Program Terms

1.1 You take part in the Program as an independent contractor promoting the App under your own name and brand. Nothing in this Agreement creates an employment, partnership, joint venture, agency, or franchise relationship between us.

1.2 You decide whether, when, how, and on which platforms you create and publish content. We do not set your hours, do not require exclusivity, do not provide your tools or equipment, and do not direct the manner in which you work. You may promote other products and take on other clients.

1.3 You may use assistants or subcontractors to produce your content, provided you remain responsible for their compliance with this Agreement.

1.4 You are responsible for your own insurances, superannuation, leave, equipment, and business costs. You are not entitled to any employee entitlement, and you bear the financial risk and reward of your own promotional activity.

2.1 You must be at least 18 years old, have legal capacity to contract, and (for any cash payment) be tax-resident in and paid into a country we support.

2.2 You must not be a person — and must not act for or on behalf of a person or entity — that is designated or otherwise restricted under Australian sanctions law, and you must not be ordinarily resident in a country subject to comprehensive Australian sanctions.

2.3 The Program is invite-only at launch. We may decline, pause, or revoke your participation at our discretion, subject to the notice provisions in clause 17. Approval of an application, or issue of a provisional code, does not by itself entitle you to any payment.

3.1 Subject to this Agreement, you may earn the following in respect of players who validly redeem your referral code (each a “referred player”):

(a) a spend share of your contracted rate — a base of 20%, or the higher rate agreed in your individual creator contract— of the settled net proceeds we actually receive from a referred player’s in-app purchases, calculated as: the settled transaction amount, less the GST (or equivalent storefront tax) divided out, less the Apple platform commission actually applied to that transaction (currently 15% under the Apple Small Business Program; if Apple in fact deducts a different commission, that actual rate is used), then multiplied by your contracted rate — and always computed from the verified StoreKit transaction, never the catalogue or shelf price. The amount credited never exceeds what we received. Promotional, introductory, and offer-code purchases (which settle at or near $0) earn nothing;

(b) AUD $1.00 when a referred player first reaches character level 20, subject to the anti-fraud activity gate in clause 4; and

(c) AUD $2.00 when a referred player first maxes their character stats, subject to the anti-carry gate in clause 4.

3.2 All amounts are in Australian dollars (AUD) and are stated exclusive of GST. If you are registered for GST in Australia, we will add a GST component on top (a gross-up) of the amount otherwise payable and remit it against a valid tax invoice or recipient-created tax invoice (see clause 12); if you are not registered for GST, no GST component is added. We may vary the rates and thresholds prospectively under clause 18.

3.3 No cap — perpetual spend share. The spend share under 3.1(a) is uncapped and perpetual. You earn your contracted rate (a base of 20%, or the higher rate in your individual contract) of the settled net proceeds from a referred player’s in-app purchases for as long as that player keeps playing, with no lifetime ceiling on the total you may earn from that player. This is subject only to termination under clause 17 and our right to vary the rates and thresholds prospectively under clause 18 (a variation never reduces amounts already accrued).

3.4 Attribution window.A referred player’s purchases only generate a spend share where they occur within 180 days of that player redeeming your code; purchases after that window earn nothing.

3.5 No earnings from ineligible or player-to-player codes. Cash earnings under this clause 3 arise only from genuine creator referrals. Player-to-player invite rewards (in-game cosmetics and gold) do not generate cash and are governed by the in-App rules, not this Agreement.

4.1A referral qualifies only when all of the following are true: the player redeemed your code once, on a genuinely new and attested device and account; verified their email address; and passed our server-side eligibility and activity checks. The level-20 and “maxed” bounties additionally require genuine, server-witnessed play — distinct play sessions separated by realistic gaps, in-combat activity, boss clears, and (for the maxed bounty) a minimum share of self-dealt clearing damage — not idle connection time and not progress obtained by being carried.

4.2 We determine qualification server-side and acting reasonably, using device attestation, device and network signals, velocity checks, and cohort analysis. The specific numeric fraud thresholds are confidential and are not disclosed, but the categories of signal we rely on are described in this clause and in our Privacy Policy.

4.3 Self-referral and referral rings are prohibited. You must not redeem your own code, use alternate accounts or devices to redeem it, or coordinate, incentivise, or arrange artificial installs, purchases, or progression.

5.1 Holds. Level-20 and maxed bounties are held for 30 days after they accrue. Spend-share amounts are held for 180 daysafter they accrue and are not released until the underlying purchase is also past Apple’s refund and dispute window.

5.2 Rolling reserve. We retain a 15% rolling reserve of otherwise-payable amounts, released after a further 120 days, to cover later refunds, chargebacks, and reversals.

5.3 Payment floor and cadence. We pay monthly, and only once your cleared, payable balance reaches AUD $20.00, and only after clauses 2, 11, 12, and 13 are satisfied. Amounts below the floor roll over to the next period. As an alternative to cash, you may elect to receive in-game value (gold or a cosmetic) at any balance; an in-game election is not a cash debt and is not subject to the floor.

5.4 Phase 1 (preview only — no cash entitlement). The Program launches in an initial Phase 1 during which the ledger records only a non-binding preview of what you would earn, and no cash is payable. A Phase 1 preview entry is not a debt, is not money you have “earned,” and creates no entitlement to payment.

(a) If we activate Phase 2, the amounts previewed during Phase 1 that relate to still-valid, non-clawed-back referrals crystallise and become payable under the ordinary holds, reserve, clawback, KYC, tax, and sanctions rules in this Agreement.

(b) If the Program does not proceed to Phase 2, no cash is payable in respect of Phase 1, and we may close Phase 1 without any cash payment.

(c) We will describe Phase 1 as a non-binding preview, and notas a way to “earn”, “bank”, or be “owed” money, so that no reasonable Creator forms the impression they are accruing a cash entitlement during Phase 1.

6.1 If a referred purchase is refunded, charged back, reversed, or found to be fraudulent, or if a referral is later found to be ineligible (including on a player ban or a progress rollback), the associated amount is reversed. If we have already paid it, it becomes a debt you owe us, or we may set it off against amounts we would otherwise pay you.

6.2 We will notify you of any clawback or set-off (by email and on your dashboard) and give you a 14-day notice and dispute window before we net the amount, except where we reasonably suspect fraud.

6.3 A Creator carrying an unrecovered negative balance is frozen from further payout until the balance is cleared. Where a payout email address is associated with an unrecovered negative balance, we may decline to pay out to that address for another Creator account only where we reasonably believe the accounts are controlled by, or operated for the benefit of, the same person or entity. We will not block an unrelated third party who genuinely had nothing to do with the original balance.

7.1Prohibited conduct includes fraud, fake or incentivised installs, self-referral, botting or automation of gameplay, misrepresenting your relationship with us, and breaching Apple’s or any other platform’s rules.

7.2 On reasonable suspicion of prohibited conduct we may suspend accruals and payouts and freeze your codes pending investigation. On a finding of prohibited conduct we may terminate your participation and forfeit unpaid amounts connected to that conduct, and recover amounts already paid that are connected to it.

7.3 Forfeiture under 7.2 is limited to amounts connected to the prohibited conduct, together with our reasonable costs of investigation and recovery.

8.1 You must comply with the Australian Consumer Law (and the equivalent consumer-protection law of your own jurisdiction): no misleading or deceptive conduct, no false or unsubstantiated claims about the game, and clear, prominent disclosure that your content is a paid or commercial promotion(for example “#ad” or a paid-partnership label).

8.2You must not disparage us, imply official endorsement beyond describing yourself as an “official Kierstein’s Fallen LandsCreator”, target under-age audiences with paid-promotion messaging, or use spam or incentivised-download tactics that breach Apple’s App Store Review Guidelines.

8.3 You are responsible for your own audience disclosures and for complying with the advertising, gambling, loot-box, and content-classification rules that apply in your territory.

9.1 We issue you one or more unique referral (vanity) codes for use solely in promoting the App under the Program. Each code is licensed to you on a personal, non-exclusive, non-transferable, revocable basis for the term of this Agreement. You must not sell, share, sublicense, or transfer a code. We may reserve, reassign, change, freeze, or reclaim a code (for example on suspected fraud, on expiry, or to protect our brand), and any goodwill in the code accrues to us.

9.2 We grant you a limited, non-exclusive, non-transferable, royalty-free, revocable licence, for the term, to use the Kierstein’s Fallen Lands name, logo, artwork, screenshots, and gameplay footage solely to create and distribute genuine promotional content about the App.

9.3 The licence in 9.2 is subject to our brand guidelines, does not permit any misleading or derogatory modification, does not grant you any trademark-registration right, and terminates on termination of this Agreement (subject to 9.5).

9.4 All goodwill in our marks accrues to us. You must not register, or attempt to register, any trademark, business name, or domain name that is identical or confusingly similar to our marks.

9.5 Content you published in good faith before termination may remain published, but on and from termination you must stop creating new content using our marks or codes.

10.1 You retain ownership of the content you create.

10.2 You grant us a non-exclusive, worldwide, royalty-free licence to use your handle, channel name, profile image, and identified promotional content to feature you (for example in a Featured Creators surface, a leaderboard, a Herald title, or the /creators page) and to promote the App and the Program.

10.3 You warrantthat you own or are licensed to grant the rights in 10.2, and that your content does not infringe any third party’s rights. To the extent permitted by law, you consent, for the purposes of the Copyright Act 1968 (Cth), to acts or omissions that would otherwise infringe your moral rights (for example use without attribution in small ad formats, and reasonable adaptation across platforms), and you confirm you have obtained equivalent consents from any individual appearing in your content.

11.1 You are solely responsible for your own income tax, GST, and any other taxes on the amounts you earn, and for any tax registrations required in your jurisdiction. We are not your employer and do not remit tax on your behalf, except for any withholding we are legally required to make (see clause 13).

11.2 If you are an Australian-resident Creator, you must provide a valid Australian Business Number (ABN). This is the default and expected basis on which we pay Australian-resident Creators. We will accept a Statement by a supplier in place of an ABN only where one of the narrow statutory reasons in that form genuinely applies to you. Because your participation is structured as an independent-contractor business, the “private recreational pursuit or hobby” reason will usually not be available; we may decline it and instead require an ABN, or withhold as set out in clause 13.

11.3 If you are a non-resident Creator, you must provide the tax-residency information and declarations we request (for example a self-certification, or a W-8BEN or equivalent form, and any documentary evidence needed to claim a Double Tax Agreement rate) so that we can determine any withholding that applies.

11.4 Default withholding pending documentation. Until you have given us satisfactory residency and, where relevant, treaty documentation, we will withhold at the default rate applicable to the character of the payment. Because the spend share may be treated as a royalty, that default may be up to 30% for a foreign resident. We apply a reduced Double Tax Agreement rate only from the time we have received adequate documentary evidence, and are not obliged to apply a reduced rate retrospectively.

12.1 If you are registered for GST in Australia, the amounts in clause 3.1 are exclusive of GST and we will add a GST component (a gross-up) on top, which we will pay only against a valid tax invoice or a recipient-created tax invoice (RCTI) issued under a separate RCTI agreement.

12.2 If you are not registered for GST, no GST component is payable.

13.1 Before any cash payment we may require identity verification (KYC), the tax declarations described in clause 11, and sanctions screening. We may withhold payment until these are complete.

13.2 We will deduct and remit any withholding tax we are legally required to from your payments — including any default foreign-resident withholding under clause 11.4 — and, where required, report it to the ATO. We will give you a record of the amounts withheld.

13.3 If screening returns a sanctions match, or if we otherwise cannot lawfully pay you, we may hold or refuse payment and terminate your participation.

14.1 The Program is provided “as is”. To the extent permitted by law, we exclude implied warranties and are not liable for any indirect or consequential loss, or loss of profit or revenue.

14.2 To the extent permitted by law, our aggregate liability to you is limited to the greater of (a) the total amounts we paid or were payable to you in the 12 months before the event giving rise to the claim, and (b) AUD [amount] — a fixed minimum so that this limit is not effectively zero during Phase 1 or before your first payout.

14.3 Nothing in this Agreement excludes, restricts, or modifies any consumer guarantee or other right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where our liability for failure to comply with a consumer guarantee can be limited, our liability is limited (at our option) to re-supplying the services or paying the cost of having them re-supplied.

14.4 You indemnify usagainst loss we suffer arising from your breach of this Agreement, your content, your misleading or deceptive conduct, your infringement of a third party’s rights, or your breach of tax, sanctions, or platform obligations — except to the extent the loss was caused by our own negligence or breach, and reduced proportionately to the extent we contributed to it.

15.1 We have drafted this Agreement to be fair and reasonable, and to protect only our legitimate business interests (the integrity of payouts, the prevention of fraud, and the protection of our brand).

16.1 You must keep confidential any non-public information we share with you (including fraud thresholds, unreleased features, and Program metrics).

16.2 We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988(Cth) and the Australian Privacy Principles. For the referral program we collect, in relation to referred players, device attestation (Apple App Attest and DeviceCheck), a hashed form of IP address, coarse device identifiers, gameplay activity signals, in-app purchase settlement data (used to calculate the spend share), and account identifiers including user ID, email address, and display name; for Creators we also collect KYC identity data, tax data, and payout details. A referred player’s data is shared with you only with that player’s consent and, where shared, in a de-identified or aggregated form, and never for a minor.

17.1 This Agreement starts on your acceptance and continues until terminated.

17.2 Either party may terminate for convenience on 14 days’ written notice. We may terminate or suspend your participation immediately for breach, fraud, sanctions or other legal risk, or a platform requirement.

17.3 On termination: the code and brand licences end (subject to 9.5); amounts already qualified and cleared remain payable subject to the holds, reserve, clawback, KYC, tax, and sanctions terms; and clauses 6, 7, 10, 11–14, 16, 19, and 21 survive.

18.1 We may vary this Agreement or the Program (including the rates and thresholds) prospectively by publishing an updated version and, for a material change, giving you reasonable notice. Your continued participation after the effective date of a change is your acceptance of it. A change does not reduce amounts already accrued before the change took effect.

19.1 This Agreement is governed by the laws of Queensland, Australia.

19.2 The parties submit to the non-exclusive jurisdiction of the courts of Queensland and of the courts competent to hear appeals from them.

19.3 Before starting court proceedings, the parties will attempt in good faith to resolve any dispute, and may refer it to mediation through a recognised Australian mediation body — except that either party may seek urgent injunctive relief at any time.

20.1 The Program is contract-basis. Your binding agreement with us is your individual creator contract, negotiated and agreed by email — it sets your spend-share rate and any other creator-specific terms. This page is an overview only and is not a click-through agreement: you do not, and cannot, form a binding contract merely by reading it or by ticking a box on this website.

20.2 You accept your individual creator contract in the manner it specifies (for example, by replying to confirm your agreement to the emailed terms). We record the version of these overview terms, and the date and content of the emailed terms you agreed, as evidence of what was agreed.

20.3 You consent to contracting electronically (including by email) and to receiving notices from us electronically. Where your individual contract and this overview differ, your individual contract governs.

21.1 Entire agreement. This Agreement, with the documents it refers to (including the Privacy Policy and any brand guidelines), is the entire agreement between us about the Program.

21.2 Assignment. You must not assign or novate this Agreement without our consent; we may assign it on notice to you.

21.3 Severance. If a term is unenforceable, it is read down to the extent needed to make it enforceable or, if it cannot be, severed, without affecting the rest of this Agreement.

21.4 No waiver. A delay or failure to enforce a term is not a waiver of it.

21.5 Notices. We may give notices by email or through your dashboard; you may give notices to us at [notice address].

21.6 Survival. The clauses identified in 17.3 survive termination.