AFFILIATE TERMS AND CONDITIONS

Agreement

By signing up to be an Affiliate in the It’s Clancy, Yo! Affiliate Program (“Program”) you are agreeing to be bound by the following Terms and Conditions (“Terms of Service”).

It’s Clancy, Yo! reserves the right to update and change the Terms and Conditions from time to time without notice. Any new changes to the features of our current Program, including addition of excluded products, changes to cookies, or otherwise, shall be subject to the Terms and Conditions. Continued use of the Program after any such changes shall constitute your consent to such changes.

Violation of any of the Terms below will result in the termination of your Account and forfeiture of any outstanding affiliate commission payments earned during the violation. 

You agree to use the Affiliate Program at your own risk.

Account Terms

  • You must be 18 years or above to be part of this Program

  • You must be a real person. Accounts registered by “bots” or other automated methods are not permitted

  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the application process

  • Your login may only be used by one person – a single login shared by multiple people is not permitted

  • You are responsible for maintaining the security of your account and password. It’s Clancy, Yo! cannot and will not be liable for any loss or damage from your failure to comply with this security obligation

  • You are responsible for all Content posted and activity that occurs under your account

  • One person or legal entity may not maintain more than one account

  • You may not use the Affiliate Program for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws)

Graphics, Links, and Communications

Once you have signed up for the Affiliate Program, you are able to generate a unique Affiliate Link via your dashboard. You are permitted to place links, banners, or other graphics we provide with your Unique Affiliate Link on your site, in your emails, or in other communications. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.

Referral Commissions and Payment

Commission offered is 12% on any sale made via the ‘affiliate link’ you share. If someone who clicks on your affiliate link purchases something within 30 days of clicking, you will receive a commission for it.

You will earn referral commissions only with respect to sales on a It’s Clancy, Yo! product occurring directly through your Unique Affiliate Link; we will not be responsible in regards to any failure by you or someone you refer to use your Unique Affiliate Link or incorrectly type your Unique Affiliate Link.

Affiliate Links are designed to point to the page of the product being promoted.

For a Product sale to be eligible to earn a referral commission, the customer must click-through a Unique Referral Link from your site, email, or other communications to It’s Clancy, Yo!, and complete an order for a product during that session.

We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a link or referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.

We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

Payments only begin once you’ve earned more than $25 in affiliate commissions. If your affiliate account never crosses the $25 threshold, your commissions will not be released. We are only responsible for paying accounts that have crossed the $25 threshold.

You can track how your link is converting on your dashboard. 

Affiliate Identification and Claims

You may not issue any negative, misleading or incorrect information via press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. This includes misrepresentation or embellishment of the relationship between It’s Clancy, Yo! and you, making claims of formulating or manufacturing our products, or implying that you are part of  the It’s Clancy, Yo! company.

Payment Schedule

As long as your current affiliate commissions are over $25, your commissions will be released and paid on the first day of each month via PayPal. If you have not earned $25 since your last payment, we will pay you the following month after you have crossed the threshold.

 It is your responsibility to ensure the email address you supplied for payment is current and connected to an active PayPal account. 

Customer Definition

Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. We will notify our affiliates via email if and when these changes take effect. 

Affiliate Responsibilities

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

  • The technical operation of your site and all related promotional platforms

  • Ensuring the display of Unique Affiliate Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)

  • The accuracy, truth, and appropriateness of material posted on your site and all promotional platforms

  • Ensuring that material posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)

  • Ensuring that material posted on your site and all promotional platforms is not considered illegal

  • Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognise cookies on visitors’ browsers

Legal Compliance

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, rules, legislations, regulations, orders, or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including any anti-spam laws.

Term of the Agreement and Program

The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all Unique Affiliate Links, and all of our trademarks, logos, banners, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. It’s Clancy, Yo! reserves the right to end the Program at any time. Upon program termination, It’s Clancy, Yo! will pay any outstanding earnings accrued above $25.

Termination

It’s Clancy, Yo!, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other It’s Clancy, Yo! service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. It’s Clancy, Yo! reserves the right to refuse service to anyone for any reason at any time.

Relationship of Parties

You and It’s Clancy, Yo! are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. 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 otherwise, that reasonably would contradict anything in this Section.

Limitations of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program. In addition, we make no claims that the operation of the It’s Clancy, Yo! Affiliate Program will be uninterrupted or error-free. We will, however, do all in our power to remedy the issue or the situation, but will not be liable for the consequences of any interruptions or errors.

Dispute Resolution

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential dispute resolution, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction.

Miscellaneous

This Agreement will be governed by the laws of Australia, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

The failure of It’s Clancy, Yo! to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions constitute the entire agreement between you and It’s Clancy, Yo! and governs your use of the Service, superseding any prior agreements between you and It’s Clancy, Yo! (including, but not limited to, any prior versions of the Terms and Conditions).

Independent Evaluation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED YOUR INTEREST IN PARTICIPATING IN THE PROGRAM, AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

In the spirit of reconciliation It's Clancy, Yo! acknowledges the Traditional Owners of Country throughout Australia and recognise their continuing connection to land, waters and culture. We pay our respects to their Elders past, present and emerging.