The Brightbox Software Referral Program is designed for registered agents to receive a Commission on Brightbox Software products sold.
In these terms and conditions, “we”, “us” and “our” refers to BrightBox Software Pty Ltd; “you” refers to yourself as a Referral Agent (a “Referrer”).
We reserve the right to amend these Terms & Conditions at any time.
BY APPLYING AND REMAINING A REFERRER, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, YOU MAY IMMEDIATELY REQUEST TO BE REMOVED FROM THE REFERRAL PROGRAM.
1. A Successful Referral is defined as a purchase made directly to Brightbox Software or via our website (www.brightboxsoftware.com) by a business or person (a "Referred Customer") who had been referred to Brightbox Software prior to beginning the sales process.
(a) Every referral requires notification to be sent to Brightbox Software by the Referrer.
(b) Sales made through Reseller Partners are not eligible as a successful Referral.
(c) A successful referral requires a sale to be made within 120 days of the referral being received.
2. You are limited to one Referral for each Referred Customer. Additional or repeat purchases made at another time, by a Referred Customer, are not counted as additional Successful Referrals.
3. There's no minimum purchase required for Successful Referral.
4. Brightbox Software reserves the right to disqualify a Referral if determined to be ineligible, unsuitable or suspicious, at any time.
5. Referrals must be new customers to Brightbox Software, existing customers or customers involved in a current sales process with Brightbox Software or a Reseller Partner, are ineligible.
6. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address).
7. The Referred Customer and the Referrer cannot work at or own part of the same company or organization.
8. Only an approved Referrer will be eligible to earn commission from referrals.To become approved, you must first apply and receive written acceptance from Brightbox Software.
9. Your status as an approved Referrer will continue until the first to occur of:
(a) Written notice by either party at any time; or;
(b) termination of the referral program by Brightbox Software. Commissions will not be paid on sales made after the date of any such termination.
10. The Referrer must comply with all applicable laws including laws that govern email marketing and spam activities.
11. The Referrer must not misrepresent the product, make false claims.
12. The Referrer must not violate any of Brightbox Software’s intellectual property rights.
13. The Referrer must not advertise on sites containing and/or promoting illegal activities.
14. It is the Referrer’s responsibility to make sure they comply and adhere to their own company rules and any laws related to this program.
15. Brightbox Software reserves the right to remove any Referrer from the Referral Program at any time at its sole discretion. Any active referrals will be forfeited from reward to that Referrer.
16. A payable commission is calculated at 10% from the total paid invoice, of applicable products, minus all fees; including taxes, discounts, returns, chargebacks, fraudulent payments, and/or other third-party fees.
17. Payment of Commission will be made 30 days end of the month.
18. Commission is calculated from the initial software purchase (perpetual or monthly subscription) and any additional training. Software Assurance is excluded from the Referral Reward.
19. There are no maximum amounts that a Referrer can earn.
20. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.
21. The Referrer can elect to receive Commission in the form of direct deposit into a nominated bank account, or discounts on products and services from Brightbox Software for the Referrer or the Referrer’s employer, or nominate a registered charity to have Commission directly paid on your behalf.
ADDITIONAL TERMS & CONDITIONS
22. Brightbox will take care of the entire Sales process, including demonstrating MudShark, and support.
23. Use of the software is still subject to the user licence agreement for each software package.
24. Brightbox Software reserves the right to cancel the Referral Program or to change these Terms & Conditions at any time at its sole discretion. Any active referrals will be forfeited from reward to that Referrer.
25. The parties acknowledge that they are not in a joint venture partnership and there is no franchise arrangement or agency established by this agreement. Neither party may claim or hold itself out as having any other relationship, authority, right or entitlement to represent itself or act as an agent of the other or to have any interest or shareholding in the other because of this agreement.
26. This agreement is governed by and is to be construed according to the laws of New South Wales, Australia and the parties agree to submit to the jurisdiction of the courts and tribunals of that State.
27. If any provision of this agreement is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid, but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from the Agreement and the remaining provisions will remain in full force and effect.