OMG UNLIMITED Program Terms and Conditions
These Terms and Conditions contains the complete terms and conditions that apply to your participation as a member of the OMG Unlimited program ("Unlimited"), operated by Online Marketing Group Pty Limited ("OMG"). As used in this Agreement, "you" or "your" or "participant" means the applicant/participating member.
THIS IS A LEGAL AGREEMENT BETWEEN THE PARTICIPANT AND OMG.
BY SIGNING-UP YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THE OMG UNLIMITED AGREEMENT AND THAT YOU AGREE TO BE BOUND BY THE TERMS HEREOF. YOU CANNOT BECOME A MEMBER OF THE OMG UNLIMITED PROGRAM UNLESS YOU HAVE ACCEPTED EACH AND EVERY TERM HEREOF.
OMG Unlimited Program Overview
Online Marketing Group Pty Limited and the Participant ("Participant") named on the OMG Unlimited Application form, wish to work together for mutual gain.
- OMG will pay Commissions to the Participant for Qualifying Sales.
- All Qualifying Sales must meet OMG's Quality of Sale guidelines and be tracked using OMG's tracking system to be eligible for Commissions. Sales can be faxed to OMG on an OMG approved order form, or made online through OMG's websites. OMG's links have 72 hour tracking cookies.
- Commissions are only available for new customers joining OMG for the first time.
The Participant will submit a completed OMG Unlimited Application through our website. We will evaluate your application in good faith and will notify you of your acceptance or rejection. If the applying Participant is a person, the person must be at least 18 years of age to be eligible to join the Unlimited program. All Participants must have an ABN to be an eligible member of the Unlimited program. OMG may reject your application if it is determined that you are unsuitable for the OMG Unlimited program for any reason, at OMG's sole discretion.
The Participant and OMG are independent, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.
OMG will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Unlimited program will not exceed the total commissions paid or payable to you under this Agreement.
OMG may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our site of a change notice of a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. All such modifications shall take effect immediately after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the OMG Unlimited program, following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change.
The term of this Agreement will begin upon our acceptance of your OMG Unlimited program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your e-mail address in our records, is considered sufficient notice for us to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any commission payments, even for commissions earned prior to the date of termination.
Participant Obligations
- Participant will comply with OMG's guidelines and reasonable requests, and use best endeavours to market and promote OMG's range of products.
- Participant will only promote OMG's products through the types of promotional channels indicated on the Unlimited program application form, or otherwise agreed between the Participant and OMG in writing.
- Any costs the Participant incurs as a member of the Unlimited program, whether directly promoting OMG's offers or otherwise incurred, are the Participant's sole responsibility.
- Participant will not incentivise any third party to sign up to any of OMG's offers without OMG's prior written permission. Any incentivised promotions without OMG's permission will not be counted as Qualifying Sales.
- Participant indemnifies OMG and will keep OMG indemnified to the fullest extent possible against all claims and liabilities arising and occurring as a direct result of the Participant breaching any of its obligations under the Unlimited program, and through any of the Participant's promotional efforts, including but not limited to telemarketing, email marketing, and online web based promotions.
- Participant acknowledges and agrees that to the extent permitted by law, OMG makes no warranties or representations about the services to be provided by OMG under this agreement.
- Participant acknowledges that any intellectual property developed by the Participant or OMG, jointly or separately in relation to this agreement and the Unlimited program will vest with OMG.
- Participant may not manipulate or change OMG's tracking links in any way.
- Participant may not represent itself as being a partner of, or as being OMG or Fairfax Digital.
- Participant is compliant with all respective privacy laws and will not send unsolicited emails, IRC, newsgroup or instant messaging postings, or call numbers on the Do Not Call register.
- Participant acknowledges that once a customer sends a faxed order form to OMG, fills in an online application form for OMG's services or Participant has provided a voice recording to OMG for that customer, then that customer and their data become the property of OMG.
- Participant will take reasonable steps to ensure that any Personal Information held or collected by the Participant is protected against misuse and loss, or unauthorised access, modification or disclosure to any third party.
- Participant will comply with all of OMG’s data security requirements in respect to any data provided by OMG to the Participant, and in respect to the use of any of OMG’s systems.
- Participant will provide accurate and complete information to OMG concerning Participant identity, bank account, address and other required information.
- Participant must make at least two Qualifying Sales before they are eligible to receive payment from OMG.
- Participant will not attempt to cheat, defraud or mislead OMG in any way, and will not misrepresent to the public OMG's range of products or the OMG Advertising terms and conditions. Failure to comply with this clause will result in instant removal from the Unlimited program, and forfeiture of any funds owed from OMG to the Participant.
OMG's Obligations
- OMG will provide the Participant with access to OMG promotional material and other related collateral. All OMG promotional material, templates, scripts and offers and any other intellectual property developed during the course of business by either party carrying out their obligations under this Agreement, will vest with OMG.
- OMG will provide the Participant with a PDF order form (which customers should fax directly to OMG), and with tracking links that the Participant may use to refer customers to OMG's relevant offers and websites.
- OMG will provide a Qualifying Sale and Commission report to the Participant each week by 1pm Wednesday, for the previous week's sales. This report will include any customers that were referred by the Participant, but are no longer Qualifying Sales.
- OMG will make a payment to the Participant for Commissions generated from Qualifying Sales, as detailed in the weekly sales report, less deductions for any Commission adjustments for any customers that are no longer Qualifying Sales. Payments will be made by close of business Friday, for the previous week's sales. (For the avoidance of doubt, this means that OMG will make payment for sales from week 1, by close of business on Friday of week 2.)
- No Commissions will be paid for any customer referred by a Participant who cancels, downgrades or requests a refund during the first five days of joining OMG, or where the customer is deemed not to be a Qualifying Sale. If OMG has paid a Commission to the Participant for a customer, and that customer is no longer a Qualifying Sale, OMG will deduct the Commission paid from any outstanding Commissions owed to the Participant, or if no Commissions are owed to the Participant, or this Agreement has been terminated, OMG may claim the Commission amount paid for any customers who are no longer Qualifying Sales from the Participant. The Participant must pay this amount to OMG within 14 days of receiving notification from OMG.
- In the event, this agreement is terminated, OMG may withhold reasonable funds for a period of up to 90 days to cover any sales that are likely to no longer be Qualifying Sales at the end of the period. After 90 days, OMG will pay the Participant any additional funds that were withheld and are not used to cover customers who are no longer Qualifying Sales.
Definitions & Notes
- All dollar amounts are Australian dollars, and unless otherwise stated, are including GST.
- Commissions means the number of Qualifying Sales in a given period multiplied by the Commission Per Qualifying Sale. The Commission Per Qualifying Sale is provided to the Participant in the secure section of www.unlimited.com.au, or by OMG management in writing, and may be updated from time-to-time. If there is a discrepancy between the Commission Per Qualifying Sale rate, then the published rate in the secure section of www.unlimited.com.au shall prevail.
- Personal Information has the meaning given in any State or Commonwealth legislation (to the extent that a party is subject to it), which affects privacy or any personal information (including the collection, storage, use or processing of such information) including the Privacy Act 1988 (Cth), any applicable regulations or determinations made or issued under such legislation and the National Privacy Principles.
- Qualifying Sales means the sale of an OMG Unlimited approved OMG directory listing or Jumpstart package, which has been tracked by OMG's tracking system, meets OMG's Quality of Sale guidelines (including the provision of a call recording, if the sale is made over the telephone, or a signed OMG approved order form if the sale is made in writing, or a customer initiated online transaction if the sale is made online) and where the customer has paid OMG in full for their listing on OMG's directory service. Existing OMG customers who have paid OMG for services, prior to being contacted by the Participant will not be deemed to be Qualifying Sales. If the customer has cancelled, downgraded or requested a refund, OMG may determine that the customer is no longer a Qualifying Sale. All decisions relating to whether a customer is a Qualifying Sale, is at OMG’s sole discretion, and no discussion will be entered in to.
