Affiliate Terms and Conditions
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
2.1.3 Exclusions: The Affiliate cannot recruit a client that is already using the Wunderbuild platform.
2.2 Minimum Client Acquisition
To maintain Affiliate status, the Affiliate must procure a minimum of three paying clients within the first year of this Agreement. In addition, if the Affiliate fails to acquire any clients in the second year, their affiliate status will lapse, rendering the agreement between them and the Principal void. Consequently, all earnings shall cease at the end of that year. After the initial twelve months, the Affiliate must also acquire a minimum of one additional client within each subsequent twelve-month period to preserve their ongoing affiliate status.
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.
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 Payments for subscriptions that arise in the middle of the month will be paid on a prorata for that month based on the number of calendar days the subscription has been in effect. The same applies for expiry of subscriptions.
2.3.4 No payment shall be made for subscriptions that expire owing to cancellation. However payments will resume if the subscription is renewed and the payment shall accord with clause 2.3.3.
2.3.4 All payments will include GST and only for those that are registered for 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 shall provide the Affiliate with access to a dedicated portal on the Wunderbuild website, which will contain resources for their use, including marketing materials, product videos, and performance reports. 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.
The Affiliate agrees not to engage with or promote any other competing construction management software products during the term of this Agreement.
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 behaviors 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
This Agreement shall commence on the effective date and remain in effect for an initial term of one year unless terminated earlier in accordance with the provisions of this Agreement. The Agreement will automatically renew for subsequent one-year terms unless either party provides written notice of non-renewal at least 30 days prior to the end of the current term.
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 Even after the Principal has accepted the Affiliate to join the program, the Principal reserves the absolute right to rescind or terminate the Affiliate’s status for any reason in its sole and absolute discretion, including but not limited to the reasons 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 behavior 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.
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.