Affiliate Terms & Conditions
Supplement Mart Affiliate Program
Terms & Conditions
Welcome to the Supplement Mart Affiliate Program (the “Program”). By enrolling in the
Program, you agree to be bound by the following terms and conditions (“Terms”), which set
out the mutual rights, responsibilities, and expectations between you and Supplement Mart
Pty Ltd (ABN [——]), the owner and operator of the Supplement Mart brand (referred to in
these Terms as “Supplement Mart,” “we,” “us,” or “our”).
This agreement establishes the terms of your participation as a brand affiliate (“Affiliate,” or
“you”) and takes effect upon your acceptance. It remains in force for the duration of your
active involvement in the Program, including in relation to any promotional content you
create or share featuring Supplement Mart products (“Product”).
Unless otherwise stated in this agreement, all rights granted to Supplement Mart under the
Program are irrevocable and will survive the termination of your participation. This ensures
that any authorised use of your content or likeness created during the Program may continue
beyond your active engagement.
Program Overview
As an Affiliate, you help bring our brand to life by sharing your authentic voice and personal
style. Through the Program, you take part in a range of promotional activities designed to
grow awareness of our products and community. These activities may include:
• Creating original content featuring Supplement Mart products (such as photos, videos,
or written posts);
• Sharing that content across your personal social media channels, including Instagram,
TikTok, YouTube, and others;
• Engaging your audience with referral links, discount codes, or exclusive promotions;
• Referring friends, family, or followers to shop our brand and join the community.
All activities, performance metrics, and rewards are managed through our affiliate platform,
BrandChamp, where you can track your progress, access new activities, view educational
materials, and receive compensation or incentives for completed tasks.
Above all, you are encouraged to tell the Supplement Mart story in your own words, with
creativity and authenticity. The Program is designed to be both rewarding and enjoyable,
while maintaining a respectful and professional relationship between you, your followers, and
our brand.
Eligibility
This Program is open only to residents of Australia. To be eligible to participate, you must be
at least 18 years of age and legally able to enter into these Terms. By participating in the
Program, you represent and warrant that you meet all eligibility requirements.
Independent Contractor Relationship
By participating in the Program, you acknowledge and agree that you take part solely as an
independent contractor. Nothing in this agreement creates an employment relationship,
partnership, joint venture, franchise, or agency relationship between you and Supplement
Mart, nor does it authorise you to act or speak on behalf of Supplement Mart in any capacity.
You must not claim or imply that you are an employee, representative, or agent of
Supplement Mart, nor make any commitments or incur any obligations on our behalf. You
are not entitled to any employee entitlements, including but not limited to paid leave,
superannuation contributions, workers’ compensation, or any other benefits provided to
employees of Supplement Mart.
As an independent contractor, you are solely responsible for:
• Determining the means and methods by which you produce and share your content;
• Complying with all applicable laws, rules, and regulations;
• Paying any tax that may arise from compensation or benefits received in connection
with the Program, including income tax and, where applicable, GST;
• Providing any equipment, tools, or materials needed to carry out your promotional
activities;
• Maintaining your own business records and insurance, if applicable.
Supplement Mart has no liability or responsibility for any of your expenses, liabilities, or
obligations, except as expressly stated in this agreement.
You agree to indemnify and hold harmless Supplement Mart from any claims, damages, or
liabilities arising out of your failure to comply with your obligations as an independent
contractor.
Compensation
As a participant in the Program, you may be eligible to receive compensation in various
forms, which may include, but are not limited to:
• Commission-based earnings on qualifying referred sales;
• Free products for promotional use;
• Flat fees or performance-based bonuses;
• Exclusive discount codes or promotional opportunities for your audience.
The specific nature, structure, and amount of compensation will be determined by
Supplement Mart and communicated to you directly via email, your BrandChamp dashboard,
or another designated channel.
Commission and credit conditions:
• All commissions and referral-based credits are subject to a standard sixty (60) day
holding period to allow for fraud monitoring, returns, and refund adjustments. No
compensation is finalised or paid until the holding period is complete.
• You are not eligible to receive compensation for sales that are deemed fraudulent,
self-referred, cancelled, refunded, or in breach of the Program terms.
• Supplement Mart reserves the right to audit and adjust compensation in cases of error,
dispute, or suspected abuse.
Payment: Compensation is processed through BrandChamp or an authorised third-party
payment provider. You are responsible for creating and maintaining an accurate account on
the designated platform in order to receive payments. Supplement Mart is not liable for
delayed or failed payments caused by inaccurate account information, system outages, or
third-party service issues.
Tax: You are solely responsible for determining and meeting any tax obligations arising from
compensation received under the Program, including income tax and, where applicable,
GST. You may be asked to provide a valid Australian Business Number (ABN). If you do not
provide a valid ABN, Supplement Mart may be required by law to withhold an amount from
payments to you (“no ABN withholding”) and remit it to the Australian Taxation Office. If you
are registered for GST, you may be required to provide a valid tax invoice for amounts
payable to you.
Program changes: Supplement Mart reserves the right to modify, suspend, or terminate the
compensation structure or the Program at any time, with or without notice. Any such change
will not affect compensation that has already been earned and approved.
Content Creation and Usage
By creating, posting, sharing, or otherwise submitting any content — including but not limited
to photos, videos, text, reviews, captions, audio, graphics, and other media (collectively,
“Content”) — in connection with the Program, you grant Supplement Mart, including its
related bodies corporate, affiliates, licensees, successors, and assigns, a perpetual,
irrevocable, worldwide, royalty-free, non-exclusive, transferable, and sub-licensable licence
to use, reproduce, display, distribute, adapt, edit, modify, create derivative works of, and
publicly perform that Content in any manner and on any media platform now known or later
developed.
This includes but is not limited to use on our website, social media channels, paid
advertisements, email campaigns, retail and promotional materials, public relations content,
packaging, and third-party marketing or retail channels.
You also grant us the right to use your name, social media handle, likeness, image, voice,
biographical information, and any statements or endorsements you provide in connection
with the Content or the Program, without additional notice, review, or approval, unless
otherwise required by law.
You represent and warrant that:
• You are the sole creator and rightful owner of all Content submitted;
• You have obtained all necessary rights, permissions, and clearances from any third
parties appearing in the Content (including photographers, videographers,
collaborators, or subjects);
• The Content does not infringe, violate, or misappropriate any third-party rights,
including intellectual property rights, privacy rights, or rights of publicity;
• You have not granted, and will not grant, any rights to the Content that would conflict
with or impair the rights granted to Supplement Mart under this agreement.
To the extent permitted by law, you consent to Supplement Mart, and any person authorised
by Supplement Mart, using the Content in any manner described in this agreement even
where doing so would otherwise infringe your moral rights under the Copyright Act 1968
(Cth) — for example, use of the Content without attribution, or with alterations, additions, or
edits. You acknowledge that moral rights cannot be assigned and, to the extent they cannot
be waived under Australian law, this consent is given to the fullest extent permitted.
You acknowledge and agree that Supplement Mart has no obligation to use your Content
and may remove or decline to publish any Content at its sole discretion. No further
consideration, notice, or approval is required for the use of the rights granted here, unless
otherwise agreed in writing.
This licence survives termination of your participation in the Program.
Brand Representation
You agree to represent the Supplement Mart brand in a manner that aligns with our tone,
values, and community standards. Where provided, you agree to follow any official Affiliate
guidelines, content templates, or aesthetic references issued by Supplement Mart.
Disclosure & Australian Consumer Law Compliance
As an Affiliate, you agree to clearly and prominently disclose your commercial relationship
with Supplement Mart in all promotional content, in accordance with the Australian
Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) and any
applicable Australian Competition and Consumer Commission (ACCC) guidance for online
endorsements and influencers. This applies to any posts, videos, images, or reviews shared
on social media, blogs, websites, or any other platform.
You must make clear that your content is sponsored and that you are acting as a
Supplement Mart Affiliate. Acceptable forms of disclosure include hashtags such as #ad,
#sponsored, or #SupplementMartAffiliate, placed at the beginning of the caption or in a
location that is easily noticeable to viewers. Simply tagging the brand is not sufficient.
If you received free products, gifts, services, or any other form of compensation (monetary or
otherwise) in connection with your promotion of our Product, this must also be clearly
disclosed in your content. Disclosures must be made in the same medium as the
endorsement, must not be buried in a string of hashtags, and must not be hidden behind a
“see more” link. Your content and any claims you make must be truthful and must not be
misleading or deceptive, or likely to mislead or deceive, under the Australian Consumer Law.
You understand and agree that:
• Any content that fails to include the required disclosures is subject to immediate
removal upon request by Supplement Mart;
• You will not receive compensation, bonuses, or rewards for any non-compliant posts;
• Repeated or material non-compliance may result in termination of your participation in
the Program;
• You agree to indemnify, defend, and hold harmless Supplement Mart and its affiliates,
employees, and partners from any claims, penalties, or liabilities arising from your
failure to comply with the Australian Consumer Law, ACCC guidance, or any other
applicable laws;
• It is your responsibility to stay informed of and comply with all current disclosure rules
and regulations issued by the ACCC and any other applicable regulator.
Prohibited Conduct
As an Affiliate for Supplement Mart, you agree that all content you create and share in
connection with the Program must uphold the values and image of the brand. The following
types of content are strictly prohibited and may result in immediate removal from the
Program, forfeiture of compensation or rewards, and potential legal action:
• Offensive or inappropriate content: content that includes or promotes hate speech,
racism, sexism, homophobia, transphobia, religious intolerance, violence, profanity,
sexually explicit or suggestive material, or any form of discriminatory or abusive
behaviour.
• Illegal activity: content that depicts, encourages, or promotes illegal activities,
including but not limited to drug use, underage drinking, or unauthorised gambling.
• Misleading or false claims: any content that contains unsubstantiated, exaggerated,
or deceptive claims about Supplement Mart’s products or services, or that
misrepresents your experience or results. This includes any therapeutic, health, or
performance claims that are not permitted for the relevant Product.
• Negative brand comparisons: posts that make disparaging or negative comparisons
between Supplement Mart and competitors, or that otherwise present the brand in a
negative or combative light.
• Trademark or copyright infringement: use of third-party intellectual property (for
example, logos, music, images, or text) without proper authorisation or rights.
• Unauthorised use of brand assets: alteration or misuse of Supplement Mart logos,
trademarks, product images, or other brand assets in a way that distorts or
misrepresents the brand.
• Controversial political or religious commentary: content that engages in divisive
political or religious debate, unless such expression is part of your personal identity
and aligns with the brand’s values and commitment to inclusivity.
• Impersonation or misrepresentation: content that impersonates any person or
entity, or misrepresents your affiliation with any person or entity, including Supplement
Mart. This includes the undisclosed use of artificial intelligence (AI) generated content.
• Failure to gather consent: it is your responsibility to ensure you have the consent of
all individuals featured in your content. You must not publish any content featuring
individuals under the age of 18.
• Failure to comply with platform policies: any content that breaches the terms of
service or community guidelines of the platform on which it is posted (for example,
Instagram, TikTok, YouTube).
Supplement Mart reserves the right to review and request the removal or modification of any
content it considers inconsistent with the standards above or harmful to the brand’s
reputation. Failure to comply may result in immediate termination of this agreement and legal
action.
Non-Compete / Exclusivity
We want our Affiliates to be true fans of our Product. This means that, during your
participation in the Program, you agree not to promote, endorse, represent, or collaborate
with any brand or company that directly competes with Supplement Mart in the same product
categories. This includes, but is not limited to, companies whose core offerings include
sports nutrition; protein and amino acid supplements; pre-workout and performance
products; vitamins, minerals, and general health supplements; and weight management or
other dietary and nutritional supplements.
Prohibited Referral Activity
As a participant in the Program, you agree to engage in honest and good-faith promotional
activities. Any form of manipulation, fraud, or abuse of the referral, rewards, or compensation
system is strictly prohibited and may result in immediate removal from the Program and loss
of eligibility for future participation. Prohibited activities include, but are not limited to:
• Self-referrals (for example, using your own referral link to make purchases for yourself
or on your own devices or accounts);
• Fake referrals, including coordinating with others to generate artificial purchases or
redemptions;
• Coordinated or incentivised return schemes aimed at triggering referral credit without
genuine intent to keep or use the products;
• Creating duplicate accounts, fictitious profiles, or using bots or automation tools to
generate traffic or referrals;
• Sharing referral links on coupon aggregator sites or platforms not approved by
Supplement Mart for promotion;
• Attempting to reverse engineer, bypass, or otherwise tamper with the Program’s
tracking, referral, or reward systems, including cookie tracking mechanisms,
promotional codes, or platform vulnerabilities.
We actively monitor for signs of suspicious behaviour and reserve the right, at our sole
discretion, to:
• Withhold, reverse, deny, or revoke any compensation, referral credit, or reward points
linked to fraudulent or questionable activity;
• Require repayment or reimbursement of previously distributed funds or gifts if they are
later found to have been obtained improperly;
• Terminate your participation in the Program immediately, without notice;
• Pursue legal remedies in cases involving fraud, deception, or wilful harm to the brand.
You agree to cooperate fully in any investigation into suspected misuse, and understand that
failure to do so may further affect your standing in the Program.
Indemnification
You agree to indemnify, defend, and hold harmless Supplement Mart, its related bodies
corporate, officers, directors, employees, agents, successors, and assigns (collectively, the
“Indemnified Parties”) from and against any and all claims, liabilities, damages, losses,
fines, penalties, costs, and expenses (including reasonable legal fees) arising out of or
related to your participation in the Program. This includes, without limitation:
• Any breach or alleged breach by you of this agreement, including but not limited to
your obligations relating to disclosure compliance, prohibited content, brand
exclusivity, and referral integrity;
• Your failure to comply with applicable laws or regulations, including but not limited to
advertising, consumer protection, disclosure, privacy, intellectual property, and tax
laws;
• Any false, misleading, or defamatory statements made by you in connection with your
participation in the Program;
• Your creation, publication, or distribution of content that infringes the rights of any third
party, including intellectual property rights or rights of publicity or privacy;
• Any activity or content that breaches the terms of service or community guidelines of
social media platforms or other promotional channels;
• Your misrepresentation of your relationship with Supplement Mart, or your
unauthorised use of the brand’s trademarks, logos, product images, or other
proprietary materials;
• Your status and actions as an independent contractor, including any employment-
related claims, tax obligations, or worker classification disputes;
• Any attempt by you to reverse engineer, tamper with, or exploit the Program’s referral,
tracking, or compensation systems, or otherwise engage in deceptive or fraudulent
conduct.
This indemnification obligation survives the expiry or termination of this agreement and your
participation in the Program. Supplement Mart reserves the right, at your expense, to
assume the exclusive defence and control of any matter subject to indemnification by you,
and you agree to cooperate fully in the defence of any such claim.
Liability
Nothing in this agreement excludes, restricts, or modifies any consumer guarantee, right, or
remedy that cannot be excluded under the Australian Consumer Law or any other applicable
law. To the maximum extent permitted by law, Supplement Mart is not liable for any indirect,
incidental, special, consequential, or punitive damages arising out of or related to your
participation in the Program. To the maximum extent permitted by law, our total liability to
you will not exceed the amount of compensation actually paid to you under the Program in
the twelve (12) months preceding the event giving rise to the claim.
Non-Disparagement
You agree that, during your participation in the Program and for a period of twelve (12)
months after it ends, you will not make or publish, directly or indirectly, any statement —
oral, written, or electronic — that could reasonably be construed to disparage, defame, or
otherwise harm the reputation of Supplement Mart, its products, services, employees,
officers, agents, affiliates, or partners. This includes, but is not limited to:
• Posting or sharing negative or misleading comments on social media, blogs, forums,
or review sites;
• Making public claims that misrepresent the brand’s business practices, products, or
values;
• Encouraging others to boycott, criticise, or speak negatively about the brand in any
public or professional setting.
This clause is NOT intended to prevent you from:
• Providing honest feedback or criticism directly and privately to Supplement Mart;
• Making truthful statements required by law, legal proceedings, or regulatory
obligations;
• Sharing your genuine personal experience with the brand in a manner that complies
with the Australian Consumer Law and does not involve malicious intent.
Breach of this provision may result in legal action, including claims for damages or injunctive
relief, and may disqualify you from receiving any unpaid compensation or future
collaboration opportunities.
Termination
Supplement Mart reserves the right to terminate your participation in the Program at any
time, with or without cause, and at its sole discretion. Termination may occur for any reason,
including but not limited to a breach of this agreement, failure to comply with applicable laws
or ACCC guidance, engagement in prohibited conduct, inactivity, or actions considered
detrimental to the brand’s reputation or values.
Upon termination:
• You must immediately stop identifying or representing yourself as a Supplement Mart
Affiliate in any public or private forum, including on social media, websites, email
communications, or other promotional channels;
• You must, upon request, promptly remove or modify any content associated with the
Program that Supplement Mart deems non-compliant, outdated, misleading, or no
longer representative of the brand’s standards;
• Supplement Mart reserves the right to withhold, cancel, or revoke any unpaid or
pending compensation, referral rewards, or promotional incentives where the
termination is due to a breach of contract, fraud, or misconduct.
Termination does not relieve you of your obligations under this agreement. In particular, the
following sections survive termination and remain in full force and effect:
• Content rights and licence granted to Supplement Mart;
• Disclosure and Australian Consumer Law compliance;
• Prohibited conduct and referral abuse provisions;
• Independent contractor status;
• Indemnification;
• Governing law and dispute resolution;
• Any other provisions which, by their nature, are intended to survive the termination of
your participation.
Changes to the Terms
We may update these Terms at any time and without notice. Continued participation in the
Program constitutes your acceptance of the revised Terms.
Governing Law
This agreement is governed by, and construed in accordance with, the laws of
[STATE/TERRITORY] and the Commonwealth of Australia, without regard to conflict of law
principles. You and Supplement Mart submit to the non-exclusive jurisdiction of the courts of
[STATE/TERRITORY] and the courts competent to hear appeals from them.
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