Affiliate Program Terms & Conditions
Promotional Use
Nexus may use the content created by the Athlete for promotional purposes, including but not limited to, advertising, social content, Instagram ads, Facebook ads, TikTok ads, landing pages, email campaigns.
Content Approval
The Athlete will submit all feed content where Nexus will be added as a collaborator for approval by Nexus before publication. Nexus reserves the right to request revision or reject any content that does not meet its standards or brand guidelines.
Nexus warrants to the Athlete
Nexus agrees to provide the Athlete with the necessary information and resources to complete the content creation, including product samples, brand guidelines, and other materials as needed. Nexus will also provide feedback and guidance to the Athlete to ensure that the content aligns with its brand and messaging. Nexus agrees to provide clear and open communication and to act in good faith to resolve any conflicts or issues that may arise during this collaboration.
The Athlete warrants to Nexus
The Athlete represents and warrants that all content created under this agreement will be original, and will not infringe upon any third-party intellectual property rights. The Athlete warrants to act in good faith to provide the deliverables in a timely manner and to an acceptable standard, and to communicate clearly with Nexus if there are any issues or delays by emailing partners@nexussportsnutrition.com as soon as any issues arise.
Ownership & Licence
The Athlete owns the content created for promotional use. The Athlete grants Nexus an irrevocable licence to use the Athlete's content for promotional use during this Agreement and up to 12 months after termination of this Agreement. The Athlete grants Nexus unlimited usage rights to the content created under this agreement, including but not limited to, the right to reproduce, distribute, display, and modify the content.
Confidentiality
The Athlete agrees to keep confidential all information & communications related to Nexus business, including but not limited to, product information, marketing strategies, and financial data.
Indemnification
The Athlete agrees to indemnify and hold harmless Nexus from any and all claims, damages, or expenses arising from the Athlete breach of any representation or warranty under this agreement.
Exclusivity
Unless otherwise agreed in writing between the Athlete and Nexus, the Athlete agrees that, for the duration of this Agreement, they will exclusively promote, endorse, and represent Nexus supplements, apparel and products ("Products") across all public platforms, including but not limited to social media, events, appearances, and any digital or physical promotional channels.
The Athlete must:
- Exclusively promote Nexus Products in all fitness, lifestyle, and promotional content where Products, use of Products, or Product branding is visible;
- Tag and appropriately represent Nexus Products in all relevant social media content featuring Products and/or branding;
- Refrain from promoting, endorsing, advertising, or being publicly associated with any competing brands without the prior written consent of Nexus.
For the purposes of this section, a "competing brand" includes any brand that develops, manufactures, markets, or sells sports nutrition, health, wellness, dietary supplement products or apparel similar in nature to Nexus Products.
Any breach of this clause will be considered a material breach of the Agreement and may result in immediate termination at the discretion of Nexus.
Initial Trial Period and Termination: The parties agree that the first 90 days from the Agreement Date (the "Trial Period") will constitute an initial evaluation period unless otherwise agreed in writing.
During the Trial Period, Nexus may terminate this Agreement at any time, for any reason or no reason, by providing written notice to the Athlete. Such termination will take effect immediately upon notice unless otherwise specified.
Upon termination during the Trial Period:
- The Athlete must immediately cease representing themselves as a Nexus athlete;
- The Athlete must remove or update any active promotions, discount codes, or ongoing commercial representations associated with Nexus as reasonably requested;
- Any outstanding obligations accrued prior to termination will be honoured unless otherwise agreed in writing.
Following the Trial Period, this Agreement will continue for a period of 12 months from the date this Agreement is entered into and in accordance with its remaining terms unless terminated in line with the standard termination provisions outlined in this Agreement.
Termination
Nexus reserves the right to terminate this agreement due to failure of the Athlete to provide the deliverables within the timeframe or to the standard required under this agreement. If Nexus chooses to exercise this right, it will do so with (7) days written notice, by way of email to the Athlete's (or agent's) nominated email address. Either party can elect to terminate this contract upon 30 days written notice.
Post-Termination Restraint
The Athlete agrees that, upon termination or expiry of this Agreement for any reason, they must not, for a period of 90 days from the date of termination (the "Restraint Period"):
- Promote, advertise, endorse, or be engaged by any competing brand;
- Wear or feature competing apparel brands in any sponsored, paid, or promotional content across social media or other public platforms;
- Enter into any commercial arrangement with a competing brand that is substantially similar in nature to the activities performed under this Agreement.
For the purposes of this clause, a "competing brand" means any business that designs, manufactures, or sells sports nutrition, health, wellness, dietary supplement products or apparel similar in nature to Nexus Products.
This restraint applies only to the extent necessary to protect the legitimate business interests of Nexus, including its brand, goodwill, and customer relationships, and is limited to:
- Activities conducted within Australia; and
- Platforms or channels where the Athlete has actively promoted Nexus Products during the term of this Agreement.
If any part of this clause is found to be unenforceable, it is intended that the clause be read down to the minimum extent necessary to make it enforceable.
Entire Agreement
This agreement constitutes the entire understanding between the Athlete and Nexus and supersedes all prior agreements, whether written or oral. Any modifications to this agreement must be in writing and signed by both parties. Both parties agree to work collaboratively throughout the duration of this agreement to ensure the successful completion of the content creation project.