The Performance Network Publisher Terms & Conditions

You must agree to the following:

The Performance Network will

• Make all payments in AUD
• Make payment by cheque or bank transfer
• Make payment once the payment threshold has been reached
• Make payment on the 7th of the month following advertiser payment. For example ads run in January would be paid for by the advertiser by the 20th of February and paid to the publisher by the 7th of March.

• The following fees will be deducted from your payout/commission.
  • 10% to cover ad serving costs (excess usage fees will be charged to the advertiser)
  • 10% to cover network administration
  • At least 10% commission to the network (not payable for private campaigns loaded by the publisher)
  • Additional commission applies if the ad campaign is placed by an agency
  • Support, training and consulting not directly related to deploying standard campaigns will be billed at $165 per hour. You will be notified if a request is likely to attract a charge

• May disclose your partnership with The Performance Network unless requested not to

All web sites, newsletters, companies, or individuals need official approval from The Performance Network http://www.performance-network.com.au before they can become an Affiliate/Publisher/Partner. Only web sites and newsletters that have been reviewed and approved are permitted to use the programs. The Performance Network reserves the right to withhold or refuse approval on any web site, newsletter, company, or individual for any reason, whatsoever.

In order to be eligible for "Leads Program" Affiliate/Publisher/Partner approval, all web sites and newsletters must meet the following criteria:

• Be content-based, not simply a list of links or advertisements, nor can the site be centred around making money off our Advertisers
• Be written in English and contain only English language content
• Receive a minimum of 20,000 unique page views per month
• Have a top-level name
• Cannot offer incentives to users to click on ads; incentives include but are not limited to awarding them cash, points, prizes, contest entries, etc.
• Be fully functional at all levels; no "under construction" sites or sections
• Spawning process pop-ups and exit pop-ups are prohibited for click approved affiliates
• The content of the web site and/or newsletter cannot contain any adult content nor link from, or to, any adult materials including but not limited to:
  • Explicit, vulgar or obscene language
  • Posting or referencing of sexually explicit images or other offensive content
  • Promotion of adult services, such as phone sex or escort services
  • The content of the web site and/or newsletter cannot infringe on any personal, intellectual property or copyrights including but not limited to:
  • Racial, ethnic, political, hate-mongering or otherwise objectionable content
  • Investment, money-making opportunities or advice not permitted under law
  • Gratuitous violence or profanity
  • Material that defames, abuses, or threatens physical harm to others or to you
  • Promotion of illegal substances or activities such as illegal online gambling, how to build a bomb, counterfeiting money, etc.
  • Software Pirating (e.g., Warez, Hotline)
  • Hacking or Phreaking.
  • Any illegal activity whatsoever
  • Any questionable or controversial subject matter
  • Any spoofing, redirecting, or trafficking from adult-related web sites in an effort to gain traffic
• You cannot place our advertisements into your framed environment, unless approved by The Performance Network in writing.
• Your web site and/or newsletter cannot be 'point, lottery, or rewards' based encouraging users to click on our Advertisers' banners or use our Advertisers to generate revenue for users to win points, get rewards, or other incentives unless expressly approved in writing from The Performance Network

In order to be approved as a "Click Program" Affiliate/Publisher/Partner, all web sites and newsletters must meet the following criteria:

• Be approved as a "Leads Program" Affiliate/Publisher/Partner
• Be content-based, not simply a list of links or advertisements, nor can the site be centered around making money off of our Advertisers
• Cannot offer incentives to users to click on ads; incentives include but are not limited to awarding them cash, points, prizes, contest entries, etc.
• Spawning process pop-ups and exit pop-ups are prohibited

The Performance Network reserves the right to request low performing ads to be removed from Affiliate/Publisher/Partner's sites.

If you fraudulently add leads or clicks or inflate leads or clicks by fraudulent traffic generation (as determined solely by The Performance Network, such as pre-population of forms or mechanisms not approved by The Performance Network), you will forfeit your entire commission for all programs and your account will be terminated. The Performance Network reserves sole judgement in determining fraud, and you agree to this clause.

It is the OBLIGATION of the Affiliate/Publisher/Partner to prove to The Performance Network that they are NOT committing fraud. The Performance Network will hold your payment in 'Pending Status' until you have satisfactorily provided evidence that you are not defrauding the system. We flag accounts that:

• Have click-through rates that are much higher than industry averages and where solid justification is not evident
• Have ONLY click programs generating clicks with no indication by site traffic that it can sustain the clicks reported
• Have shown fraudulent leads as determined by our clients
• Use fake redirects, automated software, cookie stuffing and/or fraud to generate clicks or leads from our programs

Filling out the application form constitutes an agreement between The Performance Network and the Affiliate/Publisher/Partner. The commission payment that is generated to the Affiliate/Publisher/Partner varies per registered subscriber to the programs offered and/or per clicks. This commission payment is made approximately 37 days after the end of the month and after receiving payment from the Advertiser. Delinquent Advertiser payments received by The Performance Network will be credited to the Affiliate/Publisher/Partner in the month that they are received. The Performance Network does not guarantee payment to the Affiliate/Publisher/Partner if the Advertiser does not pay The Performance Network

Commission payment totals must exceed $100 or other higher defined payment threshold, otherwise this payment will not be made until the $100 or higher agreed payment threshold minimum is reached. International Affiliate/Publisher/Partner (outside of Australia) agree to a minimum $3,000 to be reached.

Affiliate/Publisher/Partner agrees not to carry objectionable materials on their web site which would revoke their affiliation as determined by The Performance Network Affiliate/Publisher/Partner, will only run approved banners and text in their advertising of our programs and will NOT create their own banners or advertising text, unless expressly approved in writing from The Performance Network. Violation of this forfeits your commissions. Affiliate/Publisher/Partner WILL NOT spam or send unsolicited email mentioning or promoting the Advertisers' programmes. Affiliate/Publisher/Partner promoting through email is in compliance with the Unsolicited Electronic Messages Act 2007. Affiliate/Publisher/Partner will only send solicited email communications which truthfully identify the source or the originating Affiliate/Publisher/Partner company. Any violation of this will result in the Affiliate/Publisher/Partner being liable for damages of $20 per email sent and other damages as deemed by a court of law.

Editing of an Advertiser's program images or copy is strictly prohibited. Affiliate/Publisher/Partner will only use approved banners and text to link to an Advertiser's sign-up pages. Affiliate/Publisher/Partner will not mislead people to make it seem that they are signing up for an offer that is offered by the Affiliate/Publisher/Partner site. Affiliate/Publisher/Partner can ONLY use banners and approved text, any other use of link and sign-up processes will result in the loss of all sign ups/leads accrued for the Affiliate/Publisher/Partner.

The Performance Network reserves the right to terminate any Affiliate's/Publisher's/Partner's contract for any reason whatsoever. Termination notice will be provided via e-mail and will be effective immediately. All legitimate moneys due to Affiliate/Publisher/Partner will be paid during the next billing cycle. If Affiliate/Publisher/Partner defrauds the system, then payment is revoked as determined solely by The Performance Network

You guarantee that all content, products, and services on your web site are legal to distribute and that you own or have the legal right to use any and all copyrighted material.

Affiliate/Publisher/Partner irrevocably covenants, promises and agrees to indemnify The Performance Network and to hold The Performance Network harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, arising from any and all claims and lawsuits for copyright, slander, libel, and trademark violation as well as all other claims resulting from member's web pages.

If any Affiliate/Publisher/Partner violates or refuses to take part in their responsibilities, or commits fraudulent activity against us, The Performance Network reserves the right to withhold payment and take appropriate legal action to cover its damages and costs.

The Performance Network reserves the right to change any conditions of this contract at any time. Change notices are sent to Affiliate/Publisher/Partner by email, and Affiliate/Publisher/Partner are responsible for complying with any changes to the contract within 10 calendar days from the date of change. Failure of the Affiliate/Publisher/Partner to terminate the agreement within those 10 calendar days will constitute acceptance of the changes to this contract.

The Performance Network gives no warranty, express or implied, for any and all services and products provided, including, but not limited to, warranty of merchantability and warranty of fitness for a particular purpose. This statement expressly includes any reimbursement for losses of income due to disruption of service by The Performance Network or its upstream providers.

You agree to settle any dispute under this agreement under the laws of Sydney, New South Wales, Australia. Any litigation arising under this Agreement will be brought in the Auckland courts.

Any legal action taken by an advertiser, agency, client, person, or entity against The Performance Network for actions of you (the affiliate) that violate these terms and conditions, you accept that The Performance Network will work with the advertiser, agency, client, person, or entity to divulge your personal information. You also agree that The Performance Network is not liable for your actions, and you will bear all costs (legal or otherwise) that The Performance Network incurs if The Performance Network is sued by advertiser, client, agency, person, or entity.

If any provision of this agreement shall be held or made invalid or unenforceable by a court decision, statute, rule or otherwise, the remaining provisions of this agreement shall not be affected thereby.

You must be 18 years or older to sign up as a Affiliate/Publisher/Partner on The Performance Network.

"The Performance Network" is a trading name of First Rate Ltd.