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Mates Rates

Find out about our Mates Rates program. Earn 5% of each referral you make!

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mates rates program agreement

Updated: 14th April 2010

This Mates Rates Referral Program Agreement (“Agreement”) contains the terms and conditions that govern your participation in thepowertool Pty. Ltd. Referral Program (the “Program”) By including your referral code, or encouraging or allowing your referral code to be included, on any thepowertool account sign-up, you agree to the terms and conditions of this operating agreement, or by continuing to participate in the program following our posting of a change notice, revised operating agreement, or revised operational documentation on the thepowertool site, you (a) agree to be bound by this operating agreement; (b) acknowledge and agree that you have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as expressly set forth in this operating agreement; and (c) hereby represent and warrant that you are lawfully able to enter into contracts (e.g., you are not a minor) and that you are and will remain in compliance with this operating agreement, including the mates rates program participation requirements.

Definitions

We, us, our, means thepowertool Pty Ltd and any affiliate companies, directors and partners as the case may be. “You” or “your” means the referring party, being either a person, a company or other legal business entity. "Mate" is a person or company recommended to thepowertool through a Mates Rate code. A “site” means a website. “thepowertool site” means the thepowertool.com.au. “Your site” means any site(s) and any software application(s) that you link to the thepowertool site.

Description of the program

The purpose of the Program is to permit you to refer thepowertool by word of mouth, by email, advertising on a website or otherwise representing thepowertool to prospective clients and to earn a commission for introducing the client to thepowertool. Thepowertool is an online saas (software as a service) that facilitates the payment process in compliance with Australian, New Zealand and Singaporean security of payment legislation.

Registration

Upon registration with thepowertool you will be allocated a Mates Rates code. You may nominate this code when referring a new mate to thepowertool. Your mate may include this code in an application for registration in order to qualify for the Mates Rates discount. You will ensure that the information in your thepowertool registration and otherwise associated with your account and your referrals, including your referral code, email address and other contact information and identification of yourself and any website, is at all times complete, accurate, and up-to-date. We may send notifications, approvals, and other communications relating to the Program and this Operating Agreement to the email address then-currently associated with your Program account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current. We will not be held liable for any loss of income as a result of any incorrect information that you or any mate you introduce provides.

De-Registration

We may, at our absolute discretion, de-register you from the system and remove your Mates Rates referral code, without notice, if we determine that your activities are unsuitable or incompatible with our objectives, or otherwise contravene this agreement. Unsuitable or incompatible activities include, but are not limited to those that: (a) Misrepresent the purpose, capability or functionality of thepowertool service and software; (b) Would be regarded as unethical conduct in the construction industry; (c) violate the intellectual property rights of any party, including thepowertool. (d) Accepting additional payments, other than the agreed commission. (e) Offering discounted or rebated commissions. (f) Referring thepowertool to yourself or to an allied or associated trading entity.

Unsuitable sites or material include those that: (a) promote or contain sexually explicit materials; (b) promote violence or contain violent materials; (c) promote or contain libelous or defamatory materials; (d) promote discrimination, or employ discriminatory practices, based on race, sex, religion, nationality, disability, sexual orientation, or age; (e) promote or undertake illegal activities.

De-registration will result in the immediate suspension and/or forfeit of commission payments. You may re-apply for registration in person. Your re-registration will be considered if you undertake to cease all unsuitable or incompatible activities.

Marketing And Advertising

You may represent or advertise thepowertool at your own discretion, including by word of mouth, with print material, by email or on a website. You are responsible for the entire cost of your own advertising and marketing, including time and materials. You may only use thepowertool images and logos provided by us, in their entirety, for the purpose of including them on your marketing and advertising material. In order to facilitate your referrals whether by word of mouth, email, website or other means, we may make available to you, at our absolute discretion, data, images, text, link formats, and other information about thepowertool and the program. by registering with the program you consent to receive emails from us, about the program, from time to time. We agree not to disclose your contact details to any third party, other than directly affiliated companies (eg., AIQS Authorised Nominating Authority) without your express written approval.

Terms And Conditions

By participating in the program you agree to abide by the terms and conditions or this agreement, thepowertool terms and conditions of business and thepowertool privacy policy. Customers who register through through this program are our customers with respect to all activities they undertake in connection with thepowertool. Accordingly, all pricing, terms of sale, rules, policies, and operating procedures concerning customer orders, customer service, and any other matters set out on thepowertool site will apply to those customers, and we may change them at any time.

Referral Fees

We will pay you referral fees in accordance with Schedule 1 to this agreement. Referral fees will accrue monthly and be paid to you by credit card transaction in accordance with the schedule. You must provide us with a valid credit card to receive moneys. All fees are paid in Australian dollars. Your referral fee will commence with the first payment of a referred mate. Please note that your mate's reward for using your referral is one months free use of the system, for which you will not receive a referring fee. Your referral fee for any particular referral will cease if your referred mate leaves thepowertool and ceases to pay for the system. We will advise you when one of your mates leaves the system. You may contact them to see why they have left and if there is anything we can do to recover their business. Thepowertool will assist you in this process to the extent we are able. You and your mates must ensure that your referral code is correctly transmitted in a referral. We will not be responsible for any loss of income as a result of the use of an incorrect code. However, we will correct an error if you notify us by email that an error has been made, with the details of the referred customer, your referral code and any other information we may need to make the correction. This will not entitle you to back-commissions.

Identifying Yourself As An Associate

You will not issue any press release or make any other public communication with respect to this Agreement, your use of provided content, or your participation in the program. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to any charity or other cause), or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement. You must, however, make it clear when making a referral that you are participating in this program.

We are not responsible for any conflict of interest you may have between your participation in this program and any other business or employment that you are associated with. It is entirely your responsibility to identify and disclose any conflict of interest that might exist before proceeding with a referral. If you identify a conflict of interest that could be regarded as illegal or unethical activity or that would harm the business or reputation of thepowertool, you must not proceed with the referral.

Limited License

Subject to the terms of this Agreement and solely for the limited purposes of advertising thepowertool on, and directing mates to, thepowertool site in connection with the program, we hereby grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license to (a) copy and display thepowertool images and any copy from thepowertool website solely on your marketing material or website; and (b) use only those of our trademarks and logos that we may make available to you.

The license set forth in this Section will immediately and automatically terminate if at any time you do not timely comply with any obligation under this Agreement, or otherwise upon termination of this Agreement. In addition, we may terminate the license set forth in this Section in whole or in part upon written notice to you. You will promptly remove from your advertising material and your website and delete or otherwise destroy all thepowertool content and images from your systems and archives.

Compliance With Laws

In connection with your participation in the Program you will comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over you, including laws (federal, state, or otherwise) that govern marketing email.

Term and Termination

The term of this Agreement will begin upon your registration on the system and will end when terminated by either you or us. Either you or we may terminate this Operating Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon any termination of this Operating Agreement, any and all licenses you have with respect to Content will automatically terminate and you will immediately stop using thepowertool content and images and promptly remove from your marketing material and website and delete or otherwise destroy all links to thepowertool site and all images, content, and any other materials provided or made available by or on behalf of us to you under this Agreement or otherwise in connection with the program. We may withhold accrued unpaid referral fees for a reasonable period of time following termination to ensure that the correct amount is paid (e.g., to account for any cancelations or returns). Upon any termination of this Operating Agreement, all rights and obligations of the parties will be extinguished, except that any accrued but unpaid payment obligations of us under this Agreement, will survive the termination of this Agreement. No termination of this Agreement will relieve either party for any liability for any breach of, or liability accruing under, this Agreement prior to termination.

Modification

We may modify any of the terms and conditions contained in this Agreement at any time and in our sole discretion by posting a change notice, revised agreement, or revised documentation on thepowertool.com.au site. Modifications may include, for example, changes to the Fee Schedule, participation requirements, payment procedures, and other program requirements. If any modification is unacceptable to you, your only recourse is to terminate this operating agreement. Your continued participation in the program following our posting of a change notice, revised agreement, or revised documentation on thepoweertool.com.au site will constitute your binding acceptance of the change.

Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us or our respective affiliates. You will have no authority to make or accept any offers or representations on our or our affiliates’ behalf. You will not make any statement, whether on your site or otherwise, that contradicts or may contradict anything in this section. If you authorise, assist, encourage, or facilitate another person or entity to take any action related to the subject matter of this Agreement, you will be deemed to have taken the action yourself.

Limitation of Liability

We will not be liable for indirect, incidental, special, consequential, or exemplary damages (including any loss of revenue, profits, goodwill, use, or data) arising in connection with this operating agreement, the program, operational documentation, thepowertool site, or the service offerings, even if we have been advised of the possibility of those damages. Further, our aggregate liability arising in connection with this operating agreement, the program, thepowertool site, and the service offerings will not exceed the total referral fees paid or payable to you under this operating agreement in the twelve months immediately preceding the date on which the event giving rise to the most recent claim of liability occurred.

Disclaimers

The program, thepowertool site, any products and services offered on thepoweretool site, any special links, link formats, operational documentation, content, thepowertool.com.au domain name, our and our affiliates’ trademarks and logos, and all technology, software, functions, materials, data, images, text, and other information and content provided or used by or on behalf of us or our affiliates or licensors in connection with the program (collectively the "service offerings") are provided "as is."

Neither we nor any of our affiliates or licensors make any representation or warranty of any kind, whether express, implied, statutory, or otherwise with respect to the service offerings. Except to the extent prohibited by applicable law, we and our affiliates and licensors disclaim all warranties with respect to the service offerings, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, and quiet enjoyment, and any warranties arising out of any course of dealing, performance, or trade usage.

We may discontinue any service offering, or may change the nature, features, functions, scope, or operation of any service offering, at any time and from time to time. Neither we nor any of our affiliates or licensors warrant that the service offerings will continue to be provided, will function as described, consistently or in any particular manner, or will be uninterrupted, accurate, error free, or free of harmful components.

Neither we nor any of our affiliates or licensors will be responsible for (a) any errors, inaccuracies, or service interruptions, including power outages or system failures; or (b) any unauthorised access to or alteration of, or deletion, destruction, damage, or loss of, your site or any data, images, text, or other information or content.

No advice or information obtained by you from us or from any other person or entity or through the program, content, operational documentation, thepowertool site will create any warranty not expressly stated in this operating agreement. Further, neither we nor any of our affiliates or licensors will be responsible for any compensation, reimbursement, or damages arising in connection with (x) any loss of prospective profits or revenue, anticipated sales, goodwill, or other benefits, (y) any investments, expenditures, or commitments by you in connection with this operating agreement or your participation in the program, or (z) any termination of this operating agreement or your participation in the program.

Disputes

Any dispute relating in any way to the Program or this Agreement in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 will be submitted to mediation and arbitration with the Institute of Arbitrators and mediators, Queensland Division, and you hereby consent to exclusive jurisdiction and venue in that jurisdiction. The laws of the State of Queensland, without regard to principles of conflicts of laws, will govern this Agreement and any dispute of any sort that might arise between you and us. Notwithstanding anything to the contrary in this Agreement, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our or any other person or entity’s intellectual property or proprietary rights. You further acknowledge and agree that our rights in the Content are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated or adequately compensated for in monetary damages.

Schedule 1 - Fees and Payment

Referral Fee is 5% of the monthly subscription (ex GST) for the duration of the subscription. Minimum payment will be $100. Payments less than $100 will be held until the payment exceeds $100 or the end of the Australian financial year.

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