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MyBond Affiliate Program Agreement

This MyBond Affiliate Program Agreement (Agreement) comprising the Schedule below and the attached Terms and Conditions is made on the date specified in the Schedule between MyBond Pty Ltd ABN 27 644 744 972 (MyBond) and the real estate agent specified in the Schedule (the Agency).

1. Appointment

1.1 Appointment: MyBond appoints the Agency to make Referrals to MyBond on the terms in this Agreement. The Agency accepts MyBond’s appointment on the terms of this Agreement.

1.2 No exclusivity: The appointment of the Agency is on a non-exclusive basis. The appointment does not limit other methods by which MyBond may promote its Services or to reach Prospective Customers.

1.3 Relationship: The Agency is an independent contractor to MyBond. Nothing in this Agreement has the effect of creating a relationship of employer and employee, partners, principal and agent, or joint venturers between MyBond and the Agency.

1.4 Term: This Agreement commences on the Commencement Date and continues until terminated in accordance with the terms of this Agreement.

2.1 General: The Agency must:

2. Agency’s obligations

2.2 Privacy: Before providing Personal Information about a Prospective Customer who is an individual to MyBond under this Agreement, the Agency must ensure that it may do so in compliance with applicable privacy laws and the privacy policy of the Agency.

3. Commission

3.1 Entitlement: The Agency is entitled to a Commission for each Successful Referral.

3.2 Amount: The amount of Commission payable by MyBond to the Agency is set out in the Schedule.

3.3 Invoice: Within 10 Business Days after the end of each calendar quarter, MyBond will provide the Agency with a Recipient Created Tax Invoice for that calendar quarter which will specify the Commission payable in respect of that calendar quarter, together with any applicable GST. The Agency must not provide an invoice to MyBond for Commission.

3.4 Payment: MyBond must pay the Commission in respect of a calendar quarter within 20 Business Days after the end of that calendar quarter.

3.5 Clawback: If MyBond does not receive a refund of the full amount of the rental bond for which MyBond has provided the Services, the Commission paid by MyBond for that Successful Referral must be refunded to MyBond on demand. MyBond may debit the amount of any refundable Commission from any future payments of Commission under this Agreement.

3.6 Effect of termination: The ending of this Agreement does not affect MyBond's obligation to pay Commission to the Agency in relation to any Successful Referrals which have been made before the end of this Agreement.

3.7 Discount: In addition to paying the Commission, MyBond agrees that for a Successful Referral, it will discount by $20 the amount payable by the Prospective Customer to MyBond as the fee for the Services.

4. Representations and warranties

Each party represents and warrants to the other that:

5. Confidentiality

5.1 Obligation: Each party (the Recipient) must keep confidential any information relating to the other party or the terms of this Agreement unless an exception applies.

5.2 Exceptions: The obligations of confidentiality under this Agreement do not extend to information that is (whether before or after this Agreement is signed):

5.3 Consent: If the party to whom the information relates has consented in writing before the disclosure of that information, then that disclosure does not contravene clause 5.1.

6. Termination

6.1 Notice: This Agreement can be terminated by either party without cause by giving the other party not less than 7 Business Days written notice of termination.

6.3 Survival: The following clauses survive termination or expiry of this Agreement: clauses 3.7, 5, 7, 8, and 9.

6.4 Effect: The ending of this Agreement does not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry.

7. Governing law and jurisdiction

7.1 Governing law: This Agreement is governed by the law applying in New South Wales.