Affiliate Program Terms

These Affiliate Program Terms ("Affiliate Terms") are an agreement between you and Trip Tracka (ABN 44 880 354 959) ("Trip Tracka", "we", "us" or "our"). They set out the terms on which you may take part in the Trip Tracka Affiliate Program (the "Program") and earn commission for referring new customers to Trip Tracka.

These Affiliate Terms apply in addition to our Terms of Service and Community Guidelines. Our Privacy Policy explains how we handle your personal information. If these Affiliate Terms are inconsistent with the Terms of Service, these Affiliate Terms apply to the extent of the inconsistency for the Program.

You accept these Affiliate Terms when you tick the box agreeing to them in your Dashboard. If you use your Referral Link or Referral Code before you do, you accept them by that use. If you are already an affiliate under an earlier version of these terms, clause 16.4 explains when this version applies to you.

If you take part in the Program for a business, you confirm that you have authority to bind that business to these Affiliate Terms, and "you" includes that business.

In these Affiliate Terms:

If anything in these Affiliate Terms about a figure that is part of the Program Details (such as the commission rate) differs from the Program Details shown in your Dashboard, the Dashboard applies. This is subject to clause 16, so a change that is likely to disadvantage you doesn't apply until the notice period in clause 16.1 has ended.

The Program is open by application. You can apply by emailing support@triptracka.com with the information we ask for. We decide whether to accept an application at our discretion, and we don't have to give reasons. Taking part in the Program is free.

To take part in the Program, you must:

We may ask you for information to verify your identity, your eligibility, your payout details or how you promote Trip Tracka, and you must give it to us promptly. We may hold payouts until you do.

We give you access to the Program by turning on the Dashboard in your Account, and your participation starts when we do.

You take part in the Program as an independent contractor. Nothing in these Affiliate Terms makes you our employee, agent, partner or joint venturer, and you have no authority to make any promise or commitment on our behalf. We pay you only for results, as Commission on Qualifying Purchases, and not for your time or work. You decide how, when and where you promote Trip Tracka, within these Affiliate Terms, and you pay your own costs. The Program is non-exclusive: you may promote other products, and we may work with other affiliates, including affiliates with audiences like yours.

When you join, we give you a Referral Code and a Referral Link. You can choose a different Referral Code in your Dashboard if it is available. A Referral Code must be 4 to 16 letters or numbers, with no spaces or symbols, and must not be misleading, offensive or include anyone else's name or trade mark. When you change your Referral Code, your old Referral Code and any Referral Links that use it stop working straight away, referrals made through them after that won't be credited to you, and people who entered your old Referral Code when they signed up no longer get its sign-up discount under clause 4.2.

If we agree, your Referral Code can also be used as a sign-up discount code. People who enter it when they create an Account with their email address get a discount on Nomad Lifetime bought on our website. We set the discount, tell you what it is in your Dashboard or by email, and may change or end it under clause 16. The discount isn't available to people who sign up with Google or Apple, and stops applying if your participation ends. Only one discount applies to each purchase, as our Terms of Service explain, so a person who uses your Referral Code may receive a different discount if a better one is available to them.

You must not change a Referral Link, except to add campaign details in the way your Dashboard allows, or use redirects or link cloaking that hide where a link leads.

A person is a "Referred Member" credited to you if:

An Account can be credited to only one referrer. Once an Account is credited to a referrer, that doesn't change.

Referrals are tracked using your Referral Code and the browser storage described in our Cookie Policy. In some places, including the UK and the European Union, we only use that browser storage if the person agrees, so a referral from those places may only be credited if the person enters your Referral Code when they sign up. A referral may not be tracked if the person uses a different browser or device to create their Account, clears or blocks browser storage, or doesn't follow your Referral Link or enter your Referral Code. We aren't responsible for referrals that aren't tracked for reasons like these, but if you think a referral has been missed, tell us within 60 days and we'll look into it.

We work out whether a person is a Referred Member and whether a purchase is a Qualifying Purchase using our records and those of our payment providers. If you think our records are wrong, tell us under clause 20.1. We'll check them, tell you what we found, and give you the information we reasonably can to show how we reached our decision.

You earn Commission on each Qualifying Purchase made by a Referred Member while you take part in the Program, at the commission rate in the Program Details (currently 20%).

A "Qualifying Purchase" is:

Commission is calculated on the amount the Referred Member actually paid for the Qualifying Purchase, after any discount and excluding GST, VAT and sales tax. It is calculated in Australian dollars and rounded to the nearest cent.

We may offer different commission rates or bonuses for particular campaigns, affiliates or periods. Each of these offers applies only on the conditions we set out when we make it.

Commission isn't payable for:

If we have paid Commission on a purchase that is refunded, reversed or charged back within 180 days after the purchase, or that we reasonably find within 12 months after the purchase wasn't a Qualifying Purchase (or at any time, if it involved fraud or dishonesty by you), we may deduct the amount from Commission you earn later, or ask you to repay it within 30 days after we ask. Before we do, we'll tell you which purchase is affected and why, and you can ask us to review our decision under clause 20.1.

Each Commission is shown as pending in your Dashboard until the hold period in the Program Details (currently 30 days after the purchase) has ended. The hold period allows time for refunds, cancellations and checks.

After the hold period ends, we review pending Commission and approve it if the purchase is a Qualifying Purchase and hasn't been refunded, reversed or charged back. Approved Commission is added to your available balance.

If a purchase is disputed with the buyer's bank, or we reasonably suspect fraud or a breach of these Affiliate Terms, we may extend the hold on the Commission concerned while the dispute or our investigation continues. We'll tell you if we do. We aim to finish an investigation within 60 days. If we haven't finished within 120 days, we'll approve the Commission unless we have found fraud or a breach, or a bank, payment provider or authority is still looking into the purchase.

If we decide not to approve Commission, we'll tell you why. If you disagree, you can ask us to review the decision under clause 20.1.

When your available balance reaches the minimum payout amount in the Program Details (currently A$50), you can ask for a payout of all or part of your available balance in your Dashboard, as long as the amount you ask for is at least the minimum payout amount.

Before you ask for a payout, you must save your payout details in your Dashboard. We currently pay by bank transfer, PayPal or Wise, by Stripe if you have an Australian bank account, or by another method we offer at the time. If you choose Stripe, the Stripe Connected Account Agreement (opens in a new tab) applies between you and Stripe. You must make sure the details you give us are accurate and that you are entitled to receive payments into that account.

We'll review each payout request and, if it is in order, pay it within 30 days after you make it. Payouts are made in Australian dollars. If your account is in another currency, your bank or payment provider will convert the payout at its own rate.

We pay the fees our own bank or payment provider charges us to send a payout. Any fees charged by your bank or payment provider to receive a payout or to convert currency are your responsibility.

If a payout fails because the details you gave us are wrong or incomplete, we'll tell you, and the amount will go back into your available balance once it is returned to us. We aren't responsible for a payout we send using the details you gave us, unless we made a mistake.

We may deduct from a payout any amount you owe us under these Affiliate Terms, including under clause 7.2.

You are responsible for any tax on the Commission you receive, and for lodging any returns and keeping any records the law requires where you live.

Your ABN and GST status. If you live in Australia, before you ask for your first payout you must give us, in your Dashboard or by email, your Australian Business Number (ABN) and whether you are registered for GST. If you aren't carrying on a business and don't have an ABN, you can instead give us a completed Australian Taxation Office "Statement by a supplier" form. You must tell us within 14 days if any of these details change.

GST. Commission amounts include GST, if any applies. If you are registered for GST in Australia, you must give us a valid tax invoice for each payout, unless clause 10.4 applies.

Recipient-created tax invoices. If we are registered for GST and tell you in writing that we will issue recipient-created tax invoices, then for as long as we are both registered for GST:

Withholding. If you live in Australia and haven't given us your ABN or a valid "Statement by a supplier", the law may require us to withhold tax from payments to you, at the rate the law sets (currently 47%), and pay it to the Australian Taxation Office. If the law requires us to withhold tax from a payment to you, or to report payments to a tax authority, we'll do so, and any amount we withhold and pay to the tax authority is treated as paid to you. We'll give you a statement of any amount we withhold.

You may promote Trip Tracka using your Referral Link and Referral Code on your own websites, blogs, newsletters, social media accounts, videos, podcasts and communities, and in person, in any way that complies with these Affiliate Terms and the law.

Everything you say about Trip Tracka must be true, not misleading, and consistent with the information on our website. In particular, you must:

You must comply with all laws that apply to how you promote Trip Tracka, including consumer, advertising, privacy and spam laws, and the rules of every platform you use.

You must not, and must not allow or encourage anyone else to:

Whenever you promote Trip Tracka, you must clearly and prominently disclose that you are a Trip Tracka affiliate and earn commission, in a way your audience will notice and understand before they follow your Referral Link or use your Referral Code. In particular, you must:

You must follow the advertising and endorsement rules that apply where you and your audience are. Depending on where that is, they may include the Australian Consumer Law, the AANA Code of Ethics and the Australian Competition and Consumer Commission's guidance for influencers, the United States Federal Trade Commission's Endorsement Guides, the UK Advertising Standards Authority's rules, and the rules of the platforms you use, including their tools for labelling paid partnerships.

If you send emails, text messages or other electronic messages that promote Trip Tracka, you must comply with the Spam Act 2003 (Cth) and similar laws where your recipients are. This includes only sending messages to people who have agreed to receive them, identifying yourself as the sender, including a working way to unsubscribe and acting on unsubscribe requests within 5 business days, and not using lists you have bought, rented or harvested. You must not promote Trip Tracka by telemarketing calls.

We may check how you promote Trip Tracka. If we ask you to correct or remove content that promotes Trip Tracka, or to add a disclosure to it, you must do so within 2 business days, or sooner if a regulator or platform requires it. Not doing so is a serious breach of these Affiliate Terms for the purposes of clause 17.3(a).

While you take part in the Program, we give you a non-exclusive, non-transferable licence, which we may withdraw, to use the Trip Tracka name and logo and the marketing materials we give you, only to promote Trip Tracka under these Affiliate Terms and only in the form we provide or approve.

You must not change our logo or materials, combine them with another name or logo, use them in a way that suggests we endorse you or your products, or use them in a way that could harm our reputation. You must follow any brand guidelines we give you.

We own all rights in our brand and materials, and all goodwill arising from your use of them belongs to us. You must stop using them, and remove them from channels you control within 14 days, when your participation ends or if we reasonably ask you to.

You give us a non-exclusive, royalty-free licence to use your name or business name to identify you as a Trip Tracka affiliate while you take part in the Program, and in our records afterwards. We'll ask before we feature you or your content in our own marketing.

Your Dashboard shows you information about your referrals, such as clicks, sign-ups, purchases and Commission. For each Referred Member, it shows a shortened version of their display name, when they joined, whether they have made a Qualifying Purchase and whether it was refunded, and the Commission you earned. You must:

You are responsible for complying with the privacy laws that apply to any personal information you collect from your own audience.

We handle your personal information, including your contact details, payout details, tax information and referral activity, in line with our Privacy Policy. We use it to run the Program, pay you, prevent fraud and meet our legal obligations, and we share your payout details with the bank or payment provider we use to pay you.

A shortened version of your display name, your number of referrals and your affiliate level may be shown to other affiliates on the leaderboard in the Dashboard.

We may change the Program Details or these Affiliate Terms, for example to change the commission rate, the hold period, the minimum payout amount or the referral window. If a change is likely to disadvantage you, we'll tell you by email or in your Dashboard at least 30 days before it takes effect, unless a shorter period is needed to comply with the law or to stop fraud or abuse.

A change to the commission rate applies only to Qualifying Purchases made after the change takes effect. A change doesn't affect Commission you have already earned.

If you don't agree to a change, you can end your participation under clause 17.1 before the change takes effect.

If you took part in the Program under an earlier version of these terms, this version applies to you from 30 days after we tell you about it. The earlier version continues to apply to Commission earned before then.

You may end your participation at any time by emailing support@triptracka.com. Your participation also ends if your Account is closed for any reason.

We may end your participation, or close the Program for everyone, for any reason by giving at least 30 days' notice.

We may suspend your participation, or end it immediately by telling you, if:

Before we act under clause 17.3, we'll tell you why and give you a reasonable opportunity to respond, unless we reasonably believe that urgent action is needed to prevent fraud or harm. Any action we take will be reasonable and in proportion to the problem.

While your participation is suspended, your Referral Link and Referral Code don't work, and you don't earn Commission on referrals or purchases made during the suspension. Commission you have already earned stays in your balance, but we may hold payouts until the suspension ends. Commission isn't payable on referrals or purchases obtained in breach of these Affiliate Terms (see clause 7.1(g)), and we may deduct from Commission we owe you any amount you owe us under clause 7.2 or 19.5.

When your participation ends:

If your participation ends under clause 17.3, clause 18.1(c) doesn't apply to Commission on referrals or purchases obtained in breach of these Affiliate Terms or by fraud, and we may deduct from what we pay you any amount you owe us under clause 7.2 or 19.5.

Clauses 7.2, 9.6, 10, 14.3, 15, 18, 19, 20 and 21, and any rights that arose before your participation ended, continue after it ends.

Because we must keep records of Commission, referrals and payouts, you can't delete your Account in the Services while you have Commission that is pending or approved, or if you have ever asked for a payout. Email us at support@triptracka.com and we'll pay you what we owe you under clause 18.1(c) and close your Account, keeping those records as our Privacy Policy explains.

Nothing in these Affiliate Terms excludes, restricts or modifies any right or remedy that can't be excluded under the Australian Consumer Law or any other law.

We don't promise that you'll earn any particular amount from the Program, or that our website, Referral Links or referral tracking will always be available or free of errors.

To the extent permitted by law, neither you nor we are liable to the other for any indirect or consequential loss, or for any loss of profits, revenue or opportunity, arising out of or in connection with these Affiliate Terms. This clause 19.3 doesn't apply to loss caused by fraud or wilful misconduct, to a breach of clause 12, 14 or 15 or of privacy law, or to Commission you have earned under these Affiliate Terms.

To the extent permitted by law, our total liability to you arising out of or in connection with these Affiliate Terms is limited to the greater of A$100 and the Commission paid or payable to you in the 12 months before the event giving rise to the claim. This limit doesn't apply to Commission you have earned that we haven't paid you, or to our fraud or wilful misconduct.

You are responsible for, and agree to pay us for, any reasonable loss or cost (including reasonable legal costs), and any fine or penalty (to the extent the law allows us to recover it), that we incur because of a claim by a third party, or action by a regulator, to the extent it arises from how you promoted Trip Tracka, your breach of these Affiliate Terms or your breach of the law. Your responsibility is reduced to the extent that the loss was caused or contributed to by our negligence, breach of these Affiliate Terms or wilful misconduct.

If you have a question or concern about a referral, Commission, a payout or a decision we have made under these Affiliate Terms, please contact us first at support@triptracka.com. We'll respond within 14 days.

If a dispute isn't resolved within 30 days after either of us gives the other notice of it, either of us may refer it to mediation by a mediator we agree on or, if we don't agree within 10 business days, a mediator nominated by the Resolution Institute, under the Resolution Institute's mediation rules. The mediation may be held online. Each of us pays our own costs, and we share the mediator's fees equally. Neither of us may start court proceedings about a dispute that has been referred to mediation, except to seek urgent interim relief, until the mediation has ended or 60 days have passed since the referral, whichever is earlier.

If you are a small business in Australia, you may also be able to get help from the Australian Small Business and Family Enterprise Ombudsman or the small business commissioner in your state or territory.

Governing law. These Affiliate Terms are governed by the law of Western Australia, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Western Australia and the courts that can hear appeals from them.

Notices. We may give you notices by email to the address on your Account or in your Dashboard. You may give us notices by email to support@triptracka.com.

Confidentiality. You must keep confidential any information about the Program that we give you and that isn't public, such as special commission rates, results or plans. This doesn't stop you telling your audience that you earn commission, or telling your professional advisers, a regulator or anyone else the law requires you to tell.

Transfer. You may not transfer your rights or obligations under these Affiliate Terms without our written consent. We may transfer ours to a company or other entity we control, or to a buyer of all or part of our business, if we tell you and your rights under these Affiliate Terms aren't reduced as a result.

Whole agreement. These Affiliate Terms, together with the Terms of Service, the Community Guidelines and the Program Details, are the whole agreement between you and us about the Program. Our Privacy Policy explains how we handle your personal information, but it isn't part of this agreement.

Severability and waiver. If any part of these Affiliate Terms is invalid or unenforceable, it is read down or severed to the extent necessary, and the rest continues to apply. A failure or delay in enforcing a right isn't a waiver of it.

Interpretation. Headings are for convenience only. The words "including" and "for example" don't limit what comes before them.

Events outside our control. Neither of us is responsible for a failure or delay in performing these Affiliate Terms (other than an obligation to pay money) caused by events beyond our reasonable control, such as natural disasters, emergencies, outages of third-party systems or government action, as long as we take reasonable steps to limit the effect.

For questions about the Program or these Affiliate Terms, email support@triptracka.com or write to Trip Tracka, 17 Tobermory Boulevard, Ellenbrook WA 6069, Australia.