Affiliate Program Terms

1. About these sample terms

This document is a sample. We publish it so that people thinking about joining the ConvoHut affiliate program can read the terms before they apply. It is provided for information only.

The terms that apply to you are the Affiliate Program Terms you accept when you apply and are approved. If those terms are different from this sample, the terms you accepted apply.

This sample is not legal, tax or financial advice. Text in square brackets is a placeholder for a figure or choice that has not been confirmed.

In these terms, ConvoHut, we, us and our mean ConvoHut Pty Ltd (ABN 28 702 994 938) of Melbourne, Victoria, Australia. You and your mean the person or business approved as an affiliate.

2. Eligibility and approval

You apply to join by completing our affiliate application. You must give us accurate information about yourself and about where and how you plan to promote ConvoHut.

You must be at least 18 years old, or a registered business, and able to enter a binding agreement.

We decide whether to approve each application and we may decline one for any reason. We look at whether your audience is a good fit for ConvoHut and at how you promote other products.

You become an affiliate when we confirm your approval in writing. These terms apply from that date.

You must keep your details up to date, including your payment and tax details.

3. Links and codes

When you are approved, we will give you a unique affiliate link [and a referral code].

You must use your link or code exactly as we give it to you. You must not hide, shorten or redirect your link in a way that conceals where it leads or that stops tracking from working, [other than with an ordinary link shortener on a platform that requires it].

Your link and code are personal to you. You must not let someone else use them, and you must not use them on a channel that you did not tell us about [without telling us first].

We rely on our own tracking records to work out attribution and commission. Tracking depends on the customer's browser and device settings, and we cannot promise that every click will be recorded.

4. Attribution

A customer is attributed to you if the customer signs up for ConvoHut within 60 days after clicking your affiliate link, or signs up using your referral code.

The customer must be new to ConvoHut. A business that already has, or has previously had, a ConvoHut account or subscription is not attributed to you.

[If a customer clicks the links of more than one affiliate, the customer is attributed to the affiliate whose link the customer clicked last before signing up. If a customer uses a referral code at sign-up, the code takes priority over a link.]

[If a customer has been validly registered by a ConvoHut agency partner before signing up, the customer is attributed to the agency partner and no affiliate commission is payable.]

[You do not earn commission on your own subscription, or on the subscription of a business that you own or control.]

Only one reward is payable for each customer. An affiliate commission is not payable in addition to an agency partner revenue share or a customer referral credit for the same customer.

5. Commission

We pay you a commission of 20% of the subscription fees each attributed customer pays ConvoHut during the customer's first 12 months.

The first 12 months start on the date we receive the customer's first subscription payment.

Commission is calculated on subscription fees we actually receive. It excludes GST and other taxes, refunds, chargebacks and Meta message charges. Meta message charges are paid by the customer to Meta directly and are not ConvoHut revenue.

If a customer changes plan during the first 12 months, commission follows the subscription fees we actually receive. If a customer is given a discount, credit or free period, commission is calculated on the amount we actually receive.

Examples, using ConvoHut's current plan prices. [The examples treat the plan price as the amount received excluding GST.]

• A customer on the Pro plan at A$99 a month: 20% is A$19.80 a month, which is A$237.60 over 12 months.
• A customer on the Growth plan billed annually at A$288 a year: 20% is A$57.60, earned once on the annual payment.

These examples show how the calculation works. They are not a forecast or a promise of what you will earn. Plan prices can change.

6. Payment

A commission becomes payable once the customer's payment has cleared and 30 days have passed without a refund or chargeback.

We pay commissions monthly. Commissions that became payable in a month are paid by [the 15th day of the following month], by [electronic transfer to the account you nominate], in [Australian dollars].

The minimum payout is A$50. If your payable balance is less than A$50, it carries over to the next month until it reaches A$50.

If a payment is refunded or charged back after we have paid commission on it, we may deduct that commission from your later payments.

Commission is stated excluding GST. If you are registered for GST and GST applies to your supply to us, [we will add GST and issue a recipient-created tax invoice, or ask you for a valid tax invoice, before we pay]. You are responsible for your own taxes on commission.

We do not have to pay you until you have given us the payment and tax details we reasonably need. [If you do not give us those details within 12 months after a commission becomes payable, the commission lapses.]

If you think a payment is wrong, tell us within [60] days after the payment and we will check it.

7. Disclosure

You must disclose to your audience that you earn a commission when people sign up to ConvoHut through your link or code.

The disclosure must be clear, easy to notice and close to the recommendation or link. It must be made each time you promote ConvoHut, in the same format as the promotion. A disclosure hidden in a profile, a footer or a separate page is not enough.

You must follow the advertising and consumer laws and the platform rules that apply to you, including the rules on endorsements and sponsored content in the places where your audience is.

Your content must reflect your honest opinion. You must not say that you use ConvoHut, or that you achieved a result with it, if that is not true.

8. Prohibited promotion

You must not do any of the following.

• Bid on ConvoHut brand terms in search ads. This includes the ConvoHut name, our domain names and misspellings or variations of them, alone or combined with other words. [You must also add 'ConvoHut' as a negative keyword in your search campaigns.]
• Send spam, or promote ConvoHut by unsolicited email, SMS, WhatsApp message, direct message or comment.
• Use bought, rented, scraped or shared contact lists.
• Make misleading claims about results. You must not promise or imply a particular revenue, conversion rate, reply rate or return from using ConvoHut, and you must not invent testimonials, case studies or statistics.
• Describe features, prices or integrations that are not in our current published materials.
• List ConvoHut on a coupon, voucher, deal or cashback site, or offer cashback, rebates or other rewards for signing up, without our written approval.
• Use fake accounts, bots, incentivised clicks, cookie stuffing, pop-ups that load your link without a real click, or any other method that creates clicks or sign-ups that are not genuine.
• Run ads that send people straight to our website through your link in a way that looks like the ad came from ConvoHut.
• Promote ConvoHut alongside content that is unlawful, hateful, deceptive or adult, or in any way that could harm our reputation.

You must follow all laws that apply to your promotion, and Meta's policies, including its advertising policies and its WhatsApp Business policies, where they apply to what you do.

If we reasonably believe that a sign-up was obtained in breach of these terms, no commission is payable on it and we may recover any commission already paid on it.

9. Brand use

While you are an affiliate, we give you a limited, non-exclusive, non-transferable licence, which we can withdraw, to use the ConvoHut name, logo and any marketing materials we give you, only to promote ConvoHut under these terms.

You must use them in the form we give you and follow any brand guidelines we give you. You must change or remove a use if we reasonably ask.

You must not say or imply that you are ConvoHut, that you work for ConvoHut, or that you are our exclusive or official partner. You must not say or imply that Meta or WhatsApp endorses you or ConvoHut.

You must not register or use a business name, domain name or social media handle that includes 'ConvoHut' or anything confusingly similar.

We own the ConvoHut name, logo, product and materials. These terms do not transfer any of them to you.

10. Relationship

You are an independent contractor. You are not our employee, agent, partner or reseller, and you cannot bind ConvoHut or make promises on our behalf.

The arrangement is not exclusive. You can promote other products and we can work with other affiliates.

Customers contract with ConvoHut directly, on our Terms of Service, and pay us directly. We decide our plans, prices and features, whether to accept a customer, and whether to suspend or end a customer's account.

You are responsible for your own costs, content, channels and taxes.

11. Changes and termination

We may change these terms or the program, including the commission rate. We will give you at least [30] days' notice by email before a change takes effect. [A change to the commission rate does not apply to customers who were attributed to you before the change took effect, for the rest of their first 12 months.] If you do not agree with a change, you can leave the program.

Either of us may end your participation at any time by giving the other [14] days' written notice.

We may suspend or end your participation immediately if we reasonably believe that you have breached section 7 or 8, committed fraud, or acted in a way that harms or is likely to harm our reputation or our standing with Meta.

When your participation ends, you must stop using your link, your code and our name and logo.

[If your participation ends other than for your breach, we will keep paying commission on customers already attributed to you for the rest of their first 12 months. If it ends because of your breach or fraud, commission stops on the end date and we may withhold unpaid commission that relates to the breach.]

12. Liability

We do not promise that you will earn any particular amount, that our tracking will be free of errors, or that the program will continue without change.

Nothing in these terms excludes, restricts or modifies any right, remedy or guarantee that cannot be excluded or limited by law, including under the Australian Consumer Law.

Subject to that, neither of us is liable to the other for loss of profit, loss of revenue, loss of business or any indirect or consequential loss, and the total liability of each of us to the other under these terms is limited to [the commission paid or payable to you in the 12 months before the claim arose].

This limit does not apply to our obligation to pay commission you have earned, to fraud or wilful misconduct, or to your obligation below.

You are responsible for your own content and promotion. You indemnify us against claims made against us by a third party, including a regulator, to the extent the claim is caused by your content, your promotion or your breach of these terms.

13. General

• Confidentiality. You must keep confidential any non-public information we give you about the program, our customers or our plans.
• Privacy. Each of us must follow the privacy laws that apply to it. We do not give you personal information about the customers you refer, [other than the limited sign-up and commission information shown in your affiliate reports].
• Disputes. If there is a dispute, each of us will first try in good faith to resolve it by discussion. [If it is not resolved within 20 business days, either of us may refer it to mediation in Melbourne before starting court proceedings, except for urgent relief.]
• Governing law. These terms are governed by the laws of Victoria, Australia. Each of us submits to the non-exclusive jurisdiction of the courts of Victoria.
• Assignment. You must not transfer your participation without our written consent. We may transfer these terms to a related company or a buyer of our business.
• Entire agreement. These terms are the whole agreement between us about the affiliate program.
• Notices. We will send notices to the email address on your affiliate account. You can send notices to [the affiliate contact email address we give you].
• Severance. If part of these terms cannot be enforced, the rest continues to apply.
• Acceptance. You accept these terms electronically when you apply, and they bind you from the date we approve you.