AusPath Agency Affiliate Program – Terms of Service

Company Address: Level 40, 140 William Street, Melbourne, 3000, VIC, Australia

ABN: 92662386227

1. Eligibility & Account Requirements

You must be 18 years or older. You must reside in a region where the Program is available. Registration must be made by a real person. Bots or automated systems are prohibited. You must provide accurate and complete information including your full legal name and valid contact details. You are responsible for maintaining the security of your login credentials. You may only maintain one affiliate account. You must not use the Program for unlawful activities or violate any applicable Australian or local laws, including but not limited to the Competition and Consumer Act 2010 (Cth) and Copyright Act 1968 (Cth).

2. Affiliate Links & Tracking

Upon approval, you will receive a unique affiliate tracking code (a “Special Link”). You may use banners, graphics, and approved materials provided by AusPath Agency. You must ensure your marketing materials accurately reflect AusPath’s services and comply with Australian advertising laws, including the Australian Consumer Law (ACL). Referral commissions are only valid if the customer clicks through your Special Link and completes a qualifying action in the same session.

3. Commission Structure & Payment

a. Platinum Package Commissions:
– Affiliates will receive 25% of the Platinum Package fee for each Member who upgrades through their unique affiliate URL. This commission is automatically calculated and tracked via the affiliate system and appears in your real-time affiliate dashboard reports.

b. Candidate Placement Bonus:
– Affiliates will also receive AUD $250 per successfully placed candidate when:
– The candidate commences employment through AusPath Agency, and
– AusPath Agency has received payment from the employer for the candidate’s placement. This amount is plus GST if you are registered for GST in Australia.

c. Clawback Policy:
– If the candidate is terminated during their probation period (as defined by the employer or Fair Work Act 2009 (Cth)), a clawback of the $250 bonus will apply. The affiliate agrees to return or offset the amount in the next scheduled payment cycle.

d. Minimum Payout Threshold:
– Commissions are paid monthly, provided your account balance exceeds AUD $200. If this threshold is not met, the balance will roll over to the following month.

4. Marketing Conduct

Affiliates must not misrepresent their relationship with AusPath Agency or suggest they are employees, agents, or partners of the company. Press releases, official public statements, or claims of endorsement are strictly prohibited unless explicitly authorized in writing. Self-referrals or purchases made through your own affiliate link are not eligible for commissions.

5. Responsibilities

Affiliates are responsible for: The technical operation of their promotional channels. Ensuring Special Links are implemented correctly. Complying with local and international marketing regulations, including email compliance laws such as the Spam Act 2003 (Cth).

6. Termination

This Agreement is effective upon your acceptance and continues until terminated by either party. AusPath Agency may terminate this Agreement at any time for breach, misuse, or unethical behaviour. Upon termination, you must immediately remove all affiliate links and marketing materials. Any commissions above AUD $200 at termination may be paid out, excluding clawbacks or disputes.

7. Independent Contractor

You agree that you are an independent contractor, not an employee, agent, or partner of AusPath Agency. Nothing in this Agreement shall be interpreted as creating a joint venture, agency, or employment relationship.

8. Liability & Disclaimers

AusPath Agency will not be liable for indirect or consequential damages, including loss of income or data. The total liability to you under this Agreement shall not exceed the total commissions paid to you.

9. Dispute Resolution

Any dispute will be resolved via confidential arbitration or mediation in Melbourne, Victoria, Australia, unless otherwise agreed in writing. Notwithstanding the above, AusPath Agency reserves the right to seek injunctive relief in court to protect its intellectual property or confidential information.

10. Entire Agreement

These Terms constitute the entire agreement between you and AusPath Agency in relation to the Affiliate Program and supersede all prior versions.

11. GST & Tax Obligations

Affiliates based in Australia are responsible for their own tax obligations, including declaring earnings to the Australian Taxation Office (ATO). If registered for GST, you must provide a valid ABN and tax invoice to receive payments that include GST.

Agreement Confirmation

By signing up or continuing to participate in the AusPath Agency Affiliate Program, you confirm that you have read, understood, and agree to these terms.