Terms and Conditions
Australian Investment Education Referral Agreement
These Terms and Conditions are made between yourself ("Referrer") and Australian Investment Education Pty Ltd (hence forth "Us", "We" or "AIE").
1.1 AIE provides specialist education, coaching and support for its clients, as well as access to brokerage services across a wide range of financial products including securities, derivatives, futures and money markets as well as other investments.
1.2AIE and Referrer have agreed to develop a relationship based on the terms set out in this agreement.
2.1The general purpose of the strategic alliance is for Referrer to provide lead generation and marketing services for AIE and its products.
2.2Any specific additional obligation expected of a party to this agreement is set out in the Schedule.
2.3Nothing in this agreement is intended to require or permit any person to hinder a party to this agreement in their duties or obligations (contractual, legal or otherwise), business practices, business plans or contracts or arrangements with other persons, including clients, employees, regulators or contractual counterparties of a party.
2.4Nothing in this agreement is intended to make the parties joint venturers or partners of each other, nor (unless expressly agreed) to make one party the agent of the other.No party has the authority to bind the credit of the other party.
2.5The parties will consult each other in good faith on any issue arising out of this agreement. It is expected that each party will promptly and in good faith consider and respond to the other with regard to any matter raised by consultation.
3.Confidentiality and Security
3.1Each party respects the confidentiality of the other party's information and their respective obligations to protect the privacy and security of their client information.
3.2Each party will keep strictly confidential any confidential information, know-how, ideas, concepts, technical and operational information of the other party disclosed to it in the course of activities contemplated by this agreement, and will not disclose it to any other person unless (a) required by law; (b) required for the agreed performance of this agreement; (c) in order to enforce this agreement; or (d) if the information becomes public (other than by a breach of this agreement).
3.3In particular, fees, commissions, reimbursements and any other payments made under this agreement must remain confidential unless, and only to the extent, required by law to be disclosed
3.4Each party remains wholly responsible for its own compliance with its confidentiality and privacy protection obligations to its clients or other persons with whom it deals.3.5 These confidentiality obligations survive termination of the rest of this agreement.
3.6Each party will keep adequate records of the services and activities it provides under this agreement. Such records may be called upon for inspection by either party.
4.1Refer to Schedule.
4.2No party is obliged to pay or indemnify the other party for any other costs, expenses, fees, taxes, levies or any other amount arising out of this agreement.
Subject to receipt of a tax invoice complying with the GST Legislation, any recipient of a taxable supply made pursuant to this agreement shall in addition to the payments set out in the Schedule pay GST on such supply at the then prevailing rate.
6.1This agreement continues until it is terminated on the earlier of:
(a)by mutual agreement in writing; and
(b)on not less than 90days' written notice by a party to the other (without the need for any reason);
6.2This agreement shall terminate forthwith in the event that:
(a)a party is wound up or has a liquidator, administrator, receiver or receiver and manager appointed;
(b)such party commits a material breach of this agreement which is not capable of remedy; or
(c)such party commits a material breach of this agreement which is capable of remedy and such breach continues after service upon such party by the other party of a written notice specifying the breach and requiring its rectification.
Each party shall pay its own legal costs in relation to the preparation of this agreement.
From time to time, there may be compliance overhauls undertaken as part of AIE's compliance regime. As part of this on going affiliation,Referrer and its marketing agents will be responsible for implementing all reasonable requests to facilitate compliant business, for example sign off on all marketing material prior to use, the use of disclaimers on paperwork etc.
9.1This agreement becomes effective only when executed on behalf of all parties to it. It is effective from the date specified in the Schedule, regardless of the date it is first or last executed by the parties.
9.2This agreement is governed by the laws in force in Queensland from time to time.
9.3This agreement constitutes the entire agreement between the parties relating to the strategic alliance opportunities and supersedes all previous communications whether oral or written between the parties and their associates and respective officers with respect to that subject matter.
The non-exercise of or delay in exercising any power or right of a party does not operate as a waiver of that power or right, nor does any single exercise of a power or right preclude any other or further exercise of it or the exercise of any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the waiver.
This document may only be amended in writing, signed by the parties.
Each attorney who executes this document on behalf of a party declares that the attorney has no notice of the revocation or suspension by the grantor in any manner of the power of attorney under the authority of which the attorney executes this document and has no notice of the death of the grantor.
Any provision in this document which is invalid, illegal or unenforceable shall be ineffective to the extent only of such invalidity, illegality or unenforceability without affecting the remaining provisions of this document.
This document may be executed in any number of counterparts and all of those counterparts taken together constitute one and the same instrument.
Each party must do, sign, execute and deliver and must procure that each of its employees and agent does, signs, executes and delivers, all deeds, documents, instruments and acts reasonably required of it or them by notice from another party to carry out and give full effect to this document and the rights and obligations of the parties under it.
10.Additional Terms Application to Program
10.1All commissions are paid in AU Dollars. Partners will receive commissions through Paypal. AIE is not responsible for any fees charged to the partner by Paypal.
10.2Commissions will be paid by the 15th of the month following the month they were earned.
10.3AIE reserves the right to withhold or reverse commissions if Partner is in breach of the Agreement or this Program Addendum or has engaged in any fraudulent activity, including, but not limited to, cookie stuffing, cloaking, or forcing pop-ups
10.4AIE reserves the right to adjust the terms of this Program at any time and will notify the Partner via email with at least 30 days notice.
10.5Acceptable Methods to Refer Leads
i.Partners may refer leads through their unique tracking links
10.6Cookie and Lead Registration Length
i.Partner tracking links will set cookies that expire after 120 days
ii.Lead Registration will set the Partner for 120 days; such that sales made during such period will earn commissions, and sales made after such period will not.
i.If more than one Partner has been tracked to a lead, AIE will credit and pay the latest referring Partner prior to the sale
i.Forex and Futures Paymaster Online Education Package, Options Made Easy Full Education Package, Options Made Easy Online Education, Foundation of Trading and Investing Online Education, Stock Selection Masterclass, Mindset Mastery, Auto Trading Course
ii.AIE will pay commissions for multiple service packages purchased by the same customer during the first 90 days
iii.Commissionable items do NOT include Brokerage Trail
iv.Commissionable items do NOT include add-on products and services
10.9If AIE elects to terminate the Program described in this Program Addendum, the recurring payments noted above shall continue to be paid by AIE for 12 months following such termination
AIE will provide all back end service to those clients that have purchased its products through the channel created by Referrer. This will include access to the course education, online and face to face, coaching and support, webinars, trading advice and brokerage services and trading platforms.
AIE will provide assistance and support in providing marketing material and copy to facilitate the promotion of its products, as well as sales presentation materials, product training etc.
Referrer's obligations will be to provide the lead generation and marketing function at its own cost. This will include amongst other things, lead generation, advertising campaigns, PPC etc.
Subject to the requirements of any regulatory authority, Referrer shall be entitled to use certain key words in connection with financial services education in its ad words, landing pages and websites, even if such key words are also used by AIE or its online suppliers in their internet advertising.
Referrer is at all times to maintain appropriate levels of compliance, as required by ASIC. The cost of this compliance will be borne solely by Referrer.
AIE via its Referral management systems, will provide ongoing access to reporting for Referrer.
|Type of product||Referrer %age of initial sale||Percentage|
|Education Product||25%||25% of Education Product Sale|
*Where referrer stages the event
Payments will be made monthly in arrears to nominated bank account on receipt of invoice.