In this Agreement, the following words shall have the following meanings:
‘Foreign Currency Transaction(s)’ shall mean any foreign exchange transaction entered into on behalf of a client.
‘Active’ means partner has referred a qualifying customer within the last 365 days.
‘Margin’ means the profit made by TorFX on any completed currency transactions, net of costs.
‘Effective introduction(s)’ means any introduction of a new, qualified customer by the Partner to TorFX that TorFX does not already have on its Database
‘Profit’ means the Australian dollar equivalent of (i) the Group’s revenue (amount of currency purchased by the Qualifying Customer under a Qualifying Trade less the cost of that currency to TorFX), less (ii) any costs, expenses and fees incurred by TorFX (as determined by TorFX in its absolute discretion and without being required to produce evidence thereof) in acquiring and delivering the currency together with any associated services; provided however that where the Profit yields a number less than zero, the Profit will be deemed to be zero;
‘The Company’ means TorFX Limited, TorFX Pty Limited, Suite 202, 25 Elkhorn Avenue, Surfers Paradise, Queensland 4217, Australia. AFS Licence number 246838. TorFX Pty Limited under the Anti-Money Laundering and Counter Terrorism Financing Act 2006 is regulated by the Australian Transaction Reports and Analysis Centre ‘AUSTRAC’. TorFX Pty Limited ABN 27 103 142 829.
10.TorFX reserves the right to change the terms of this agreement in which event the partner will be notified in writing.
TORFX PARTNER CONTENT TERMS
The following terms must be followed by all partners of TorFX as confirmed in the TorFX partner agreement.
You must respect the property rights of TorFX. These rights include trademarks and service marks, copyright and related rights, trade names and domain names, rights to goodwill or to use in passing off and rights in confidential information.
The TorFX Pty Limited logo may only be used with prior express permission from a TorFX Pty Limited representative. Any unauthorised alteration to the TorFX Pty Limited logo is strictly prohibited.
Partners must not use third party logos to promote TorFX Pty Limited without express permission from a TorFX Pty Limited representative.
All advertising or editorial design released by a partner which incorporates information regarding TorFX must have written approval from a Director of TorFX prior to publication.
If you wish, you may, with the prior written consent of TorFX, send direct marketing emails promoting the TorFX business to an opt-in subscription email list, but only where the customer has provided a valid consent for you to specifically market TorFX products and services to them. This consent would need to meet the same criteria as ‘Consent to Contact’ below. Prior to sending any such promotional email, a copy of such email must be sent to TorFX for approval by a TorFX representative. It must be clear that any such email promotion has been sent by the partner and does not state or imply that the email is from TorFX.
CONSENT TO CONTACT (REFERRALS)
New EU data privacy regulations (the GDPR) mean that we are allowed to accept a referral from you only if the person you are referring (‘the referee’) has given their consent, either verbally or in writing, for you to pass their details to us.
If you pass to us (or anyone else) details of people who have not given their consent, then you are breaking EU law and we are not permitted to contact the referee.
When you identify someone you would like to refer to us, you must ask them the following question, either verbally, in writing or by email:
‘Would it be okay for me to share your name and contact details with TorFX so they can contact you about their money transfer service?’
We will ask the client to confirm this consent whenever we contact a client referred by you. Only if the referee confirms they gave consent will we be able to continue the conversation.
From time-to-time we may ask you to provide tangible evidence that referees have provided consent. Note that the standard for recording verbal consent is for you to keep a log of meetings where consent was captured, including the names of those present, the date, time and place.
Repeated referee rejections may indicate that referrals are unsafe and result in suspension or termination of the affiliate relationship.
TorFX operates a strict policy for online content.
Your website should not:
You should ensure that your website complies with all terms and conditions, and guidelines issued by TorFX including those contained in this document.
You shall be solely responsible for the development, operation, and maintenance of your website and for all materials and links that appear on your website.
Any content used to promote TorFX must first be approved by a TorFX representative prior to publication in any form. Under no circumstances can the content appear online without approval from TorFX.
Unauthorised copying or re-wording of the content from any TorFX owned website is strictly prohibited. The copyright of this content is owned by TorFX. Any unauthorised copying or re-wording will constitute an infringement of copyright and may result in termination of the partner agreement as described below.
TorFX may in its sole discretion monitor Partner websites and shall notify you of any aspect of your website that the company reasonably considers to be unacceptable with respect to the partner agreement and the TorFX Partner Content Terms. On notification of such and infringement you agree to change your website to remove any such unacceptable content as soon as reasonably practicable and in any event, no later than 7 days after being notified by the company. Failure to do so may result in termination of the partner agreement as described below.
TorFX may provide the partner with content for publication on the partner’s website(s). Content may include (but will not be limited to) market commentary, editorial design and copy, promotional copy, images, tools, widgets and data feeds. All content provided by TorFX to partners for publication on the partner’s website(s) remains the intellectual property of TorFX and must be removed from the partner’s website(s) if requested by TorFX in its sole discretion or upon termination of the partner agreement by either party.
TorFX Pty Limited employs Cookies to monitor each user’s activity on the TorFX Pty Limited Website. Each Cookie shall be valid for a period of 30 Days.
Partners should not optimise to appear above torfx.com in natural search listings for brand keywords.
If you operate within social environments you must communicate under your partner name so there is clarity that you are not passing yourself off as TorFX and so customers understand you operate separately to TorFX.
PAY-PER-CLICK / PAID SEARCH (“PPC”) RESTRICTIONS
You shall not without the prior written consent from TorFX:
You shall display your own trade mark (word and/or logo) prominently on your Website and shall ensure that a customer browsing your Website is given enough information to convey the message that your Website is not operated by or on behalf of TorFX, including and particularly any page where you capture details that you will send to us under the affiliate scheme.
You shall ensure that any written statement promoting TorFX displayed on your Website is written from a third party perspective. By way of example only, you should not use terms such as “our services” in respect of TorFX services.
TorFX grants its partners a non-exclusive, royalty-free, revocable licence to use and display the Trade Marks and TorFX Content on your Website solely for the purpose of promoting TorFX and creating Links to the TorFX Website provided that such promotion of TorFX by you is in accordance with the terms and conditions of the Partner Agreement and the TorFX Partner Content Terms.
Nothing in this document shall grant to you any right to use any of the Trade Marks as part of your corporate or trading name and you undertake not to do so or to otherwise to hold yourself out as being an agent of TorFX.
You acknowledge that all content on the TorFX Website is proprietary to or licensed by TorFX and may not be reproduced, modified, transmitted, displayed, published or distributed without the prior written consent of TorFX. You shall comply with these terms at all times.
THE WHOLE AGREEMENT
TorFX shall be entitled to perform ad hoc checks from time to time of partner websites to ensure that they are complying with all the terms of this Agreement.
Infringement of any of these terms may result in suspension of the partner from the partner agreement in which case the partner will forfeit any outstanding commission that would otherwise be due to the partner at the date of termination and any future commissions otherwise accruing.
If for any reason the partner agreement is terminated by either party, the partner agrees to remove all content provided to the partner by TorFX from its website(s) within 7 days of the notice to terminate the partner Agreement being delivered by either party to the other.
For more information, or further clarification on whether your activity would contravene any of the above Terms and Conditions please contact [email protected]