Referral Program Terms & Agreement

1. Introduction

(a) These terms and conditions (Terms) are entered into between you, the individual or entity participating in this referral program, and Flippa.com Pty Ltd (ACN 135 570 713) (we, us or our), provider of the Flippa.com platform (Platform).

(b) If you are an existing member with Flippa, you will also be known as the Referrer. If you have been referred by a Referrer, you will also be known as the Referral.

(c) You may refer new members to Flippa or refer dormant users, who reactivate their membership as a result of your action. A dormant user is defined as a user who has not logged in or used the Flippa Platform in the 180 days prior to your referral action.

(d) These Terms apply to our offer to provide you with Incentives when you refer a person or entity to become a member with us through the Flippa Platform, per the process set out in these Terms (Program). This Program is not applicable in conjunction with any other promotional offer unless expressly indicated.

(e) You accept these Terms by signing up to participate in the Flippa Referral Program and receiving a referral link.

(f) At any time, you may withdraw from the Referral Program and remove your information via the Referral section of your Account settings.

(g) These Terms do not obligate you to make any particular number of referrals, and does not obligate Flilppa to accept any particular number of Referrals.

(h) By participating in this Referral Program, you represent, warrant and agree that:

i. you have full legal capacity, right, authority and power to participate in this Program;

ii. you will not distribute the referral link to any coupon or discount site; and

iii. you are not aware of any actual or potential conflict of interest that may prevent you from participating in the Program, including at law or under any other instrument binding on you.

Action	Incentive	Date Payable
Where a Referral acquires an online business through the Flippa Platform	20% of the success fee paid to us by the Referral	Within 30 days of the date we receive the success fee.
Where a Referral successfully lists a business on the Flippa Platform	20% of the listing fee paid to us by the Referral	Within 120 days of the date we receive the listing fee.
Where a Referral successfully sells their listed business on the Flippa Platform	20% of the success fee paid to us by the Referral	Within 30 days of the date we receive the success fee.

(b) You acknowledge and agree that we may increase or decrease the Incentives listed above at our sole discretion. In the event of multiple increases to the Incentive, the most recent increased amount, as listed on the Platform and/or in effect when the listing is won, will be payable.

(d) The Incentive will not be paid to you where a purchase has been refunded or charged back to the Referral before the date payable.

(e) A minimum of $5 USD is required to process the payment of an Incentive to you. If the total amount of the Incentives payable to you falls below $5 USD, the Incentive will be displayed on your account as “pending approval” and will be paid out when sufficient funds have been accrued.

3. Eligibility Criteria

(a) Subject to the following eligibility criteria, as part of the Program, you are eligible to receive the Incentives when the Referral you referred takes one or more of the actions set out in clause 2(a). These actions are applicable to a new user, or a reactivated dormant user.

(b) You will not be eligible for an Incentive if a dormant user has logged into the Platform within the 180 days previous to your referral action.

i. your membership with Flippa must be in good faith;

ii. you do not represent or act on behalf of a coupon, discount, or promotional website (nor will you share details of the referral link or the Incentive to such websites);

iii. you are from an eligible country (please contact [email protected] for more information on eligible countries);

iv. you are not deemed as high risk by Partnerstack or any other proprietary risk management software that we may employ from time to time; and

v. you must not refer a Referral that is part of your Group Company or where you would personally benefit from the Incentive being received by the Referral.

(d) We reserve the right to exclude a Referral, in accordance with the above criteria and in our sole discretion.

(e) We reserve the right to validate the eligibility of any Referral for membership, and may, at our sole discretion, determine any Referral to be ineligible. Any such decisions will be final.

(f) In the event that a Referral uses multiple Referrer links, the conversion and eligibility for rewards will be attributed to the last referrer who’s link was used by the referral prior to signing up as a new user or signing in as a dormant user.

(g) The business must have a minimum listing price of $25,000. Any listings below this threshold will not qualify for rewards.

4. Program

(a) This Program is only available to you if the requirements set out in clause 3 are satisfied.

(b) As a Referrer, you will refer eligible Referrals using your unique referral link, provided by Flippa when you sign up to the Program.

(d) As a Referrer, you may introduce multiple Referrals and receive the Incentive multiple times in accordance with these terms.

(e) This Program is not available in conjunction with any other promotional offer unless expressly indicated.

(f) We reserve the right to withdraw or amend this Program (including with respect of the amount of the Incentives) at any time at our sole discretion. If this Program is withdrawn or amended, we will honour the Program in respect of any eligible Referrals that were made prior to the Program being withdrawn or amended.

(g) For the avoidance of doubt, you will not receive an additional Incentive where your Referral refers a third person.

5. Privacy

(a) If you provide Flippa with Personal Information about somebody else, including a Referral, you represent and warrant that you have such person’s consent to provide the Personal Information to us. You agree to indemnify us and hold us harmless in respect of any liability we may incur or otherwise become liable for as a result of receiving any Personal Information from you.

(b) For privacy and confidentiality reasons, we will not tell you which Referral met the applicable Eligibility Criteria or about the scope of their membership moving forward.

(c) You acknowledge and agree that by participating in the Program, you consent to your Personal Information being shared with Partnerstack, our partnerships provider.

(d) We also collect Personal Information from you to make available the Program and may, for this purpose, collect, use, and disclose such information to third parties, including but not limited to agents, contractors, service providers, and as required, to regulatory authorities. Please see our Privacy Policy (available at https://flippa.com/privacy-policy/) for more information about how we collect, store, use, and disclose Personal Information, including details about overseas disclosure, access, correction, how you can make a privacy-related complaint and our complaint handling process. By providing Personal Information to us, you agree to the collection, use, storage, and disclosure of that information as described in these Terms and our Privacy Policy.

6. Confidentiality

(a) Subject to clause 6(b), each Party must (and must ensure that its Personnel do) keep confidential, and not use or permit any unauthorized use of, confidential information provided by the other Party.

(b) Clause 6(a) does not apply where the disclosure is required by law or the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with this Agreement and provided that the disclosing Party ensures the adviser complies with the terms of clause 6(a).

7. General

(a) The Incentives are paid directly from Partnerstack, our partnerships provider and are subject to their standard terms and conditions.

(b) Behaviour that is not consistent with the intent of the Program, including but not limited to, publishing, advertising or selling your specific referral details or any conduct on your part which is designed to undermine the intended operation of the Program, is prohibited and may constitute fraud.

(c) If we become aware, or have reason to suspect, that you are fraudulently partaking in the Program, and/or have breached these Terms, you may be disqualified from participating in this Program or any future programs.

(d) A Referral will not be accepted, and we accept no liability, if your entry is incomplete or invalid. We accept no liability if the information in your referral form is entered incorrectly or does not otherwise match our requirements.

(e) For the avoidance of doubt, you may not refer yourself to also be the Referral (e.g. by using separate business entities of your Group Company to be the Referral).

(f) Any decision made by Flippa in relation to the Program is final in all matters.

(g) To the maximum extent permitted by law:

i. neither party will have any Liability for Consequential Loss; and

ii. Flippa’s maximum aggregate liability arising from or in connection with the Program will be limited to, and must not exceed, the value of the Incentives you have received in the 12 months prior to the Liability arising.

(h) To the maximum extent permitted by law we shall have no Liability for:

i. any failure of the Platform that affects your ability to redeem the Incentive;

ii. any malfunction of your systems, including computers, servers or third-party providers, and facilities;

iii. any acts or omissions by you; and

iv. any loss, damage, personal injury or death caused or contributed to by your participation in this Program.

(i) Nothing in these Terms limits, excludes or modifies or purports to limit, exclude or modify any legislation which cannot lawfully be excluded or limited, including the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth) and any other applicable legislation.

(j) Changes to these Terms: Flippa may amend these Terms, by providing written notice to you. By continuing to refer Referrals as part of the Program after the notice, you agree to the amended Terms. If you do not agree to the amendment, you may withdraw from the Program via the Referral section of your Account settings.

(k) Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations, if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.

(l) Governing Law: These Terms are governed by the laws of the state or country in which we are duly incorporated. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in those locations and any courts entitled to hear appeals from these courts.

(m) Disputes: For disputes regarding an Incentive, you may contact [email protected] and we will cooperate with you to assess your dispute and provide a decision to you. For general disputes, a party may not commence court proceedings relating to any dispute arising from, or in connection with, these Terms (Dispute) without first meeting a representative of the other party within 10 Business Days of notifying that other party of the Dispute. If the parties cannot resolve the Dispute at that meeting, either party may refer the Dispute to mediation administered by the Australian Disputes Centre.

8. Definitions

(a) Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of our Services (including our Platform) will not constitute “Consequential Loss”.

(b) Group Company means an entity and its “related bodies corporate” as that term is defined under the Corporations Act 2001 (Cth).

(c) Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.

(d) Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.