These Terms and Conditions are current as of July 8 2019.
Referral Commission Terms & Conditions
- Employment Hero Pty Ltd (“EH”) provides a people management platform to help make employment easier to manage and more rewarding for everyone.
- You (the “Referrer”) wish to introduce potential customers from your network for the purpose of EH selling the customer a subscription to the people management platform in return for the payment of a commission to the Referrer. The Parties agree to facilitate such referrals on the terms set out in this Agreement.
- This Agreement commences on the date the Referrer accepts these Terms and Conditions.
- The Agreement will continue until terminated in accordance with this Agreement.
- During the Term, the Referrer is granted a non-exclusive right to refer Leads to EH in accordance with this Agreement.
- Either Party may terminate this Agreement by giving 30 days notice in writing (including via email).
- Either Party may terminate this Agreement immediately by giving notice in writing (including via email) if the other party commits a breach of their obligations under this Agreement and:
- such breach is not capable of being remedied, or
- upon request to remedy the breach, no remedy is effected within 10 Business Days.
- Effect of Termination
- The Referrer will no longer be entitled to receive a Commission on leads provided after the Termination date.
- Unless the Agreement is terminated under 4.2 through a breach by the Referrer, EH is obliged to pay Commission relating to any leads provided prior to Termination even if they only become payable after the Termination date.
- Submission of Lead
- In order to be eligible for Commission, Leads must be submitted via the digital form provided by EH and as advised in writing (including via email) to the Referrer from time to time.
- Prior to submitting the Lead, Referrers are required to discuss EH with their Lead in accordance with the guidelines provided in Appendix 2 and as updated from time to time by EH.
- By submitting the Lead you authorise EH to mention you to the customer as the source of the referral.
- Acceptance of Lead
- EH will notify the Referrer if the Lead is an Existing Prospect as soon as practical. Leads relating to Existing Prospects will not be eligible for Commission.
- During the Term, the Referrer will:
- be an advocate of the EH platform and refer leads to EH in accordance with this Agreement;
- promote EH to their network in a manner that is consistent with EH’s mission, values and brand and not do anything that contains misleading and inaccurate information, might damage EH’s reputation or is contrary to regulations or laws; and
- not promote a product or technology that competes with EH.
- During the Term, EH will:
- action Leads received from Referrers in a professional manner;
- act in good faith when assessing leads as Existing Prospects; and
- promptly advise Referrers of successfully closed subscriptions and to remit the Commission in accordance with this Agreement
- Commission & Offer
- EH will give to the Referrer $500 HeroDollars for any HR and Payroll subscription customer subject to the customer signing an agreement for a value of at least $1,500 annual recurring revenue (“ARR”). Commission is not paid on any other service provided or sold by EH.
- EH will give the referred Customer $500 HeroDollars when they sign up to a minimum of 12 months before 30 September 2019.
- EH will credit your HeroDollars within 15 business days of the month end in which your referred customer signs an eligible contract.
- Intellectual Property
- Nothing in this Agreement conveys any rights of ownership or transfers any ownership in any intellectual property.
- The Referrer acknowledges and agrees that the software and trademarks of Employment Hero are owned exclusively by Employment Hero.
- All amounts in this Agreement are exclusive of GST.
- Where payments under this Agreement are liable to GST, an amount shall be added.
- The information contained in this Agreement and any information provided between the Parties under this Agreement is Confidential Information. Neither Party shall disclose Confidential Information unless i) they are compelled to by law, ii) the information is or becomes available in the Public Domain through no breach of this Agreement or iii) with the written permission of the other party.
- Neither Parties will disclose the Confidential Information and both Parties will take reasonable steps to prevent the Confidential Information from being disclosed.
“Business Day” means a day that is not a Saturday, Sunday or Public Holiday in the state of NSW
“Existing Prospect” means an individual or organisation that EH is in discussions with or has been in discussions with during the previous 12 months
“Lead” means a prospective EH Customer which is not an Existing Prospect and has a minimum $1,500 ARR for which the contact details are properly submitted as prescribed by EH from time to time.
“Party” means either EH or the Referrer, or in the case of both the “Parties”
“Subscription Fee” is the actual amount received by EH from the customer in respect of HR and Payroll subscriptions.