Empowering Leaders. Amplifying Impact. Connecting change-makers.

Referral
Terms &
Conditions

These terms and conditions govern your affiliate agreement with Powerful Steps.
By clicking “accept” You agree to these terms and conditions (‘Terms’). 

1. Affiliate Agreement

  1. The Website, www.powerful-steps.com (‘Website’) is operated by Powerful Steps Pty Ltd (abn: 94631504900) of level 2, 55 York Street, Sydney, NSW, 2002, Australia (‘Powerful Steps’).
  2. You are the Affiliate and Your details are contained in the Powerful Steps Referral Partner Centre (‘You/Your’).
  3. Access to and use of the Website, or any of its associated products or services, is provided by Powerful Steps.
  4. The Website allows You to register for an account and sign up to be an affiliate for various courses and programs listed for sale through the Website (the ‘Courses’). The Website provides this service by way of granting You access to the Powerful Steps Referral Partner Centre via the Website (the ‘Affiliate Services‘).
  5. You have agreed to sign up as an affiliate of Powerful Steps through the Website (‘Affiliate’)’, where from time to time, You agree to refer prospective users to Powerful Steps to purchase a Course/s that Powerful Steps may offer.
  6. Each referral (‘Referral’) will be a user who signs up, registers or purchases a Course from the Website (‘Referred User’).
  7. The Affiliate is not obliged to refer Referred Users to Powerful Steps, and Powerful Steps may enter into any similar referral arrangement with other parties.
  8. Powerful Steps is not obliged to accept any Referred User by the Affiliate and may enter into any other similar referral arrangement with other parties.
  9. These Terms and Conditions are to be read in conjunction with the Course information pages (‘Information Page’) of the Website.

 

2. Acceptance of the Terms

  1. You accept the Terms by clicking “accept“ or “agree” or any version of these words included in the Website.

 

3. Personal Information

  1. When registering an account to sign up as an Affiliate, You must provide personal information such as Your full name, password and e-mail address.
  2. When the Affiliate is an individual, the Affiliate warrants that he/she is over the age of 18 years and has the capacity to agree to these terms and conditions.
  3. You agree that all details You provided in completing the sign-up are true and correct.
  4. Your personal information is kept in accordance with the Powerful Steps Privacy Policy (‘Privacy Policy’) which can be accessed on the Website.
  5. Upon acceptance by Powerful Steps, You will receive a unique referral link from Powerful Steps (‘Unique Referral Link’).
  6. Powerful Steps may reject any application for an account under this clause, for any reason whatsoever.
  7. Once an account has been set up, the Affiliate agrees to keep its account and password secure. Powerful Steps will not be liable for any loss or damages arising from an Affiliate’s failure to maintain the security of the Affiliate’s account under this clause.

 

4. Method of Referral, Fees and Payment

  1. You may provide the Unique Referral Link to prospective users to enter upon signing up or registering for a Course via the Website.
  2. The use of Your Unique Referral Link will be recorded by the Website.
  3. You may use Your Unique Referral Link to advertise Powerful Steps and the Courses. When prospective user clicks through that URL link, a cookie (or similar tracking technology referred to hereinafter as a ‘Cookie’) will be set in the prospective user’s browser. When the prospective user creates a Powerful Steps account by using Your Unique Referral Link, the Cookie on the prospective user’s browser, corresponding to Your Unique Referral Link, registers a ‘Sale’ and each such account is then treated as a ‘Sold Account’. In the event that a prospective user has multiple Affiliate Cookies, the most recently-acquired Cookie will determine which Affiliate is credited with a Sale.
  4. Subject to an Affiliates compliance with these terms and conditions, a referral fee will be calculated in accordance with the details on the Powerful Steps Referral Partner Centre (‘Referral Fee’).
  5. You will be entitled to a Referral Fee for each Sold Account that generates a payment to Powerful Steps. The Referral Fee amounts are detailed on the Powerful Steps referral Partner Centre when You register to be an Affiliate.
  6. Referral Fees are non-negotiable.
  7. Any Referral Fees will be paid to Affiliates via their Paypal address on dates and times to be determined by Powerful Steps, following Powerful Steps’ receipt of such payments and confirmation the Referral has not cancelled or received a refund.
  8. Referral Fees only apply to the Courses set out in the Powerful Steps Referral Partner Centre that You accessed when registering to be an Affiliate and only for the sales associated with Your Unique Referral Link.
  9. Referral Fees are paid only for complete transactions that occur between Powerful Steps and a Referral. If a transaction is incomplete for any reason, or if Powerful Steps does not receive payment from a Sale, You will not be paid a Referral Fee on the Sale.
  10. If a referral does not link or attach to Your Affiliate account within 30 days of a Referral subscribing to Powerful Steps’ services, any such Referral will not be deemed associated with Your Unique Referral Link and You will not be entitled to any Referral Fees from such referral. For an account to be linked to Your Affiliate account, a Referral must either use Your Unique Referral Link directly or email support@powerfulsteps.com. within those first 30 days requesting to be linked.
  11. If payment for a Sold Account is later subject to a refund or charge-back, and if a Referral Fee was paid to You for that Sold Account payment, then the Referral Fee paid will be deducted from any future Referral Fees. If Powerful Steps determines, at its sole discretion, that any Sale was procured fraudulently or as a result of any breach of these Terms, in addition to Powerful Steps’ rights under these Terms no Referral Fees will be paid to You for such Sale. If Powerful Steps discover any breach of fraud after payment of Referral Fees have been made to You, all associated payments will be deducted from any future Referral Fees.
  12. A Referral may request at any time to be removed from Your Affiliate Account and upon such request, You will no longer be entitled to receive any Referral Fees for such Referral.
  13. Any prospective user that becomes a Sold Account will become a customer of Powerful Steps, and all of their personal data and contact information, and any future value associated with this data and information, will become exclusively owned by Powerful Steps. Powerful Steps is not obligated to share personal data with You, including names, email addresses or other identifying information.
  14. Powerful Steps is not liable to pay to You any fees, commissions or Referral Fees on any future transactions with Referrals outside of the Referral Fees payable under these Terms.
  15. Powerful Steps, at its sole discretion, can terminate, reverse, reassign or cause not to be paid to You, any Sold Account or Referral Fee from any breach by You of these Terms, including inappropriate marketing by You or actions by You that are deemed rude, illegal, violent, unforthcoming, untrue, or harassing, or unprofessional generally.
  16. You acknowledge and agree that You are responsible for any tax liabilities, including but not limited to goods and services tax, income tax, value-added tax and so on, that may arise from or in any way relate to Referral Fees paid to You by Powerful Steps.

 

5. Restrictions

  1. You agree that You will not post Your Unique Referral Link in Powerful Steps social media pages, comments or online communities and that You will only engage in marketing and promotional activities within Your own audiences.
  2. You acknowledge and agree that You are not permitted to send any email or SMS communication regarding Powerful Steps and/or its Course/s to any party that has not expressly requested or consented to receiving such communication.
  3. You agree that You will not send traffic directly to the Unique Referral Link from ads on Google Adwords / other similar platforms and will not use Your Unique Referral Link in any pay-per-click advertising.
  4. You agree that You will not promote or advertise Powerful Steps on a coupon, deal, or discount sites or on GTP/get paid to click or other incentivised sites, or display any offer code on a public-facing page or through the use of a ‘click to display’ offer code
  5. The Affiliate will not:
    1. engage in any fax, broadcast, telemarketing or any other offline marketing methods with respect to Powerful Steps;
    2. use malware, spyware or any other aggressive advertising or marketing methods in any of its dealings relating to Powerful Steps;
    3. make any false, misleading or disparaging representations or statements with respect to Powerful Steps;
    4. solicit any of Powerful Steps’ clients or customers to leave Powerful Steps;
    5. copy, resemble or mirror the look and feel of Powerful Steps websites, Powerful Steps’ trademarks where applicable, or Powerful Steps’ services or otherwise misrepresent the Affiliate’s association with Powerful Steps; or
    6. engage in any other practices that may adversely affect the credibility or reputation of Powerful Steps, including but not limited to, sending email communications or using any website in any manner, or having any content on any website, that uses aggressive or low-quality marketing, including marketing services that are unrelated to Powerful Steps or the Affiliate’s services; promotes sexually explicit materials, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or any illegal or objectionable activities; or that violates any intellectual property or other proprietary rights of any third party.
    7. create or participate in any third party networks or sub-affiliate networks without the express written permission of Powerful Steps.
    8. use or encourage any means of delivering fraudulent traffic, including bots or toolbar traffic, cookie stuffing, or use of false or misleading links.
    9. use direct linking to any page on any Powerful Steps website, without prior written permission from Powerful Steps.
    10. mask its referral sites or use deceptive redirecting links.
    11. disparage the products or services of any other person or entity, including without limitation the products or services of a competitor of Powerful Steps, any other customer or Affiliate of Powerful Steps, or Powerful Steps itself or any of its founders, teachers, employees, or affiliates
  6. You acknowledge that fraud, and allegations of fraud, are serious offenses, and will be treated as such. Fraud is defined as any action that intentionally attempts to create sales, leads, or click-throughs using robots, frames, iframes, scripts, or manually “refreshing” pages to create commissions. Any actual or alleged fraud will result in termination of these Terms by Powerful Steps, and cancellation of Your Unique Referral Link.
  7. Your failure or refusal to comply with these Terms may result in termination as an Affiliate and forfeiture of Referral Fees.

6. Responsibilities of Affiliate

  1. The Affiliate may indicate that it is an ‘Affiliate of Powerful Steps, but it ‘will not indicate, or otherwise create the impression, that it is a ‘member of Powerful Steps. This affiliation is non-exclusive, and both Powerful Steps and the Affiliate are free to enter into other affiliations or agreements with any other institution.’
  2. The Affiliate may promote its Unique Referral Link and the Courses at its own expense. All costs and expenses related to marketing and/or promotion of the Unique Referral Link will be the Affiliate’s responsibility. The Affiliate acknowledges that Powerful Steps may share, edit, clip use, review, combine, promote, post or repurpose and marketing content of the Affiliate and that the Affiliate has created which relates to Powerful Steps, for Powerful Steps’ own purposes without notice, approval or any obligation to pay fees to the Affiliate beyond the Referral Fees payable under these Terms.
  3. The Affiliate agrees to ensure that all communications in relation to Powerful Steps, the Website and the Course are true and accurate.
  4. When sending communications and when storing data of any kind, the Affiliate agrees to comply with the requirements of the Privacy Act 1988 (Cth) and where applicable, the European Union General Data Protection Regulation (the GDPR).

 

7. No Agency

  1. Affiliate, its employees, servants or agents must not represent, convey or in any way make out to be an agent, partner, representative, employee, contractor or affiliate of Powerful Steps.
  2. Neither party shall have any right, authority or permission to legally bind the other party to any contract, arrangement or obligation.

 

8. Confidentiality

  1. During the course of these Terms, it may be necessary for Powerful Steps to share proprietary information, including trade secrets, industry knowledge, and other confidential information, to Affiliate in order for Affiliate to seek out potential referrals. Affiliate will not share any of this proprietary information at any time. Affiliate also will not use any of this proprietary information for its personal benefit at any time. This section remains in full force and effect even after termination of the Agreement by its natural termination or the early termination by either party.
  2. Each party to these Terms shall take all reasonable steps to safeguard information belonging to the other party, and shall not misuse any confidential information disclosed by a party. Each party is bound to observe relevant Commonwealth, State or Territory privacy legislation.

 

9. Termination

  1. The term of these Terms shall commence upon You agreeing to these Terms and terminate immediately upon either party serving notice to the other party.
  2. Powerful Steps may terminate these Terms and cancel Your Unique Referral Link immediately and without notice, if You engage in, either directly or indirectly, any fraudulent or other unacceptable behavior, as determined at the sole discretion of Powerful Steps, or if You breach these Terms.
  3. If these Terms are terminated by Powerful Steps in accordance with clause 9(b) above, You will forfeit any and all Referral Fees payable to You at the time of termination, and that any accrue after termination.
  4. Upon termination of these Terms You will immediately cease displaying any material belonging to or associated with Powerful Steps, including trademarks owned by Powerful Steps.

 

10. Intellectual Property

  1. All Powerful Steps Materials will be solely created and provided by Powerful Steps unless otherwise agreed to by Powerful Steps in writing in advance. Powerful Steps will provide You with copies of, or access to, material owned by Powerful Steps for the purpose of marketing and promotion. By using materials provided by Powerful Steps, You agree to use such material in accordance with these Terms only.
  2. Affiliates may display material owned by Powerful Steps on its websites solely for the purpose of marketing and promoting Powerful Steps and its Courses during the term of these Terms, or until such time as Powerful Steps may instruct You to cease displaying the material.
  3. You acknowledge and agree that You will not alter, amend, adapt or translate any material owned by Powerful Steps without the prior written consent of Powerful Steps.

 

11. Disclaimers

  1. The benefits conferred on You pursuant to these Terms are provided ‘as-is’. Powerful Steps makes no warranties under these Terms, and Powerful Steps expressly disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability, non-infringement or fitness for a particular purpose. Without limiting the foregoing, Powerful Steps further disclaims all representations and warranties, express or implied, that the Affiliate Services or other services provided by Powerful Steps satisfy all of Your requirements and or will be uninterrupted, error-free or free from harmful components.

 

12. Limitation of Liability

  1. Powerful Steps will have no liability in relation to the benefits offered via the Powerful Steps Referral Partner Centre, under these Terms or otherwise for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for losses of profits, goodwill, use, data or other intangible losses resulting in any way from Powerful Steps’ services. In any event, Powerful Steps’ liability to You under these Terms for any reason will be limited to the Referral Fees paid or payable to You during the six month period immediately preceding the event giving rise to the claim for damages.
  2. This limitation applies to all causes of action in the aggregate, including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and other torts. The foregoing limitations will apply to the fullest extent permitted by applicable law.

 

13. Indemnity

  1. The Parties each agree to indemnify and hold harmless the other Party, its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from the negligence of or breach of these Terms by the indemnifying party, its respective successors and assigns that occurs in connection with these Terms. This section remains in full force and effect even after termination of the Agreement by its natural termination or the early termination by either party.
  2. Under no circumstances shall either party be liable to the other party or any third party for damages resulting from any part of these Terms such as but not limited to, loss of revenue or anticipated profit or lost business, costs or delay or failure of delivery, which are not related to or the direct result of a party’s negligence or breach.
  3. The Affiliate agrees to indemnify Powerful Steps against any loss, damage, liability or expense incurred by the Licensee arising directly or indirectly from:
    1. a breach of these Terms: or
    2. any negligent or willful act or omission of the Affiliate or anyone acting on the Affiliate’s behalf.

 

14. Dispute Resolution

  1. If a dispute arises out of or relates to the terms of these Terms, either Party may not commence any legal proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
  2. A Party to these Terms claiming a dispute (the ‘Dispute’) has arisen under the terms of these Terms, 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 (the ‘Notice’).
  3. On receipt of the Notice by the other Party, the Parties to these Terms (the ‘Parties’) must within 7 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.
  4. If for any reason whatsoever, 21 days after the date of the Notice, the Dispute has not been resolved the Parties must either agree upon selection of a mediator or
  5. request that an appropriate mediator be appointed by Independent third Party as agreed or his or her nominee and attend a mediation.
  6. It is agreed that mediation will be held in Sydney, New South Wales, Australia.
  7. The Parties are equally liable for the fees and reasonable expenses of a 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.
  8. All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the fullest extent possible, must be treated as “without prejudice” negotiations.
  9. If 30 days have elapsed after the start of a 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.
  10. In the event that the Dispute is not resolved at the conclusion of the mediation, either Party may institute legal proceedings concerning the subject matter of the Dispute thereafter.

 

15. General Provisions

  1. Powerful Steps may amend these Terms by giving notice to the Affiliate.
  2. In the event that any provision of these Terms is held to be invalid, illegal or unenforceable, then such provision will be fully severed and the Agreement will be construed and enforced without that severed provision.
  3. The rights created under these Terms are non-assignable. For the avoidance of doubt:
    1. no future Referral Fee will be due and payable to the Affiliate if these Terms are terminated , whether the right to the Referral Fee arose prior to the termination or otherwise;
    2. the relationship between the parties will be severed so that there is no longer an obligation to pay a Referral Fee.
  4. These Terms are governed by the laws of New South Wales, Australia, and the parties agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia. If the Affiliate is operating in a country other than Australia, the Affiliate undertakes and warrants that it will comply with all applicable laws and regulations of that country.

 

16. Entire Agreement

  1. By agreeing to these Terms You confirm and acknowledge that these Terms constitute the entire agreement between You and Powerful Steps, and shall supersede and override all previous communications, either oral or written, between the parties.