Terms of service

The following Terms of Service govern the relationship between You (a Cause) and Rewardhub. Rewardhub is operated by Linkshop Limited, a privately owned New Zealand company. By agreeing to this contract, or by using the Rewardhub platform, You are accepting these Terms of Service.

Background

Rewardhub is a fundraising platform that is free for Causes and Shoppers. This is made possible by affiliate marketing programs run by Advertisers who agree to pay websites for referring them visitors, when those visitors (Shoppers) shop online or sign up to offers. Rewardhub has relationships with Advertisers on the platform both directly and via affiliate networks (including Linkshop). Advertisers pay Rewardhub when shoppers click from Rewardhub and shop or sign up. Rewardhub then pays the majority of this Reward to the Cause (e.g. School, Charity, Club) that the Shopper chooses to support.

Causes are paid 100% of the Reward rates listed on Rewardhub. Rewardhub sets these rates after setting aside their margin to fund the cost of operating the business. Rewardhub expenses include building and operating the Platform, signing up Advertisers, signing up and assisting Causes, marketing to Shoppers, tracking, attribution, payments, legal and other usual business expenses. This enables Rewardhub to ensure that the platform is free to use for Causes and Shoppers while also creating innovative new ways for good causes to raise money with the help of businesses rather than relying only on their supporters.

Definitions

Advertiser (or Merchant) An individual or business listed on Rewardhub for the purpose of having their brand, products and/or services promoted to New Zealand Shoppers

Cause An individual or organisation who is signed up to Rewardhub as a Cause for the purpose of raising funds via Rewards paid by Rewardhub. Also referred to in this contract as You or Your

Cause Admin Is the individual who is registering and administering a Cause on Rewardhub

Cause Page (or Rewardhub Page) a page assigned to a unique Cause on Rewardhub with tracked links that attribute any Rewards generated on that page, back to that unique cause

Linkshop (or Linkshop platform, or Linkshop network) The Affiliate Network and Platform operated by Linkshop Limited which enables Advertisers and Affiliates to agree and track affiliate marketing Offers.

Reward per Sale is the commission rate that Rewardhub pays the Cause as a percentage of Verified Transaction Revenue

Reward per Action is the New Zealand Dollar amount that Rewardhub pays the Cause for each Verified Action

Rewardhub Is the platform owned and operated by Linkshop Limited that provides the fundraising platform and service herein. Also referred to in this contract as Us, We or Our

Reward Is an offer made by Rewardhub, which includes Reward per Sale (commission rate) or Reward per action (fixed rate per order or sign up), to pay Causes for delivering Verified Transactions or Actions

Verified Transaction or Action occurs when the Rewardhub Page or other promotional online channel, assigned and tracked to a Cause, sends a visitor to an Advertiser website, and that visitor Completes a Transaction (e.g. purchases a product) or performs an agreed Action (e.g. signs up to an offer) during that visit, or within the agreed tracking time-frame.

1. Joining Rewardhub

1. It is free to join Rewardhub as a Cause and create your Rewardhub Page
2. This agreement comes into effect when you receive an email to notify you that your application to become join the network is approved
3. Rewardhub may reject your application, or seek further information before approving it
4. To join Rewardhub as a Cause you must read these terms of service, tick the box “I agree to the Terms of Service” before you apply
5. The Cause Admin must accurately disclose their own name, the name and details of their cause, and be able to provide verification they are authorised to act its behalf

2. Rewardhub responsibilities

1. For Causes approved to join Rewardhub, Rewardhub shall grant access to its advertiser offers within the platform, provide promotional tools and set up pages with tracked links
2. Rewardhub will provide support to Cause on how the platform works, promotional material and transparent dashboard and tracking showing revenue earned
3. Rewardhub and its Advertisers have full discretion to approve or decline your ability to participate in offers. Not all offers are open to all Causes.
4. If it occurs that an Advertiser disapproves of a Cause promoting its Offer, Rewardhub will disable offer from that Cause
5. Rewardhub shall notify Causes of any offers and material changes to offers. Advertiser terms and offers will be kept up to date on the Rewardhub Pages by Rewardhub

3. Cause responsibilities

1. Cause must not participate in any promotional activity that is in breach of data privacy laws, unlawfully tracks users, or deploy malicious software and viruses
2. Rewardhub will not review all content on your website, and will not be liable for harm or damages arising from content on, or linked to from, your website or online channels
3. Causes are solely responsible for disclosing to users their Privacy Policy and use of affiliate links within content and promotional touch points where appropriate
4. Causes shall indemnify Rewardhub against any costs (including legal costs), for any claims, losses or damages incurred by Rewardhub arising from your actions
5. Fraudulent or illegal activity by a Cause, or end user (for example a purchase made with a stolen credit card, or false leads) is strictly prohibited. If a Cause engages in such activity payments will be withheld and legal action may be taken to recover funds
6. Causes must adhere to any advertiser brand guidelines provided and use approved promotional assets, display banner creative, voucher codes where relevant

4. Technical requirements

1. Notwithstanding technical constraints Linkshop highly recommends Advertisers opt for most robust feasible tracking method available, these can include means beyond third party cookie tracking, and may include
   - First party tracking solutions where advertiser site stores click ID
   - Server to server solutions that bypass reliance on cookies altogether
2. There are various technical reasons a click may not be tracked, such a browser security issues or the use of ad blockers. In the case of links not effectively being tracked, the Advertiser (and therefore Rewardhub) will be unable to pay commission on transaction
3. Rewardhub is not obligated to provide technical support for third party platforms

5. Payment terms

1. Reward rates, including the amount Rewardhub will pay on any Verified Transactions or Actions are set out on the relevant Rewardhub pages and may include:
   - Reward per sale (commission) as percentage of Verified Transaction value (based on net spend excluding GST and shipping fees).
   - Reward per Action (fixed) payable for Verified Actions, e.g. customer sign up
   - If applicable, any category specific rates, special offers or exemptions
2. The Reward rates paid to Causes can be amended within the platform, and can vary for select Offers or Causes (special rates can be agreed)
3. The Reward rates shown on Rewardhub are the amount paid to the Cause on Verified Transactions and/or Verified Actions. Any other fees have already been deducted
4. For Causes that are GST registered, Rewards include GST, for Causes that are not GST registered the Rewards are exclusive of GST
5. Rewardhub will raise buyer created invoices to Causes to show total Rewards due for payment each quarter.
6. The total Reward per Sale, or Reward per Action is the amount paid by Rewardhub to the relevant approved Causes for causing Verified Transactions and/or Actions
7. If the Advertiser fails to pay the commissions on Verified Transactions and Actions Rewardhub will not pay, or be liable to pay Causes this commission owed
8. If the Advertiser or Network settles in another currency (e.g. AUD) an exchange rate is used to enable all payments to be made in NZD without Rewardhub taking FX risk.
9. If an Advertiser account becomes suspended for non-payment, or any other breach, Rewardhub will not be liable for any losses caused
10. Causes are paid once per quarter, two months following the end of the calendar quarter. The balance due to causes at the end of the quarter must be over $50 for payment to be processed, if not payment will be rolled over the following quarter, or next quarter that ends with the balance over $50. Payment periods are as follows:
    
    - Rewards earned from 1 January to 31 March, paid in the first week of June.
    - Rewards earned from 1 April to 30 June, paid in the first week of September.
    - Rewards earned from 1 Jul to 30 September, paid in the first week of December.
    - Rewards earned from 1 October to 31 December, paid in the first week of March.
    

6. Verified Transactions and Actions

1. A Verified Transaction or Action occurs when an approved Cause’s Rewardhub Page or other promotional channel sends a visitor to an Advertiser website, that visitor has clicked via tracked links that Rewardhub allocated to that Cause, and that visitor:
   - Completes a Transaction (e.g. purchases a product) or performs an agreed Action (e.g. signs up to an offer) during that visit, or
   - Returns to an Advertiser website to complete a Transaction or Action within the agreed tracking timeframe set within Offer parameters, and
   - If referrals in this period came from multiple Approved Publishers, the Cause or Publisher whose promotion was most recently clicked or seen most recently will be deemed the referring Publisher (or Cause) for that Transaction/Action
2. Advertisers may set rules for rejecting Transactions they believe to be fraudulent but may not reject Transactions on any grounds considered unreasonable.
3. Advertisers have real time access to all Transactions in the Conversion dashboard, and can request Rewardhub to reject Transactions on basis of fraudulent activity
4. If the Advertiser makes the decision to reject a Transaction, and you disagree, this dispute becomes a matter between you and the Advertiser
5. If Rewardhub is requested to assist on any such disputes (outlined in 6. D.), support from Rewardhub is provided without prejudice to our rights under the terms of service, and Rewardhub is not liable or responsible for the outcome of such disputes
6. If there are disputes or requests to reject Transactions/Actions these must occur within 30 days of the Transaction/Action taking place in order to be considered
7. Rewardhub may request further Transactions details from Advertiser for the purpose of audit, testing tracking, or investigating high cancellation requests.

7. Offer restrictions

1. Causes must adhere to any offer restrictions set out in the offer Terms and Conditions
2. Causes may contact Rewardhub seeking private offers with Advertisers, however Causes must not set up Affiliate Marketing agreements directly with Advertisers that are on the platform within 12 months of using the platform, unless approved by Rewardhub
3. If Advertiser disapproves of a Cause that Rewardhub has approved, Advertiser can request to have Offer disabled from this Cause within 48 hours
4. Advertisers may also include other specific restrictions on Offers for example putting a cap on the total number of referrals they will accept in a month. In such an event the offer will be removed from the Rewardhub platform

8. Indemnification

1. Rewardhub is not liable for any losses or damages incurred to the Cause that may have resulted from
   - Any action or inaction by You, or content published on or linked to from Your website or online channels
   - The closure of your account, or termination of You from an Advertiser Offer
   - Any technical or other problems occurring on the Rewardhub platform or on third party platforms or websites linked to from Rewardhub
   - Any fraudulent activity that may occur while using the Rewardhub platform, or fees or losses that have occurred while using the Platform
   - Any viruses or malware that may infect your computer or hardware or software resulting from downloading any file from the Rewardhub platform

9. Confidentiality and Non-solicitation

1. Confidential Information is any information disclosed to you, marked Confidential or information disclosed to you that is not publicly available.
2. You must not disclose Confidential Information, or allow Confidential Information to be disclosed to third parties, or use for purposes outside of this agreement
3. During the term of this agreement you may not solicit or cause any Advertiser on Rewardhub to pursue a different provider of the same, or very similar, services or directly provide the same or very similar services to the Advertiser. This does not prohibit you having discussions with Advertisers for other services (e.g. Advertising, other Partnerships) outside of the services offered by Rewardhub and Linkshop
4. You consent that Rewardhub and Linkshop may, for the purposes of promoting our Network, publish your name in our promotional channels, unless you have requested us not to, and that only Private Offer details will be treated as Confidential Information
5. You consent that any information provided by you, such as emails, suggestions, conversations, ideas, concepts and feedback intended to help optimize the results of your Offers on the Rewardhub platform, will not be treated as Confidential
6. Rewardhub may obtain data through the platform for the following purposes:
   - To establish what commissions are payable to You by each individual Advertiser that You generated Verified Transactions and/or Actions for, and/or
   - As a basis for conversion rate estimates for Others to decide to decide whether or not to promote an offer, and/or
   - To improve the relevance and targeting of the advertising offers and proposition to advertisers and causes

10. Goods and Services Tax

1. Payments made to Causes are donations which, for individuals and organisations that have been granted Donee status by the Inland Revenue, are exempt from GST
2. For individuals or organisations that have not been granted donee status by the Inland Revenue, and are not GST registered, payments are donations and GST applies
3. For individuals or organisations that have not been granted donee status by the Inland Revenue, and are GST registered, you must flag this in your Cause Page set up, and the payment is GST exclusive
4. If a supply made under or in connection with this agreement is subject to GST, the recipient must pay the supplier an additional amount on account of the GST.
5. Subject to the receipt of a tax invoice, the recipient must pay the additional amount at the same time and in the same manner as for the supply.
6. If the additional amount differs from the amount of GST payable on the supply by the supplier, the parties must adjust the additional amount accordingly.
7. If a party is entitled to be reimbursed or indemnified under this agreement, the amount to be reimbursed or indemnified will be reduced by the amount of any GST for which that party or its representative member is entitled to as an input tax credit.
8. If GST Act and associated legislation treat part of a supply as a separate supply for the purpose of determining whether GST is payable on that part of the supply or for the purpose of determining the tax period to which that part of the supply is attributable, such part of the supply is to be treated as a separate supply.

11. Notice of amendments

1. Rewardhub may change functionalities of the platform without providing notice
2. Advertisers may make amendments to Offer terms, Rewardhub will update such terms on the platform so they are visible to Shoppers and Causes

12. Interpretation

1. Headings are for convenience only and do not affect interpretation.
2. Mentioning anything after includes, including or similar expressions, does not limit what else might be included
3. The following rules apply unless the context requires otherwise:
   - The singular includes the plural, and the converse also applies
   - If a word or phrase is defined, its other grammatical forms have a corresponding meaning
   - A reference to a person includes a corporation, trust, partnership, unincorporated body or other entity, whether or not it comprises a separate legal entity. Likewise reference to a corporation or entity also includes employees or partners of that corporation or entity
4. Reference to a party to this agreement or another agreement includes the party’s successors, permitted substitutes and permitted assigns (and, where applicable, the party’s legal personal representatives);
5. A word or phrase given a meaning in the Corporations Act has the same meaning in this agreement unless otherwise defined;
6. A word or phrase given a meaning in the GST Act has the same meaning in this agreement unless otherwise defined