Kung Food Institute Affiliate Program Agreement

Note: Accepting and agreeing to this Agreement does not guarantee that you will be accepted to participate in the KFI Affiliate Program. Once you accept the Agreement and complete the application to become an Affiliate, we will review your application and notify you whether you have been accepted to participate in the KFI Affiliate Program, or not. Before we accept your application, we may want to review your application with you, so we may reach out to you for more information.

PLEASE READ THIS KUNG FOOD INSTITUTE AFFILIATE PROGRAM AGREEMENT CAREFULLY.

KUNG FOOD INSTITUTE AFFILIATE PROGRAM AGREEMENT (the “Agreement”)

This is an Agreement between you (the “Affiliate”) and Kung Food Institute (hereinafter referred to as “KFI”). It describes how we will work together and other aspects of our business relationship.

You must agree to this Agreement to participate in our KFI Affiliate Program. This is to protect you and KFI so we can work happily and smoothly together.

We update these terms as required. We will inform you when that happens. You can choose to accept the new terms or choose to terminate this agreement if you do not like the new version.

This Agreement only covers the commercial terms and conditions for the KFI Affiliate Program only. Anything else not covered in this Agreement shall be governed by the Laws of Australia and shall comply with the Applicable Laws of Australia.

Affiliate Acceptance

Once you accept the Agreement and complete the application to become an Affiliate, we will review your application and notify you whether you have been accepted to participate in the KFI Affiliate Program, or not. Before we accept your application, we may want to review your application with you, so we may reach out to you for more information. We will notify you of your application result within 14 days from your application. If you are accepted to participate in the KFI Affiliate Program, then upon notification of acceptance, the terms and conditions of this Agreement shall apply in full force and effect, until terminated, pursuant to the terms set forth below. You will comply with the terms and conditions of this Agreement at all times.

Non-Exclusivity

This Agreement does not create an exclusive agreement between you and KFI. This means that you have the right to become affiliates with other companies. This also means that KFI has the right to have affiliate Agreements with Affiliates other than you. In other words, this is a non-exclusive affiliate relationship that you and KFI are both agreeing to.

Affiliate’s Key Roles

• Help people lose weight: you will share with the people who do not know where or how to start, and encourage them to take charge of their weight again by recommending them to join KFI’s Weight Loss membership programs as suitable.
• Help people create the healthy lifestyle they want: you will help people to live the healthy and happy lifestyle they deserve by recommending them to join KFI’s Healthy Lifestyle membership programs as suitable.
• Create triple wins for us all: for every new successful customer, you get paid if we get paid, and your customer will also get a discount coupon because of your referral.

Kung Food Affiliate Dojo Rules

You agree to follow and comply with all of the Kung Food Affiliate Dojo Rules (the “Rules”) at all times. KFI will update the Rules at as required. We will inform you when the Rules are updated. You will be removed from the program if you break any of the Rules. Refer below for the Rules you must follow:

• No Drama: Do not cause KFI or KF Family any problems.
• No Spam: Do not make insane claims to get people in.
• No Theft: Do not poach customers from other affiliates. Do not use KFI logos, names, contents in unlawful uses or any purposes other than for required KF promotional uses only.
• Confidentiality: Do not disclose content that KFI classify as Confidential information.

Commission and Payment

Give KFI your correct back account details. You get paid if we get paid. “Successful New Members” and “Delayed” approval means you are paid commissions after the refund window of 14 days has passed for the new member. We pay you on the end of the month after refund windows have closed. If one of your referrals creates a chargeback or issue, it will be reflected in your commissions.

You will get a one-time commission per Successful New Member. Your commission calculation example: if a new Paragon member joins and stays on after the first 14 days, then you will be paid a one-time 25% x $379.99 monthly fee, which equals to $94.99 will be paid to you at the end of the month after the refund window has closed. You get paid if we get paid.

Tiered Payment Structure

We pay higher rate of commission to affiliates who are able to refer a greater number of successful new members per month. Basic commission payments begin at 15% per new Bronze Member, 20% for Jade, 25% for Paragon, and earn an extra 5% on top per acquisition for affiliates who refer 50 or more Successful New Members per month. There are no minimum sales required to earn commission.

Basic tiered payment commission calculation examples as below:

• If new member joins the Paragon membership and stays on after the first 14 days, then you will be paid a one-time 25% x $379.99 monthly fee, which equals to $94.99 will be paid to you at the end of the month after the refund window has closed.
• If new member joins the Jade membership and stays on after the first 14 days, then you will be paid a one-time 20% x $239.99 monthly fee, which equals to $47.99 will be paid to you at the end of the month after the refund window has closed.
• If new member joins the Bronze membership and stays on after the first 14 days, then you will be paid a one-time 15% x $79.99 monthly fee, which equals to $11.99 will be paid to you at the end of the month after the refund window has closed.

50 or more Successful New Members tiered payment commission calculation examples as below:

• If you refer 50 or more Successful New Members in a particular month, then your tiered commission after the extra 5% will become 20% per new Bronze Member, 25% for Jade, 30% for Paragon, and this will be applied to all of your Successful New Members in that particular month.
• For example, if you have referred a total of 70 Successful New Members during the period of 1^st – 30^th November 2020, then your tiered payment commission will become as follows:
  • 40 new Successful New Paragon Members: 40 x (30% x $379.99) = $4,559.88
  • 20 new Successful New Jade Members = 20 x (25% x $239.99) = $1,199.95
  • 10 new Successful New Bronze Members = 10 x (20% $79.99) = $159.98
  • The Total commission payable to you at the end of the month after the refund window has closed, that is on 31^st December 2020, will be $5,919.81.

Training and Support

You will get a 10 Day free access to KFI so you can check it out personally to help create your promotional content. We will also be providing you with the essential promotion content package. We may make available to you, without charge, various webinars and other resources made available as part of our KFI Affiliate Program. If we make such resources available to you, you will encourage you to participate in the training(s). We may change or discontinue any or all parts of the KFI Affiliate Program benefits or offerings at any time without notice.

Term

This Agreement will apply for as long as you participate in the Affiliate Program, until terminated.

Termination Without Cause

Both you and KFI may terminate this Agreement on five (5) days written notice to the other party with no reason. In the event of termination without cause by you or KFI, you will still receive the remaining eligible commission payment due at the end next month.

Termination for Agreement Changes

If we update or replace the terms of this Agreement, you may terminate this Agreement on five (5) days written notice to KFI, provided that you send KFI the written notice within ten (10)days after we send you notice of the change. In the event of termination for Agreement changes by you, you will still receive the remaining eligible commission payment due at the end next month.

Termination for Cause

KFI may terminate this Agreement with you immediately if KFI determine that you have breached this Agreement term(s), are acting, or have acted, in a way that has or may negatively reflect on or affect KFI, our prospects, or our customers. In the event of termination for cause by KFI, KFI’s obligation to pay and your right to receive any Commission will terminate upon the date of such termination, regardless of whether you would have otherwise been eligible to receive Commission prior to the date of termination.

After Termination

Upon termination, you will immediately discontinue all use of our KFI copywrite, logo, trademark, and references to this KFI Affiliate Program from all your content, website(s) and other collateral. For the avoidance of doubt, termination or expiration of this Agreement shall not cause a KFI Member’s membership program agreement to be terminated.

Exclusion of Kung Food Love Referral Discounts

You understand and accept that the Kung Food Love Referral Discount offer is not applicable to KFI Affiliate Program participants. KFI Affiliates are excluded from the Kung Food Love Referral Discount offers. The Kung Food Love Referral Discount offer is only available to KFI members who is not an KFI Affiliate.

Compliance with Applicable Laws

This Agreement only covers the commercial terms and conditions for the KFI Affiliate Program only. Anything else not covered in this Agreement shall be governed by the Laws of Australia and shall comply with the Applicable Laws of Australia.

Definitions:

• “KFI Affiliate Program” means our sales affiliate program as described in this Agreement.
• “Commission” means a percentage amount for each Successful New Member.
• “Successful New Member” means a new member who joins KFI and continues on with KFI after their refund window of 14 days has passed. You get paid if we get paid.
• “Delayed” approval means you are paid commissions after the refund window of 14 days has passed for the new member. We pay you on the end of the month after refund windows have closed.
• “Confidential information” means all confidential information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”).