Instant Agency Partner Referral Agreement: Terms and Conditions Welcome to the Instant partner program. This article contains the full terms and conditions of the Instant Agency Partner Referral Agreement, which applies between Instant Checkout Pty Ltd (Instant) and you (the Partner), together the Parties. The reward details for your specific partnership (your selected Schedules and any custom terms) appear on your own agreement page when you sign.

  1. Recitals Instant provides various software services (Instant Service) to e-commerce merchants (Customers). The Partner aims to promote and market the Instant Service to potential Customers (a Referral Partner). Instant may also refer Customers to the Partner for its professional services (a Professional Services Partner).

  2. Terms of Referral The respective terms of referral applicable to a Referral Partner and Professional Services Partner are set out below in Schedule A and Schedule B. The Partner must opt-in to one or both schedules.

  3. Marketing materials 3.1. Partner brand: Instant may use the Partner’s name and logos to identify the Partner as an Instant partner in general marketing materials or otherwise.

3.2. Instant brand: Partner may use Instant’s name and logos to identify Instant as its partner in general marketing materials or otherwise.

  1. Confidentiality 4.1. Confidential Information: Both Parties agree to maintain the confidentiality of disclosed proprietary information including the terms and structure of this agreement.

4.2. Exceptions: Confidentiality obligations do not apply to publicly available, already known, or independently developed information.

  1. Term and Termination 5.1. Term: This Agreement starts on the last Party’s signing date and continues for an initial 12 months, terminable by either Party with 30 days written notice.

5.2. Termination for Cause: Either Party may immediately terminate this agreement if the other Party breaches a material provision and does not remedy that breach within 7 days of being provided with written notice of its breach.

5.3. Obligations upon Termination: Upon termination, both Parties shall return or destroy confidential information and cease using each other’s marketing materials as set out in clause 3.

5.4. Void: Provided that the Partner is a Referral Partner and has opted into Schedule A, the agreement is voided at the end of a 12-month period if no direct Customer referrals have been made from the Partner to utilise Instant’s Services. A minimum of one Customer must be submitted & closed with each 12 month period for the continuation of agreement.

  1. Governing Law and Jurisdiction This Agreement is governed by the laws of New South Wales, with disputes submitted to the exclusive jurisdiction of New South Wales courts.

  2. Entire Agreement This Agreement supersedes all prior agreements and constitutes the entire agreement between the Parties.

  3. Amendment and Waiver Amendments require written agreement from both Parties, and failure to enforce a provision doesn’t waive its applicability.

  4. Currency Unless otherwise specified, all references to “currency” or “$” are in AUD.