade, auction, or post your code to coupon, cashback or deal aggregator sites, and you must not use your code for your own purchases in a manner that abuses the Program. We may issue, modify, deactivate or reissue codes and promotional materials at any time.

Intellectual Property and Licence

All intellectual property in the Program, the Website, the Products, our brands, trade marks, logos, media kit and marketing materials (our IP) is and remains owned or controlled by Supplement Superstore or its licensors. Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, revocable, non-transferable licence to use our IP solely as reasonably required to promote the Products under the Program, in accordance with any brand guidelines we provide. This licence ends automatically when you cease to be an Ambassador.

You must not modify our IP, use it in a misleading way, or register or attempt to register any of our brands, trade marks or confusingly similar marks. You grant Supplement Superstore a non-exclusive, royalty-free, worldwide licence to use, reproduce, repost, edit and display the promotional content you create about the Products (including your name, handle, image and likeness in that content) across our marketing channels for the purpose of operating and promoting the Program and the Products. You warrant that you have all rights necessary to grant this licence and that your content does not infringe any third party rights.

Confidentiality

You may be given access to non-public information through the Program, including dashboard data, unpublished bonus structures, pricing, product launches and campaign plans (Confidential Information). You must keep Confidential Information confidential, use it only for the purpose of participating in the Program, and not disclose it to any third party, except where the information is public through no fault of yours or where disclosure is required by law. This obligation continues after your participation in the Program ends.

Privacy

SUPPLEMENT SUPERSTORE PTY LTD takes your privacy seriously. Any personal information collected through your application and participation in the Program is handled in accordance with our Privacy Policy, which is available on the Website. By participating, you consent to us collecting, using and disclosing your personal information for the purposes of administering the Program, calculating and paying your earnings, and complying with our legal obligations.

Suspension and Termination

This Agreement continues until terminated by either you or Supplement Superstore.

You may leave the Program at any time by notifying us in writing via the “Contact Us” link on the Website or by closing your Ambassador account where that option is made available to you.

We may suspend or terminate your participation in the Program, deactivate your discount code and tracking link, and withhold or forfeit unpaid commission and bonuses, with immediate effect and without liability, if:

(ii)        you breach, or we reasonably suspect you have breached, any provision of this Agreement;

(jj)        you engage in fraud, abuse, or any conduct that harms or is likely to harm the name, reputation or interests of Supplement Superstore, its brands or partners;

(kk)      we are required to do so by law, or a partner or supplier ceases to make the relevant arrangement available; or

(ll)        we decide, in our discretion, to modify or discontinue the Program in whole or in part.

We may also terminate or modify the Program, or your participation, for convenience on reasonable notice. On termination, your licence to use our IP ends and you must stop promoting the Products and using your code, tracking link and our IP. Commission properly earned on qualifying sales completed before termination (and not subject to reversal) will be paid in the ordinary payment cycle, except where this Agreement allows us to withhold or forfeit it. Any provisions which by their nature are intended to survive termination (including those relating to clawbacks, IP, confidentiality, liability, indemnity and dispute resolution) continue in force.

Variation of the Program

The Program is offered at our discretion. We may change, suspend or discontinue any aspect of the Program at any time, including commission rates, bonus and multiplier structures, tier thresholds, rewards, eligibility criteria, attribution rules and payout methods. Current rates and thresholds are those published in your Ambassador dashboard from time to time, which prevail over any figures stated elsewhere. Changes apply to sales generated after the change takes effect and do not reduce commission already properly earned.

Disclaimer and Limitation of Liability

Nothing in this Agreement excludes, restricts or modifies any guarantee, right or remedy you may have under the Australian Consumer Law or any other law that cannot lawfully be excluded.

Subject to the previous paragraph, the Program is provided on an “as is” and “as available” basis. We do not guarantee any level of sales, earnings, traffic, conversions, availability of the dashboard or tracking systems, or continuity of the Program. To the maximum extent permitted by law, we exclude all terms, guarantees, warranties and representations not expressly set out in this Agreement, and we are not liable for any indirect, special or consequential loss, loss of profit, loss of opportunity, or loss of goodwill arising out of or in connection with the Program or this Agreement, whether in contract, tort (including negligence), under statute or otherwise.

To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the Program or this Agreement, however arising, is limited to the total commission paid or payable to you in respect of the three (3) month period immediately before the event giving rise to the liability.

Indemnity

You agree to indemnify Supplement Superstore, its affiliates, employees, agents, contributors and licensors from and against all actions, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with:

(mm)   any content you publish or promotional activity you carry out under the Program;

(nn)     any breach by you of this Agreement or of any applicable law, regulation, code or platform rule; and

(oo)     any false, misleading, unlawful or unauthorised representation made by you about the Products or Supplement Superstore.

Dispute Resolution

Compulsory

If a dispute arises out of or relates to this Agreement, neither party may commence any tribunal or court proceedings in relation to the dispute unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice

A party claiming a dispute (Dispute) has arisen under this Agreement must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

Resolution

On receipt of that notice (Notice) by the other party, the parties (Parties) must:

(pp)     within 28 days of the Notice, endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(qq)     if, for any reason, 28 days after the date of the Notice the Dispute has not been resolved, the Parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of New South Wales or his or her nominee;

(rr)       the Parties are equally liable for the fees and reasonable expenses of the mediator and the cost of the venue of the mediation and, without limiting the foregoing, undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; and

(ss)      the mediation will be held in Sydney, Australia.

Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and, to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

Termination of Mediation

If 2 months have elapsed after the start of mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

Venue and Jurisdiction

The Program is intended to be used by residents of Australia. In the event of any dispute arising out of or in relation to the Program or this Agreement, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

Governing Law

This Agreement is governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to this Agreement and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles. This Agreement is binding to the benefit of the parties and their successors and assigns.

General

This Agreement, together with the documents it refers to and the information in your Ambassador dashboard, constitutes the entire agreement between you and Supplement Superstore in relation to the Program. We may assign or novate this Agreement; you may not assign your rights under it without our prior written consent. A failure or delay by us to exercise a right under this Agreement is not a waiver of that right. Notices to us should be sent in writing via the “Contact Us” link on the Website; notices to you may be sent to the contact details associated with your Ambassador account.

Severance

If any part of this Agreement is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of this Agreement shall remain in force.