TFC Affiliate Program Terms, Conditions & Privacy Policy

Version: 2.0 Effective Date: 2026-07-12 Entity: The Foot Collective Pty Ltd (ABN 16 629 674 004) Registered Address: 79 Sellheim St, Grange QLD 4051, Australia Contact: info@thefootcollective.com Governing Law: Queensland, Australia

Part A - Terms and Conditions

1. Eligibility and Program Purpose

TFC's affiliate programs are open to individuals aged 18 or over who wish to promote TFC's physical products and share our mission of restoring natural foot function. By registering, you confirm you are 18 or over and have the legal capacity to enter into a binding agreement.

Affiliates earn commission on referred sales of eligible products via their unique affiliate links or codes. TFC operates a non-therapeutic educational positioning. All affiliate promotion must reflect this positioning.

2. Commission and Payouts

Commissions are paid on eligible referred product purchases only.
Commissions do not apply to ticketed events unless otherwise stated in writing, or to your own personal purchases.
Payouts are made monthly.
Commissions are tracked via 90-day cookies or affiliate code attribution, as applicable.
TFC reserves the right to withhold or reverse commissions associated with fraudulent, prohibited, or policy-breaching activity pending investigation.

3. Code Usage Restrictions

Self-use is not permitted. Affiliates may not use their own code or affiliate link for personal purchases.
Events excluded. Affiliate codes may not be applied to any TFC events, including workshops, certifications, or seminars.
Affiliates found misusing codes for personal gain may be removed from the program and forfeit unpaid commissions.

4. Promotion Guidelines

A. Approved Promotion Channels

Affiliates may share their link or code via:

Social media (posts, stories, reels, bios)
Email newsletters to your own subscribers
Personal blogs or resource articles
Community forums or groups where participation is authentic and permitted by the platform
Packaging inserts or QR codes if you are a physical brand

B. Channel Restrictions

Affiliates may not embed affiliate codes into the SEO metadata of their own websites in a way that manipulates search results for TFC product keywords.
Affiliates may not create standalone pages designed to rank for TFC product keywords combined with "discount code" or similar terms.
Affiliate codes must not be shared directly on TFC's website or embedded into user-generated reviews or comments hosted by TFC.
Customers must encounter your code or link before arriving at TFC's website.

C. Coupon and Discount Sites

Posting your affiliate code to public coupon or discount-sharing websites is prohibited.
If your code is found on these sites, it will be deactivated immediately and pending commissions forfeited.
Repeated violations will result in removal from the program.

5. Advertising and Paid Media

Affiliates may not run paid advertising (including Google Ads, Meta Ads, Bing Ads, or any other paid placement) using their affiliate link or code.
Bidding on branded keywords (including "The Foot Collective", "TFC", "TFC SoleMate", "TFC Wild Toes", and any other TFC product or brand names) is prohibited.
Affiliates may not present themselves as official TFC channels or authorised TFC representatives in any advertising copy, profile, or channel description.

6. Claims, Content, and Disclosure Standards

A. Positioning and Permitted Claims

TFC products are tools for foot health education and movement training. They are not medical devices and are not promoted as treatments for any health condition.

All affiliate promotion must reflect this positioning. You may:

describe what a product does and how it is used;
share your own authentic experience of using the product in functional or movement terms; and
use approved TFC product descriptions and educational language.

You may not make therapeutic claims. The prohibited content in Section 6B applies to all affiliate promotion, regardless of platform, format, or audience.

Claims must be accurate, substantiated, and consistent with TFC's educational brand positioning.

B. Health and Clinical Claims - Absolute Prohibition

The following are strictly prohibited in all affiliate content, regardless of platform, format, or audience:

Claims that any TFC product treats, manages, cures, prevents, or reduces the symptoms of any named health condition (including but not limited to plantar fasciitis, bunions, flat feet, neuropathy, arthritis, or any diagnosed condition)
Claims about clinical outcomes or medical efficacy
Before-and-after content that implies clinical improvement or resolution of a health condition
Comparisons between TFC products and medical treatments, orthotics, or clinical interventions
Use of clinical language (diagnosis, treatment, prescription, therapeutic, rehabilitative) in describing TFC products or their effects
Fabricated, exaggerated, or unsubstantiated outcome claims

These prohibitions apply even where the claim is framed as your personal experience. They apply to captions, scripts, voiceovers, thumbnails, titles, descriptions, and any other content associated with TFC promotion.

A breach of this section will result in written notice from TFC requiring you to remove or amend the non-compliant content within 7 days. If the breach is not remedied within that period, TFC may terminate your affiliate account and forfeit all unpaid commissions. A second breach following a prior notice, any violation that continues after TFC has made a direct correction request, or any willful or repeated violation, is grounds for immediate termination without further notice and forfeiture of all unpaid commissions.

C. Disclosure Requirements

A disclosure is required when both of the following conditions are met:

TFC or a TFC product is the subject of, or prominently featured in, the content; and
You have a commission, financial, or commercial relationship with TFC (including receiving payment, free products, discounts, or holding an affiliate, Guide, or Pro relationship).

If only one condition applies, or neither applies, no disclosure is required. Content where a TFC product appears incidentally, in the background of unrelated content, or as part of your general training environment without being the focus of the post, does not require disclosure.

Where both conditions are met:

On platforms with a native Paid Partnership or Branded Content label (including Instagram, TikTok, and YouTube): apply that label. That is the disclosure. Nothing further is required.
On platforms without a native label (including X/Twitter, blogs, and email): include "#ad" or "Advertisement" prominently in the caption or post, before any "see more" truncation. Relationship hashtags (#TFCAffiliate, #TFCGuide, #TFCPro) may accompany this to identify your specific relationship with TFC, but are not a substitute for "#ad" on platforms without a native label.
Audio content (podcasts): include a verbal disclosure at the start of the relevant segment.
Profile bio disclosure alone is never sufficient. Disclosure must appear in each individual piece of qualifying content.

Verbal disclosure within video content is not required where the platform label is in place.

These requirements apply regardless of your jurisdiction. They reflect the Australian Association of National Advertisers (AANA) Code of Ethics, the UK Advertising Standards Authority (ASA) and CAP Code, the US Federal Trade Commission (FTC) Endorsement Guides (16 C.F.R. Part 255, as updated October 2023), and the EU Unfair Commercial Practices Directive (Directive 2005/29/EC) as implemented in your member state, including the disclosure requirements of the Omnibus Directive (Directive 2019/2161).

D. Qualified Professionals

If you hold registration with a health practitioner regulatory body (including AHPRA in Australia or equivalent bodies in other jurisdictions), you must comply with that body's advertising guidelines in addition to these terms. In Australia, Section 133 of the Health Practitioner Regulation National Law prohibits testimonials claiming clinical results. Your professional registration obligations are your own responsibility. These terms do not override or substitute for your regulatory body's requirements.

If you hold AHPRA registration in Australia, you must also disclose any commission or financial benefit received from TFC to your patients at the point of any product recommendation, as required by the AHPRA Shared Code of Conduct.

E. Cookie and Tracking Compliance

Where you direct consumers to TFC's website via affiliate links, you are responsible for complying with applicable cookie consent and tracking disclosure requirements on your own websites, platforms, and digital properties. This includes compliance with the EU ePrivacy Directive and GDPR where your audience includes EU residents. TFC's affiliate tracking cookies activate on a consumer's browser from the point they click your link. Compliance with cookie consent obligations on your own platforms is your responsibility, not TFC's.

7. Referrals and Commission Approval

Referrals are tracked automatically via the affiliate platform.
TFC may manually review or revoke any commission associated with a breach of these terms, fraudulent activity, or misleading promotional practices.
Commission approval is at TFC's reasonable discretion where a breach investigation is underway.

8. Affiliate Conduct and Brand Alignment

Affiliates agree to:

Represent TFC accurately, honestly, and in line with TFC's educational brand positioning
Comply with the claims and content standards set out in Section 6 of these terms at all times
Avoid false claims, fabricated testimonials, exaggerated outcomes, or unapproved product comparisons
Disclose their affiliate relationship in every piece of content featuring TFC products, as set out in Section 6C
Not act in a way that brings TFC into disrepute or conflicts with TFC's values

9. Program Changes and Termination

TFC reserves the right to:

Modify commission rates, program structure, or payout schedules with reasonable notice
Suspend an affiliate account immediately if a potential breach of Section 6 (Claims, Content, and Disclosure Standards) is identified, pending investigation
Issue a 7-day written notice to remedy for a first clinical claims violation under Section 6B or a first disclosure failure under Section 6C, requiring removal or amendment of the non-compliant content within that period
Terminate an affiliate account immediately and without notice for: a second or repeated Section 6B or 6C violation following prior notice, any violation that continues after a direct TFC correction request, fraudulent activity, or conduct that brings TFC into disrepute
Terminate an affiliate account with 14 days notice for other policy violations
Discontinue the program entirely with 30 days notice to active affiliates

On immediate termination for repeated or willful Section 6 violations, fraudulent activity, or conduct violations, all unpaid commissions are forfeited. Where a 7-day notice to remedy is issued for a first Section 6B or 6C violation and the affiliate remedies the breach within that period, commissions earned during the notice period are not affected. On termination with notice for other reasons, commissions earned and approved before the termination date will be paid at the next scheduled payout cycle.

10. Privacy and Confidentiality

All non-public information provided through the affiliate platform (including performance data, commission rates, codes, and communications) is confidential and may not be shared, published, or disclosed without TFC's written consent.

How TFC collects and uses your personal information as an affiliate is set out in Part B (Affiliate Privacy Policy) below.

11. Governing Law and Disputes

These terms are governed by the laws of Queensland, Australia. If you are located in a jurisdiction with mandatory consumer protection rights that cannot be excluded (including the United Kingdom, the European Union, and applicable US states), those rights apply alongside these terms and are not displaced by this choice of law.

If a dispute arises between you and TFC in connection with the affiliate program, either party may give written notice of the dispute. Both parties agree to attempt to resolve the dispute in good faith within 30 days of that notice before commencing any legal proceedings.

12. Policy Review and Updates

These terms may be updated from time to time. Affiliates will be notified of material changes via email or the affiliate dashboard. Continued participation in the program after the effective date of any update constitutes acceptance of the updated terms.

13. Intellectual Property and Brand Asset Licence

TFC grants you a limited, non-exclusive, non-transferable licence to use TFC trademarks, logos, and product images solely for the purpose of approved affiliate promotion under these terms. This licence:

does not permit modification of TFC brand assets;
does not permit use of TFC assets in any context that implies TFC's endorsement of any third-party product or service;
is revocable immediately on termination of your affiliate account for any reason.

On termination of your affiliate account, you must promptly remove all TFC brand assets from your promotional materials and platforms. TFC may request removal of specific content at any time and you must action that request within 48 hours of written notice.

14. Limitation of Liability

To the maximum extent permitted by law, TFC's total liability to you in connection with the affiliate program (including for commission disputes, system errors, program changes, or account termination) is limited to the total commissions earned and approved in the 90 days preceding the event giving rise to the claim.

TFC is not liable for any indirect, consequential, or speculative loss, including loss of anticipated commissions or promotional revenue.

Nothing in this clause limits TFC's liability for fraud, or excludes any non-excludable rights you may have under applicable consumer protection law.

By registering for and participating in the TFC Affiliate Program, you confirm that you have read and agree to these Terms and Conditions.

Part B - Affiliate Privacy Policy

This Privacy Policy explains how TFC collects, uses, stores, and protects personal information you provide when participating in our affiliate program, hosted on UpPromote.

By registering for the TFC Affiliate Program, you agree to the terms of this Privacy Policy. If you do not agree, do not register for or continue participating in the program.

1. What Information We Collect

When you register as an affiliate, we may collect:

Full name and contact information (email address, phone number if provided)
Payout and billing details (PayPal address, bank account information, or other payment details)
Social media handles, website URLs, or channel links (if provided)
Affiliate activity and performance data (clicks, referrals, conversions, commission history)
Communications between you and TFC relating to the program

This data is collected via UpPromote's platform and TFC's own systems.

2. How We Use Your Information

We use your information to:

Create and manage your affiliate account
Track performance and issue commission payments
Communicate program updates, policy changes, and promotional information
Provide access to marketing materials and program guidelines
Monitor compliance with these terms
Improve the program and ensure ongoing compliance

We will not sell or rent your personal information to third parties.

Lawful basis for processing (UK and EU affiliates). Where UK GDPR or EU GDPR applies, TFC processes your personal information as follows: account management, commission tracking, payment processing, and program administration are processed on the basis that processing is necessary for the performance of our contract with you (Article 6(1)(b)). Program communications are processed on the basis of our legitimate interests in managing the affiliate program (Article 6(1)(f)). Where you provide optional information, processing is based on your consent.

3. Cookies and Tracking

UpPromote uses browser cookies to track affiliate referrals. When a customer clicks your affiliate link, a cookie is placed in their browser for 90 days. If a purchase occurs within that window, it is attributed to you. These cookies are essential to the function of the affiliate program.

4. Data Sharing

Your personal data may be shared with:

UpPromote, as our affiliate platform operator and data processor, to enable tracking and payment processing
Payment processors, for issuing commissions
TFC staff responsible for managing the affiliate program

TFC may also share your information when legally required to do so, or with your explicit consent. All third parties who receive your data on our behalf are required to handle it in compliance with applicable privacy law.

TFC team members may use business productivity and analytics tools, including Notion for program management and AI-assisted analysis platforms, to review aggregated or anonymised partnership performance data. Where affiliate data is used in any such tool, TFC applies anonymisation or aggregation where practicable to minimise the use of personal data. All such use is governed by the standards set out in TFC's Privacy Policy at thefootcollective.com/policies/privacy-policy.

UpPromote acts as a data processor on TFC's behalf. Their processing of your data is currently governed by their own privacy policy and platform terms. TFC is working to establish a formal data processing agreement with UpPromote.

5. Retention

We retain your personal information for as long as your affiliate account is active. After account closure or termination, we retain:

Financial records (commission history, payment details): 7 years, to meet TFC's obligations under Australian tax law
Performance data: 2 years from account closure
Communications: 2 years from account closure

After these periods, data is securely deleted or fully anonymised.

6. Your Rights

Depending on your jurisdiction, you may have the following rights in relation to your personal information:

Access: Request a copy of the personal information TFC holds about you
Correction: Request that inaccurate or incomplete information be corrected
Erasure: Request that your personal information be deleted, subject to TFC's legal retention obligations
Restriction: Request that TFC restrict processing of your data in certain circumstances
Portability: Request that TFC provide your personal data in a structured, commonly used format (where technically feasible and legally applicable)
Objection: Object to processing of your personal data for direct marketing at any time
Withdraw consent: Where processing is based on your consent, you may withdraw that consent at any time without affecting the lawfulness of prior processing

To exercise any of these rights, contact us at info@thefootcollective.com. We may ask you to verify your identity before processing your request. We will respond within 30 days. Where a request is complex or numerous, we may extend this period by a further 60 days and will notify you.

If you are located in the UK or European Union, you also have the right to lodge a complaint with your local data protection authority (in the UK, the Information Commissioner's Office; in EU member states, the relevant national supervisory authority).

7. International Transfers

TFC is based in Australia. If you are located in the UK or European Union, your personal information will be transferred to and processed in Australia and the United States (via our affiliate platform provider, UpPromote, operated by Secomapp). TFC is working to ensure appropriate transfer mechanisms are in place for international transfers of personal data. If you have questions about how your data is transferred or stored, contact us at info@thefootcollective.com.

TFC has appointed VeraSafe Ireland Ltd. as its representative in the European Union pursuant to Article 27 of the GDPR. EEA residents may contact VeraSafe at https://verasafe.com/public-resources/contact-data-protection-representative or by telephone at +420 228 881 031. Address: VeraSafe Ireland Ltd., Unit 3D North Point House, North Point Business Park, New Mallow Road, Cork T23AT2P, Ireland.

8. Third-Party Sites

The affiliate program is powered by UpPromote. Your use of their platform is also governed by UpPromote's own privacy policy. TFC is not responsible for the privacy practices of third-party services.

9. Minimum Age

The TFC Affiliate Program is available to individuals aged 18 and over. By registering, you confirm you are 18 or over. TFC does not knowingly collect personal information from individuals under 18. If we become aware that a person under 18 has registered, we will close the account and delete their information.

10. Changes to This Policy

We may update this Privacy Policy from time to time. Material changes will be communicated via email or your affiliate dashboard. Continued participation in the program after any update takes effect constitutes acceptance of the updated policy.

11. Governing Law

This Privacy Policy is governed by the laws of Queensland, Australia and the Australian Privacy Act 1988 (Cth). If you are located in the UK, UK GDPR applies in addition. If you are located in the European Union, the General Data Protection Regulation (EU) 2016/679 applies in addition. Mandatory local privacy rights are not displaced by this choice of law.

12. Contact Us

For any questions about your personal data, this policy, or the affiliate program:

The Foot Collective Pty Ltd info@thefootcollective.com thefootcollective.com