Expert Referral Program Terms & Conditions
These terms & conditions (Terms) set out the terms which govern our Expert referral program (Referral Program). Please read these Terms carefully before you use our Referral Program. By participating in our Referral Program, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not participate in our Referral Program.
Capitalised terms not defined in these Terms have the meaning given in the Expert 360 Legal Terms.
1.1. Subject to your compliance with the terms of this Agreement, Expert360 will pay you a referral fee to your personal bank account (Referral Fee) if you meet the Referral Program requirements (as in force at that time) in Australia. You can find out the amount of the Referral Fee you will be entitled to (amongst other things) in the Expert Referral Program outline (link TBC).
1.2. You must be a registered Expert with Expert360 to participate in the Referral Program.
1.3. You may participate in the Referral Program by referring to Expert360 a potential new Project, including providing an introduction to the relevant new client (including their name and contact details), all in writing. To qualify for the Referral Fee, the Project must not already be recorded in our CRM system or on the Expert360 platform at the time you provide the introduction.
1.4. By referring a potential new client, you warrant to Expert360 that you have the express permission of the person to provide their contact details and for Expert360 to contact the person and that, by participating in the Referral Program, you are not breaching any non-disclosure or other obligations you may have. Without this authority, you acknowledge that you are ineligible to participate in this Referral Program.
1.5 Provided you meet the requirements of the Referral Program (as in force at that time) more than once, you are entitled to a Referral Fee each time you meet such requirements.
1.6. You are only eligible to receive payment from Expert360 if your referred Project is completed and invoiced through the Expert360 platform. In these circumstances, the Referral Fee will be payable within 30 days of the end of the calendar quarter in which Expert360 receives payment for its final invoice for the Project.
1.7 The Referral Fee does not apply if the Expert is referring a Project for which that Expert is to be engaged.
1.8. A new Project may only be referred by one person. If multiple people refer the Project to Expert360, the person who referred the Project first will be eligible for the Referral Fee.
1.9. Projects referred to Expert360 by recruiters or third party companies will not constitute a valid referral and Expert360 is not liable to pay the Referral Fee for such referrals.
2. PROHIBITED USES
You may only use our Referral Program for lawful purposes and if you act in good faith. You must not:
(a) create more than one account in order to refer yourself;
(b) refer others that have created, or may create, duplicate accounts;
(c) use alternative contact information to refer yourself or others that have created duplicate accounts;
(d) refer clients that you do not know personally, if you do so in a way that (in Expert360’s sole and absolute opinion) constitutes spam or other undesirable or unsolicited communications;
(e) do anything that damages Expert360’s brand, goodwill or reputation;
(f) use the Referral Program in: (i) any way that breaches any applicable local, national or international law or regulation; or (ii) any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(g) transmit any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
(h) otherwise attempt to circumvent these Terms or the Referral Program.
3. ABUSE OF THE REFERRAL TERMS
3.1. Expert360 has the right to refuse to pay you the Referral Fee if (in its sole and absolute discretion) Expert360 suspects that you have not used the Referral Program in good faith or have breached any term or condition of these Terms. For example (without limitation), referring Projects that would normally fall under an enterprise agreement between Expert360 and its client.
3.2. Expert360 will determine, in its sole and absolute discretion, whether there has been a breach of these Terms. When a breach has occurred, Expert360 may take such action as it deems appropriate, including (but not limited to) termination of these Terms, terminating or suspending your account(s), closing third party account(s) and suspending the Referral Program.
Expert360 reserves the right to:
(a) amend, alter or change the Referral Program and these Terms at any time; and
(b) terminate and withdraw the Referral Program and the Referral Fee at any time,
upon providing notice to those Experts participating in the Referral Program at that time.
To the maximum extent permitted by law, whether under contract, in tort (including negligence), under statute, in equity, or otherwise at law, Expert360 excludes all liability (including for indirect or consequential loss or damage) to you in connection with the Referral Program or the Referral Fee. If Expert360 is not permitted to limit its liability to you, the maximum aggregate liability of Expert360 to you, whether under contract, in tort (including negligence), under statute, in equity, or otherwise at law in connection with the Referral Program or the Referral Fee, is limited to the maximum Referral Fee payable to you for a single referred Project.
6.1. These Terms constitute the entire agreement between Expert360 and you in connection with the Referral Program.
6.2. These Terms are governed by the laws of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts of that State.