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Affiliate Program Terms and Conditions

Our Commemorative Title Affiliate Program is only available to designated businesses.  Please read about the application and eligibility below. 

 

1 - Purpose

  1. SERV offers SERV Products for sale to the general public.  You wish to become an Affiliate to promote and encourage your Customers to purchase SERV Products in exchange for a Commission.   
  2. These Terms outline the Affiliate Program terms and conditions under which You agree to act as an Affiliate.

 

2 - Definitions  

  1. Affiliate Program means the arrangement under which the Affiliate promotes the SERV Products in exchange for a Commission. 
  2. Commission means the percentage or flat fee payable to the Affiliate as advised to the Affiliate by SERV in writing and as updated from time to time at SERV’s sole discretion, as compensation for each Customer that purchases a SERV Product using the Affiliate’s Discount Code or Discount Link. 
  3. Customer means any person or entity that the Affiliate provides the Discount Code or Discount Link to and who uses it to purchase a SERV Product. 
  4. Discount Code or Discount Link means a unique code or link to the unique code, provided by SERV to the Affiliate for sharing with the Affiliate’s Customers which entitles the Customer to a discount on SERV Products and which will be used to track the Affiliate’s Customers’ purchase of SERV Products. 
  5. Good Repute means that the Affiliate (and if a corporate Affiliate, its Personnel) has and maintains a professional reputation, does not engage in unethical behaviour and complies with all relevant laws, rules and applicable professional ethical standards.  
  6. Intellectual Property Rights means all copyright, trademark, design, logos, trade secrets, rights in Confidential Information and any other intellectual property rights including those related to the SERV Products, promotional materials and any other materials provided by SERV under this agreement. 
  7. Personnel means an employee or contractor of the Affiliate or a subcontractor, if applicable. 
  8. SERV Product means a Commemorative Certificate of Title and any other products SERV notifies to the Affiliate, from time to time, in writing are part of the Affiliate Program.  

3 - Affiliate Application and Eligibility 

  • Application: To qualify as an Affiliate, you must submit an application through SERV's designated application process. 
  • Eligibility: You warrant you are of Good Repute and are: 
    1. a licensed conveyancer;   
    2. an Australian Legal Practitioner (within the meaning of the Legal Profession Uniform Law); or  
    3. within another profession or occupation that SERV may nominate to be part of its Affiliate Program in its absolute discretion from time to time.  

4 - Acceptance

    1. You confirm your participation in the Affiliate Program by agreeing to comply with these Affiliate Program terms and conditions when you register as an Affiliate. 

 

5 - Affiliate and SERV Obligations 

  1. Promotion: You agree to promote SERV Products to your Customers through various marketing channels, including but not limited to social media, email campaigns, websites or in person promotions. 
  2. Representation: You must accurately represent SERV Products and refrain from making false or misleading claims. 
  3. Discount Code or Link: We will provide you with a Discount Code or Discount Link to distribute to your Customers. You and your Customers must use the Discount Code or Discount Link according to SERV's guidelines, as advised from time to time. 
  4. Compliance with Law:  You must comply with all applicable laws, regulations and professional ethical standards in the jurisdictions in which you operate during the Term.  You will notify SERV without undue delay of any changes to your Good Repute standing. 
  5. Use of SERV Intellectual Property: SERV grants you a non-exclusive, non-transferable, revocable licence to use SERV’s Intellectual Property provided to you, solely for the purpose of promoting SERV Products to your Customers. You agree to only use SERV’s Intellectual Property in accordance with SERV’s guidelines. 
  6. Ownership of Intellectual Property: The parties agree that all Intellectual Property rights created in connection with the Affiliate Program will be owned by SERV.  
  7. Prohibited Use of SERV Intellectual Property: You must not, without SERV’s prior written consent, modify or create derivative works of SERV’s Intellectual Property, including but not limited to, logos, trademarks and promotional materials. 
  8. Protecting SERV’s Reputation: You must not engage in any activities or use SERV’s Intellectual Property in any way that may breach any applicable laws, that could harm SERV’s reputation or reduce the value of SERV’s brand.   
  9. SERV Instructions: You agree to comply with all SERV’s reasonable instructions in relation to the promotion of SERV Products and any other reasonable request by SERV, to ensure compliance with this agreement.  
  10. No Subcontracting: You may not subcontract any of your obligations under this agreement without the prior written consent of SERV.  If SERV approves any subcontracting, you will remain fully responsible for any acts and omissions of any subcontractors and their Personnel.   

6 - Commission 

  1. Commission: You will be entitled to a Commission for each sale of a SERV Product made by Customers using the Affiliate’s Discount Code or Discount Link.   
  2. SERV IT System: All Affiliate Customer Sales will be recorded in SERV’s nominated IT System which will serve as the official record of Affiliate Customer Sales. SERV will extract the Affiliate Customer Sales for all SERV Products made in the previous quarter using the Affiliate’s Discount Code or Discount Link. 
  3. Commission Rate: The Commission payable for each Affiliate Customer Sale recorded will be either a flat fee, fixed monetary amount or a percentage as notified by SERV in writing to you.   
  4. Commission Structure:  SERV reserves the right the change the Commission structure (including the flat fee or percentage) for any SERV Product at its discretion.  Any such change will be communicated to the Affiliate in writing with immediate effect. 
  5. Ending or Updating Commission: Without limiting SERV’s rights under clause 10, SERV reserves the right at any time during the Term, to either end payment of Commission for a SERV Product and/or alter Commission terms and method of calculation from time to time in its absolute discretion.  
  6. Payment Terms: Commission owing to you, will be paid to your nominated bank account, quarterly in arrears in April, July, October and January, on or about the 15th day in the month following the end of the previous quarter in which Commission has been accrued under your Affiliate Discount Code or Discount Link. 
  7. Tax: You are solely responsible for any taxes, costs or other obligations related to the Commissions received by you and/or otherwise arising out of or in relation to your promotion of the SERV Products. 

7 - Adjustments for Cancellation, Refunds and Disputed Transactions 

  1. Cancelled or Refunded Sales: If an Affiliate Customer Sale is cancelled or refunded, no Commission is payable for that Affiliate Customer Sale and the Commission payment will be adjusted accordingly. 
  2. Adjustments: SERV reserves the right to adjust Commission payments at any time including after Termination of this agreement.  Adjustments may be made for any reason, including but not limited to cancellations, refunds, chargebacks, or disputed transactions that are processed before or after Commission has already been paid.  If a Commission payment has been made and subsequently adjusted, the Affiliate will be notified of the adjustment and the revised Commission payment. 

8 - Disputes Regarding Commission Calculation 

  1. Dispute Process: If the Affiliate disputes the Commission calculation or any adjustment made to the Commission payment, the Affiliate must submit a written request to SERV within 14 days of receiving the Commission payment.  The request should detail the nature of the dispute and provide supporting documentation. 
  2. Resolution: SERV will review the dispute and may, at its sole discretion, provide a resolution based on the evidence presented.  SERV’s decision regarding the dispute will be final, subject to the terms of this Agreement. 

9 - Confidentiality 

  1. Confidentiality: You agree to maintain the confidentiality of all SERV confidential information which includes without limitation, the terms of SERV’s Affiliate Program, marketing strategies, Commission structures for SERV Products and Customer sales data (Confidential Information).   
  2. Use of Confidential Information: You agree to use Confidential Information solely for the purpose of performing your obligations or for receiving professional advice about your obligations under this agreement, but only where your professional advisor has agreed to the keep SERV’s Confidential Information and the terms of this agreement confidential. 
  3. Exclusions: Confidential Information does not include information that: (a) is publicly available through no fault of yours; (b) is disclosed by you with SERV’s prior written consent; or (c) is required to be disclosed by law. 
  4. Duration of Confidentiality: Your obligation of confidentiality continues following the end of this agreement and ends 3 years from the end date.  

10 - Termination 

  1. Termination: Either party may terminate this agreement immediately at any time by providing the other party with written notice. 
  2. Affiliate Post Termination: On termination or expiration of this agreement for any reason whatsoever, you must promptly return all SERV Confidential Information and property you have in your possession and control, cease promoting the SERV Products and cease providing the Discount Code and Discount Link to Customers.  
  3. SERV Post Termination: SERV will pay the Commission accrued up until the agreement end date and the final Commission payment for the quarter in which the agreement ended, will be made in accordance with clause 6.6, subject to any adjustments required under clause 7.2.  
  4. The parts of this agreement intended to survive termination will survive any termination of this agreement.  

12 - General

  1. A party must not assign or transfer any of its rights or obligations under this agreement without the other party’s prior written consent, except that SERV may assign or novate this agreement to the State of Victoria without consent.  
  2. This agreement contains the entire agreement between the parties with respect to its subject matter.  
  3. Any provision of this agreement which is prohibited or unenforceable in any jurisdiction is ineffective in that jurisdiction to the extent of the prohibition or unenforceability. 
  4. A failure or delay by a party to exercise any right, power or remedy is only a waiver of that party's right to insist on performance or claim damages for breach if the waiver is confirmed in writing by the party holding the right. 
  5. Each party agrees to do all things and execute all documents reasonably necessary to give full effect to the provisions of this agreement. 
  6. This document is governed by the laws of the State of Victoria, Australia, and the parties submit to the exclusive jurisdiction of the State of Victoria, Australia. 

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