GOLF SOLUTIONS PTY. LTD. (ACN 691 656 694)
Trading as PureStrike Golf
Creator Program
Terms and Conditions
IMPORTANT: Please read this agreement carefully before accepting. By ticking the acceptance boxes on PureStrike's onboarding form, you confirm you have read, understood, and agree to be bound by these terms. If you have questions, ask before accepting. This is a legal contract.
In this agreement, the following terms have the following meanings:
"Affiliate Link" means the unique tracking link assigned to you by PureStrike for the purpose of tracking sales attributable to you under this agreement.
"Affiliate Sale" means a sale of PureStrike Products through your Affiliate Link or Discount Code that is tracked, attributed to you, and not refunded within the refund window.
"Brand Guidelines" means the brand voice, visual identity, and content guidance provided to you by PureStrike, as updated from time to time.
"Content" means any and all video, audio, photographic, written, or other creative material produced by you that features, references, or relates to PureStrike or PureStrike Products, regardless of whether such material was produced under a specific brief or independently.
"Discount Code" means the unique promotional code assigned to you by PureStrike for the purpose of offering a discount to your audience and tracking sales attributable to you.
"Paid Ad" means any Content that PureStrike runs as a paid advertisement on Meta (Facebook, Instagram), TikTok, YouTube, Google, or any other paid media channel, whether through PureStrike's own ad accounts or through whitelisted access to your social media accounts.
"Profit Split" means the percentage of net profit on Paid Ads payable to you under clause 5, calculated in accordance with that clause.
"Program" means the PureStrike Creator Program operated under the terms of this agreement.
"Products" means the physical golf training aids and other products manufactured, sold, or distributed by PureStrike from time to time.
"Term" means the period during which this agreement is in effect, as set out in clause 14.
"Trybe" means the third-party creator management platform used by PureStrike to administer the Program, currently located at jointrybe.com.
Engagement. PureStrike engages you as an independent contractor to participate in the Program, and you accept that engagement, on the terms set out in this agreement.
Independent contractor. Nothing in this agreement creates an employment, partnership, joint venture, agency, or franchise relationship between you and PureStrike. You are an independent contractor responsible for your own business, taxes, insurance, and operations.
No authority. You have no authority to bind PureStrike, make representations on behalf of PureStrike beyond what is expressly authorised in this agreement, or hold yourself out as an employee, partner, or agent of PureStrike.
Non-exclusive. Subject to clause 11 (Exclusivity), this is a non-exclusive arrangement. PureStrike may engage other creators on the same or different terms.
You agree that you will:
Create and post Content featuring PureStrike Products to your social media accounts in good faith and in accordance with the Brand Guidelines.
Use the Products honestly in your Content. You must actually use the Products and form genuine opinions before promoting them. Fabricated reviews, deceptive demonstrations, or false claims about Product performance are strictly prohibited.
Disclose your commercial relationship with PureStrike clearly and conspicuously on every piece of Content, in compliance with the advertising disclosure laws of the country in which you reside and the country in which your audience is primarily located (including but not limited to ASIC and ACCC guidelines in Australia, FTC guidelines in the United States, ASA/CAP guidelines in the United Kingdom, and equivalent laws elsewhere). Acceptable disclosures include #ad, #paidpartnership, "Paid partnership with PureStrike", or platform-native paid partnership tags.
Comply with all applicable laws and the terms of service of every platform on which you post Content.
Maintain accurate and up-to-date account details inside Trybe, including payment information.
Promptly notify PureStrike if any Content is the subject of a complaint, takedown notice, legal action, or platform enforcement action.
Not make any medical, health, performance, scientific, or earnings claims about the Products that are not expressly authorised in writing by PureStrike.
Not engage in conduct that brings, or could reasonably be expected to bring, PureStrike into disrepute, including but not limited to hate speech, harassment, illegal activity, or association with content that is offensive, defamatory, or harmful.
Commission rate. PureStrike will pay you fifteen percent (15%) commission on the net sale value of every Affiliate Sale.
Net sale value. "Net sale value" means the final amount paid by the customer for PureStrike Products, excluding (a) shipping and handling charges, (b) taxes (including GST, VAT, sales tax, and customs duties), (c) the value of any discount applied (including via the Discount Code), and (d) returns, chargebacks, or refunded amounts.
Tracking. Commissions are tracked exclusively through your Affiliate Link and Discount Code, as recorded by PureStrike's ecommerce and affiliate tracking systems. The records of these systems are conclusive evidence of Affiliate Sales for the purposes of this agreement, absent manifest error.
Attribution window. Sales are attributed to you only where the customer clicks your Affiliate Link or enters your Discount Code, and completes the purchase within thirty (30) days of that click or code entry, with no subsequent affiliate link click intervening.
Refunds and chargebacks. If a sale on which commission has been paid is later refunded, charged back, or otherwise reversed, PureStrike may deduct the corresponding commission from your next payout or, if no further payout is owed, invoice you for repayment.
Profit split rate. Where PureStrike runs your Content as a Paid Ad and that Paid Ad generates net profit, PureStrike will pay you five percent (5%) of the net profit attributable to that Paid Ad.
Calculation of net profit. "Net profit" for the purpose of this clause means gross revenue directly attributable to the Paid Ad, less: (a) cost of goods sold, (b) shipping and fulfilment costs, (c) advertising spend on that Paid Ad, (d) payment processing fees, (e) refunds and chargebacks, and (f) any applicable taxes payable by PureStrike on that revenue.
Attribution. Attribution of revenue to a specific Paid Ad will be determined by PureStrike using its standard attribution model, applied consistently across all creators in the Program. PureStrike's attribution determinations are conclusive, absent manifest error.
No guarantee. PureStrike makes no guarantee or representation that any of your Content will be selected to run as a Paid Ad, that any Paid Ad will generate profit, or that you will earn any amount under this clause. Selection of Content for Paid Ads is at PureStrike's sole discretion.
Duration. Profit Split is payable for as long as a Paid Ad is actively running and generating profit, including after termination of this agreement, subject to clause 14.4.
Bonus structure. PureStrike will pay you cash bonuses for hitting monthly Content volume targets, as follows:
100 pieces of qualifying Content posted in a calendar month: AUD $2,000
500 pieces of qualifying Content posted in a calendar month: AUD $5000
1,000 pieces of qualifying Content posted in a calendar month: AUD $10,000
Qualifying Content. To qualify toward a volume bonus, each piece of Content must (a) feature a PureStrike Product, (b) be posted publicly on one of your eligible social media accounts as registered in Trybe, (c) include required commercial disclosure under clause 3, (d) comply with the Brand Guidelines, and (e) be tracked inside Trybe.
Non-cumulative. Volume bonuses are awarded at the highest tier reached in a single calendar month and are not cumulative. Reaching 1,000 pieces of qualifying Content does not entitle you to the 100-piece and 500-piece bonus in addition.
Anti-spam. PureStrike may, in its reasonable discretion, exclude Content from the qualifying count where it considers the Content to be low-effort, duplicative, AI-generated without disclosure, automated, or otherwise produced for the primary purpose of inflating volume counts rather than genuinely promoting the Products.
Eligibility. PureStrike may, in its sole discretion, offer retainer arrangements to top-performing creators in the Program. Retainer arrangements are governed by a separate written agreement and are not an entitlement under this agreement.
No representation. Nothing in the Program marketing materials or this agreement constitutes an offer, promise, or guarantee of a retainer.
Free product. PureStrike will supply you with PureStrike Products free of charge in accordance with the tier applicable to your follower count at the time of onboarding, as set out in the Creator Program Overview.
Ownership. Title to the supplied Products passes to you on delivery. The Products are yours to keep.
No resale. You must not resell, auction, or otherwise commercially distribute Products supplied to you under this agreement. Gifting Products to followers for promotional purposes is permitted only with PureStrike's prior written consent.
Use for Content. You must use the Products to create Content for the Program. If you receive Products and produce no Content within sixty (60) days of delivery, PureStrike may, at its option, require return of the Products at your cost or invoice you for their wholesale value.
Warranties. Products are supplied with the same consumer warranties available to retail customers. PureStrike makes no additional warranties to you under this agreement.
Your ownership. You retain ownership of all Content you create, subject to the licence granted to PureStrike in this clause.
Licence to PureStrike. You grant PureStrike a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable licence to use, reproduce, modify, adapt, edit, publish, translate, distribute, publicly display, publicly perform, and create derivative works of your Content, in any media now known or later developed, for any purpose connected with PureStrike's business, including without limitation: paid advertising, organic social media, websites, email marketing, packaging, retail collateral, press, partnerships, and product development.
Survives termination. The licence in clause 9.2 is perpetual and survives termination of this agreement for any reason. PureStrike may continue to use Content created during the Term after termination, without further payment beyond any Profit Split owed under clause 5.
Whitelisting. You authorise PureStrike to access your social media advertising accounts (including but not limited to Meta Business Suite, TikTok Ads Manager, YouTube/Google Ads) for the purpose of running Paid Ads through your handles ("whitelisting"). You will provide reasonable cooperation to set up this access, including granting partner permissions on the relevant platforms. PureStrike will use this access only to run Paid Ads featuring your Content and will not post organic content, send messages, or otherwise act through your account without your consent.
Moral rights. To the extent permitted by law, you consent to PureStrike's use of the Content in ways that may otherwise infringe your moral rights, including without limitation editing, cropping, recontextualising, and combining the Content with other material.
Third-party rights. You warrant that you have all necessary rights, licences, consents, and clearances to grant the licence in clause 9.2, including rights to: any music, footage, voiceovers, logos, trademarks, or other third-party material in the Content; the likeness of any person appearing in the Content; and the location at which the Content was filmed. You must not include any copyrighted music, branded sports league footage, celebrity likenesses, or other third-party intellectual property in Content unless you have obtained appropriate clearance.
PureStrike IP. All PureStrike trademarks, logos, product names, packaging designs, and other intellectual property remain the property of PureStrike. You are granted a limited, non-exclusive, revocable licence to use PureStrike's trademarks and brand assets solely for the purpose of creating Content under this agreement, in accordance with the Brand Guidelines.
Payment cycle. PureStrike will calculate amounts owed to you (Affiliate Commission under clause 4, Profit Split under clause 5, and any Volume Bonuses under clause 6) on a monthly basis, in arrears.
Payment date. Payments will be made within thirty (30) days following the end of each calendar month in which the payment was earned, provided that the minimum payout threshold has been reached.
Minimum payout threshold. PureStrike will accumulate amounts owed to you until your balance reaches AUD $100. Amounts below the threshold will roll over to subsequent months until the threshold is reached, at which point they will be paid on the next scheduled payment date.
Payment method. Payments will be made to the account details you provide inside Trybe. You are responsible for keeping your payment details current. PureStrike is not liable for payments that fail or are misdirected because of incorrect details you have provided.
Currency. All amounts are stated and payable in Australian dollars (AUD) unless otherwise agreed in writing. Where you elect to receive payment in another currency, the conversion will be made at the prevailing exchange rate at the time of payment, and any conversion fees or transfer fees imposed by the payment processor will be borne by you.
Taxes. All payments under this agreement are stated exclusive of GST, VAT, sales tax, withholding tax, or any other tax. You are solely responsible for: (a) determining the tax treatment of payments you receive in your country of tax residence; (b) registering for, collecting, reporting, and remitting any tax payable on your earnings; and (c) any penalties or interest arising from your failure to do so. Where PureStrike is required by law to withhold tax from a payment to you, it may do so and remit the withheld amount to the relevant tax authority. You indemnify PureStrike against any liability arising from your tax obligations.
Set-off. PureStrike may set off any amounts you owe to PureStrike (including refunded commissions, repayable Product values, or damages) against any amounts PureStrike owes to you.
Disputes. You must notify PureStrike of any dispute regarding a payment within sixty (60) days of the payment date or scheduled payment date. After that period, you are deemed to have accepted the payment as correct and you waive any claim for additional payment in respect of that period.
Restriction. During the Term and for thirty (30) days following termination of this agreement, you must not create, post, or otherwise produce sponsored, paid, or commercially compensated content for any brand that sells golf training aids in direct competition with PureStrike Products. For clarity, this restriction applies to brands selling golf swing trainers, ball-striking aids, alignment aids, and similar swing improvement products. It does not restrict you from creating content for: brands selling golf apparel, golf bags, golf balls (in their standard playing form), golf shoes, golf travel, golf media, golf courses, golf tournaments, or non-golf brands.
Disclosure of conflicts. Before entering into any new commercial arrangement with a brand in the golf industry, you must give PureStrike fourteen (14) days' written notice and reasonable opportunity to confirm whether the arrangement falls within the restriction.
Reasonableness. You acknowledge that this restriction is reasonable in scope, duration, and geography given the nature of the Program, the investment PureStrike makes in your Content, and the commercial sensitivity of the creator-brand relationship.
Confidential Information. "Confidential Information" means any non-public information disclosed to you by PureStrike in connection with the Program, including without limitation: ad performance data, creative briefs and frameworks, unreleased product information, supplier information, financial information, customer data, marketing strategies, attribution models, profit margins, and the commercial terms of this agreement.
Obligations. You must (a) keep Confidential Information strictly confidential, (b) use it only for the purposes of performing your obligations under this agreement, (c) not disclose it to any third party without PureStrike's prior written consent, and (d) take reasonable steps to protect it from unauthorised access or disclosure.
Exceptions. The obligations in clause 12.2 do not apply to information that (a) is or becomes publicly available through no fault of yours, (b) was lawfully in your possession before disclosure by PureStrike, (c) is independently developed by you without reference to Confidential Information, or (d) is required to be disclosed by law, provided you give PureStrike reasonable prior notice where lawful.
Survival. This clause 12 survives termination of the agreement for a period of three (3) years.
Your warranties. You warrant and represent that:
You are at least eighteen (18) years old and have full legal capacity to enter into this agreement;
You have the right and authority to enter into and perform this agreement;
Your performance of this agreement will not breach any other agreement to which you are a party;
The Content you create is original to you, or you have obtained all necessary rights and clearances for any third-party material it contains;
The Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other rights of any third party;
The Content is not defamatory, obscene, misleading, deceptive, or otherwise unlawful;
All statements you make in Content about the Products are true, accurate, and reflect your genuine opinion based on actual use of the Products;
You have made and will continue to make all disclosures required by applicable advertising and consumer protection laws in your country and the country where your audience is primarily located.
PureStrike warranties. PureStrike warrants that it has the right to enter into this agreement and grant the Affiliate Link, Discount Code, and Products to you as set out in this agreement.
Exclusion of other warranties. To the maximum extent permitted by law, all other warranties, representations, and conditions are excluded. PureStrike does not warrant or represent that you will earn any specific amount, achieve any particular level of audience growth, or that any of your Content will be selected for use as a Paid Ad.
Indemnity by you. You indemnify and hold PureStrike harmless from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your breach of this agreement, including any warranty in clause 13.1; (b) the Content, including any claim that the Content infringes third-party rights or contains unlawful material; (c) any statement you make about the Products that is not authorised by PureStrike; (d) your failure to make required disclosures; (e) your tax obligations; or (f) your gross negligence or wilful misconduct.
Limitation of PureStrike's liability. To the maximum extent permitted by law, PureStrike's total aggregate liability to you in connection with this agreement, whether in contract, tort (including negligence), under statute, or otherwise, is limited to the total amounts paid by PureStrike to you under this agreement in the twelve (12) months immediately preceding the event giving rise to the liability. PureStrike is not liable for any indirect, consequential, special, or punitive damages, including lost profits, lost revenue, lost opportunity, or loss of audience or followers.
Australian Consumer Law. Nothing in this agreement excludes, restricts, or modifies any consumer guarantee, right, or remedy you may have under the Australian Consumer Law or equivalent legislation in your jurisdiction that cannot be excluded by contract.
Term. This agreement begins on the Effective Date and continues until terminated in accordance with this clause 14.
Termination for convenience. Either party may terminate this agreement at any time by giving the other party thirty (30) days' written notice.
Termination for cause. PureStrike may terminate this agreement immediately by written notice if you: (a) materially breach this agreement and fail to remedy the breach within seven (7) days of receiving written notice requiring remedy (or, where the breach is not capable of remedy, immediately); (b) engage in conduct that brings, or in PureStrike's reasonable opinion is likely to bring, PureStrike into disrepute; (c) become bankrupt, insolvent, or unable to pay your debts as they fall due; (d) commit fraud, dishonesty, or any criminal offence; (e) breach clause 9 (Intellectual Property), clause 11 (Exclusivity), or clause 12 (Confidentiality); or (f) post Content that violates platform terms of service in a way that exposes PureStrike to liability or account suspension.
Effect of termination. On termination of this agreement:
Your Affiliate Link and Discount Code will be deactivated;
You must stop posting new Content featuring the Products and must remove or update any active Content within thirty (30) days where PureStrike reasonably requires it;
PureStrike will pay you all amounts owed up to the date of termination, including Affiliate Commission for Affiliate Sales tracked before termination (subject to the refund window), accrued Profit Split, and any Volume Bonuses earned;
Profit Split continues to be payable for Paid Ads that continue to run after termination, until those Paid Ads are switched off by PureStrike;
The licence granted to PureStrike in clause 9 continues to apply on a perpetual basis as set out in that clause;
Clauses 9 (IP licence), 10.6 (Taxes), 12 (Confidentiality), 13 (Warranties and Indemnity), 15 (Governing Law), and any other clause which by its nature is intended to survive termination, survive termination.
This agreement is governed by the laws of Queensland, Australia. The parties submit to the exclusive jurisdiction of the courts of Queensland and the courts of appeal from them. This does not prevent PureStrike from seeking interim or injunctive relief in any other jurisdiction where necessary to protect its rights, including its intellectual property and confidential information.
Any notice under this agreement must be in writing and may be given by email to the email address each party has provided. Email notices are deemed received on the next business day after sending, provided no bounce or delivery failure notification is received.
PureStrike may amend the terms of this agreement on thirty (30) days' written notice to you. If you do not agree to the amendment, your sole remedy is to terminate this agreement on written notice before the amendment takes effect. Continued participation in the Program after the effective date of the amendment constitutes acceptance of the amended terms.
You may not assign, transfer, or subcontract your rights or obligations under this agreement without PureStrike's prior written consent. PureStrike may assign or transfer this agreement to any related entity or to any acquirer of its business without your consent.
A failure or delay by either party to exercise a right under this agreement does not operate as a waiver of that right. A single or partial exercise of a right does not preclude further exercise of that right.
If any provision of this agreement is held to be invalid, illegal, or unenforceable, the remaining provisions continue in full force and effect, and the invalid provision is to be read down to the minimum extent necessary to make it valid, or otherwise severed.
This agreement, together with the Creator Program Overview and any documents expressly incorporated by reference, constitutes the entire agreement between the parties and supersedes all prior communications, representations, and agreements. You acknowledge that you have not relied on any representation or statement not expressly contained in this agreement.
PureStrike may engage other creators on the same, better, or different terms. You have no claim to most-favoured-nation pricing or terms.
You enter into this agreement by ticking the acceptance checkboxes on PureStrike's online onboarding form and submitting that form. By doing so, you confirm that: (a) you have read and understood this agreement in full; (b) you have had the opportunity to ask questions and obtain independent legal or tax advice; (c) you intend to be legally bound by this agreement; and (d) your electronic acceptance has the same legal force and effect as a handwritten signature under the Electronic Transactions Act 1999 (Cth) and equivalent legislation in your jurisdiction. PureStrike's record of your form submission, including the timestamp and IP address recorded at the time of submission, is conclusive evidence of your acceptance of this agreement.
Neither party is liable for failure to perform its obligations (other than payment obligations already accrued) where the failure is caused by events beyond its reasonable control, including natural disasters, pandemics, government actions, internet outages, platform outages, or war.