By signing up to be a referring entity in the HtAG Analytics Referral Program (the “Program”) you agree to be bound by the following terms and conditions (the “Terms”). Please ensure that you read them carefully before signing up. These Terms are a legal agreement between HtAG Analytics a company registered in NSW under ACN 622 716 492 (“HtAG Analytics”, “we”, “us”) and You (the “Referring Entity”, “you”).
We reserve the right to update and change the Terms from time to time without notice. Any amendments, modifications, enhancements or changes to the Program including the release of new features and resources made available by us from time to time shall be subject to these Terms. Continued use of the Program after any such changes shall constitute your consent to such changes.
Any violation of these Terms may result in, among other things, termination or suspension of your rights to be a referral partner and forfeiture of any outstanding affiliate referral fee payments earned during the violation.
HtAG Analytics reserves the right to amend, modify, or update these Terms and Conditions at any time, at its sole discretion, without prior notice. The most current version of the Terms, as published on the HtAG Analytics website, shall apply and be binding on all participants in the Program. Your continued participation in the Program following any such amendments constitutes your agreement to be bound by the updated Terms.
Account Registration & Terms
You must provide your legal full name, a valid email address, and any other information requested in order to complete the sign up process for a referral account (“account”).
You must be 18 years of age or older to join this Program.
Each account is for use by either a single legal entity (e.g. a company or a partnership) or an individual user. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any user names and passwords issued (including those of any Invitees) rests with you.
You may not use the Program for any illegal or unauthorized purpose. You must not, in the use of the Program, violate any laws in your jurisdiction (including but not limited to copyright laws).
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site.
You may not use our name or graphics in any bulk email whatsoever unless we have given our advanced written consent. We may terminate the Agreement if any meaningful spam complaints naming us or our services result from your marketing activities.
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program.
In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our Services, say you are part of HtAG Analytics or express or imply any relationship between us and you or any other person or entity, except as expressly permitted by this Agreement.
Both parties agree to comply with all applicable privacy and data protection laws, including the Australian Privacy Principles under the Privacy Act 1988 (Cth), with regard to any personal information processed in connection with the Program.
Referral Links & Discount Codes
Upon acceptance into the Program, you will receive a unique referral URL (referral link) associated with your account. This link is used to identify and track referrals originating from your marketing activities.
Referral Attribution Rules:
Referral Link Requirement: All referral commissions are earned exclusively through the use of your unique referral link. A customer must sign up for an HtAG Analytics subscription by clicking your referral link in order for the referral to be attributed to you and for you to be eligible to receive the applicable referral fee. No referral fee will be payable unless sign-up occurs via your referral link as tracked and verified by our system.
Discount Codes — Transferred Partners Only: Referral discount codes are issued solely to transferred partners as part of a legacy or transitional arrangement. Discount codes do not generate referral commissions. They are provided as a customer-facing benefit only and do not constitute a basis for referral attribution or fee eligibility. For the avoidance of doubt, use of a discount code alone — without the corresponding referral link — will not result in any referral fee being credited to your account.
System Attribution & Tracking: All referral fees are strictly calculated and paid only for referrals tracked and verified by HtAG Analytics’ automated attribution systems. If a referral cannot be confirmed in our tracking data, no referral fee will be paid, irrespective of claims or circumstances.
Additional Terms: It is your responsibility to ensure that your referral link is used and communicated in accordance with these Terms. Referral links may not be modified, and any attempt to circumvent the attribution process may result in forfeiture of referral fees earned and/or termination from the Program.
Referral links and codes may not be used in any illegal, misleading, or unauthorised promotions. HtAG Analytics reserves the right to update the mechanisms or criteria for referral tracking and attribution at its discretion.
You must not use HtAG Analytics’ trademarks, brand name, or domain names in any paid advertising, including but not limited to search engine marketing (PPC/SEM), or create websites or social profiles impersonating HtAG Analytics. Violation may result in immediate termination from the Program and forfeiture of referral fees.
Referral Fees
Commission Rates:
Earn up to 30% commission on all new subscriptions referred through the Program.
For short-term subscription plans, receive a 30% commission on each subscription renewal for up to 11 consecutive monthly cycles, as long as the customer remains active and their subscription is not cancelled or expired due to non-payment.
For long-term subscriptions, receive a 30% commission on the initial term only; there are no recurring commissions for renewals of long-term subscriptions.
The Starter and Elite plan is not eligible for commissions and referral discount codes cannot be applied to this plan.
Eligibility Criteria:
A referral fee is only payable if the customer registers via your referral link to the HtAG Analytics website within 30 days of the initial click-through.
If a customer does not sign up within 30 days of clicking your referral link and later subscribes without using your link, a referral fee will not be credited to you.
Use of a discount code alone does not qualify for referral commission. The referral link must be used at the time of sign-up for commission eligibility.
Tracking and Attribution:
Referral fees are only paid for referrals that are automatically tracked and reported by our systems.
Tracking requires cookies to be enabled by the visitor; if cookies are disabled, referral attribution is not possible.
Referral fees will not be paid for sign-ups that are not tracked by our system, regardless of any claims or correspondence.
Payment of Referral Fees:
Referral fees are credited to your Affiliate account only after the referred customer has made their subscription payment in full.
Fees are not considered earned until full payment has been received.
Commission Caps:
HtAG Analytics may set or update annual or lifetime caps on total referral fees payable to any participant at its sole discretion. Any cap will be communicated to you in writing at least 30 days before going into effect.
Payout Process
Eligibility for Commission Payments
Commissions are only paid out to referral partners who maintain an active subscription to HtAG Analytics.
Payout Timing and Minimum Threshold
Referral fees are paid out approximately once per month.
Payouts will only be processed when your accrued referral fees reach a minimum of $2,000.
Payments are issued via bank transfer or PayPal only. Other payment methods such as cheque, credit card, cash, or other alternatives are not supported.
A valid bank account or PayPal account must be provided to receive referral fee payments.
Invoice and Tax Requirements
You are required to submit an invoice to HtAG Analytics after your payout is approved for payment.
If you are registered for GST, your invoice must include the commission amount inclusive of GST.
If you are not registered for GST, your invoice should reflect the commission amount reduced by 10%.
Each referring entity is solely responsible for determining and meeting their tax obligations (including GST if applicable) under Australian or international law.
HtAG Analytics does not withhold tax on your behalf.
Refunds, Chargebacks, and Risk Procedures
Referral fees will not be paid on customer payments that are refunded or charged back due to credit card fraud.
Credit of referral fees may be delayed to allow for risk assessment and compliance with Anti-Money Laundering procedures.
Referral Fee Verification
Commissions are only paid on orders that have been actually paid by the referred customer.
Notification emails regarding commission earnings are for informational purposes only and do not confirm entitlement to payment; all commissions are subject to verification against real transactions.
Disqualification and Withholding
Referral fees may be disqualified if earned through self-referral, partnering entity referral, fraudulent, illegal, or overly aggressive or questionable sales or marketing practices.
HtAG Analytics reserves the right to withhold or suspend payment of referral fees while investigating suspected violations, abuse, or fraud. Payments may be released or permanently withheld based on the outcome of our investigation.
Access to Statements
A summary of sign-ups and statements of referral fees is available at any time through your referral account dashboard.
Change of Fee Structure
The referral fee structure is subject to change at the sole discretion of HtAG Analytics.
Payout Grace Period
To ensure the accuracy and integrity of referral fee payouts, a grace period of up to 60 days applies before any payout is approved.
During this grace period, HtAG Analytics will verify that the customer’s subscription remains active and that no cancellations or chargebacks have occurred.
Only after this verification period is complete and the referral fee eligibility is confirmed will your payout be approved and processed.
Self-Referrals and Partnering Entity Referrals
Under no circumstance will self-referral payments be considered within our referral program.
Self-referral includes referring members of the same business or partnerships that publicly present themselves as a single entity. This includes, but is not limited to, joint podcasts, events, or any public representation that identifies the referring party and the referred party as a unified or related entity.
Any breach of this self-referral and partnering entity referral policy may result in the termination of your referral account and forfeiture of any unpaid referral fees.
Prohibition on Public Dissemination of Discount Codes
You are expressly prohibited from publishing or disclosing discount codes issued to you as part of the Program on any public coupon, voucher, or deal aggregation websites, or engaging in any Search Engine Optimisation (SEO) practices or other actions designed to cause the discount codes to appear in public search engine results, search snippets, or summaries.
Discount codes must only be provided to individual prospective customers through direct, private communications initiated by you, such as email, private messaging, closed community platforms (e.g., WhatsApp groups), or similar non-public channels. Any attempt to publicly display discount codes or facilitate their discovery through public means constitutes a material breach of these Terms and may result in immediate termination from the Referral Program and forfeiture of any outstanding referral fees.
Unauthorised Sharing of Logins
Referred participants must adhere to all terms and conditions, including maintaining the confidentiality and security of their login credentials.
Our system is designed to automatically detect any unauthorised sharing of logins. If it is determined that a referred party has shared their login credentials with unauthorised individuals or entities, all commissions related to that referral will be rejected.
Such actions constitute a violation of our terms and conditions, and will also result in the termination of the referred account and forfeiture of any unpaid membership fees.
Customer Definition
Every customer who buys a service through this program is deemed to be a customer of HtAG Analytics. Accordingly, all of our rules, policies, and operating procedures concerning pricing, customer orders, customer service, and services sales will apply to those customers.
We may change our policies and operating procedures at any time. HtAG Analytics is not responsible for any representations made by the Affiliate that contradict our rules, policies or operating procedures.
Pricing & Availability
We will determine the prices to be charged for services sold under this Program in accordance with our own pricing policies. Services prices and availability may vary from time to time.
Because price changes may affect services that you have listed on your site, you should not display services prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular service.
Copyrighted and Trademarked Material
You are solely responsible for ensuring that your reviews, product descriptions and articles (if applicable at your site) obey all applicable copyright, trademark, and other laws.
HtAG Analytics will not be responsible if you use another party’s copyrighted or trademarked material in violation of the law.
Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your 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 address on our records, is considered sufficient notice to terminate this Agreement.
HtAG Analytics reserves the right to end the Program at any time. Upon Program termination, HtAG Analytics will pay any legitimate outstanding earnings.
Termination
HtAG Analytics, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other HtAG Analytics service, for any reason at any time. Such termination will result in the deactivation or deletion of your referral account, and the forfeiture and relinquishment of all potential or accrued referral fees in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods or if you have breached the terms of this agreement herein.
HtAG Analytics reserves the right to refuse service to anyone for any reason at any time. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to the HtAG Analytics website and all our images and other materials provided under the Program.
Relationship of Parties
By participating in the Program, you consent to HtAG Analytics identifying your business by name and/or logo as a referral partner in our marketing materials, unless you notify us in writing that you do not wish to be identified.
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.
You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Agreement.
Limitations of Liability
The Company and any of the Company’s officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Program.
Nothing in this legal notice shall exclude or limit the Company’s liability for:
- death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
- fraud; or
- misrepresentation as to a fundamental matter; or
- any liability which cannot be excluded or limited under applicable law.
If your use of material provided under this Program results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. The Company’s maximum aggregate liability under or in connection with these Terms, or any collateral contract, whether in contract, tort (including negligence) or otherwise (a “Claim”), shall be limited to a sum equal to the aggregate amount which we are obliged to pay you in the one (1) month period immediately prior to the period giving rise to such Claim.
Arbitration
If a dispute arises in relation to the Program or these Terms, both parties agree to attempt in good faith to resolve the dispute through informal discussions and mediation before resorting to arbitration as set out below.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration in New South Wales. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Notice
All notices given by you to us must be given to HtAG Analytics in writing.
We may give notice to you at the e-mail address you provided to us when registering. Notice will be deemed received and properly served 3 business days after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control (a “Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of public or private telecommunications networks;
- the acts, decrees, legislation, regulations or restrictions of any government.
Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.
Waiver
If we fail, at any time to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled hereunder, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Severability
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Entire Agreement
These Terms and any document expressly referred to in it represents the entire agreement between us in relation to the use of the Program and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into these Terms, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into these Terms except as expressly stated herein.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date we entered into these Terms (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms.
Governing Law and Jurisdiction
This legal notice shall be governed by and construed in accordance with the laws of New South Wales. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the New South Wales Courts.
