Be Rewarded Program
Terms & Conditions
The use of this program is provided by Investor Finance Pty.
Ltd. A.B.N. 74 311 376 258 of 1/21 First Ave, Maroochydore in the state
of Queensland (“IF”) subject to the terms and conditions.
Interpretation
In this agreement the following expressions shall have the meanings
set out below:
“Leads” means an individual who has made contact with the
Affiliate during the term of this Agreement
“Affiliate Fee” means the amount specified under “Affiliate
Fee” below
“Affiliate” means you and extends to and includes members
of the Affiliate’s business group, subsidiaries, associates and
the Affiliates successors and permitted assigns.
The Appointment
From the date of the Affiliate accepting the terms and conditions of
the Agreement, IF appoints it to refer Leads to IF, Other than that
is expressly stated, the Affiliate is an independent contractor of IF
and not an employee, agent, partner, franchisee or licensee of IF.
IF Obligations
IF Obligations
During the term IF shall:
• use its best endeavours to assist all Leads referred by the
Affiliate to IF, disclose to the potential client that a Referrer Fee
may be paid to the Affiliate, pay the Referrer Fee to the Affiliate
and provide to the Affiliate a monthly reconciliation outlining the
status of all referred Leads to IF.
• IF will pay commission for all settled loans referred by the
Affiliate at the agreed commission structure
• To provide a commission payment advice to the affiliate
• While IF agrees to use its best endeavours to ensure the accurate
and timely payment of commissions to the Affiliate, the Affiliate acknowledges
the notwithstanding the terms herein, IF will not be obligated to pay
any commissions until it receives payment from the IF Panel Lender.
Affiliates Obligations
Upon acceptance of the terms of this agreement the Affiliate shall:
• use its best endeavours to refer its Leads to IF and ensure
that Leads referred to IF are referred in the form IF requires and in
accordance with any instructions IF issues.
• The Affiliate agrees that it will obtain prior explicit consent
from any applicants it submits to IF for the Affiliate to pass on the
applicants contact information.
• The Affiliate is solely responsible for complying with all relevant
current laws and codes of professional conduct applicable to it, including
the Financial Transaction Reporting Act 1998, the Privacy Act 1998,
the Trade Practices Act 1974, the Uniform Consumer Credit Code 1996
and the code of practice of the Mortgage Industry Association of Australia
(as applicable) the (in particular in regard to its advertising, sales,
literature, and stationary), any future changes thereto.
• The Affiliate must use its best endeavours to ensure that neither
it, any member of its staff or any of its members, staff or agents or
contractors does anything which could give rise to a claim against IF
for loss or damage from any person who could become a borrower by a
loan arranged by IF including by:
• Making misleading, deceptive or untrue statements or
• Acting unconscionable or unfairly
• The Affiliate must not imply or represent to any potential borrower
that it can approve a finance application or influence the decision
of any lender.
Affiliates Fee
The Affiliate will be paid a commission (inclusive of GST) by IF at
a rate applicable to the rate stated on your agreement. (minimum loan
size $75,000).
The Affiliate Fee will be paid by IF to the Affiliate no more than 14
days after payment is received by IF from the relevant panel lender.
In the event that a dispute arises in relation to payment of the Affiliate’s
Fee, the Affiliate acknowledges that the decision of IF is and payment
of the Affiliate’s Fees will be at the sole discretion of IF.
RCTI Creation
You hereby authorise Investor Finance Pty Limited to produce
a Recipient Created Tax Invoice (RCTI) on our behalf, notwithstanding
anything in our existing arrangements, and agree that:
1. Investor Finance Pty Limited can issue Tax Invoices in respect of
our services to Investor Finance Pty Limited.
2. I/We will not issue a Tax Invoice in respect of our services to Investor
Finance Pty Limited.
3. I/We are registered for GST when I/we enter into this arrangement
and I/we will notify Investor Finance Pty Limited if I/we cease to be
registered.
4. Investor Finance Pty Limited acknowledge that they are registered
for GST and Investor Finance Pty Limited will notify us (the supplier)
if Investor Finance Pty Limited cease to be registered or Investor Finance
Pty Limited cease to satisfy any of the requirements of the Australian
Tax Office for RCTI’s; and
5. Investor Finance Pty Limited will indemnify the supplier for any
liability for GST and penalties that may arise from an understatement
of the GST payable on any supply for which Investor Finance Pty Limited
issues an RCTI.
General
Term of the Agreements: The term of this Agreement will begin upon our
acceptance of your Affiliate application and will end when terminated
by either party. Either you or we may terminate this Agreement at any
time, with or without cause, by giving the other party email notice
of termination. You are only eligible to earn referral fees on sales
occurring during the term.
We will not be liable for indirect, special or consequential damages,
or any loss of revenue, profits or data, arising in connection with
this Agreement or the Program, even if we have been advised of the possibility
of such damages.
Further, our aggregate liability arising with respect to this Agreement
and the Program will not exceed the total referral fees paid or payable
to you under to this Agreement.
This Agreement will be governed by the laws of Australia and the state
of Queensland, without reference to rules governing choice of laws.
Any action relating to this Agreement must be bought in the federal
or state courts located in Queensland, and you irrevocably consent to
the jurisdiction of such courts. You may not assign this Agreement,
by operation of law or otherwise, without our prior written consent,
Subject to that restriction, this Agreement will be binding on, inure
to the benefit of and be enforceable against the parties and their respective
successors and assigns. Our failure to enforce your strict performance
of any provision of this Agreement will not constitute a waiver of our
right to subsequently enforce such provision or any other provision
of this agreement.