Affiliate Agreement

This agreement is between Retail Smart Group Pty Ltd (ABN 49 658 892 105), trading as Earths Water ("we", "us", "our") and you, the person or business accepted into the Earths Water Affiliate Program ("you", "Affiliate").

It applies once you apply to the program and we accept you. By sharing an Earths Water affiliate link or code, you agree to it.

1. What the program is

You earn a commission when someone buys from our website through your unique affiliate link or code. The program is run through our affiliate platform, where you will find your link, code, commission rate, tracking period and earnings.

2. Commission

Commission exclusions. Commission is calculated on the amount the customer paid for eligible products, after discounts, and excluding taxes and duties. No commission is earned on:

• your own purchases

• orders that are cancelled, returned, refunded or charged back

• orders placed with a different discount code

• orders resulting from fraud, spam or any method this agreement prohibits

• replacement filter cartridges, including those supplied under a subscription, gift cards, delivery fees and Shipping Protection, whether bought on their own or as part of a larger order

Where part of an order is paid with a gift card or store credit, no commission is earned on that part.

Our platform's tracking decides which affiliate a sale is credited to. If you think a sale has been missed, tell us within 30 days of the order and we will check it.

3. What you can say about our products

This is the most important section of this agreement. Water filtration claims are closely regulated in every market we sell into, and a single wrong claim can expose both of us.

• Approved Claims only. You may only make claims about what our products do, including what they reduce, how much, and how long a cartridge lasts, using the wording in our current Approved Claims Sheet, which we give you and update from time to time. Use the exact wording, including any qualifier or disclosure that goes with it.

• Never say that our products remove, eliminate, purify or make water safe, or that they treat, prevent or cure any health condition. Do not describe our products as certified by any body unless that exact claim appears on the Approved Claims Sheet.

• Your own experience is welcome. You can say what you think of the taste, the design and how it fits your life, as long as it is honest and your own.

• If we ask you to change or remove something, you will do so within 48 hours. If the content is live on a platform, that means editing or deleting the post.

• If you are unsure, ask us before you publish.

Breaching this section is a material breach of this agreement.

4. Disclosing our relationship

Wherever you mention us, you must make it clear that you have a commercial relationship with us, whether you are paid, receive a commission, or were given a product.

• Put the disclosure at the start of the post, caption or video, not hidden among hashtags or below the fold. #ad or Advertisement is the minimum.

• Use each platform's paid partnership or branded content label where it has one.

• Follow the advertising and consumer laws that apply where your audience is, including the Australian Consumer Law and AANA Code of Ethics, the US FTC Endorsement Guides, and the UK and EU advertising codes.

• Never post a review of our products on our website or any review platform without disclosing the relationship, and never post a review of a product you have not used.

5. How you promote us

You must not:

• send unsolicited emails, texts or direct messages to promote us, or buy or use contact lists

• use automated tools, bots, fake accounts or purchased followers or engagement

• bid on our brand name, trademarks or misspellings of them in search or social advertising, or use them in a domain name, social handle or app name, unless we agree in writing

• post our discount codes on coupon, voucher or deal websites or browser extensions, unless we agree in writing

• use adware, toolbars, pop-ups, cookie stuffing or any technique that sets tracking cookies without a genuine click

• create content that is misleading, defamatory, discriminatory, obscene, unsafe, or that infringes anyone's rights

• speak on our behalf, make promises for us, or offer terms, refunds or warranties other than our published policies

You must comply with all laws that apply to your promotion, including privacy, spam, consumer and advertising laws.

6. Using our brand

We give you a non-exclusive, non-transferable, revocable licence to use our name, logos, product images and marketing material that we supply ("Brand Materials") only to promote our products under this agreement.

• Do not alter the Brand Materials, including colours, proportions or fonts.

• Do not use them in a way that suggests we endorse you or anything other than our products.

• The licence ends when this agreement ends, and you must then stop using the Brand Materials in new content.

7. Your content

"The Work" means any post, photo, video, review, caption or other content you create that features or mentions Earths Water.

• You own the Work, and you give us a licence to use it. The licence is worldwide, royalty-free, non-exclusive and perpetual. It lets us use, copy, edit, adapt, publish and share the Work on our website, social channels, emails and marketplaces, and in paid advertising, and lets us allow our agencies and platforms to do the same on our behalf.

• You allow us to use your name, social handle, image, voice and likeness as they appear in the Work, alongside it.

• You consent, to the extent the law allows, to us using the Work without attributing you, and to us editing, cropping, adapting and combining it with other material. This includes consent to any act or omission that would otherwise infringe your moral rights.

• You confirm the Work is your own, does not infringe anyone's rights, and that anyone else who appears in it has agreed to its use.

• This licence and permission continue after this agreement ends, with no time limit and no further payment.

8. Independent relationship

You are an independent contractor. Nothing in this agreement makes you our employee, agent or partner. You are responsible for your own taxes, including GST or sales tax if you are registered, and for any costs of producing your content.

9. Confidentiality

Keep confidential anything we share that is not public, including commission rates, pricing, launch plans, sales data and unreleased products. This continues after the agreement ends. It does not apply to information that becomes public other than through you, or that you must disclose by law.

10. Privacy

If you receive personal information about our customers, use it only for this agreement, keep it secure, and delete it when asked or when the agreement ends. We handle your personal information under our Privacy Policy.

11. Ending this agreement

• Either of us can end this agreement at any time by email, with 14 days' notice.

• We can end it immediately, and cancel commission not yet paid on the affected orders, if you breach sections 3, 4 or 5, or commit fraud.

• When it ends, remove your affiliate links and our Brand Materials from your channels within 14 days. Commission earned on valid orders before the end date is still paid.

12. Liability

• Each of us is responsible for loss the other suffers because of its breach of this agreement, its negligence, or its breach of the law.

• You are responsible for claims made against us because of your content or your breach of sections on claims, disclosure or promotion.

• Neither of us is liable for loss of profit, revenue or opportunity, or for indirect loss.

• Our total liability to you under this agreement is limited to the amounts we have paid you under it in the previous 12 months.

• Nothing in this agreement excludes liability that cannot lawfully be excluded.

13. Changes to these terms

We may change these terms or the program, including commission rates, by giving you at least 30 days' notice by email. If you do not agree to a change, you can end this agreement before it takes effect. Changes never reduce amounts already earned.

14. General

• Governing law. This agreement is governed by the law of Victoria, Australia. Each of us submits to the non-exclusive jurisdiction of the courts of Victoria.

• Disputes. Before starting proceedings, each of us will try to resolve a dispute in good faith for 30 days after written notice, except where urgent court relief is needed.

• Notices are given by email to the address each of us last provided.

• Assignment. You may not transfer this agreement without our written consent. We may transfer it to a business that takes over the relevant part of our business.

• Entire agreement. This agreement, the Approved Claims Sheet and any brief or approval we give you in writing are the entire agreement between us about its subject matter.

• Severance. If any part is unenforceable, it is severed and the rest continues.

• Waiver. A delay in enforcing a right is not a waiver of it.

• Age. If you are an individual, you confirm you are at least 18.

• Contact: support@earthswater.com