Affiliate Program Agreement
This Affiliate Program Agreement (“Agreement”) is made and entered into by and between Migration Expert Pty. Ltd. (ABN 13 101 197 157), an Australian company (“Company”), and the party submitting an application to become a Company affiliate (“Affiliate”).
1. Application Assessment
The Company retains absolute discretion to approve or reject any Affiliate Program Application. Should your application not be successful, the Company is not obliged to provide a reason, and there will be no legal recourse against the Company.
2. Earning Commissions
As an Affiliate, you are entitled to a commission of 20% of the revenue generated from each sale, excluding any government fees. Please note that commissions will only be paid on sales made through approved Affiliate links and when the payment is considered as earned by the Company.
3. Payment Schedule
Commission payments will be issued on a monthly basis, provided your earned commission exceeds $100. If your commission for a given month does not meet this threshold, it will be rolled over to the subsequent month.
4. Affiliate Responsibilities
As an Affiliate, you commit to promoting the Company’s services ethically and in line with our brand values. The distribution of unsolicited bulk email (spam) mentioning or referencing the Company is strictly prohibited.
5. Agreement Duration and Termination
This Agreement commences upon the Company’s acceptance of your application and continues until terminated by either party. Both parties reserve the right to terminate this Agreement at any time by providing written notice.
6. Limitation of Liability
The Company will not be held liable for any indirect, special, or consequential damages or any loss of revenue, profits, or data arising from this Agreement or the Affiliate Program.
The Confidentiality clause binds both parties, along with their affiliates, to the utmost discretion and care regarding the Confidential Information of the other party. These obligations persist beyond the expiration of the Agreement term.
8. Governing Law
This Agreement is governed by and construed in accordance with the laws of Victoria, Australia, without reference to rules governing the choice of laws.
9. Miscellaneous Provisions
All notices under this Agreement should be given in writing or via electronic means and delivered to the addresses provided by each party.
9.2 Partial Invalidity
If any provision of this Agreement is deemed invalid or unenforceable by a competent court, it will not affect the validity or enforceability of the remaining provisions.
The failure by any party to exercise any right under this Agreement does not constitute a waiver of such right in any other instance.
9.4 Entire Agreement
This Agreement supersedes all prior communications and constitutes the entire Agreement between the parties. It may only be modified through written consent from both parties.
9.5 Relationship of Parties
This Agreement does not establish any joint venture or partnership between the parties. Each party operates as an independent contractor.
Effect of Change in Control. Neither party may assign its rights or obligations under this Agreement without the written consent of the other party.
By submitting your application to the Affiliate Program, you confirm that you have read and accepted all terms and conditions outlined in this Agreement.