BONUSMONEY PTY LTD ABN 73 619 035 746
Referral Program Agreement
The Company provides the BonusMoney online application that provides recommendations and tips on match betting and special offers provided by third-party betting agents. The Company offers Users of BonusMoney commissions for referring new subscribers to BonusMoney on the terms of this Referral Program Agreement.
1.1 The following definitions apply in this document:
(a) ABN means Australian Business Number.
(b) Agreement means this Referral Program Agreement.
(c) BonusMoney means:
i The BonusMoney digital platform accessible from https://www.bonusmoney.com.au;
ii Any BonusMoney mobile application.
(d) Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Melbourne, Australia.
(e) Commissions means the commissions payable from the Company to the Partner for Referred Customers set out in the Particulars of this Agreement.
(f) Commission Rate means the rate of Commissions described within BonusMoney as updated by the Company from time-to-time, or as otherwise agreed between the Company and the Partner.
(g) Company means BonusMoney Pty Ltd ABN 73 619 035 746.
(h) GST has the same meaning as in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(i) Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trade marks, brand names, business names, domain names and other forms of intellectual property.
(j) Intellectual Property Rights means, for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property, applications for the registration of any Intellectual Property and any improvements, enhancements or modifications to any Intellectual Property registrations.
(k) Partner means a User that qualifies for receiving Commissions on the terms of this Referral Program Agreement.
(l) Privacy Act means the Privacy Act 1988 (Cth);
(n) Prospects means any prospective user of BonusMoney introduced to the Company by the Partner.
(o) Referred Customers means any Prospect introduced by the Partner that becomes a paying user of BonusMoney.
(p) Sales Materials means sales and marketing material prepared by the Company in respect of BonusMoney and approved by the Company for use by Partner, as notified by the Company to Partner from time to time.
(q) Special Conditions means the provisions set out in, attached to or made by reference to this Agreement entitled “Special Conditions”.
(r) Terms of Service means the Company’s Terms of Service that apply to all use of BonusMoney accessible at https://bonusmoney.com.au/terms/.
(s) Use of Materials Guidelines means the Company’s guideline for the use by Partner of Sales Materials and the Company’s trade marks, branding and logos, as notified by the Company to the Partner from time to time.
(t) User means any registered User of BonusMoney.
2 Referral Program Agreement
2.1 The Company agrees to provide the Commissions to the Partner on the terms of this Agreement.
2.2 The Partner agrees and accepts the terms of this Referral Program Agreement.
2.3 The Company may amend, replace or discontinue this Referral Program Agreement at any time at its sole discretion. The Company shall notify the Partner of any changes or discontinuation of this Referral Program Agreement by providing 14 days written notice.
3.1 Becoming a Partner. A User must meet the following criteria in order to qualify as a Partner:
(a) Be a registered User of Bonus Money with an active Bonus Money Pro subscription;
(b) Accept the terms of this Referral Program Agreement.
(c) Not be in breach of the Terms of Service, including all subscription fees being fully paid; and
(d) Comply with any additional requirements set by the Company to be eligible for Commissions from time-to-time, including any registration process.
(a) The Company authorises the Partner to promote BonusMoney and refer Prospects to subscribe to BonusMoney on the terms set out in this Referral Program Agreement (Authorisation).
(b) The Company agrees to pay the Partner the Commissions in return for any Prospects that become paying users of BonusMoney.
(c) The Authorisation shall be on an ongoing basis until the earlier of:
i The Partner ceases being a User of BonusMoney;
ii The Partner is disqualified by the Company from being a Partner;
iii The agreement between the Partner and the Company under the Terms of Service is terminated; or
iv The Authorisation is terminated in accordance with this Agreement.
3.3 Referral Process. The Partner must follow any referral process notified by the company from-time-to time in order to be eligible for Commissions. Such referral process shall be additional to the following terms:
(a) The Company shall be responsible for all sales of BonusMoney subscriptions to a Prospect;
(b) The Company shall have a direct agreement with each Referred Customer for their access to BonusMoney in accordance with the Terms of Service;
(c) The Referred Customer shall be directly liable to the Company for all fees and charges payable for use of BonusMoney;
(d) If the relationship between the Referred Customer and the Partner ceases for any reason (if they do so), it shall not affect the relationship between the Company and the Referred Customer, nor the ongoing payment of the Commissions to the Partner for that Referred Customer; and
(e) The Authorisation is non-exclusive.
4.1 Company Responsibilities. During the Term, the Company shall (without limitation):
(a) Promptly attend to any referral of a Prospect made by the Partner;
(c) Provide the Partner with a summary of all Referred Customers on a monthly basis, within 21 days of the end of each month (which may be viewable within BonusMoney); and
(d) Pay the Partner the Commissions.
4.2 Partner Responsibilities. During the Term, the Partner shall (without limitation):
(a) Promptly refer any relevant Prospect to the Company;
(b) Refrain from making any representations on behalf of the Company about BonusMoney, including pricing information, without the prior written approval of the Company;
(c) Deal with Prospects in a professional manner;
(d) Not use any Sales Materials or the Company’s Intellectual Property otherwise than in accordance with this Agreement, the Terms of Service or anuy direction of the Company;
(e) Provide the Company with the Partner’s PayPal account details;
(f) Provide the Company with a valid ABN (if resident in Australia); - do we need this? We can add a field requesting it? Many of our customers won’t have ABN’s and so feel this may be offputting
(g) At all times comply with the:
i Terms of Service; and
ii Any Use of Materials Guidelines.
(h) Not compete directly with Bonus Money through the sale or promotion of similar products or services.
5.1 Commission. The Company agrees to pay the Partner the Commission Rate calculated on the GST-exclusive subscription fees received by the Company from all Referred Customers’ introduced by the Partner (Commissions). For clarity, no Commissions are payable unless payment is received from the Referred Customer.
5.2 Term of Commission.
We wish the payments to be paid at least 1 month after the payment has been made. This is because within a month any new customer can ask for a full refund so we don’t want to be refunding and paying a referral fee
(a) For each Referred Customer introduced by the Partner, Commissions shall be paid to the Partner’s PayPal account commencing on the date that the Referred Customer first becomes a paying user of BonusMoney and shall continue until the earlier of:
i The Referred Customer ceases their BonusMoney subscription.
(b) Commissions will continue to be paid in accordance with (a), notwithstanding that if this Referral Program Agreement is terminated or discontinued by the Company, the Partner’s entitlement to Commissions will immediately cease.
(c) The Rate of Commission shall be reviewed by the Company from time-to-time, which if changed shall apply to all future Referred Customers without affecting existing Commissions on Referred Customers.
5.3 Calculation and Payment of Commission.
(a) Commissions are calculated on the total payments received from relevant Referred Customers in a calendar month.
(b) Commissions are paid within 30 days of the end of each calendar month to the Partner’s nominated PayPal account. No Commissions shall be paid to a bank account or any other service other than an active PayPal account.
(c) The Company will issue the Partner with a Recipient Created Tax Invoice (or if the Service Provider is not registered for GST, just a recipient created invoice) for Commissions. – within the customers affiliate section there is a section showing payments – do we need to create an invoice for each payment. The customer also receives an email notifying them of the sale they have generated
(a) Commissions shall not be payable on any Prospect which already has a bona fide relationship with the Company (whether as a prospect or a customer).
(b) Where this Agreement becomes terminable, or terminated, due to breach by the Partner (including and especially for the Partner competing with BonusMoney) then the Partner agrees that no further Commissions shall be payable to the Partner and the Company shall be released from all of its obligations under this Agreement.
6 Intellectual Property
6.1 Other than any rights specifically granted to the Partner under this Agreement, the Company and the Partner respectively reserve all of its Intellectual Property Rights.
6.2 Nothing in this Agreement shall grant or convey any interest in or transfer any of the Company’s Intellectual Property Rights in BonusMoney or the Company’s businesses as whole to the Partner.
8.1 This Agreement shall be ongoing until validly terminated.
8.2 The Company may terminate this Agreement:
(a) By providing the Partner with 14 days written notice to terminate for convenience; or
(b) Immediately by providing the Partner with written notice if the Partner is in breach of this Agreement.
8.3 The Partner may withdraw from the Agreement, and terminate its participation in it, by providing the Company with 14 days written notice.
9.1 The Partner agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with the Partner’s conduct in connection with the Referral Program Agreement, including any breach by the Partner of this Agreement.
9.2 This clause shall survive the expiry or early termination of this Agreement.
10 amendment and assignment
10.1 The Partner may not assign or otherwise create an interest in its rights under this Agreement.
10.2 The Company may assign or otherwise create an interest in its rights under this Agreement by giving the Partner written notice.
11 ELECTRONIC COMMUNICATION & NOtices
11.1 The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.
11.2 The parties acknowledge and agree that this Agreement is binding upon each party if executed digitally and conveyed by electronic communication.
11.3 A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.
11.4 Notices to the Partner must be sent to the contact details as notified and updated by the Partner from time-to-time, which in default shall be the contact details connected with their BonusMoney account.
11.5 Notices to the Company must be sent to:
BonusMoney Pty Ltd
u17 33 johnston Street
12.1 Special Conditions. The parties may agree to any Special Conditions to this Agreement in writing.
12.2 Prevalence. To the extent that the Special Conditions are inconsistent with this Agreement, the Special Conditions will prevail.
12.3 Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.
12.4 Waiver. No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
12.5 Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.
12.6 Governing Law. The laws of the state of Victoria, Australia govern this Agreement. Each of the parties hereby submits to the non-exclusive jurisdiction of the courts with jurisdiction there.
12.7 Severability. Any clause of this Agreement, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.
12.8 Interpretation. Headings are only for convenience and do not affect interpretation. The following rules apply unless the context requires otherwise:
(a) The singular includes the plural and the opposite also applies.
(b) If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.
(c) A reference to a clause refers to clauses in this Agreement.
(d) A reference to legislation is to that legislation as amended, re‑enacted or replaced, and includes any subordinate legislation issued under it.
(e) Mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included.
(f) A reference to a party to this Agreement or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives).
(g) A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
(h) A reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets.
(i) A reference to dollars or $ is to an amount in Australian currency.[/cs_text][/cs_column][/cs_row][/cs_section][/cs_content]