Contract Parties and Contract Particulars

Happy Hobby Hour Junior, Trading Name Deals Colony ABN 51483587949, Address 11 Clematis Court Cashmere 4500, QLD, Australia (“we”, “us”, “Business”)

 AND

 

The Collaborator/referrer/affiliate as set out in the contract details (“you”)

 

Overview

A. Deals Colony has developed fundraising events, plans & pricing, Hobby Corner with various products and services to support and develop consulting businesses worldwide (the Products).

B. You wish to build your portfolio and also promote and market the Products to your network, students, clients and customers (Customers) in accordance with the terms of this Agreement.

Execution

The parties agree to the performance of their obligations on the terms and conditions set out in these T’s and C’s comprising the Overview, the Particulars, the General Conditions and any Schedules.

 

General Conditions

 

1. LICENSE

1.1. Grant

We grant to you a non-exclusive, non-transferable and revocable licence (Licence) to market the Products to potential customer, and to use our trademarks, logos and URLs (as may be amended from time to time), for the sole purpose of promoting the Products in accordance with our guidelines and directions specified below.

 

1.2. Products

Products that we are focusing are under categories fundraising events, plans & pricing, Hobby Corner that this agreement refers to are:

1. Annual Reward Program/Youth Club - which may be marketed without our permission;

2. HHHJ School Program – which may be marketed without our permission; and

3. School Holidays Reward Program – Purchasers of this product need to be approved by us; and

4. School Holidays Package – which may be marketed without our permission;

5. Your Portfolio (Link Of Your Offerings) – which may be marketed without our permission; and

6. Network Building Coffee Catchups - which may be marketed without our permission; and

7. Happy Hobby Hour Workshop - which may be marketed without our permission; and

8. HHHJ Monthly Meetup – which may be marketed without our permission.

 

From time to time Deals Colony (HHHJ) reserves the right to:

1. update or improve products;

2. add or remove products from the list of products;

3. change pricing of products;

4. restrict the sale of certain products; or

5. deny access to certain programs based on suitability and experience

 

2. REFERRALS

2.1. Terms Affiliation

1. Subject to the terms and conditions of this Agreement, you may from time to time refer potential customers (“Potential Customers”) to us.

2. In our sole discretion, we will have the option to enter into, or decline to enter into, an agreement with any Potential Customer for the sale of our Products. In the event we decline, we will have no obligation to you under this Agreement or otherwise with respect to a Potential Customer.

3. We will be responsible for the sales process to all Potential Customers following a referral.

4. If a Potential Customer has

   1. not previously entered into an agreement with us;

   2. not previously been referred or introduced to us by any other person; and

   3. not previously been documented as a Customer; and we enter into an agreement with a Potential Customer, the Potential Customer shall be a “Customer” for purposes of this Agreement, and we will collect all fees from Customers for their use of the Products and pay commission to you.

2.2. Commissions Affiliation

1. Subject to the terms and conditions of this Agreement, you may from time to time refer potential customers (“Potential Customers”) to us.

2. You will be entitled to commission at the rates specified in Schedule 1 on payments received by us from Customers referred by you. Commission rates may be amended by us in our sole discretion. Any amended rates will be notified to you and will become effective 30 days from the date of notification for all referrals from that date.

3. If for any reason a customer payment is refunded or if payment is ultimately not received by us (for example for reasons of credit card fraud, or a customer bank reversal of a credit card transaction) any Commission paid to you in relation to that customer payment will be cancelled and may be clawed back. The cancellation may take the form of a set off against future payments to you or may be otherwise recovered as a debt owing by you.

4. If there is any dispute in relation to a Commission Cancellation or claw back, our decision is final.

5. We will pay the Commission to you within 14 days of the end of each calendar month in which payment is received by us from a referred Customer. All payments will be paid gross and it is your responsibility to pay all required taxes. We are not responsible for any third-party fees charged by a bank or other financial institution or financial service provider used to receive Commission payments.

 

2.3. Sales Taxes

1. We are not responsible for any taxes or similar obligation owed by you arising out of this Agreement. We will not withhold any taxes or similar obligations from the Commissions paid to you.

2. If for any reason we are held responsible for such taxes or similar obligations, you agree to promptly pay to us such amounts in full within 30 days of notice of the obligation to do so, and any Commissions earned until such amounts are repaid in full will automatically be surrendered by you to us to pay such amounts.

 

2.4. Referral Bonus – Uniquely Structured Team

1. Subject to the terms and conditions of this Agreement, you may from time to time refer potential volunteer team members (“Potential Collaborators”) to us.

2. In our sole discretion, we will have the option to enter into, or decline to enter into, an agreement with any Potential collaborator for the collaborations to cross sale each other’s Products. In the event we decline, we will have no obligation to you under this Agreement or otherwise with respect to a Potential collaborator.

3. We will be responsible for the portfolio building (Assigning Trial Projects) and sales process to all Potential collaborators following a referral.

4. If a Potential collaborator has

   1. not previously entered into an agreement with us;

   2. not previously been referred or introduced to us by any other person; and

   3. not previously been documented as a volunteer/collaborator; and we enter into an agreement with a Potential collaborator, the Potential collaborator shall be a “collaborator” for purposes of this Agreement, and we will collect all fees from collaborator for their use of the Products and pay referral bonus specified in Schedule 2 to you.

 

3. YOUR OBLIGATIONS

3.1. You must use reasonable commercial efforts to promote us to your students, clients, customers and network and as may be required by us from time to time, you will comply with the ongoing sales and reporting requirements we may specify from time to time.

 

3.2. You may present the Products for sale by hosting events known as HHHJ Sessions/Happy Hobby Hour Workshops/Network Building Coffee Catchups which can be live or virtual events.

 

3.3. You are required to host a minimum of 2 events per year.

 

3.4. We may also promote events and we require 14 days advance notification of hosting an event; we do not guarantee the number of attendees or the success of the events.

 

3.5. You agree to support Deals Colony & Happy Hobby Hour Junior (HHHJ) Vision, Mission and Values when representing us. You will not bring disrepute to The Deals Colony & HHHJ, HHHJ Sessions, Happy Hobby Hour Workshops, & Network Building Coffee catchups brand names and agree to comply with our reasonable directions to protect our brand and reputation.

 

3.6. You must not promote our Products (such as The HHHJ Reward Holidays) in permanent (or otherwise) retail establishments (such as shopping centres or market stalls) without our prior written approval.

 

3.7. You must not promote, sell or take orders for products other than those authorised by the Deals Colony during the course of a HHHJ sessions/HHH Workshops/network building coffee catchups or while representing us at authorised events.

 

3.8. You will not promote your own products or any other products in conjunction with Our products.

 

3.9. You expressly agree to:

1. maintain at all times a high standard of professionalism and honesty, demonstrated in a manner that reflects favorably all times on us and our products and services;

2. avoid deceptive, misleading, dishonest, questionable, or unethical practices;

3. make no representations, warranties, or other statements with respect to the products, services, or any business opportunity that are different from or in addition to those in the any material we provide to you;

4. not attempt to bind us to any agreement, or pursue, waive, or compromise any of our rights (or purport to do any of the foregoing);

5. Comply at all times with the Policies and Procedures, as amended from time to time and posted on the Deals Colony website; and

6. Comply at all times with all applicable laws, regulations, and rules, applicable to you and your business operations and activities.

 

3.10. You may not create or design a web site or web page, or any other social media that you operate, in a manner which resembles the Deals Colony website or any other website published by us, nor design your website or web page in a manner which, explicitly or impliedly, could lead anyone to believe that your web site is part of our business.

3.11. You may not place, display, or otherwise incorporate our logos, copy, information, etc. on any web site or other medium in a form that has not been pre-approved by us.

3.12. You may not create any email addresses, usernames or any name in any form of media that includes the ‘Deals Colony’ or ‘Happy Hobby Hour Junior’ or any misspelling or variation thereof or any name that is similar or identical to the name of any of our Products.

 

4. RELATIONSHIP OF THE PARTIES

4.1. You may be an individual, or a company owned by an individual, which is duly registered and licensed and in good standing in your home state.

 

4.2. You are acting as a volunteer team member and/or collaborator (Uniquely Structured Team and/or Deals Colony Collaborator) in providing the referral services and this Agreement does not create any employment relationship, partnership, or other joint venture or enterprise.

 

4.3.You acknowledge and agree there is no guarantee that there is a market for our products or services nor any guarantee that you will earn or will not lose money as a referrer of our products; and

 

4.4. Nothing in this Agreement, and no verbal or written communication between the parties, whether prior to or after this Agreement, will be construed as an express or implied employment agreement or a promise by us to employ you or any of your agents or representatives.

 

4.5. Except as otherwise agreed in writing, you must provide at your own expense all resources that you require to provide the services.

 

4.6. Where provided you must protect and keep safe and secure any and all tools, equipment, property, documents and other materials we provide to you. 

 

4.7. Upon the termination of this Agreement for any reason, you must return all of our property which is in you possession or control.

 

4.8. If you fail to return our property, we may withhold all or part of any payments which are otherwise due to you until the Property is returned.

 

4.9. You understand and acknowledge that:

1. you are not entitled to receive from us any wages, superannuation contributions, annual leave, public holidays, long service leave, sick leave, income statements, workers compensation cover, or other statutory or common law benefits;

2. we will not withhold any income tax from any monies or fees paid to you pursuant to this Agreement;

3. you are liable to provide to your employees (if any) the benefits and conditions normally paid or provided according to law including superannuation contribution, workers compensation cover, personal leave, paid public holidays, income statements, annual leave and long service leave.

 

4.10. You are free to engage in other business activities at any time when the Services are not required to be provided under this Agreement on the basis that the provision of the Services by you under this Agreement is not affected or prejudiced in any way or if it may create a potential conflict of interest.

 

5. CONFIDENTIALITY AND PRIVACY

5.1. Confidentiality. Unless the relevant party has the prior written consent of the other or unless required to do so by law:

1. Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with this Agreement. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by this Agreement.

5.2. Protection of Customer Data by us. We will maintain commercially reasonable administrative, physical, and technical safeguards designed to protect the security and confidentiality of Customer Data.

5.3. Protection of Customer Data by You. You agree, in the provision of services under this Agreement, to:

1. collect, use, store and disclose any personal information obtained in accordance with Australian privacy laws and the Deals Colony’s Privacy Policy as amended from time to time and which is available at www.dealscolony.com.au; and

2. all reasonable measures to ensure that any personal information in your possession or control is protected against loss and unauthorised access, use, modification or disclosure.

 

6. INTELLECTUAL PROPERTY

6.1. Title to, and all Intellectual Property Rights in the Products, the Products and any documentation relating to the Products remain our property (or our licensors).

6.2. You must not use the Products or the Intellectual Property Rights in the Products and/or any documentation relating to the Products, other than pursuant to the Licence granted to you under clause 1;

6.3. Without limiting the application of clause 7.2, you must not, and must not permit or allow others to use, incorporate or otherwise exploit the Intellectual Property Rights in the Products within any work, product, service or other deliverable produced by or for your benefit.

 

7. TERMINATION

1. We may terminate this Agreement immediately upon notice to you if (i) we cease to offer the current Referral program or (ii) we reasonably believe that continuing the relationship with you could result in business, reputational or legal liability for us or otherwise harm us or Customers.

2. Either party may terminate this Agreement at any time for any or no reason by giving thirty (30) days prior written notice to the other party.

3. Either Party may terminate this Agreement at any time, effective immediately upon written notice to the other Party if that Party has materially breached this Agreement.

4. We may terminate this Agreement if you or your business become insolvent or your business goes into liquidation or has a receiver or manager appointed of any of its assets or if you make any arrangement with your creditors or become subject to any similar insolvency event in any jurisdiction.

5. Termination will not result in a refund of Annual Fees.

 

8. GENERAL

8.1. Entire agreement. This Agreement, together with any Special Conditions, our Privacy Policy and the terms of any other notices or instructions given to You under these Terms, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and us relating to the Products and the other matters dealt with in these Terms.

8.2. No Partnership. Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any Liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

8.3. No Assignment. You may not assign or transfer any rights to any other person without Our prior written consent.

8.4. Severability. If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.

8.5. Notices. Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by electronic mail at the email address provided by a party from time to time.

 

12. DEFINITIONS

Capitalised terms shall have the meanings provided in this Clause or as specified in the body of the Agreement.

12.1. Agreement means this Referral Agreement, and any other documents that this Referral Agreement refers to.

12.2. Business Day means a weekday that is not a public holiday in Queensland, Australia.

12.3.Confidential Information includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.

12.4. Customer means the person who purchases Products, and, where the context permits, includes any entity on whose behalf that person registers to use the Products.

12.5. Collaborator means the person who works jointly on an activity or project

12.6. Uniquely Structured Team means Deals Colony Volunteer Team of passionate people & hobbyists

12.7. Trial Project means Deals Colony’s business strategy for collaborator portfolio building

12.8. Portfolio Building means showcasing collaborator’s most unique and creative work by taking minimum risk to achieve maximum returns
12.9. Data means any information and data provided, inputted or uploaded by You or with Your authority into the Products.

12.10. Fee means the monthly fee (excluding any taxes and duties) payable by a user in accordance with the fee schedule set out in the order form (which we may change from time to time on notice to you).

12.11. Intellectual Property Rights means any patent, trademark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

12.12. Products means our products, fundraising events, plans & pricing as accessed by the Website or mobile application by users.

12.13. Term means the period that the Agreement remains in effect as set out in the Order Form or Special Conditions, or until terminated in accordance with this Agreement.

12.14. Website means the Internet site www.dealscolony.com.au or any other site operated by us, and any associated mobile applications.

12.15. Affiliate Partner means you earn a commission by promoting a company's product or service.

 

13. Agreement Amendment and Updates.

13.1. We may from may, from time to time at our sole discretion, amend this Agreement, update our Products and change our system and processes with respect to product delivery (collectively, “Updates”).

13.2. Any amended or restated agreements that contain Updates will be posted on our website.
 

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Schedule 1

Signup to become affiliate partner & earn: www.dealscolony.com.au/hhhjpromos

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Affiliate Incentive Plan 10 – 30%. Valid for 3 months or as per our incentive term. Start date when you receive this document link via our invite email.

Incentive For HHHJ Programs: 30% HHHJ Youth Club and HHHJ School Program

(HHHJ Programs Link: www.dealscolony.com.au/plans-pricing)

Incentive For HHHJ Products: 30% each product valued $400+, 10% each product $400 or less.

(HHHJ Products Link: www.dealscolony.com.au/hhhj-fundraisings)

Incentive For HHHJ Events: 10% HHHJ Monthly Meetup

(HHHJ Fundraising Events Link: www.dealscolony.com.au/event-details/hhhj-mm

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*Incentive For Deals Colony Programs & Events: 30% each product valued $400+, 10% each product $400 or less. 

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*Incentives applicable only on Deals Colony owned coaching & mentoring programs.

We will transfer your earning using Paypal.

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Schedule 2

Refer a friend & receive $25 gift voucher.

Invite your friend to become a volunteer or collaborator.

Example Message to invite your friend:

Build Up Your Portfolio & Gain Experience!

Let's Collaborate & Be Part Of Deals Colony Uniquely Structured Team.

Invitation Link: www.dealscolony.com.au/buildyourportfolio

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Uniquely Structured Team

Schedule to be Updated

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Business Details

Trading Name: Deals Colony (Happy Hobby Hour Junior)

ABN: 51483587949

Country: Australia

Telephone Number: +61402 606 944

Email: support@dealscolony.com.au