Cycliq Affiliate Program - Terms & Conditions

Cycliq Affiliate Program – Terms & Conditions

 

Updated: September, 2025

This Affiliate Program Operating Agreement (“Operating Agreement”) contains the terms and conditions that govern your participation in the Cycliq Affiliate Program (the “Program”). “Cycliq,” “we,” “us,” or “our” means Cycliq Products Pty Ltd (ABN 19 119 804 974), with registered address C14/513 Hay St, Subiaco, WA 6008, Australia. “You” or “your” means the applicant. A “site” means a website. “Your Site” means any site(s), software application(s), social profile(s), email list(s), and any mobile application(s) that you own or control and on/through which you place links to our website(s). “Cycliq Site” means cycliq.com.au (AU store) only. For clarity, orders placed on other Cycliq domains (including cycliq.co.uk and cycliq.com) are not eligible for the Program unless we expressly designate them in writing as included Cycliq Sites. “Affiliate Fees” means fees payable to you as compensation for marketing and promotional services that result in Qualifying Purchases (defined in Section 7).

 

BY CHECKING THE BOX INDICATING THAT YOU AGREE TO THE TERMS AND CONDITIONS OF THIS OPERATING AGREEMENT, OR BY CONTINUING TO PARTICIPATE IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE, REVISED OPERATING AGREEMENT, OR REVISED OPERATIONAL DOCUMENTATION ON THE CYCliq SITE OR AFFILIATE PORTAL, YOU (A) AGREE TO BE BOUND BY THIS OPERATING AGREEMENT; (B) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS OPERATING AGREEMENT; AND (C) REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS AND WILL REMAIN IN COMPLIANCE WITH THIS OPERATING AGREEMENT. IF YOU ARE AGREEING ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO BIND THAT ENTITY.

 

1. Description of the Program

The Program permits you to promote Cycliq products (“Products”) on Your Site and earn Affiliate Fees for Qualifying Purchases by end users who arrive via your properly formatted links. The Program applies only to purchases completed on cycliq.com.au. Purchases on any other Cycliq domains (including cycliq.co.uk and cycliq.com) are excluded unless expressly included by us in writing. To help you advertise Products, we may make available data, images, text, link formats, widgets, discount codes, and other tools (“Content”). Content excludes materials relating to products sold on sites other than the Cycliq Site.

2. Enrollment

To enroll, submit a complete and accurate application identifying Your Site(s). We may accept or reject any application at our sole discretion, including if we determine Your Site is unsuitable (e.g., illegal, infringing, misleading, hateful, adult, or otherwise objectionable). If accepted and later deemed unsuitable, we may terminate this Operating Agreement at any time. You must keep all account and contact information accurate and up to date; notices we send to your registered email are deemed received.

3. Links on Your Site

Once accepted, you may display Special Links to the Cycliq Site. “Special Links” are links or codes that (i) we provide or approve, (ii) are properly formatted with your unique tracking parameters, and (iii) comply with this Operating Agreement and our linking guidelines. Special Links enable accurate tracking and attribution. You earn Affiliate Fees only as described in Section 7 and only for activity that occurs through Special Links. If links are not properly formatted, we have no obligation to pay fees that would otherwise accrue.

4. Program Requirements

By participating, you agree to comply with this Operating Agreement and all pages, schedules, policies, or guidelines we reference or publish for the Program (collectively, “Operational Documentation”). You will provide information we reasonably request to verify compliance. If we determine you violated any requirement, we may (in addition to other remedies): (a) withhold or reverse Affiliate Fees; (b) close your accounts; (c) terminate this Operating Agreement; and/or (d) pursue further remedies.

You consent to us sending Program emails; monitoring and using data about referrals from Your Site to the Cycliq Site consistent with our Privacy Policy; and reviewing Your Site(s) and channels for compliance.

5. Responsibility for Your Site

 

You are solely responsible for Your Site, including its development, operation, and all materials that appear on it. This includes (without limitation): technical operation; accurate and compliant display of Special Links and Content; truthful and lawful marketing; proper rights to all materials you use; and clear privacy disclosures (including cookie/pixel usage where required by law). You will defend, indemnify, and hold Cycliq harmless from all claims, losses, and expenses arising from Your Site, your marketing, or your breach of this Operating Agreement.

6. Order Processing

Cycliq (or our ecommerce provider) will process orders placed by customers who follow Special Links. We may reject orders that do not meet our requirements. We will track Qualifying Purchases for reporting and fee accrual and provide access to reports via our affiliate portal (powered by GoAffPro or another provider).

7. Affiliate Fees (How You Earn)

We pay Affiliate Fees on Qualifying Purchases at the rate and on the terms below.

7.1 Rate. Affiliate Fees are 5% of Net Sales Value of Qualifying Purchases.

7.2 Net Sales Value. The product sale price excluding GST/VAT/sales tax, shipping/handling, discounts, returns, chargebacks, and fraudulent orders.

7.3 Qualifying Purchase. A purchase is “Qualifying” only if:

(a) the customer arrives at the Cycliq Site via your Special Link;

(b) within the 7-day cookie window the customer completes a purchase;

(c) the order is fully paid and not cancelled, refunded, fraudulent, or reversed; and

(d) the purchase is not a personal order by you (no self-purchases).

7.3A Site Scope. A purchase qualifies only if completed on cycliq.com.au. Purchases completed on other Cycliq domains (including cycliq.co.uk and cycliq.com) are ineligible, unless we have expressly designated those domains as included Cycliq Sites.

7.4 Cookie & Attribution. Our cookie duration is 7 days. If multiple affiliates refer the same customer, last click prior to purchase is credited.

7.5 Exclusions. No fees are earned on: self-purchases; orders outside the cookie window; orders not tracked due to improper link formatting; orders placed after termination; cancelled/returned/charged-back/fraudulent orders; prohibited traffic sources (e.g., brand-term bidding if restricted), coupon abuse, or other Program violations.

8. Fee Payment

8.1 Schedule. Affiliate Fees are paid monthly, within 14 days after calendar month-end, provided your payable balance is at least $50 AUD (the “Minimum Payout Threshold”). Unpaid amounts roll over until the threshold is met.

8.2 Method & Currency. Payments are made via PayPal (or another method we designate) in AUD unless otherwise stated. Any third-party transaction fees are borne by you.

8.3 Adjustments. We may reverse or offset fees for ineligible, cancelled, refunded, or fraudulent orders, and correct overpayments in subsequent cycles.

8.4 Nature of Fees. Affiliate Fees are compensation for your marketing and promotional services, not royalties.

9. Taxes & Withholding

You are responsible for all taxes on Affiliate Fees in your jurisdiction. For Australian residents, we generally pay without withholding. For non-Australian residents, we may be required under Australian law to withhold tax from payments depending on treaty status and documentation. If withholding applies, we will deduct the required amount and remit to the Australian Taxation Office and provide reasonable documentation for foreign tax credit claims. We may request proof of tax residency to apply reduced treaty rates.

10. Policies, Pricing & Customers

Customers who buy through the Program are Cycliq customers. All pricing, policies, and procedures on the Cycliq Site apply and may change at any time. For avoidance of doubt, customers and orders eligible for Affiliate Fees under this Program are those completed on cycliq.com only, unless we have expressly designated additional domains as included Cycliq Sites.

11. Identifying Yourself as an Affiliate

You must clearly disclose your affiliate relationship wherever you promote Cycliq, in accordance with applicable laws (e.g., ACCC guidance, FTC endorsement rules, CMA/ASA). Do not issue press releases about this relationship or misrepresent that Cycliq sponsors or endorses you.

12. Limited Licence

Subject to this Operating Agreement, we grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free licence to (a) display the Content and (b) use Cycliq trademarks and logos we provide, solely to advertise Products and direct users to the Cycliq Site through the Program. We may revoke or modify this licence at any time. Upon termination or our request, you must promptly remove and destroy all Content and Cycliq marks.

13. Prohibited Conduct

You will not (and will not allow others to):

• engage in misleading, deceptive, illegal, hateful, or adult content;

• engage in spam, unsolicited commercial email/SMS, or cookie stuffing;

• bid on “Cycliq” or confusingly similar terms in paid search without our written permission;

• register domains or handles containing Cycliq marks;

• operate “coupon/deal” directories that publish non-public codes;

• incentivize clicks with rebates, cash, points, or donations tied to use of your Special Links (unless we expressly allow).

 

14. Compliance with Laws

You must comply with all applicable laws and regulations where you market Cycliq, including Australian Consumer Law (ACCC), Spam Act 2003 (Cth), Privacy Act 1988 (Cth), and any foreign equivalents (e.g., FTC, GDPR, CMA/ASA) when targeting those jurisdictions.

15. Relationship of Parties

You are an independent contractor, not Cycliq’s employee, agent, partner, franchisee, or joint venturer. You have no authority to bind Cycliq.

16. Term and Termination

This Operating Agreement begins upon our acceptance of your application and continues until terminated by either party. Either you or we may terminate at any time, with or without cause, by written notice. Upon termination, all licences end and you must promptly remove Special Links, Content, and Cycliq marks. We may withhold unpaid fees for a reasonable period to account for returns/chargebacks. Sections intended to survive (including 5, 9–12, 15–20) do so.

17. Modifications

We may modify this Operating Agreement or Operational Documentation at any time by posting updates on the Cycliq Site or affiliate portal, or by email notice. If any modification is unacceptable to you, your sole remedy is to terminate. Your continued participation after the effective date constitutes binding acceptance. For material changes to commission rate, payout threshold, or core rules, we will give at least 14 days’ notice.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CYClLIQ WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF REVENUE, PROFITS, GOODWILL, DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY. OUR AGGREGATE LIABILITY UNDER THIS OPERATING AGREEMENT WILL NOT EXCEED THE AFFILIATE FEES PAID OR PAYABLE TO YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM

19. Disclaimers

THE PROGRAM, CONTENT, SPECIAL LINKS, REPORTING, AND THE CYCliq SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. We may change, suspend, or discontinue any aspect of the Program at any time.

20. Confidentiality

Any non-public information we provide to you is Cycliq confidential information. You may use it only to perform under this Operating Agreement and must not disclose it to third parties, except to your personnel under similar obligations.

21. Governing Law & Venue

This Operating Agreement is governed by the laws of Western Australia. The courts of Western Australia have exclusive jurisdiction over disputes arising out of or relating to this Operating Agreement. Nothing prevents Cycliq from seeking injunctive relief for infringement or misuse of Cycliq intellectual property in any court of competent jurisdiction.

22. Miscellaneous

You may not assign this Operating Agreement without our prior written consent. Our failure to enforce any provision is not a waiver. If any provision is unenforceable, it will be modified to the minimum extent necessary to be enforceable, and the remainder remains in effect. Headings are for convenience only. “Including” means “including without limitation.”