For the purposes of these Terms:

Affiliate means an individual, business or organisation approved by Flourish Academy to promote Eligible Products in exchange for commission.

Affiliate Dashboard means the online affiliate portal used to access referral links, reporting, commission information and promotional resources.

Affiliate Link means the unique tracking link generated for an Affiliate.

Commission means the percentage of Net Revenue payable to an Affiliate for Eligible Sales.

Eligible Products means the Flourish Academy products approved for commission, including online courses, memberships, digital downloads, resource packs, webinars and bundles.

Eligible Sale means a completed purchase that satisfies all requirements under these Terms.

Net Revenue means the purchase price actually received by Flourish Academy after deducting GST (where applicable), refunds, payment processing fees, chargebacks, discounts, coupons, promotional credits and fraudulent transactions.

Program means the Flourish Academy Affiliate Program.

Customer means a purchaser referred to Flourish Academy through an Affiliate Link.

Applicants must:

• be at least 18 years of age;
• provide accurate contact and payment information;
• comply with all applicable Australian laws;
• maintain professional and ethical business practices;
• operate websites, social media accounts or other marketing channels that align with Flourish Academy's values.
  
  

Approval into the Program is entirely at Flourish Academy's discretion.

We reserve the right to reject any application without providing reasons.

Participation in the Program does not create:

• employment;
• partnership;
• agency;
• joint venture;
• franchise; or
• representative authority.

Affiliates act solely as independent contractors.

Affiliates must not:

• present themselves as employees of Flourish Academy;
• negotiate on behalf of Flourish Academy;
• enter into contracts on behalf of Flourish Academy;
• provide customer support unless expressly authorised;
• make guarantees regarding products or services that have not been approved by Flourish Academy.

Once approved, Affiliates will receive access to:

• their Affiliate Dashboard;
• unique referral links;
• approved marketing materials;
• logos and branding (where authorised);
• commission reporting;
• promotional resources.

Approval into the Program does not guarantee ongoing participation.

Flourish Academy reserves the right to suspend or remove Affiliates at any time in accordance with these Terms.

Affiliates agree to:

• promote Flourish Academy honestly and ethically;
• represent products accurately;
• use only current product descriptions and pricing;
• maintain accurate account information;
• comply with all applicable laws and advertising standards;
• ensure all marketing content is truthful and not misleading.

Affiliates are responsible for ensuring that any information they publish regarding Flourish Academy remains accurate and current.

As Flourish Academy provides education for parents, carers and professionals working with children and families, Affiliates must uphold a professional standard when promoting the Academy.

Affiliates must not publish content that:

• is unlawful;
• contains hate speech;
• promotes discrimination;
• contains explicit or offensive material;
• promotes violence;
• promotes illegal activity;
• damages the reputation of Flourish Academy;
• infringes another person's intellectual property;
• is deceptive or misleading.

Flourish Academy may require the removal of any promotional material considered inconsistent with our values or reputation.

Affiliates may promote Flourish Academy through:

• websites;
• blogs;
• newsletters;
• podcasts;
• YouTube;
• Instagram;
• Facebook;
• LinkedIn;
• TikTok;
• email marketing;
• presentations;
• workshops; and
• other approved channels.

Marketing must always be accurate, respectful and consistent with Flourish Academy branding.

Affiliates must not alter logos, graphics or approved promotional materials without written permission.

Affiliates may create their own educational content discussing Flourish Academy provided it remains factual and complies with these Terms.

Affiliates must not make claims that any Flourish Academy course:

• guarantees employment;
• guarantees professional registration;
• guarantees business success;
• guarantees parenting outcomes;
• guarantees therapeutic outcomes;
• guarantees behavioural change;
• guarantees child protection outcomes;
• replaces clinical supervision;
• replaces psychological or medical treatment.

Affiliates may only use statements that accurately describe the learning outcomes published by Flourish Academy.

Testimonials must reflect genuine experiences.

Fake testimonials, AI-generated testimonials or misleading reviews are strictly prohibited.

Affiliates are encouraged to share Flourish Academy content through social media.

When doing so they must:

• identify promotional content where legally required;
• comply with Australian Consumer Law;
• avoid misleading editing of course content;
• avoid creating the impression they are official Flourish Academy representatives.

Flourish Academy may repost Affiliate content without obligation to do so.

Affiliates must not engage in any activity that may damage the reputation, integrity or commercial interests of Flourish Academy.

Without limitation, Affiliates must not:

• refer themselves or purchase products using their own Affiliate Link;
• create multiple Affiliate accounts;
• refer businesses or organisations they own or control for the purpose of earning commission;
• generate fake sales or fraudulent transactions;
• encourage customers to request refunds after commission has been earned;
• impersonate Flourish Academy or its representatives;
• represent themselves as employees, contractors or authorised spokespeople of Flourish Academy;
• make misleading or false claims regarding Flourish Academy products or services;
• use deceptive advertising or clickbait;
• publish fake reviews or AI-generated testimonials presented as genuine customer experiences;
• use malware, bots or automated software to generate clicks or sales;
• artificially inflate website traffic;
• engage in cookie stuffing or cookie dropping;
• interfere with another Affiliate's tracking links;
• purchase Flourish Academy products on behalf of another customer for the purpose of generating commission.

Any breach may result in immediate suspension or termination of the Affiliate account.

Unless expressly authorised in writing, Affiliates must not:

• bid on "Flourish Academy" or any variation, misspelling or derivative in Google Ads or any search advertising platform;
• use Flourish Academy as the display URL in paid advertisements;
• direct paid advertisements straight to Flourish Academy's website using an Affiliate Link;
• register domain names that include or closely resemble the Flourish Academy name or brand.

Affiliates may bid on general educational keywords provided they do not misrepresent their relationship with Flourish Academy.

Affiliates may only advertise:

• publicly available promotions;
• authorised sales;
• approved discount codes supplied directly by Flourish Academy.

Affiliates must not:

• create their own discount codes;
• advertise expired promotions;
• imply discounts exist where they do not;
• offer cashback or financial incentives unless approved.

Unauthorised promotions may result in forfeiture of commission.

Each Affiliate will receive a unique tracking link through the Affiliate Dashboard.

Commission will only be payable where the sale has been correctly tracked through the Affiliate Link.

Affiliates are responsible for ensuring their links are used correctly.

Flourish Academy cannot guarantee tracking where:

• cookies have been deleted;
• tracking has been disabled by the customer;
• another Affiliate receives last-click attribution;
• third-party browser settings prevent tracking;
• the customer completes the purchase using another device without recognised tracking.

Tracking information recorded by Flourish Academy's affiliate platform will be considered final.

Affiliate referrals are tracked using browser cookies.
The cookie duration applicable to the Program will be published within the Affiliate Dashboard and may be amended by Flourish Academy from time to time.

Where multiple Affiliates refer the same customer, commission will generally be allocated according to the tracking rules of the affiliate platform, including any applicable last-click attribution model.
Flourish Academy accepts no responsibility for lost commissions resulting from browser settings, privacy software or customer actions outside our control.

Commission is payable only on products designated by Flourish Academy as Eligible Products.

Eligible Products may include:

• online courses;
  
• coaching;
  
• subscriptions;
• digital downloads;
• webinars;
• workshops;
• resource packs;
• educational bundles;
  
• other products listed in the Affiliate Dashboard.
  
  

Flourish Academy may add or remove Eligible Products at any time.

All purchases are made directly between Flourish Academy and the customer.

Flourish Academy retains sole responsibility for:

• payment processing;
• customer service;
• technical support;
• refunds;
• course access;
• subscriptions;
• cancellations;
• complaints;
• fulfilment.

Affiliates have no authority to negotiate pricing, issue refunds or modify customer accounts.

All customer information remains the property of Flourish Academy and is managed in accordance with our Privacy Policy.

Approved Affiliates will earn commission at the rate specified within the Affiliate Dashboard or in a separate written Affiliate Agreement.

Unless otherwise agreed:

• commission is calculated on Net Revenue only;
• GST is excluded from commission calculations;
• commission is not payable on taxes, payment processing fees, refunds, promotional credits or chargebacks;
• commission rates may differ between products or promotions.

Flourish Academy reserves the right to vary commission rates by providing reasonable written notice.

Commission becomes payable only after:

• the customer's payment has been successfully received;
• any applicable refund period has expired;
• the sale has been validated by Flourish Academy;
• the transaction has not been identified as fraudulent.

Sales shown as "Pending" within the Affiliate Dashboard do not represent earned commission.

Commission payments will generally be processed monthly.

Payments will only be made where the Affiliate has:

• provided accurate payment information;
• complied with these Terms;
• reached the minimum payment threshold published in the Affiliate Dashboard.

Payments may be made by electronic bank transfer or another approved payment method determined by Flourish Academy. Affiliates are responsible for ensuring their payment details remain current.

Where a customer receives:

• a refund;
• chargeback;
• payment reversal;
• fraudulent transaction reversal;
• cancelled purchase;

any associated commission will not be payable.

If commission has already been paid, Flourish Academy may:

• deduct the amount from future commission payments;
• request repayment;
• offset the amount against future earnings.

Flourish Academy actively monitors affiliate activity to protect the integrity of the Program.

We reserve the right to investigate:

• suspicious traffic;
• unusually high conversion rates;
• duplicate purchases;
• self-referrals;
• fraudulent payment activity;
• artificial lead generation;
• unusual referral behaviour.

During an investigation, commission payments may be temporarily withheld.

Where fraudulent activity is identified, Flourish Academy may:

• cancel affected commissions;
• suspend Affiliate accounts;
• permanently terminate participation in the Program;
• recover improperly paid commissions;
• report unlawful conduct to relevant authorities where appropriate.

Affiliates will have access to reporting through the Affiliate Dashboard.

Reports may include:

• clicks;
• referrals;
• pending commissions;
• approved commissions;
• declined commissions;
• payment history.

While Flourish Academy endeavours to provide accurate reporting, occasional delays or technical issues may occur. The records maintained by Flourish Academy and its affiliate platform will be final in determining commission entitlements.

All intellectual property rights relating to Flourish Academy remain the exclusive property of Flourish Academy unless otherwise stated.

This includes, but is not limited to:

• course content;
• videos;
• workbooks;
• digital resources;
• templates;
• downloads;
• lesson materials;
• assessments;
• presentations;
• graphics;
• logos;
• branding;
• photographs;
• website content;
• copywriting;
• marketing materials;
• software;
• trademarks; and
• any future updates or improvements.

Participation in the Affiliate Program does not grant ownership of any intellectual property.

Approved Affiliates are granted a limited, non-exclusive, revocable, non-transferable licence to use approved Flourish Academy branding solely for the purpose of promoting Eligible Products.

Affiliates must not:

• modify logos;
• recreate the Flourish Academy brand;
• alter colours or design elements;
• create derivative branding;
• register business names or domain names incorporating the Flourish Academy name or confusingly similar variations;
• use Flourish Academy trademarks outside the scope of this Agreement.

This licence automatically ends when an Affiliate leaves the Program.

Affiliates retain ownership of their own original marketing content.

However, by promoting Flourish Academy, the Affiliate grants Flourish Academy a royalty-free, worldwide, non-exclusive licence to:

• share;
• repost;
• quote;
• publish;
• display; or
• reproduce

that content for marketing or promotional purposes, unless the Affiliate has expressly requested otherwise in writing.

Where practical, Flourish Academy will acknowledge the original creator.

Affiliates may receive confidential information relating to Flourish Academy, including:

• business strategies;
• pricing;
• upcoming product launches;
• commission structures;
• marketing campaigns;
• customer information;
• internal resources; and
• commercial information.

Affiliates agree not to disclose or use confidential information except as required to participate in the Program.

This obligation continues after participation in the Program ends.

Each party agrees to comply with all applicable Australian privacy laws, including the Privacy Act 1988 (Cth), where applicable.

Affiliates must not:

• collect customer information on behalf of Flourish Academy unless authorised;
• access customer accounts;
• share customer personal information;
• misuse personal information obtained through participation in the Program.

All customer data collected through Flourish Academy remains the property of Flourish Academy and is managed in accordance with our Privacy Policy.

Affiliates warrant that they will:

• comply with these Terms;
• comply with all applicable laws;
• market Flourish Academy honestly;
• respect intellectual property rights;
• avoid misleading or deceptive conduct;
• maintain professional standards;
• ensure all promotional content is accurate.

Affiliates acknowledge that they are solely responsible for the content they publish.

Flourish Academy does not guarantee:

• Affiliate earnings;
• customer purchases;
• referral volume;
• website availability;
• uninterrupted access to the Affiliate Dashboard;
• continuous operation of affiliate tracking technology.

Individual results will vary depending on the Affiliate's own marketing efforts and external factors beyond Flourish Academy's control.

To the fullest extent permitted by Australian law, Flourish Academy excludes all liability for indirect, incidental, consequential or special damages arising from participation in the Affiliate Program.

Where liability cannot legally be excluded, Flourish Academy's total liability will be limited to the total commission paid to the Affiliate during the six (6) months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes any rights that cannot lawfully be excluded under the Australian Consumer Law.

The Affiliate agrees to indemnify and hold harmless Flourish Academy, its directors, officers, employees, contractors and representatives against any loss, damage, liability, claim, expense or legal costs arising from:

• breach of these Terms;
• negligent conduct;
• unlawful conduct;
• misleading advertising;
• infringement of intellectual property;
• misuse of Flourish Academy branding;
• any claim arising from the Affiliate's marketing activities.

Flourish Academy may immediately suspend an Affiliate where we reasonably believe the Affiliate has:

• breached these Terms;
• engaged in fraudulent activity;
• damaged our reputation;
• engaged in misleading marketing;
• violated applicable laws;
• failed to provide requested information.

During suspension, commission payments may be withheld pending investigation.

Either party may terminate participation in the Program at any time by providing written notice.

Flourish Academy may terminate an Affiliate immediately where the Affiliate:

• materially breaches these Terms;
• commits fraud;
• engages in unethical conduct;
• damages the Flourish Academy brand;
• repeatedly breaches marketing requirements.

Upon termination:

• all Affiliate Links must be removed;
• use of Flourish Academy branding must cease;
• access to the Affiliate Dashboard will end;
• unpaid commissions relating to fraudulent or invalid sales will be forfeited.

Eligible commissions earned before termination will generally be paid in the normal payment cycle, provided all Terms have been complied with.

Flourish Academy may update:

• these Terms;
• commission rates;
• Eligible Products;
• payment thresholds;
• promotional guidelines;
• Affiliate resources.

Where changes materially affect Affiliates, reasonable notice will be provided by email or through the Affiliate Dashboard.

Continued participation after the effective date of any changes constitutes acceptance of the updated Terms.

Flourish Academy will not be liable for any delay or failure to perform its obligations where such delay or failure results from events beyond our reasonable control, including but not limited to:

• natural disasters;
• internet outages;
• cyber attacks;
• government actions;
• industrial disputes;
• pandemics;
• acts of terrorism; or
• failures of third-party service providers

These Terms constitute the entire agreement between Flourish Academy and the Affiliate regarding participation in the Affiliate Program and supersede all previous discussions, agreements or understandings relating to the Program.

Affiliates may not transfer, assign or subcontract their rights or obligations under these Terms without the prior written consent of Flourish Academy.

Flourish Academy may assign or transfer its rights and obligations as part of a business restructure, sale or merger.

These Terms are governed by the laws of the State of Queensland, Australia.

The parties submit to the exclusive jurisdiction of the courts of Queensland in relation to any dispute arising from these Terms.

Questions regarding the Affiliate Program may be directed to:

Flourish Academy
Website: https://www.flourishacademy.com.au
Email: info@flourishacademy.com.au