Affiliate Program Terms & Conditions

Ciana Luxury Living | cianaluxuryliving.com.au

Effective Date: May 11, 2025

These Affiliate Program Terms and Conditions ("Agreement") are entered into between Ciana Luxury Living, ABN 562 929 328 13, operating the website cianaluxuryliving.com.au ("Company," "we," "us," or "our") and the party submitting an application to become an affiliate ("Affiliate," "you," or "your"), regardless of geographic location.

1. PROGRAM ENROLLMENT

1.1 Application Process. Participation in the Ciana Luxury Living Affiliate Program ("Program") requires submission of an application. We reserve the right to accept or reject any application at our sole discretion.

1.2 Eligibility Requirements. Eligible Affiliates must:

• Be at least 18 years of age (or the age of majority in your jurisdiction)
• Have an active, established website, social media presence, or email list
• Maintain a professional online presence that aligns with our luxury brand image
• Comply with all applicable laws and regulations in your jurisdiction
• Have a valid tax identification number appropriate for your country (e.g., ABN in Australia, VAT ID in Europe, EIN in USA, etc.)

1.3 Account Information. You are responsible for maintaining the accuracy of your account information, including contact details and payment information.

2. AFFILIATE OBLIGATIONS

2.1 Permitted Promotional Methods. Affiliates may promote our products through:

• Website content
• Blog posts and articles
• Social media posts
• Email marketing
• Digital advertising

2.2 Prohibited Activities. Affiliates must NOT:

• Engage in spamming or unsolicited mass communications
• Use misleading or deceptive marketing practices
• Bid on Ciana Luxury Living trademarks or variations in search engines
• Make false claims about products or the Company
• Copy content directly from our website without permission
• Use our intellectual property beyond what is provided in affiliate materials
• Promote our products on websites containing objectionable content (including adult, violent, discriminatory, or illegal content)
• Engage in cookie stuffing or other fraudulent tracking manipulations
• Offer rebates, cashback, or other incentives without prior written approval

2.3 Compliance Requirements. Affiliates must:

• Clearly disclose affiliate relationships in accordance with applicable laws in your jurisdiction (such as FTC guidelines in the USA, GDPR in Europe, ACCC guidelines in Australia)
• Comply with all applicable data protection and privacy laws in your region and for the regions of your audience
• Adhere to all applicable advertising standards and guidelines in relevant jurisdictions
• Maintain website security and data protection standards to international best practices

3. COMMISSION STRUCTURE & PAYMENT

3.1 Commission Rates: (In USD)

3.2 Qualifying Transactions. Commissions are earned on completed, non-returned sales that:

• Result directly from Affiliate tracking links
• Are confirmed as valid transactions
• Have passed the 14-day return period
• Exclude GST, shipping fees, and handling charges

3.3 Commission Exclusions. Commissions will NOT be paid on:

• Purchases made by the Affiliate for personal use
• Fraudulent transactions
• Orders that are later cancelled or returned
• Sales generated through prohibited marketing methods
• Purchases made using discount codes not authorised for affiliate use

3.4 Cookie Duration. A 60-day tracking cookie will be placed on the user's browser when they click on an affiliate link.

3.5 Payment Terms:

• Payments are made monthly for commissions earned in the previous month
• Minimum payment threshold: $100 AUD (or equivalent in your local currency)
• Payments are processed by the 15th of each month
• Payments will be made via international bank transfer, PayPal, Wise, or other agreed payment methods
• Currency conversion will be based on the exchange rate at the time of payment
• Affiliate is responsible for providing accurate payment information and covering any transfer fees
• Unclaimed commissions will be forfeited after 12 months

3.6 Taxes. Affiliates are responsible for all taxes related to commission payments in their jurisdiction. You must provide valid tax information as required by your local tax authorities. We may be required to collect tax information or withhold payments according to international tax treaties and regulations.

4. TERM & TERMINATION

4.1 Term. This Agreement remains in effect until terminated by either party.

4.2 Termination Without Cause. Either party may terminate this Agreement at any time, with or without cause, upon written notice.

4.3 Termination With Cause. We may immediately terminate this Agreement if you:

• Breach any term of this Agreement
• Engage in fraudulent activity
• Damage our brand reputation
• Violate applicable laws
• Become inactive for a period exceeding 6 months

4.4 Post-Termination. Upon termination:

• All affiliate rights and licenses are revoked
• You must cease using all Company materials
• You will receive commissions earned prior to termination, provided they meet the minimum payment threshold
• Commissions below the threshold at termination may be forfeited

5. INTELLECTUAL PROPERTY

5.1 Limited License. We grant you a non-exclusive, non-transferable, revocable license to use our provided marketing materials solely for the purpose of this Program.

5.2 Restrictions. You may not:

• Modify our materials without permission
• Use our intellectual property in a way that suggests endorsement
• Register domain names containing our trademarks
• Create derivative works from our content without permission

5.3 Ownership. All intellectual property rights in our materials remain our exclusive property.

6. CONFIDENTIALITY

6.1 Confidential Information. You agree to maintain the confidentiality of any non-public information disclosed during the Program.

6.2 Data Protection. Both parties must comply with applicable data protection laws and maintain appropriate security measures.

7. REPRESENTATIONS & WARRANTIES

7.1 Mutual Representations. Each party represents that:

• They have the legal authority to enter this Agreement
• Their participation will not violate any other agreement
• They will comply with all applicable laws

7.2 Affiliate Representations. You represent that:

• All information provided in your application is accurate
• Your website and promotional methods comply with applicable laws
• You will maintain the professional standards expected of our brand partners

8. LIMITATION OF LIABILITY

8.1 Disclaimer of Warranties. THE PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND.

8.2 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

8.3 Cap on Liability. OUR TOTAL LIABILITY ARISING FROM THIS AGREEMENT SHALL NOT EXCEED THE TOTAL COMMISSIONS PAID TO YOU IN THE PRECEDING SIX MONTHS.

9. INDEMNIFICATION

9.1 Affiliate Indemnification. You agree to indemnify, defend, and hold harmless Ciana Luxury Living and its officers, directors, employees, and agents from any claims, damages, liabilities, costs, or expenses arising from your breach of this Agreement or your promotional activities.

10. MISCELLANEOUS

10.1 Independent Contractors. The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship.

10.2 Modifications. We reserve the right to modify this Agreement at any time. Changes will be effective upon posting to our website or notification to you. Your continued participation constitutes acceptance of changes.

10.3 Assignment. You may not assign your rights or obligations under this Agreement without our prior written consent.

10.4 Entire Agreement. This Agreement constitutes the entire agreement between the parties regarding the Program and supersedes all prior agreements.

10.5 Severability. If any provision of this Agreement is held invalid, the remaining provisions shall continue in full force and effect.

10.6 Governing Law. This Agreement is governed by the laws of New South Wales, Australia, without regard to its conflict of law principles. You agree to submit to the jurisdiction of Australian courts for any disputes arising from this Agreement.

10.7 Dispute Resolution. Any disputes arising from this Agreement shall be resolved first through good-faith negotiations, then through mediation, and finally through arbitration under the rules of the Australian Centre for International Commercial Arbitration. The arbitration shall take place in Sydney, Australia, in the English language.

10.8 Force Majeure. Neither party shall be liable for failures caused by events beyond their reasonable control.

10.9 Notices. All notices must be in writing and sent to the email addresses provided.

10.10 Waiver. Failure to enforce any provision of this Agreement shall not constitute a waiver.

10.11 Language. This Agreement is prepared in the English language. If this Agreement is translated into another language, the English language version shall control.

10.12 International Compliance. Affiliates must comply with all export control laws, economic sanctions, and anti-corruption laws applicable in their jurisdiction and in Australia. This includes but is not limited to the Australian Anti-Money Laundering and Counter-Terrorism Financing Act 2006, the US Foreign Corrupt Practices Act, and the UK Bribery Act.

By applying to the Ciana Luxury Living Affiliate Program, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

Contact Information:
Ciana Luxury Living
Email: affiliates@cianaluxuryliving.com.au
Address: Hassall Street, Sydney, Australia
ABN: 562 929 328 13