Affiliate Terms and Conditions
1.0 Purpose
The purpose of this Agreement is to establish the terms and conditions under which the Affiliate will promote and refer clients to the Principal for the use of its construction management software www.wunderbuild.com
2.0 Responsibilities of the Affiliate
2.1 Client Acquisition
2.1.1 The Affiliate shall actively promote and refer potential clients to the Principal. This includes but is not limited to nurturing client leads, showing them the software and referring them to the Principal.
2.1.2 You will be provided with a unique code which identifies you and that code will be linked to each and every client that you refer. Until such time you may commence sending your referrals via email to info@wunderbuild.com
2.1.3 Exclusions: The Affiliate will not be permitted to enrol clients who are already users of the Wunderbuild platform, or those in the process of joining under a different affiliate and they cannot register their own business as a subscriber under their affiliate banner.
2.3 Revenue Share
2.3.1 The Affiliate will receive a commission of 20% of the subscription fees for each client referred by them, payable on a monthly basis. The percentage is applied to the subscription fee ex GST.
2.3.2 All payments will be made in the following month between the 15th and 27th of the month to the Affiliates bank account whose details must be confirmed by the Affiliate.
2.3.3 No payment shall be made for subscriptions that expire owing to cancellation. However payments will resume if the subscription is renewed.
2.3.4 All payments will include GST and only for those that are registered for GST. The GST amount is added to the 20% of the subscription fee ex GST.
If one is not registered for GST then no GST should be applied.
2.3.5 All payment claims should be accompanied by an invoice.
2.3.6 No payment shall be made for any client referred and subscribes to the Principal’s software prior to the Affiliate signing this agreement
2.4 Access to Resources and its Use
The Principal will endeavour to provide the Affiliate with access to a dedicated portal on the Wunderbuild website, which may contain resources for their use.
All resources provided by the Principal must not be altered in any way and should only be used for its intended purpose.
2.5 Financial Responsibilities
2.5.1 The Affiliate is expected to pay for its own costs relating to advertising, selling, conducting demonstrations and all other costs associated with client acquisition.
2.5.2 The Affiliate should conduct its own feasibility on the potential earnings arising from its role as an Affiliate. The Principal makes no representations and warranties regarding potential income that may result from participation in this Affiliate Program and specifically disclaims any and all warranties relative to earning potential from the Affiliate.
3.0 Professionalism and Brand Image
- The Affiliate agrees to conduct themselves in a professional manner at all times and to actively safeguard the brand image and reputation of the Principal. This includes but is not limited to maintaining ethical business practices, delivering quality service, and adhering to the Principal’s guidelines and standards.
- The Affiliate further agrees to uphold the highest level of integrity, honesty, and transparency in their interactions with clients, stakeholders, and the public. They shall refrain from engaging in any activities that may bring disrepute to the Principal or undermine the trust and confidence placed in them.
- The Affiliate shall strive to provide exceptional customer service, promptly addressing client inquiries and concerns with professionalism and courtesy. They shall also diligently follow the Principal’s policies and procedures, ensuring compliance with all applicable laws, regulations, and industry standards.
- The Affiliate recognises that their actions and behaviours reflect directly on the Principal’s brand and reputation, and therefore they shall take proactive measures to protect and enhance the Principal’s image in the market. By adhering to these commitments, the Affiliate contributes to a positive and sustainable partnership, fostering long-term growth and success for both parties involved.
4.0 Term and Termination
4.1 Term
This Agreement shall commence on the effective date and remain in effect for as long as your referral continues with their subscription unless terminated earlier in accordance with the provisions of this Agreement.
4.2 Termination
4.2.1 Either party may terminate this Agreement for cause with immediate effect in the event of a material breach by the other party. Such termination shall be in writing and shall specify the grounds for termination.
4.2.2 The Principal reserves the absolute right to rescind or terminate the Affiliate’s status for the reasons as set forth below:
- The Affiliate’s website and marketing collateral contains content that is illegal, immoral, repulsive, defamatory, derogatory, harassing, harmful, threatening, obscene, and vulgar, which tarnishes the reputation of the Principal and goes against the values and standards upheld by the Principal.
- The Affiliate’s actions are discriminatory and defamatory in nature, targeting individuals or groups based on any protected characteristic. Such behaviour contradicts the inclusive and respectful environment promoted by the Principal.
- The Affiliate misrepresents itself as the Principal or falsely claims an affiliation with the Principal without proper authorisation. This includes unauthorised use of the Principal’s logo, trademarks, or intellectual property, which may mislead the public and damage the Principal’s brand integrity.
- The Affiliate intentionally misinforms the public about the nature of the Principal’s business, misrepresents the functionality or features of the Principal’s software, or misapplies the terms and conditions that govern the use of the Principal’s software. Such misrepresentation undermines the trust and transparency essential to maintaining a strong relationship between the Principal and its clients.
5.0 Confidentiality
The Affiliate agrees to keep confidential any proprietary information, trade secrets, or other confidential information shared by the Principal for the purposes of this Agreement, both during the term of this Agreement and thereafter.
6.0 Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the state of Victoria. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts in Victoria.
7.0 Entire Agreement
This Agreement constitutes the entire understanding between the Principal and the Affiliate regarding the subject matter herein and supersedes all prior discussions, negotiations, and agreements, whether oral or written.