These Terms and Conditions (Terms) are entered into between Thought Farm Pty Ltd (ACN 656 309 616) (we, us or our) and you, together the Parties and each a Party.
1.1 You accept these Terms by confirming that you accept these Terms via the platforms or applications through which we provide these Terms to you, including our Site.
2.1 During the Term, you agree to refer Referrals to us.
2.2 You may access your unique referral code by inputting your Farm ID on the affiliate portal on Sunflower Land (Referral Code).
2.3 You may share your unique Referral Code with other players of Sunflower Land, or anyone who has not purchased a Farm (Referral Process).
2.4 We may reject any Referral who has already purchased a Farm on Sunflower Land. Multi-accounting is prohibited in line with our Code of Conduct.
3.1 If a Referral uses your Referral Code and successfully purchases a Farm on Sunflower Land, we agree to pay you the Referral Fee in respect of that Referral in accordance with the Payment Terms, provided that we receive payment from the Referral for the relevant Farm.
3.2 Subject to the terms of these Terms, promptly following the purchase of a Farm by a third party using your Referral Code, we agree to pay you the Referral Fee into your Digital Wallet.
4.1 You represent, warrant and agree that:
(a) you will make no false or misleading representations with respect to us and Sunflower Land;
(b) you will comply with any relevant laws, including any laws requiring you to disclose any Referral Fee that you may obtain from us, to the Referral or any potential Referral;
(c) except as required by law or as expressly set out in these Terms, you will not give or make any undertakings, guarantees or warranties to any person (including any potential Referrals) with respect to us and our services without our prior written consent;
(d) in marketing Sunflower Land and seeking Referrals, you will act with due care and skill and not engage in any unfair, deceptive or unethical business practice;
(e) you will not do anything that may adversely affect our goodwill, brand or reputation; and
(f) you will comply with any reasonable directions given to you by us from time to time.
5.1 These Terms will commence on the Commencement Date and will continue until we terminate our Affiliate Program (Term).
5.2 Upon expiry or termination of these Terms, we will pay to you that portion of the Price payable to you for any Referrals properly provided by you in accordance with these Terms up until the date of termination.
5.3 Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
5.4 This clause 8 will survive the termination or expiry of these Terms.
6.1 Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
6.2 Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
6.3 Notices: Any notice given under these Terms must be in writing addressed to the relevant address last notified by the recipient to the Parties. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
6.4 Relationship of Parties: These Terms are not intended to create a partnership, agency, joint venture or employment relationship between the Parties.
Affiliate Program means the program where users of Sunflower Land may access a Referral Code to share with other players of Sunflower Land, or anyone who has not purchased a Farm.
Commencement Date means the date these Terms are accepted in accordance with its terms.
Digital Wallet means the digital wallet you connect to Sunflower Land.
Farm means a farm that can be purchased on Sunflower Land.
Farm ID means the unique ID we will issue to you when you purchase a Farm in the Sunflower Land game.
Referral means a person you refer to us, via the Referral Process, and in accordance with these Terms.
Referral Fee means, unless otherwise agreed between the Parties in writing, the equivalent of USD $1.00 in MATIC.
Referral Code takes the meaning in clause 2.2.
Referral Process takes the meaning in clause 2.3.
Site means our website, http://thought-farm.com.au/.
Sunflower Land means our online farming game which you can access via our Site.
Term takes the meaning in clause 5.1.