USER AND AFFILIATE TERMS – UNAPOLOGETICALLY EMPOWERED
Last Modified: 19 September 2025
RECITALS.
A. Dusty Rose Society (ABN 74 775 049 219) (hereinafter “we” or “us”) administer the Unapologetically Empowered Affiliate Program (“Program”).
B. You (hereinafter “you”) agree to access and use the Program on the terms of this agreement.
C. You (hereinafter an “Affiliate”) may also actively promote enlist new participants in the Program as our affiliate (“Services”).
1. PARTIES. In consideration of the licences granted to you in the Program and the value you will gain by participating, you hereby agree to these affiliate terms (“Terms”). These Terms are entered into between you and us. You and us are collectively referred to herein as the “Parties”.
2. ACCEPTANCE OF TERMS. The following Terms govern your provision of the Services. These Terms are legally binding and it is your responsibility to read them before you begin to provide the Services. Your act of selling the Product and participating in the Services constitutes your acceptance of these Terms, including any modifications or updates that we may make to these Terms from time to time. Any such modifications or updates will be effective immediately upon notice to you, which may be given by any reasonable means including via email or through an update posted on a website provided by us. If you do not agree with these terms, you must not provide the Services.
3. TERM AND TERMINATION. These Terms shall be effective on the date of your registration for provision of the Services and shall continue in full force until terminated as provided herein. Your participation in the Services may be terminated by either Party at any time with or without cause, including but not limited to if we decide to cease business operations or discontinue the sale of the Product and/or the Program. You may only earn payouts if you are in good standing during the term. If you terminate your participation in the Services, you will only qualify to receive payouts earned prior to the date of termination. If you fail to follow these Terms or any other legal terms we have posted anywhere on our website or websites, you forfeit all rights, including the right to any unclaimed payout. We specifically reserve the right to terminate your participation in the Services if you violate any of these Terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material.
4. AFFILIATE PROGRAM. You must ensure registration is set up thoroughly and in compliance with all our requests, including providing specific payout information (such as a bank or online account which we may use to post payment). We will provide you with a unique affiliate payment link which corresponds to the Product (the "Affiliate Link"). The Affiliate Link will be keyed to your identity to track all purchases made through the Affiliate Link. We reserve the right to modify the Affiliate Link and will notify you if the Affiliate Link is modified.
5. PAYOUT INFORMATION. Payments to which you are entitled will be paid by a third-party payment platform (the “Payor”). Payout will only be available when we and the Payor have your current payment information. We reserve the right to change the pricing for the Product in our complete discretion. Please review our latest pricing at https://www.dustyrosesociety.com/. While our pricing may change, your commission percentage will remain the same, unless otherwise agreed in writing. You will be entitled to receive a total of 70% of all sales of the Product purchased through your unique Affiliate Link from the Payor and we will retain the remaining 30%. If you dispute a payout, you must notify us within thirty days of your receipt of the payout following which the payout is deemed to be accepted by you. We will review each compliant dispute notification as well as the underlying payout transaction to which it is related. We are not liable or responsible for any failure of the Payor to comply with its obligations under these Terms, including but not limited to any loss or claims associated with failure of the Payor’s sites or platforms or bankruptcy of the Payor.
6. OUTSTANDING PAYMENTS. Where a participant has purchased the Program via payment instalments through your Affiliate Link and defaults on any payment, you must use your best endeavours to obtain any outstanding fees. We and the Payor will assist in communicating payment reminders to that participant. If the participant fails to make the outstanding payment after receiving such payment reminders from us, we will revoke that participant’s access to the Program and you will not receive any further payouts in respect of that participant’s purchase.
7. PROMOTIONS. You are not permitted to promote or advertise any discounts, sales, or special offers (including bundle deals) related to the Product unless expressly approved and first announced by us. We will notify you in advance of any approved promotions. Once the promotion is officially announced by us, you may advertise and extend the same offer in compliance with our guidelines. Unauthorised promotions may result in termination of the Affiliate relationship. Whilst we will use our best endeavours to notify you of any promotions contained within the Product, you acknowledge and agree that the product is provided on an “as is” and “as available” basis. Under no circumstances will we be liable to you for any content (including promotional content) contained within the Product.
8. INTELLECTUAL PROPERTY. All intellectual property rights in the Product (including but not limited to copyright, trademarks, trade secrets, patents, and business names) ("Company IP") are owned by or licensed to us. Subject to the limitations listed below, we hereby grant you a non-exclusive, non-transferable, revocable licence to access our websites in conjunction with the Program and to the extent you are an Affiliate, to use the Company IP solely and exclusively in conjunction with identifying us and our brand on your website and/or social media accounts to send customers to our website(s) and the Affiliate Link. You must not modify the Company IP in any way without our prior written consent. We may revoke this license at any time at our complete discretion, including if we find that you are using the Company IP in any manner not contemplated by these Terms. Other than as provided herein, you are not permitted to use any of the Company IP or any similar variation of the Company IP without our express prior written permission. This includes a restriction on using the Company IP in any domain or website name, in any keywords or advertising, in any metatags or code, or in any way that is likely to cause consumer confusion or encroach on our rights in the Company IP.
9. RELATIONSHIP OF THE PARTIES. Nothing contained herein shall be construed to form any partnership, joint venture, agency, franchise, or employment relationship. You are an independent contractor of us and will remain so at all times.
10. NON-EXCLUSIVITY. These Terms do not create an exclusive relationship between us and you. You are free to work with similar affiliate program providers in any category. These Terms impose no restrictions on us working with any individual or company in any category that we may choose.
11. NON-DISPARAGEMENT. The Parties agree that they shall not disparage, criticize, or defame the other Party, its affiliates and their respective affiliates, directors, agents, partners, stockholders or employees. Nothing in this section applies to any evidence or testimony required by any court, arbitrator or government agency.
12. MATERIAL DISCLOSURES AND COMPLIANCE WITH DISCLOSURE GUIDELINES. When publishing posts/stories about our Product or services, you must clearly disclose a “material connection” with us, including the fact that you are making a commission as part of the Program. The disclosure should be clear and prominent and made in close proximity to any statements that you make about us or our Product or services. You must ensure that it complies with all applicable local disclosure guidelines and laws. You shall bear all responsibility and liability for any costs, claims or loss associated with your failure to comply with such disclosure guidelines and laws.
13. MODEL RELEASE. You grant us, our successors, and designees, without payment or further obligation, an irrevocable, royalty-free, worldwide and sublicensable licence to use all videos and photographs taken by or provided to us or our agents, of which any part contain any or part of your image and/or likeness. You hereby release us, our affiliates and related entities, current and former employees, officers, directors, shareholders, partners, members, managers, agents, attorneys, successors and assigns from any claims, actions, damages, demands, causes of actions, debts, liabilities, controversies, judgments and suits of every kind and nature whatsoever, foreseen, unforeseen, known or unknown, that arise out of or relate to the use of the videos and photographs which contain any or part of your image and/or likeness.
14. MARKETING RESTRICTIONS. Any marketing or promotional activities conducted by you must accurately reflect the Product's purpose and capabilities. Marketing of the Product under false pretences, misrepresentation, or any form of deceptive practice is strictly prohibited and constitutes a material breach of these Terms. You shall bear all responsibility and liability for any false, misleading, or inaccurate representations made in relation to the Product. We do not endorse or permit the use of income claims for the purpose of marketing the Product unless there is an express and written earnings disclaimer prominently featured with such marketing materials. You agree to indemnify us from any damages sought against us that are a direct result from advertising income claims. You agree that you are responsible for your own business and that we are not a part of nor endorse the actions of your business entity.
15. AGREEMENT MODIFICATION. You acknowledge and agree that these Terms constitute the complete and exclusive statement of the agreement between the you and us, and that it supersedes all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject matter of these Terms. We may update these terms from time to time in our absolute discretion. You are not permitted to modify or amend these Terms in any manner without our express written consent. Any such unauthorized modification or amendment will be null and void. You acknowledge and agree that it is your sole responsibility to review these Terms periodically to familiarise yourself with any modifications. Continued use of the Product after any such modifications constitutes your agreement to such changes
16. REFUND POLICY. You acknowledge and agree that due to the nature of the Product, all sales of the Product are final and non-refundable. You must clearly communicate this return policy to your customers prior to the sale of the Product, ensuring that customers understand that they are purchasing a non-refundable product. Failure to comply with this return policy or any misrepresentation of it to customers may result in immediate termination of these Terms, at our sole discretion, in addition to any other remedies available to us under law or equity.
17. CONFIDENTIAL INFORMATION. You acknowledge that you may have access to our confidential and proprietary information ("Confidential Information"). Confidential Information includes but is not limited to customer lists, business plans, financial data, marketing plans, product specifications, and other proprietary knowledge related to the Product or us. You agree that you will not disclose, disseminate, or make available any Confidential Information received from us, directly or indirectly, to any third party without our prior written consent. You further agree to take all reasonable precautions to prevent any unauthorised use, disclosure, dissemination, or publication of Confidential Information, including ensuring that any employees, contractors, or other agents who have access to Confidential Information sign a non-disclosure agreement.
18. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless us and our officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, "Indemnified Party"), against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, fees and the costs of enforcing any right to indemnification under these Terms, and the cost of pursuing any insurance providers, arising out of or resulting from any claim of a third party related but not limited to: (a) any breach or non-fulfillment of any representation, warranty, or covenant contained in these Terms, or any other agreement contemplated hereby, by you; (b) any use or misuse of the Product by you or any third party gaining access to the Product through you; or (c) any infringement of intellectual property rights arising from your unauthorised use or modification of the Product.
19. LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall we, our affiliates, directors, employees or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, the Product. Under no circumstances will we be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of the Product or the information contained therein beyond the purchase price of the Product. To the maximum extent permitted by applicable law, we assume no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Product; (c) unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (d) interruption or cessation of transmission to or from the Product; (e) bugs, viruses, trojan horses, or the like that may be transmitted to or through the Product by any third party; (f) errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Product; and/or (g) user content or the defamatory, offensive, or illegal conduct of any third party.
20. FORCE MAJEURE. If either Party hereto is unable to perform any of its obligations, with the exception of payment, by reason of fire or other casualty, strike, act or order of public authority, global pandemic, administrative order by governmental authority, act of God, or other cause beyond the control of such Party (hereinafter, a “Force Majeure Event”), then such Party shall be excused from such performance during the pendency of such cause. The Party suffering a Force Majeure Event shall give written notice within five (5) days of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue and shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimised.
21. PRIVACY. You agree that all information provided to us to register for and participate in the Services including, but not limited to, through the use of any interactive features on our website, is governed by our Privacy Policy, and you consent to all actions taken by us with respect to your information consistent with our Privacy Policy. You shall bear responsibility and liability for compliance with our Privacy Policy and any privacy laws applicable to you. You agree to procure the consent of any third party user or customer for any collection, use, disclosure or transfer of their personal information under relevant local laws.
22. CONSENT. You consent to us using your personal information in accordance with applicable privacy laws, including any cross-border transfers of your personal information by us, and you will procure the consent of any clients or customers of the Product necessary for us to continue to provide the Product.
23. EARNINGS DISCLAIMER. While we or affiliates may reference certain results, outcomes or situations in connection with the Product and the Services, you understand and acknowledge that we make no guarantee as to the accuracy of third-party statements made or the likelihood of success as a result of these statements. You understand that individual results and outcomes will vary. We cannot guarantee your success merely by your use and sale of the Product or by your participation in the Services. Any results provided in connection with the Product and/or Services are not guaranteed or typical.
24. TECHNOLOGY DISCLAIMER. We make reasonable efforts to provide you with modern, reliable technology. However, in the event of a technological failure, you accept and acknowledge our lack of responsibility for said failure. We cannot guarantee that all information provided in connection with the Product and Services is completely accurate, complete or up to date, and disclaims liability for any such errors or omissions.
25. WARRANTIES AND REPRESENTATIONS. Parties represent and warrant to each other that each is free to enter into and agree to these Terms and that this engagement does not violate the terms of any agreement between either Party and any third party. The Parties represent and warrant to each other that each is at least 18 years of age at the time of agreement to these Terms.
26. ASSUMPTION OF RISK. By using and selling the Product and participating in the Services, whether paid or unpaid, you assume the risk of such access and any subsequent actions that you choose to take as a result of the informational or educational materials provided to you.
27. WAIVER. The failure by us to enforce any provision of these Terms will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.
28. LIMITATION ON TIME TO FILE CLAIMS. Any cause of action or claim you may have arising out of or relating to these Terms or the Product must be commenced within one (1) year after the cause of action accrues; otherwise such cause of action or claim is permanently barred.
29. ASSIGNMENT. We may assign or novate these Terms to another party on notice to you. You may not assign, novate or otherwise transfer your rights under these Terms to any other party unless we consent to such transfer in writing and we may withhold such consent at our sole discretion.
30. SEVERABILITY. If any portion of these Terms is held to be invalid or unenforceable, the remaining portions of these Terms will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from these Terms, but the rest will remain in full force and effect.
31. NOTICES. All notices, claims, and demands made upon us under these Terms must be in writing and addressed to us at the email address set forth below. A notice by a Party is effective only if the Party giving the Notice has complied with the requirements of this Section.
Notice to us: The Dusty Rose Society
Attention: Rania Jourdan
32. GOVERNING LAW AND JURISDICTION. These Terms shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia without giving effect to any choice or conflict of law provision or rule. The parties submit to the exclusive jurisdiction of the courts exercising jurisdiction in the state of New South Wales (other than in respect of choice of laws).
33. MEDIATION. In the event a dispute shall arise between the Parties that is related to or arises out of these Terms, the Parties agree to first attempt to resolve the dispute through mediation. The mediation will take place in Sydney, NSW or remotely via Zoom. The Parties agree to cooperate with one another in selecting a mediation service, and shall cooperate with the mediation service and with one another in selecting a neutral mediator and in scheduling the mediation proceedings. For a mediation, the parties will agree to use commercially reasonable efforts to begin the mediation within 15 business days of the selection of the mediator and to conclude the mediation with 30 days of the start of the mediation. The costs of the mediation will be equally split between the Parties. If the Parties fail to agree at the completion of the mediation, the requesting Party may commence legal proceedings to resolve the dispute.
