Terms and Conditions
Last Updated: April 01, 2022
Affiliate Program - Terms and Conditions
DISCLAIMER: Content made available on www.tinyeasy.co.nz is for general information purposes only. Although all Materials have been drafted by a team of knowledgeable design experts and regularly undergo reviews and updates, Materials are created for a large range of users from many different countries that all have different laws and requirements for tiny homes. Accordingly, the information contained in the Materials does not constitute architectural advice, nor are they a substitute for architectural advice. Furthermore, any assistance and customer support provided by us does not establish an architect-client relationship. Tiny Easy cannot guarantee the Materials will be compliant with any applicable law in your jurisdiction. Our Materials are intended to provide ideas and inspiration, but you cannot rely on the Materials for your tiny home project — you must seek advice from engineers, licensed building practitioners, and/or architects in your country. Before purchasing any Materials it is your sole responsibility to determine the legal requirements and restrictions attached to tiny homes in your country and any compliance issues that you might encounter.
1. Account Registration & Terms
1.1 You must provide your legal full name, a valid email address, and any other information requested in order to complete the sign up process for an Affiliate account (“account”)
1.2 You must be 18 years of age or older to join this Program.
1.3 Each account is for use by either a single legal entity (e.g. a company or a partnership) or an individual user. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any user names and passwords issued (including those of any Invitees) rests with you.
1.4 You may not use the Program for any illegal or unauthorized purpose. You must not, in the use of the Program, violate any laws in your jurisdiction (including but not limited to copyright laws).
2. Referral Links & Promotion
2.1 Once you have signed up for the Program you will be provided with a URL link that must be used to identify you when placing a link from your site, email or other communications to the Tiny Easy website. It is your responsibility to ensure each such link is correctly formatted.
2.2 We may also provide graphical images that can be used within the links to promote Tiny Easy. You may not modify these images in any way. We reserve the right to change the images at any time without notice.
2.3 You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site
2.4 You may not use our name or graphics in any bulk email whatsoever unless we have given our advanced written consent. We may terminate the Agreement if any meaningful spam complaints naming us or our services result from your marketing activities.
2.5 You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of Tiny Easy or express or imply any relationship between us and you or any other person or entity, except as expressly permitted by this Agreement.
3. Referral Fees
3.1 For the sale of a product to be eligible to earn a referral fee, the customer must click through a link from your site, email, or other communications to the Tiny Easy website and purchase within 90 days of the initial click-through. If they fail to purchase within those 90 days and later return without following your link, you will not earn a referral fee.
3.2 We will only pay referral fees on links that are automatically tracked and reported by our systems. For our systems to track the referral, the visitor must have cookies enabled. We will not pay referral fees if someone says they signed up through you but it was not tracked by our system.
3.3 The referral fee is 30% of our revenue from customers that you refer. The referral fee will be credited to your Affiliate account once the customer pays for their product. Referral fees are only earned if a customer makes a payment in full.
4.1 Accrued referral fees are paid via bank transfer roughly once per month and only when your accrued referral fees total 100USD or more. The Affiliate will then raise an invoice to Easy Software for the indicated amount. You must have a valid bank account to receive referral fees, as we do not offer payment via cheque/check, credit card, cash, or any other method.
4.2 Customer payments refunded or payments charged back due to credit card fraud do not qualify for referral fees. We may delay crediting of referral fees subject to risk analysis considerations and Anti-Money Laundering procedures.
4.3 A summary of purchases and statement of referral fees is available to the Affiliate by logging into their Affiliate account.
4.4 The referral fee structure is subject to change at our discretion.
4.5 We reserve the right to disqualify referral fees earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
4.6 All fees are exclusive of all taxes, charges, levies, assessments, and other fees of any kind imposed on your involvement in this Agreement and shall be the responsibility of, and payable by you.
4.7 We reserve the right to check and change commissions on the basis of orders actually paid, the notification e-mail is not understood as a confirmed commission - this is only a notification, and every payment will be verified based on real transactions.
5. Customer Definition
5.1 Every customer who buys a product through this program is deemed to be a customer of Tiny Easy. Accordingly, all of our rules, policies, and operating procedures concerning pricing, customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. Tiny Easy is not responsible for any representations made by the Affiliate that contradict our rules, policies or operating procedures.
6. Pricing & Availability
6.1 We will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular service.
7. Privacy and Cookies Policy
7.2 We comply with the New Zealand Privacy Act 2020 (“the Act”) when handling Personal Information. This policy does not limit or exclude any of your rights under the Act. If you would like further information on the Act, see www.privacy.org.nz.
8. Term of the Agreement and Program
8.1 The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your address on our records, is considered sufficient notice to terminate this Agreement. Tiny Easy reserves the right to end the Program at any time. Upon Program termination, Tiny Easy will pay any legitimate outstanding earnings.
9.1 Tiny Easy, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Tiny Easy products, for any reason at any time. Such termination will result in the deactivation or deletion of your Affiliate Account, and the forfeiture and relinquishment of all potential or accrued referral fees in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Tiny Easy reserves the right to refuse service to anyone for any reason at any time. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to the Tiny Easy website and all our images and other materials provided under the Program
10. Relationship of Parties
10.1 You and Tiny Easy are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Agreement.
12.1 All notices given by you to us must be given to Tiny Easy Ltd. at email@example.com. We may give notice to you at the e-mail address you provided to us when registering. Notice will be deemed received and properly served 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13. Events outside our control
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control (a “Force Majeure Event”).
13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of public or private telecommunications networks;
(e) the acts, decrees, legislation, regulations or restrictions of any government.
13.3 Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.
14. Disputes Resolution
14.1 We will endeavour, but will not be required, to resolve all disputes with you amicably. Provided that, if we cannot resolve a dispute, no proceedings will be issued in Court in respect of the dispute without the dispute first being mediated by a single mediator appointed by agreement between the parties and failing agreement and on the application of one of them, by a Director for the time being of the Resolution Institute of New Zealand.
15. Governing Law
15.1 These Terms and your use of the Program shall be governed under New Zealand law and be under the exclusive jurisdiction of the New Zealand courts.
15.2 Where relevant the parties shall comply with the provisions of all New Zealand statutes, regulations and bylaws of government, local and other public authorities that may be applicable to use of the Program, including any occupational health and safety laws and any other relevant safety standards or legislation.
15.3 Your use of the Program may also be subject to your particular jurisdiction’s local, state, or national laws, and/or international law. Your compliance with these laws is solely your responsibility.
16.1 These Terms and Conditions may have been translated. You agree that the original English text shall prevail in the case of a dispute.
16.2 Our failure to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect our right to subsequently enforce that provision.
16.3 If any provision of these Terms and Conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
16.4 We reserve the right to review these Terms and Conditions at any time. If, following any such review, there is to be any change to these Terms and Conditions, then that change will take effect from the date on which we post the change to our website.
16.5 We may freely assign our rights and obligations under this Agreement without your consent. You may not, without our prior written consent, assign, transfer, charge, license or otherwise dispose of or deal in any rights or obligations under this Agreement.
16.6 This Agreement is entered into for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement relating to this Agreement are not subject to the consent of any third party.
16.7 If you have any questions about these Affiliate Program Terms and Conditions, you can contact us:
(a) By email: firstname.lastname@example.org
(b) By visiting this page on our website: https://www.tinyeasy.co.nz/contact