Parties: This agreement is between you (Referrer) (you/your) and Bridgit Financial Services Pty Limited (ACN 648 580 901) (Australian Credit Licence 532542) (Bridgit) (we/us/our).
A. You wish to introduce customers to us.
B. By referring a customer to us for the first time, you agree to be bound by and accept the terms of this agreement.
1. Introductions
1.1 You are authorised on a non-exclusive basis to refer customers to us. You are an independent contractor, and not an agent of ours. This agreement does not appoint you as our credit representative.
1.2 We may change, terminate or suspend in any way our products from time to time.
1.3 You and any person acting on your behalf (including contractors and employees) who are involved in the referral of customer to us (Agents) are unable to bind us in any way, and must not purport to do so. No obligation to make a loan may be created by you until a formal loan approval is obtained.
1.4 We are under no obligation to consider or approve any application or to provide any products.
1.5 We may terminate your authorisation to refer customers to us or this agreement at any time. Any termination by us will not change or terminate your entitlement to referral fees under this agreement in respect of referrals made prior to termination. You acknowledge that we have not represented that these arrangements with you will continue for any period of time.
1.6 We may vary any term of this agreement, including the referral fees payable to you, at any time by written notice to you, so long as no variation affects the parties’ rights and obligations in respect of products introduced prior to the date of the variation.
2. Referral process
2.1 You:
(a) may refer customers to us by informing customers that we may be able to arrange a loan, and giving those customers information about how to contact us;
(b) you may facilitate these referrals by providing a link on your website, at your own expense, through which customers can contact us;
(c) must host our branding and messaging adjacent to any link on your website in a mutually agreed format;
(d) you must always disclose to the customers any benefits you might receive from us for making the referral in the same form as the information about how to contact us is given; and For example, if you give customers our contact information by email, the commission disclosure needs to be included in that email. If you give customers our contact information on a phone call, the commission disclosure needs to be given on the phone call.
(e) must not otherwise provide us with a customer’s details or application information.
3. Duties of the referrer
3.1 You are responsible for the conduct of all your Agents and must ensure that each Agent complies with any obligation imposed on you under this agreement. Each provision of this agreement applies to each Agent as if each Agent was you. We may direct that one or more of your Agents are not to be involved in capturing referrals for us.
3.2 You must not:
(a) engage in any misleading or deceptive conduct or make any representation to any customer as to the likelihood of the success of an application; and
(b) make any warranty or representation in relation to any products or other services supplied by us.
3.3 You must provide any information reasonably requested by us on request regarding all the circumstances which relate to the introduction of a customer, including advertising, meetings, diary notes, documents, and the personnel involved. We may require this information in relation to a complaint or issue with a customer, or we may require this information as part of our due diligence or compliance checking of the referral process.
3.4 You must attend any training reasonably requested by us and follow any reasonable procedures we set in relation to the capture and provision of referrals.
3.5 You indemnify us against all or any losses, damages, liabilities, costs or expenses suffered or incurred by us as a consequence of any failure by you to comply with any provision of this agreement or any applicable legislation (including the National Consumer Credit Protection Act 2009 (Cth) and the Privacy Act 1988 (Cth)).
3.6 For 12 months from the termination of this agreement, you must not encourage any person to refinance a loan made by us arising from a referral from you.4. Referral fees
4.1 We will pay you the following referral fees for each referral by you which leads to a loan being entered into between the customer referred by you and us, unless otherwise agreed in writing:
4.2 Referral fees will be by the 15th of each calendar month to your nominated account in respect of loans which are drawn down in the previous month.
4.3 You must disclose to each customer any referral fees or other fees or benefits which you and any of your associates may receive under this agreement.
4.4 If for at least six months, we have been reasonably unable to locate you or arrange payment to you of any referral fees due under this agreement, we may cease paying referral fees, including any accrued but unpaid referral fees.
4.5 We will not be obliged to pay any amounts which are found to breach any laws, in particular any conflicted remuneration laws, and any payment made in breach of those laws must be refunded promptly by you.
5. Recipient created tax invoices
5.1 We can issue tax invoices in respect of supplies.
5.2 You will not issue tax invoices in respect of the supplies.
5.3 You acknowledge that you are registered for GST when you enter into this agreement and that you will notify us if you cease to be registered for GST.
5.4 We acknowledge that we are registered for GST when we enter into this agreement and that we will notify you if we cease to be registered for GST.
6. Licence
6.1 We grant to you, for the term of this agreement, a limited, non-exclusive, non-transferable licence to use advertising or other materials or information provided to you by us for publication on your website (which may be updated from time to time). This may include trademarks, service marks and logos.
6.2 You must obtain our approval for all uses of these materials, including any changes to or modification of the materials.
