This Bill Hero Affiliate Program Agreement (the “Agreement”) governs Your participation in the Bill Hero Affiliate Program (the "Affiliate Program"). This Agreement between You and Bill Hero Holdings Pty Ltd. (“Bill Hero”) is in addition to the Bill Hero Terms of Service and Privacy Policy and all other documents and provisions applicable to the use of https://BillHero.com.au (the "Website"). By joining the Affiliate Program You agree to be bound by the terms of this Agreement.
The Bill Hero Affiliate Program enables any member of the Bill Hero Affiliate Program with a confirmed profile (the “Partner”) to be rewarded for subscriptions made by his/her Users. Every Partner is assigned a unique code (a “Reference ID”). The “Partners Link” is an internet hyperlink or web link pointing to the Website that contains a Partners’ Reference ID. A “User” is anyone who buys content on the Website after acting upon a recommendation made by the Partner and clicking on a Partners’ Link. The “Partner Cookie” is a web browser cookie left on a User’s web browser by the Website in response to the User’s clicking through a Partner’s Link.
If You refer a User to the Website, and the User clicks through Your Partner Link to the Website, thereby identifying You as the Partner via Your Reference ID, Your account will be recognised as a commissionable account. Subscription fee revenue share, as described below, will be credited to Your account on completion of successful signup of Your referred Users.
The Partners relationship between the Partner and its User is activated the first time the User clicks on the Partner’s Link. If the User completes a subscription within 30 days of the Partner activation, the Partner will be rewarded with a commission on subscription fees paid by this User. If the User makes no purchase during this 30-day period, the relationship between the Partner and the User will expire.
When a User clicks on a Partner’s link, the Website attempts to store the Partner Cookie on the User’s web browser. If the User’s browser does not accept cookies, or if the Partner Cookie is removed or has expired, the User will not be identified as Your User. In order for Users to be recognised as Your Users, and for User fees to accrue, Users must have an unexpired Partner Cookie in their browser when they complete their subscription signup.
The Partner’s revenues are calculated as a percentage of the Bill Hero subscription fee on each subscription made by each referred User. The percentage amount is displayed in the Bill Hero affiliate dashboard accessible at https://affiliates.billhero.com.au.
Partners may receive revenues from an unlimited number of Users into their Affiliate Program account. A minimum of two referred Users is required before Partner commission payments will be made.
Bill Hero reserves the right to refund Users subscription fees in part or in full at Bill Hero' sole discretion. Where subscription fees have been refunded, Partner commission for that User is subject to recalculation. Where Partner commission has already been paid for a refunded User, the balance of Commission fees paid less recalculated Commission fees will be offset from the Partner's Affiliate Program account.
Partner acknowledges that it is registered for GST in Australia.
Partner agrees that all Partner commissions will be calculated inclusive
of GST.
The Partner may request withdrawals from the Affiliate Program account any time the account total is $50 or more. On receipt of a withdrawal request, Bill Hero will issue a Purchase Order, against which Partner can then issue a GST compliant Invoice. Payment of any such Invoice will be made by the fifteenth day of the following month.
Any invoice rendered by a party to this Agreement in connection with a
supply must conform to the requirements for a tax invoice.
The Partner commission payment will be made in Australian Dollars (AUD$) through the payment method the Partner has specified in the Affiliate Program account. If Bill Hero makes an over-payment of commissions to the Partner for any reason, Bill Hero reserves the right to deduct the amount of such over-payment from the Partner’s account and/or to require the immediate repayment of such overpaid Partner’s commissions.
Bill Hero may modify reward percentages and/or payment schedules at any time and notify the Partner by a posting the modified percentages or schedule on the Bill Hero Affiliate Program Agreement page of the Website. If Bill Hero modifies any percentage, only Your commission earned after the effective date of change will be affected by the changed percentage.
The Partner’s ability to receive payments accrued under the Affiliate Program is further governed by the information specified during the Bill Hero Affiliate Program registration process, after clicking through the acceptance of this Agreement and the Website Terms of Use in the place provided by Bill Hero, and by complying with same.
The Partner is not allowed to use the Bill Hero Referral program while simultaneously using the Affiliate Program.
The Partner shall not be affiliated to himself/herself. The Partner is not authorized to make any commitment on behalf of Bill Hero. The Partner shall not reward or pay directly or indirectly in any way other parties to influence them to become Users or to otherwise increase his or her partners' rewards.
The Partner shall agree not to buy or bid on any Bill Hero trademarked company names or any spelling variations of those names or combinations of the Bill Hero name plus another term (e.g., “Bill Hero coupons”), or the same with various spellings or similar terms, etc., for any search-engine keywords, domain names, other search terms and/or titles. The Partner shall further agree that he/she will never outrank or outbid Bill Hero on any web or search-engine keywords.
The Partner shall agree not to use, cloak or mask any domain names owned by Bill Hero Holdings Pty Ltd. for any display URL listings in paid search campaigns.
Bill Hero reserves the right to withhold commissions on any transactions generated by searches deemed illegal, or to block an account which is, in the sole determination of Bill Hero, to be in violation of these policies.
Bill Hero hereby grants to the Partner a non-exclusive and non-transferable license to use Partner’s Links for placement on his or her blog, application, internet site, social media posts, and in other content including video blogs, podcasts and other media for the sole and exclusive purpose of referring potential users to the Website, on the terms and subject to the conditions and limitations contained in this Agreement.
Bill Hero reserves the right to revoke the license to use the Partner Links, in whole or part, at any time. You acknowledge and agree that all aspects of each of the Partner Links, in any language, format or medium, are and remain Bill Hero’ valuable and exclusive property and are protected under trade secret, copyright, trademark and/or patent law.
The Partner shall not, and shall not assist anyone else to: copy, use, publish, disclose, distribute, give access to, broadcast, or offer any Partners Links to any third party except for the purpose of making a referral to the Website and as permitted by this Agreement; remove or modify any disclaimer or copyright or trademark notice contained in any Partner Link, or reverse engineer, disassemble, de-compile, or use any other means to attempt to discover source code contained in an Partner Link.
Bill Hero reserves the right to review the Partner’s blog, app or internet site and require the Partner to modify his or her use of any Partners Link following review of same. The Partner may not use any Partners Links to market, promote, or endorse the goods, services, and/or cause of any other individual or entity, or to otherwise benefit any third party, except the benefit of the User in accessing and using the Website. You acknowledge that, by participating in the Program and/or using any Partners Links, Bill Hero may receive information from or about visitors to Your blog, app or internet site to track Users.
Bill Hero prohibits You from engaging in any form of unsolicited commercial emailing (commonly referred to as "spamming") or the sending of emails that are misleading, spoofed, contain misleading subject lines, and/or contain inaccurate or misleading sender or recipient data. Bill Hero, in its own discretion and not as its exclusive remedy, reserves the right to suspend, report, or terminate the Partner, or otherwise take remedial action if it is determined that the Partner was spamming or in violation of this provision or applicable law including the Spam Act and Spam Regulations. Partners violating these provisions will forfeit any Affiliate Program rewards.
You further agree to fully and immediately respond to any and all requests or queries Bill Hero makes of You regarding Your compliance with this provision, and to report to Bill Hero any allegations of spamming or other violations of this provision made against You or others in connection with Bill Hero.
This Agreement is effective as long as You participate in the Affiliate Program or until the Affiliate Program is discontinued by Bill Hero, whichever occurs first. The Affiliate Program or any aspect of it can be discontinued at any time, at Bill Hero’ sole discretion, upon notice posted on the Website. Upon posting of such notice, the Affiliate Program and this Agreement shall be thereby terminated as it relates to You.
Notwithstanding anything stated or implied to the contrary, Bill Hero, its officers, managers and members, shall not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, goodwill or data) arising out of or related to this Agreement or the Program, even if Bill Hero has been advised of the possibility of such damages. Further, aggregate liability for actual damages (or any other damages not otherwise specified herein) arising out of or related to this Agreement and/or the Program will not exceed the total referral fees paid or payable to You under this Agreement in the preceding 12-month period from the earliest date that Your claim arose, which date in any event shall be no later than the date You notify Bill Hero of any claim.
You agree to indemnify, defend and hold Bill Hero, and its respective directors, officers, employees, shareholders, partners and agents harmless from and against any and all claims, liability, losses, costs and expenses (including lawyers’ fees) incurred by Bill Hero in connection with any breach by You of this Agreement. Bill Hero reserves the right, at Your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with Bill Hero’ defense of such claim.
This Agreement is personal to You and is not assignable by You without Bill Hero’ prior written consent. All of the covenants, terms, provisions, and agreements contained in this Agreement shall be binding upon, and inure to the benefit of Bill Hero and You, and, to the extent permitted by this Agreement, their respective heirs, legal representatives, successors and permitted assigns.
This Agreement is in addition to the Website Terms of Use, as any of the foregoing may be modified by Bill Hero from time to time, all of which together embody the parties’ entire agreement and supersedes and cancels any prior agreement, express or implied, written or oral, with respect to its subject matter; provided that in the event of any inconsistency between this Agreement and any such Website Terms of Use, the terms of this Agreement shall govern.
The validity, interpretation, and enforcement of this Agreement, matters arising out of or related to performance or breach of this Agreement, and related matters shall be governed by the laws of the State of Victoria, Australia. Any legal action or proceeding concerning the validity, interpretation, and enforcement of this Agreement, matters arising out of or related to performance or breach of this Agreement, and related matters, shall be brought exclusively in the courts located in the State of Victoria. All parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues.
Notwithstanding anything else in this or any other agreement, Bill Hero shall have the right, at its sole discretion, to make changes to the Affiliate Program, this Agreement and/or the Website Terms of Use at any time and for any reason. No modification, deletion, amendment or waiver of any provision is binding on Bill Hero unless in writing and signed by its authorized representative or posted by Bill Hero on the Website.
You acknowledge that You have read this Agreement, understand it, and have had an opportunity to seek independent legal advice prior to agreeing to it. By participating in the Affiliate Program, clicking “I Agree” or otherwise signifying acceptance, You accept and agree to be bound by this Agreement for Yourself, and agree to be bound by its provisions. If You are accepting on behalf of Your employer or other person or entity, You represent and warrant that You have the full legal authority to bind Your employer or such other person or entity and to participate in the Affiliate Program on behalf of such employer or other person or entity. Additionally, You acknowledge and agree that You have reviewed the Website Terms of Use and any other agreements which may be incorporated by reference herein and therein, and to the extent of their incorporation in this Agreement, You (and as applicable, such other person or entity) agree to be bound by them