affiliate program terms and conditions

Effective Date: 01-04-2026

These Terms & Conditions (“T&Cs”) govern your participation in the Motherwort and Child Affiliate Program (“Program”). By joining the Program, you (“Affiliate”) agree to comply with these T&Cs, which are designed to protect both parties and ensure compliance with Australian and New Zealand law.

1. Acceptance of Terms

By signing up for the Affiliate Program, you acknowledge that you have read, understood, and agree to comply with these T&Cs. Continued participation constitutes full acceptance, and failure to adhere may result in termination of your Affiliate status.

2. Eligibility

2.1 General Eligibility

To participate, you must:

  • Be at least 18 years of age.
  • Be an Australian or New Zealand resident.
  • Legally permitted to conduct business in those jurisdictions.
  • Run a platform/online presence.
  • Provide accurate, current, and complete information during the application process.

2.2 Australian Affiliates

Must hold a valid Australian Business Number (ABN).

Must maintain a physical business address (PO Boxes are not permitted).

Must comply with all applicable taxation obligations, including GST where applicable.

2.3 New Zealand Affiliates

Must hold a valid New Zealand Business Number (NZBN)

Must maintain a physical business address (PO Boxes are not permitted).

Must comply with all applicable taxation obligations, including GST where applicable.

2.4 Content & Conduct Requirements

All content must be accurate, professional, and aligned with Motherwort and Child’s brand values.

Content must not contain misleading, unlawful, or offensive material.

2.5 Ineligibility & Conflicts

Affiliates must not be direct competitors of Motherwort and Child.

Affiliates must not engage in activities that create an undisclosed conflict of interest.

Motherwort and Child reserves the right to verify all information, request additional documentation, and reject any application at its sole discretion.

3. Legal Compliance & Consumer Protection

3.1 Consumer Law Compliance

Affiliates must comply with:

Australian Consumer Law (ACL)

New Zealand Fair Trading Act 1986

Affiliates must not make false, misleading, or deceptive representations.

3.2 Disclosure Requirements

Affiliates must clearly disclose their relationship with Motherwort and Child in all promotional materials, e.g.:

“This post contains affiliate links.”

“I may earn a commission if you purchase through my link.”

3.3 Electronic Marketing Laws

Affiliates must comply with:

Spam Act 2003 (Australia)

Unsolicited Electronic Messages Act 2007 (NZ)

All communications must include accurate sender identification and a functional unsubscribe mechanism.

3.4 General Compliance

Affiliates are solely responsible for ensuring compliance with all applicable laws, regulations, and these T&Cs.

4. Affiliate Links & Tracking

4.1 Tracking Links

Affiliates receive a unique tracking link, which must be used in its original form. Altering, masking, redirecting, or manipulating the link is prohibited. Non-compliance may result in commissions being deemed invalid and not payable. On the online portal there is the option to create an affiliate link to a desired page of the Motherwort and Child website.

4.2 Cookies & Attribution

Cookie duration: 30 days from the initial click.

First-click attribution applies.

Commissions are only recognised if the referral is completed within the cookie period.

5. Commission & Payments

5.1 Commission Structure

Commission rate: 20% of eligible product sales (excluding taxes, shipping, and wholesale items).

Motherwort and Child reserves the right to determine which products are eligible.

5.2 Commission Conditions

Commissions are payable only if:

The sale is tracked through the Affiliate’s unique link.

The transaction is genuine and completed in good faith.

The purchase is not made by the Affiliate or any related party.

Commissions may be classified as Pending, Approved, Rejected, or Paid.

5.3 Commission Forfeiture & Withholding

Motherwort and Child reserves the right to withhold, adjust, or permanently forfeit commissions if:

A transaction is fraudulent, cancelled, refunded, or disputed.

The Affiliate breaches these T&Cs or any applicable law.

The commission was generated through prohibited or unethical conduct.

Tracking links have been misused, manipulated, or improperly implemented.

5.4 Payment Terms

Payments are made monthly, within 30 days after the end of the relevant month.

Payments are made in AUD via bank transfer or PayPal.

Affiliates must provide accurate and up-to-date payment details.

Where an affiliate is registered for GST, commissions will be inclusive of GST. Where an affiliate is not registered for GST, commissions will be paid exclusive of GST.

Affiliates are responsible for managing all their tax obligations.

Motherwort and Child will not be liable for payment delays caused by incorrect or incomplete payment information.

6. Affiliate Obligations

6.1 Promotional Conduct

Affiliates must promote the Program in a manner that is honest, accurate, and not misleading, and reflects positively on the Motherwort and Child brand.

6.2 Approved Marketing Methods

Permitted methods include:

  • Websites, blogs, and editorial content.
  • Social media platforms.
  • Email marketing to opted-in audiences.
  • Video, podcast, and digital media content.
  • Paid advertising (subject to restrictions).

6.3 Restrictions

Affiliates must not:

  • Bid on or use branded keywords without prior written approval.
  • Misrepresent products, services, or outcomes.
  • Engage in spam, unsolicited marketing, or deceptive practices.
7. Prohibited Activities

The following are strictly prohibited:

  • False, misleading, or deceptive advertising.
  • Spam or unlawful communications.
  • Trademark infringement or misuse.
  • Cookie stuffing, forced clicks, or artificial traffic generation.
  • Use of malware, spyware, or adware.
  • Deceptive redirects or link manipulation.

Breach of this clause may result in immediate termination and forfeiture of commissions.

8. Intellectual Property

All intellectual property remains the sole property of Motherwort and Child. Affiliates are granted a limited, non-exclusive, revocable license to use approved materials solely for the Program.

This license:

  • Must not be sub-licensed or transferred.
  • May be withdrawn at any time.
  • Automatically terminates upon breach or termination.
9. Non-Disparagement

Affiliates must not, at any time during or after participation in the Program, make or publish any statement that is false, misleading, or reasonably likely to harm the reputation of Motherwort and Child, its products, or its representatives.

10. Confidentiality & Data Protection

Affiliates must maintain the confidentiality of all non-public information.

Comply with applicable privacy laws, including the Australian Privacy Act 1988 and NZ Privacy Act 2020 where they collect user and or sale information and maintain their own compliant Privacy Policy where personal data is collected.

11. Termination & Suspension

11.1 Termination

Either party may terminate participation at any time. Motherwort and Child may terminate immediately for:

  • Breach of these T&Cs.
  • Suspected fraud or misconduct.
  • Prolonged inactivity.

11.2 Effect of Termination

Upon termination:

  • All rights granted under these T&Cs cease immediately.
  • Affiliates must remove all links and promotional materials without delay.
  • Any unpaid commissions may be withheld or forfeited.

11.3 Suspension

Motherwort and Child may suspend an Affiliate account at any time while investigating potential breaches.

12. Liability & Indemnity

12.1 Indemnity

Affiliates agree to indemnify and hold harmless Motherwort and Child from any claims, losses, damages, or expenses arising from: a breach of these T&Cs and any unlawful or negligent act or omission by the Affiliate

12.2 Limitation of Liability

Motherwort and Child’s liability is limited to commissions owed and does not extend to affiliate business losses or third-party actions.

13. Governing Law

These T&Cs are governed by the laws of Queensland, Australia. Disputes will be resolved in Queensland courts.

14. Modifications

Motherwort and Child reserves the right to amend or update these T&Cs at any time. Affiliates will be notified of material changes, and continued participation constitutes acceptance of the updated T&Cs.

15. Contact

For any questions, concerns, or clarifications regarding the Affiliate Program or these Terms and Conditions, Affiliates are encouraged to reach out to us directly at [email protected]. Our team is available to assist with any enquiries and provide guidance on compliance with the program.

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