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Last Modified: June 10, 2022
PLEASE READ THIS MARKETING AFFILIATE PROGRAM AGREEMENT CAREFULLY.
This is a contract between you (the “Affiliate”) and us (“Bricktastics”). It describes how we will work together and other aspects of our business relationship.
The Marketing Affiliate Program Agreement applies to your participation in our Marketing Affiliate Program (the “Affiliate Program”). These terms are so important that we cannot have you participate in our Affiliate Program unless you agree to them.
We periodically update these terms. We might also choose to replace these terms in their entirety if, for example, the Affiliate Program changes, ends, or becomes part of an existing program, including our partner programs. If we update or replace the terms we or the Affiliate Tool will let you know via electronic means, which may include an in-app notification or by email. If you don’t agree to the update or replacement, you can choose to terminate as we describe below.
This Agreement does not create an exclusive agreement between you and us. Both you and we will have the right to recommend similar products and services of third parties and to work with other parties in connection with the design, sale, installation, implementation and use of similar services and products of third parties.
Once you complete an application to become an Affiliate, we will review your application and notify you whether you have been accepted to participate in the Affiliate Program, or not. Before we accept an application, we may want to review your application with you, so we may reach out to you for more information. We may require that you complete certain requirements or certification(s) before we accept your application. If we do not notify you that you are accepted to participate in the Affiliate Program within thirty (30) days from your application, your application is considered to be rejected.
If you are accepted to participate in the 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. Further, you will need to complete any enrollment criteria set out in the Program Policies Page, if applicable. Failure to complete any enrollment criteria within thirty (30) days of your acceptance will result in the immediate termination of this Agreement and you will no longer be able to participate in the Affiliate Program.
Your acceptance and participation in this Affiliate Program does not mean that you will be accepted into any of our Bricktastics Partner Programs. In order to participate in these programs, you will need to apply in accordance with the relevant application procedure.
You will comply with the terms and conditions of this Agreement at all times, including any applicable Program Policies.
Training and Support
We may make available to you, without charge, various webinars and other resources made available as part of our Affiliate Program. If we make such resources available to you, you will encourage your sales representatives and/or other relevant personnel to participate in training and/or other certifications as we recommend and may make available to you from time-to-time. We may change or discontinue any or all parts of the Affiliate Program benefits or offerings at any time without notice.
You grant to us a nonexclusive, nontransferable, royalty-free right to use and display your trademarks, service marks and logos (“Affiliate Marks”) in connection with the Affiliate Program and this Agreement.
During the term of this Agreement, in the event that we make our trademark available to you within the Affiliate Tool, you may use our trademark as long as you follow the usage requirements in this section. You must: (i) only use the images of our trademark that we make available to you, without altering them in any way; (ii) only use our trademarks in connection with the Affiliate Program and this Agreement; and (iii) immediately comply if we request that you discontinue use. You must not: (i) use our trademark in a misleading or disparaging way; (ii) use our trademark in a way that implies we endorse, sponsor or approve of your services or products; or (iii) use our trademark in violation of applicable law or in connection with an obscene, indecent, or unlawful topic or material.
As used herein, “Confidential Information” means all confidential information disclosed by a party ("Disclosing Party") to the other party (“Receiving Party”), (i) whether orally or in writing, that is designated as confidential, and (ii) HubSpot customer and prospect information, whether or not otherwise designated as confidential. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party or (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party. The Receiving Party shall: (i) protect the confidentiality of the Confidential Information of the Disclosing Party using the same degree of care that it uses with its own confidential information, but in no event less than reasonable care, (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, (iii) not disclose Confidential Information of the Disclosing Party to any third party, and (iv) limit access to Confidential Information of the Disclosing Party to its employees, contractors and agents. The Receiving Party may disclose Confidential Information of the Disclosing Party if required to do so under any federal, state, or local law, statute, rule or regulation, subpoena or legal process.
Opt Out and Unsubscribing
You will comply promptly with all opt out, unsubscribe, "do not call" and "do not send" requests. For the duration of this Agreement, you will establish and maintain systems and procedures appropriate to effectuate all opt out, unsubscribe, "do not call" and "do not send" requests.
Term and Termination
Affiliate Representations and Warranties
You represent and warrant that: (i) you have all sufficient rights and permissions to participate in the Affiliate Program and to provision Bricktastics with Affiliate Lead’s for our use in sales and marketing efforts or as otherwise set forth in this Agreement, (ii) your participation in this Affiliate Program will not conflict with any of your existing agreements or arrangements; and (iii) you own or have sufficient rights to use and to grant to us our right to use the Affiliate Marks.
You further represent and warrant that: (i) you will ensure that you are compliant with any trade or regulatory requirements that may apply to your participation in the Affiliate Program (for example, by clearly stating you are a Bricktastics Affiliate on any website(s) you own where you make an Affiliate Link available); (ii) you will accurately provide in the Affiliate Tool all websites and domains you own where you intend to use Affiliate Links to generate Affiliate Leads; (iii) you will not purchase ads that direct to your site(s) or through an Affiliate Link that could be considered as competing with Bricktastics own advertising, including, but not limited to, our branded keywords; (iv) you will not participate in cookie stuffing or pop-ups, false or misleading links are strictly prohibited; (v) you will not attempt to mask the referring URL information; (vi) you will not use your own Affiliate Link to purchase Bricktastics products for yourself; and (vii) you will not use any mechanisms to deliver leads other than through an intended consumer. This includes sourcing leads through compilations of personal data such as phonebooks, using fake redirects or other tools or automation devices to generate leads (including but not limited to robots, lframes, or hidden frames), or offering incentives to encourage purchases or signups.
You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us to the extent that such Action is based upon or arises out of (a) your participation in the Affiliate Program, (b) our use of the prospect data you provided us, (c) your noncompliance with or breach of this Agreement, (d) your use of the Affiliate Tool, or (e) our use of the Affiliate Marks. We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.
Disclaimers; Limitations of Liability
Bricktastics – GDPR Data Processing Addendum (Affiliates)
This Data Processing Addendum ("Addendum") sets out the terms that apply as between Bricktastics and Marketing Affiliate when processing EEA personal data in connection with the Marketing Affiliate Program. This Addendum forms part of the Marketing Affiliate Program Agreement. Capitalized terms used in this Addendum shall have the meanings given to them in the Marketing Affiliate Program Agreement (the "Agreement") unless otherwise defined in this Addendum.
Your privacy is important to us.
It is Bricktastics ‘s policy to respect your privacy regarding any
information we may collect from you across our website, http://bricktastics.com/, and other sites we own and operate.
Plastic Pty Ltd (5046 154 4805) is an online store focusing on
providing unique, and hard to find LEGO bricks and creativity packs.
only ask for personal information when we truly need it to provide a
service to you. We collect it by fair and lawful means. We also let you
know why we’re collecting it and how it will be used as set out in the
terms and conditions below.
only retain collected information for as long as necessary to provide
you with your requested service. What data we store, we’ll protect
within commercially acceptable means to prevent loss and theft, as well
as unauthorized access, disclosure, copying, use or modification.
We don’t share any personally identifying information publicly or with third-parties, except when required to by law.
website may link to external sites that are not operated by us. Please
be aware that we have no control over the content and practices of these
sites, and cannot accept responsibility or liability for their
respective privacy policies.
are free to refuse our request for your personal information, with the
understanding that we may be unable to provide you with some of your
continued use of our website will be regarded as acceptance of our
practices around privacy and personal information. If you have any
questions about how we handle user data and personal information, feel
free to contact us.
This policy is effective as of 15th January 2020.
Terms and Conditions
Welcome to Bricktastics !
These terms and conditions outline the rules and regulations for the use of Bricktastics ‘s Website, located at
accessing this website we assume you accept these terms and conditions.
Do not continue to use bricktastics if you do not agree to take all of
the terms and conditions stated on this page. Our Terms and Conditions
were created with the help of the Terms And Conditions Generator.
following terminology applies to these Terms and Conditions, Privacy
Statement and Disclaimer Notice and all Agreements: “Client”, “You” and
“Your” refers to you, the person log on this website and compliant to
the Company’s terms and conditions. “The Company”, “Ourselves”, “We”,
“Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”,
refers to both the Client and ourselves. All terms refer to the offer,
acceptance and consideration of payment necessary to undertake the
process of our assistance to the Client in the most appropriate manner
for the express purpose of meeting the Client’s needs in respect of
provision of the Company’s stated services, in accordance with and
subject to, prevailing law of Australia. Any use
of the above terminology or other words in the singular, plural,
capitalization and/or he/she or they, are taken as interchangeable and
therefore as referring to same.
for each visit. Cookies are used by our website to enable the
functionality of certain areas to make it easier for people visiting our
website. Some of our affiliate/advertising partners may also use
Unless otherwise stated, Bricktastics Plastic Pty Ltd and/or its licensors own the intellectual property rights for all material on www.bricktastics.com/. All intellectual property rights are reserved. You may access this from Bricktastics for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
This Agreement shall begin on the date hereof.
of this website offer an opportunity for users to post and exchange
opinions and information in certain areas of the website. Bricktastics
does not filter, edit, publish or review Comments prior to their
presence on the website. Comments do not reflect the views and opinions
of Bricktastics ,its agents and/or affiliates. Comments reflect the
views and opinions of the person who post their views and opinions. To
the extent permitted by applicable laws, Bricktastics shall not be
liable for the Comments or for any liability, damages or expenses caused
and/or suffered as a result of any use of and/or posting of and/or
appearance of the Comments on this website.
reserves the right to monitor all Comments and to remove any Comments
which can be considered inappropriate, offensive or causes that are in
breach of these Terms and Conditions.
You warrant and represent that:
You hereby grant Bricktastic Plastic Pty Ltd
a non-exclusive license to use, reproduce, edit and authorize others to
use, reproduce and edit any of your Comments in any and all forms,
formats or media.
By Entering your information into this website, creating an
account or making a purchase you consent to us using your personal
information in order for us to truly provide a service to you. You
personal information will be used in but not limited to the following
– To provide you with follow up communication to assist and provide after purchase customer care.
– To request feedback and information about your experiences with us and our products and services.
To inform you of our products and services, including deals, promotions
and news about the Bricktastics. (You can opt out at any time)
are free to refuse our request for your personal information, with the
understanding that we may be unable to provide you with some of your
You can make this request by contacting us through our websites “contact us” page.
The following organizations may link to our Website without prior written approval:
organizations may link to our home page, to publications or to other
Website information so long as the link: (a) is not in any way
deceptive; (b) does not falsely imply sponsorship, endorsement or
approval of the linking party and its products and/or services; and (c)
fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
will approve link requests from these organizations if we decide that:
(a) the link would not make us look unfavorably to ourselves or to our
accredited businesses; (b) the organization does not have any negative
records with us; (c) the benefit to us from the visibility of the
hyperlink compensates the absence of Bricktastics ; and (d) the link is
in the context of general resource information.
organizations may link to our home page so long as the link: (a) is not
in any way deceptive; (b) does not falsely imply sponsorship,
endorsement or approval of the linking party and its products or
services; and (c) fits within the context of the linking party’s site.
you are one of the organizations listed in paragraph 2 above and are
interested in linking to our website, you must inform us by sending an
email to Bricktastic Plastic Pty Ltd.
Please include your name, your organization name, contact information
as well as the URL of your site, a list of any URLs from which you
intend to link to our Website, and a list of the URLs on our site to
which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
No use of Bricktastics ‘s logo or other artwork will be allowed for linking absent a trademark license agreement.
We shall not be held responsible
for any content that appears on your Website. You agree to protect and
defend us against all claims that is rising on your Website. No link(s)
should appear on any Website that may be interpreted as libelous,
obscene or criminal, or which infringes, otherwise violates, or
advocates the infringement or other violation of, any third party
We reserve the right to request
that you remove all links or any particular link to our Website. You
approve to immediately remove all links to our Website upon request. We
also reserve the right to amend these terms and conditions and it’s
linking policy at any time. By continuously linking to our Website, you
agree to be bound to and follow these linking terms and conditions.
If you find any link on our
Website that is offensive for any reason, you are free to contact and
inform us at any moment. We will consider requests to remove links but
we are not obligated to or so or to respond to you directly.
do not ensure that the information on this website is correct, we do
not warrant its completeness or accuracy; nor do we promise to ensure
that the website remains available or that the material on the website
is kept up to date.
To the maximum extent permitted
by applicable law, we exclude all representations, warranties and
conditions relating to our website and the use of this website. Nothing
in this disclaimer will:
limitations and prohibitions of liability set in this Section and
elsewhere in this disclaimer: (a) are subject to the preceding
paragraph; and (b) govern all liabilities arising under the disclaimer,
including liabilities arising in contract, in tort and for breach of
As long as
the website and the information and services on the website are provided
free of charge, we will not be liable for any loss or damage of any