1. About the Referral Program
The Company (“linkfluencer Pty Ltd”) engages the Referral Partner from the date accepted as a Referral Partner for the limited purpose of promoting certain brands and brand content, through the Referral Partner's databases including and not limited to; social media channels, blog, email database, podcast, events and client database where applicable. The nature of the brand content to be promoted and the details and requirements of the promotion are outlined in Schedule A & B (“Brand Guidelines”). The Company appoints a Referral Partner as its representative on a non-exclusive, non-employee basis to endorse and promote its services to the target audience.
2. Acceptance of the Terms.
You accept these terms by agreeing to become a Referral Partner.
3. Date of Performance
The Referral Partner will be a part of the program whilst they are regularly promoting the Services or until either party requests to cancel as per Term 8.
The Referral Partner will deliver a promotional campaign on their platforms on behalf of the Company as outlined in Schedule C. The Services shall conform to the specifications and instructions of the Company as outlined in Schedule B and abide by the rules of the relevant media platforms.
The Referral Partner acknowledges and agrees that the Company for the purpose of performing the services under these Terms shall own, exclusively and in perpetuity, all rights of whatever kind and character, throughout the universe and in all languages, in and to the videos, photographs, text and/or all works of similar nature produced, developed, or created by Referral Partner for these Terms, and all intellectual property rights thereto, including trademarks, trade secrets, trade dress, design, mask work, copyrights, and patent rights (collectively, the “Content”), including the right to sublicense the Content to Company's brand partners (the “Brand Affiliates”). Notwithstanding the foregoing, the Referral Partner may delete posts from his/her channels of promotion after a period of 7 days from publish date.
The Referral Partner grants the Company and Brand Affiliates a limited, non-exclusive, royalty free, right and license to feature Content generated by the Referral Partner as part of the Campaign (including the Referral Partner's name and likeness) on Company's and Brand Affiliates owned and controlled social media platforms and within third-party digital and broadcast platforms and print platforms including but are not limited to; ad networks, email marketing, paid search listings, television, radio, newspapers, magazines and brochures, podcasts, Facebook, Instagram, Twitter, LinkedIn, YouTube, Pinterest, Vine, Google+ and website blogs whilst being a Referral Partner.
The Company grants the Referral Partner a temporary license to use the Brand Affiliate's name and promotional materials as may be necessary to achieve the promotional purpose but only in compliance with the Guidelines and only to achieve the promotional purpose as described in the Schedule A. The Referral Partner grants the company a perpetual license to use the Referral Partner's name and likeness in all media including the company website and the brand website and on social media sites and in all formats of print and digital media advertising.
Either party may cease working together upon 30 days prior written notice. In addition to any right or remedy that may be available to the Company under these Terms or applicable law, in addition, if the Referral Partner has breached these Terms, the Company may (i) immediately suspend, limit or terminate the Referral Partner's access to any Company account, (ii) instruct the Referral Partner to cease all promotional activities or make clarifying statements and (iii) stop all payments being made out to the Referral Partner for any active users or sub-Referral Partners they may have referred. The Referral Partner shall immediately comply with these steps. Any remaining commissions owed to the Referral Partner from their referrals will be paid even if the minimum amount of $250 AUD payout has not been reached.
9. Confidentiality and Exclusivity
During the course of the Referral Partner's performance of services for the Company, the Referral Partner will receive, have access to and create documents, records and information of a confidential and proprietary nature to the Company and customers of the Company. The Referral Partner acknowledges and agrees that such information is an asset of Company or its clients, is not generally known to the trade, is of a confidential nature, and to preserve the goodwill of Company and its clients must be kept strictly confidential and used only in the performance of the Referral Partner's duties under these Terms. The Referral Partner agrees that he/she will not use, disclose, communicate, copy or permit the use or disclosure of any such information to any third party in any manner whatsoever except to the existing employees of the Company or as otherwise directed by the Company during the Referral Partner's performance of services under these Terms, and thereafter only with the written permission of Company. Upon termination of these Terms or upon the request of the Company, the Referral Partner will return to the Company all the confidential information, and all copies or reproductions thereof, which are in the Referral Partner's possession or control.
In full consideration of the Referral Partner's performance, his/her obligations and the rights granted herein, the Referral Partner shall be paid $100 AUD (including GST) for the life of that membership minus any processing fees from third-party payment providers or refunds. This does not include any future ongoing sales from the referral. In the case that a Referral Partner is in arrears due to refunds, the Referral Partner will pay this back in 30 days through new sales referred or send a refund to The Company’s bank account on request from The Company. The Referral Partner will otherwise perform the services at his/her expense and use his/her resources and equipment.
Referral Partner acknowledges that the agreed upon compensation represents Referral Partner's entire compensation with respect to these Terms, and the company shall have no other obligation for any other compensation to or expenses or costs incurred by Referral Partner in connection with the performance of its obligations under these Terms. If Referral Partner has obtained employees or agents (the “Referral Partner Personnel”), Referral Partner shall be solely responsible for all costs associated with Referral Partner Personnel.
11. Payment Terms
For commissions, payments will be made via PayPal or Bank Transfer at the start of each month based on new or renewed memberships over the past 30 days. Commissions have a minimum payout of $250 AUD. Payments can be tracked through a 3rd Party Partner Software called First Promoter, which can be accessed at any time by the Referral Partner. Login details for the Referral Partner dashboard will be sent to the Referral Partner separately by the Company.
12. Material Disclosure
When publishing posts/statuses about the company's products or services, the Referral Partner must clearly disclose his/her “material connection” with the company, including the fact that the Referral Partner was given any consideration, was provided with certain experiences or is being paid for a particular service.
The above disclosure should be clear and prominent and made in proximity to any statements that the Referral Partner makes about the Company or Company's products or services. Please note that this disclosure is required regardless of any space limitations of the medium (e.g. Twitter), where the disclosure can be made via Hashtags, e.g. #sponsored.
The Referral Partner's statements should always reflect the Referral Partner's honest and truthful opinions and actual experiences. The Referral Partner should only make factual statements about the Company or Company's products which the Referral Partner knows for certain are true and can be verified.
13. Force Majeure
If either party is unable to perform any of its obligations by reason of fire or other casualty strike, act or order of public authority, death, act of God, or other cause beyond the control of such party, then such party shall be excused from such performance during the pendency of such cause. If one party is unable to continue, the Terms will be terminated.
14. Independent Contractor
The Referral Partner is retained as an independent contractor of the Company. The Referral Partner acknowledges and agrees that (i) the Referral Partner is solely responsible for the manner and form by which the Referral Partner performs under these Terms, and (ii) the Referral Partner is a self-employed individual, who performs services similar to the services outlined in Schedule A for various entities and individuals other than the Company.
The Referral Partner is responsible for the withholding and payment of all taxes and other assessments arising out of the Referral Partner's performance of services, and neither the Referral Partner nor any of the Referral Partner's employees or independent clients shall be entitled to participate in any employee benefit plans of the Company.
15. Representation and Warranties
Parties represent and warrant to each other that each is free to enter into these Terms and that this engagement does not violate the terms of any Terms between any third party.
Schedule A: Brand Guidelines
In respect to the Referral Partner and their audience, the Company understands that they would know how to best communicate and present the Company and Brand Affiliates to their community. Inside the Referral Partner's dashboard, the Company has provided a number of resources that will help the Referral Partner understand how the Company is positioning itself and Brand Affiliates into the marketplace.
These resources may include; email scripts, social media images, website banners and a positioning guide. The resources can be used as they are, however, the Company recommends the Referral Partner tailors these to their audience. In the event, the Referral Partner would like to create custom content to be shared with the audience including but not limited to; imagery, blog posts, reviews, podcasts, videos and animations should be reviewed first by a representative of the Company before being posted. The Company may request to use their internal designer or approve a custom designed asset before it is posted by the Referral Partner.
Schedule B: Scope of Works
The Referral Partner is required to regularly promote the Company and/or Brand Affiliates to their respective communities.