These terms govern your participation in the Mobile Message Partner Program. They form part of our Terms and Conditions and use the same defined terms, so your Mobile Message account is also governed by those Terms, our Privacy Policy and our Anti-Spam and Compliance Policy. Where these Partner Program Terms deal with the Partner Program specifically, they apply in addition to those documents.
In these terms, "Partner", "you" and "your" mean the person or business taking part in the Partner Program. "We", "us" and "our" mean Mobile Message Pty Ltd. "Referred Customer" means a customer attributed to you under section 4. "Commission" means the amount payable to you under section 5. Amounts are in Australian dollars.
To take part in the Partner Program you must hold an active Mobile Message account, be a business with a valid Australian Business Number, and accept these terms from the account owner login. We verify the ABN you provide against the Australian Business Register when you activate, and the ABN must be active and match the entity you are operating as.
Participation is at our discretion. We may approve or decline an application, and we may suspend or terminate your participation at any time, with or without notice, where we consider it necessary. Grounds include a breach of these terms, suspected fraud or manipulation of the program, conduct that damages our reputation or a customer relationship, an inactive or cancelled ABN, or a breach of the Terms and Conditions on any account you hold.
While your participation is suspended, Commission may continue to accrue but is not payable, and payout requests will not be processed until the suspension is lifted.
You must keep the details on your partner profile accurate and current, including your ABN and bank details, and you must tell us promptly if any of them change. You must also keep your details on the Australian Business Register current, including your GST registration, because that register is where we read your entity name and your GST status from.
A referral occurs when a person who does not already have a Mobile Message account clicks your unique referral link, and then registers a new Mobile Message account within the attribution window set out in section 4.
The account must be registered by the customer themselves, using accurate details, in the ordinary course of that customer deciding to use our Service. A referral is only valid where the customer has genuinely chosen to sign up.
We may treat a referral as invalid, and revoke it, where the account is not a genuine new customer, where the signup was procured by conduct prohibited under these terms, or where the account is closed, suspended or terminated for breach.
The Partner Program rewards the introduction of new customers. A business or person that already holds a Mobile Message account, or has previously held one, is not an eligible referral, and no Commission is payable in relation to that account. This applies whether or not the existing account is currently active, and whether or not the customer clicks your referral link.
Additional accounts opened by an existing customer, including accounts opened under a different trading name or email address by the same underlying business, are not eligible referrals.
When someone clicks your referral link we place a cookie in their browser recording your referral code. That cookie lasts for 60 days. If the person registers a Mobile Message account within those 60 days, the account is attributed to you.
Attribution is on a last click basis. If a visitor clicks more than one partner referral link, the most recent valid click before signup determines who the referral is attributed to, and any earlier click is superseded.
Tracking depends on the visitor's browser accepting and retaining cookies, on the visitor completing signup on the same browser and device, and on the signup occurring within the attribution window. Attribution cannot be applied after the fact where those conditions were not met.
Our tracking and account records determine whether a referral occurred and to whom it is attributed, and those records are final, subject to the dispute process in section 19.
For each Referred Customer, you earn Commission of 20% of the value, excluding GST, of that customer's eligible SMS credit purchases. Commission is calculated on the amount actually paid for the credits, excluding GST, and does not include any amount funded from a partner balance.
Commission runs for 24 months from the date the Referred Customer registers their account. Purchases made after that 24 month period ends do not earn Commission. There is no minimum spend, and there is no cap on how much you can earn from a Referred Customer within the period.
The Commission rate and the terms that apply to a referral are fixed at the time the referral is created, and are recorded against that referral. If we later change the program, the change applies to referrals created after the change takes effect. Existing referrals continue on the rate and terms recorded against them.
Commission is only payable while you hold an active partner profile. Commission is not payable on any purchase made by a Referred Customer after your participation is terminated.
The following do not earn Commission, and where they have already been counted we reverse the Commission relating to them:
Commission is recorded as pending when the qualifying purchase is made, and becomes available 30 days later. The pending period gives time for refunds, chargebacks and payment reversals to surface before an amount can be paid out or spent.
Commission that is still pending may be reduced or removed if the underlying payment is refunded, reversed or fails, if the referral is revoked, or if we identify a breach of these terms. Only available Commission can be paid out or applied to SMS credits.
You can request a payout once your available balance reaches $100 excluding GST. Payouts are made by bank transfer to an Australian bank account held in the name of the entity registered against your partner profile. We do not pay to overseas accounts, and we do not pay to an account in a different name.
Payouts are processed manually and we aim to pay approved requests promptly. We may hold, delay or reject a payout while we investigate suspected fraud, a breach of these terms, a dispute involving a Referred Customer, or an issue with the bank details provided. We may also require reasonable evidence of your identity, ABN or bank account before paying.
You are responsible for the accuracy of the bank details you provide, and we are not liable for a payment made to an account you nominated incorrectly. Bank details can only be changed by the account owner, and we email the account when they change.
There is no expiry on an available balance while your participation is active. If your participation ends, section 21 applies.
Instead of a payout, you can apply any available balance towards your own SMS credit purchases. There is no minimum amount for this, and you can use part of a balance and keep the rest.
The Commission owed to you and the credit purchase you apply it to are separate transactions. The Commission is a payment from us to you for your services under this program, and the credit purchase is a supply of credits from us to you under the Terms and Conditions. Each is documented separately, and the credits you buy are subject to the same terms as any other credit purchase.
The portion of a credit purchase funded from your partner balance does not itself earn Commission, and it does not count towards any referral.
You are responsible for your own tax affairs, including income tax on Commission you earn. Nothing in these terms is tax advice, and you should get your own advice if you are unsure how the program affects you.
We check your GST registration on the Australian Business Register when you activate and before each payout. GST is added to Commission only while your ABN shows as registered, and the status we hold at the time each Commission is calculated is the status that applies to it. You must keep your registration details on that register current.
Because you supply your referral services to us, we issue recipient created tax invoices for Commission. By taking part in the Partner Program you agree that:
If either party ceases to be registered for GST, this recipient created tax invoice agreement ends on the date the registration ends.
Commission is payable for genuine introductions of genuine customers. We may withhold, reverse or cancel Commission, revoke referrals, and suspend or terminate your participation where we reasonably believe the program has been manipulated or the activity is not genuine.
That includes creating accounts yourself or through others, generating clicks or signups artificially, using another person's details, interfering with our tracking, or arranging for purchases that are later refunded or charged back in order to generate Commission.
Where we investigate, we may pause payouts and hold amounts while the investigation is underway, and we may ask you for information about how a referral was generated.
You may promote us honestly, on your own channels, using accurate information taken from our website and help centre. You must comply with all applicable laws when you promote us, including the Australian Consumer Law, privacy law, and the electronic marketing rules in the Spam Act 2003 (Cth) and the associated industry codes.
The following are not permitted, and doing any of them is a breach of these terms:
You must not bid on, or advertise against, "Mobile Message", any variation or misspelling of it, our domain names, or our trademarks, in any paid search, paid social or paid display campaign. You must not use those terms in ad copy, display URLs, or landing page domains, and you must add them as negative keywords in campaigns that could otherwise match them.
Other paid advertising that promotes your referral link requires our prior written approval. Email partners@mobilemessage.com.au with the platform, the keywords or audiences, and the creative you intend to run. Approval is specific to what you describe, and we may withdraw it at any time.
Commission generated in breach of this section is not payable, and may be reversed after it has become available.
Where you promote us publicly, you must disclose that you may receive a commission if someone signs up through your link, wherever the law, a platform's rules, or a professional obligation requires it. The disclosure must be clear, in plain language, and placed where a reader will see it before they follow your link.
If you advise clients on which provider to use, you must make any commission arrangement known to them to the extent your professional or legal obligations require.
We may give you logos, screenshots, copy or other promotional assets. Those assets remain our property, and we grant you a non-exclusive, non-transferable, revocable licence to use them solely to promote Mobile Message under this program, in the form we supply them, for as long as you take part.
You must not alter our logo or brand assets, use them in a way that implies partnership beyond this program, or register them or anything similar as a trademark, domain or handle. On request, or when your participation ends, you must stop using them and remove them from your channels within a reasonable time.
You keep ownership of your own content and channels, and you are responsible for anything you publish about us.
You take part in the Partner Program as an independent business. Nothing in these terms creates an employment relationship, partnership, joint venture, franchise or agency between us, and you have no authority to enter into any commitment, make any representation, or accept any obligation on our behalf.
You are responsible for your own costs, your own staff and contractors, your own insurances, and your own compliance obligations. You have no exclusivity or territory, and we may run our own marketing, appoint other partners, and deal directly with any customer, including a Referred Customer, at any time.
We own the customer relationship with every Mobile Message customer, including Referred Customers, and we decide whether to accept, continue, suspend or close any account.
If a purchase that generated Commission is refunded, reversed, charged back, or later found not to have been eligible, we reverse the Commission relating to it. Where the Commission is still pending, it is removed. Where it has already become available, we record a reversal against your balance, which reduces the balance available to you.
Where a referral is revoked, we reverse all Commission relating to that referral that has not already been paid out or applied to SMS credits.
Reversals apply to the ex GST amount and to any GST added to it, so a reversal returns you to the position you would have been in had the Commission never been earned.
A reversal can take your balance below zero, for example where the Commission was paid out before the underlying purchase was refunded. A negative balance is offset against future Commission you earn.
Where we have materially overpaid you, whether through a reversal, an error, or Commission generated in breach of these terms, we may recover the amount by offsetting it against future Commission, by deducting it from a pending payout, or by asking you to repay it. If we ask you to repay, you must do so within 14 days of our request. We will not pursue a small residual negative balance where recovery is not commercially sensible.
If you think a referral, a Commission amount, a reversal or a payout is wrong, email partners@mobilemessage.com.au with the details. You must raise it within 30 days of the commission statement being issued, or of the transaction becoming visible in your partner dashboard, whichever is later. After 30 days the amount is treated as accepted.
We will look at our tracking, payment and account records and let you know the outcome. Our records are the basis for the decision, and our determination of a Commission dispute is final. This section does not limit any rights you have that cannot lawfully be excluded, and it does not affect the general dispute resolution process in our Terms and Conditions.
We may change these terms and the way the Partner Program works, including the Commission rate, the commission period, the attribution window, the pending period and the payout threshold. Changes apply to referrals created after the change takes effect, and referrals already created continue on the terms recorded against them.
We will publish the updated terms on this page and update the date at the top. Where a change materially affects your rights, we will give you notice by email to the address on your account before it takes effect. Continuing to take part after a change takes effect means you accept it.
We may also close the Partner Program to new partners, or end the program entirely, by giving you at least 30 days' notice. If we end the program, Commission already earned on existing referrals is paid in the ordinary way.
You may leave the Partner Program at any time by telling us. We may end your participation immediately, without notice, where you breach these terms, where we reasonably believe you have engaged in fraud or manipulation of the program, where your Mobile Message account is suspended or closed for breach, or where your conduct causes or is likely to cause harm to us, a customer, or our reputation.
Where your participation ends for any reason other than a breach by you, any available balance is paid out in the ordinary way, and the $100 threshold does not apply to that final payment. Pending Commission that has not become available is not paid.
Where we end your participation for cause, all pending and available Commission is forfeited and no further Commission accrues. Your referrals end at the same time, and we may recover Commission already paid that relates to the conduct in question.
Sections that by their nature should survive termination continue to apply, including sections 15, 16, 18, 19, 22 and 23.
Your partner dashboard shows limited information about your Referred Customers, being the business name, the signup date, the status of the referral, and the Commission figures. You are not entitled to any other information about a Referred Customer, and we will not provide it.
You must keep confidential any non-public information we give you about the program, our pricing, or a customer, and use it only to take part in the program. You must handle any personal information you collect while promoting us in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
You must not contact a Referred Customer on our behalf, hold yourself out as managing their account, or use their information for any purpose other than the services you provide to them directly.
The Partner Program is provided as it is. We do not guarantee that referral tracking will be uninterrupted or error free, that any particular click or signup will be tracked, or that you will earn any particular amount. Tracking depends on browsers, devices, cookie settings and third party systems that are outside our control.
To the extent permitted by law, we are not liable for Commission that is not earned because a click or signup was not tracked, for any interruption, outage, delay or error in the platform, the referral link or the dashboard, or for any indirect, consequential, special or incidental loss, including loss of profit, revenue, goodwill or opportunity, arising from the Partner Program.
To the extent permitted by law, our total liability arising out of the Partner Program is limited to the amount of Commission properly payable to you and unpaid at the time the liability arose.
Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified.
These terms are governed by the laws of Victoria, Australia. You and we submit to the exclusive jurisdiction of the courts of Victoria, Australia.
For anything about the Partner Program, including approvals, disputes and payouts, email partners@mobilemessage.com.au. Our business hours are Monday to Friday, 9am to 5pm, Melbourne time.