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The Affiliate Referral Agreement is a essential legal document used when businesses want to establish formal partnerships with individuals or entities who will promote their products or services in exchange for commission-based compensation. This agreement, governed by Australian law, is particularly crucial in today's digital marketplace where affiliate marketing has become a significant customer acquisition channel. The document addresses key aspects including commission structures, performance tracking, compliance with Australian consumer protection laws, privacy regulations, and marketing guidelines. It's designed to protect both the company's interests and provide clear operational guidelines for affiliates while ensuring compliance with relevant Australian legislation including the Competition and Consumer Act 2010, Privacy Act 1988, and electronic commerce regulations.

1. Parties: Identifies and provides full legal details of the company offering the affiliate program and the affiliate partner

2. Background: Explains the context of the agreement, including the company's business, the purpose of the affiliate program, and the affiliate's desire to participate

3. Definitions: Defines key terms used throughout the agreement including 'Referred Customer', 'Qualifying Purchase', 'Commission', 'Intellectual Property', etc.

4. Appointment and Scope: Establishes the affiliate's appointment, territory, and whether the relationship is exclusive or non-exclusive

5. Affiliate Obligations: Details the affiliate's responsibilities, including marketing standards, compliance requirements, and prohibited activities

6. Company Obligations: Outlines the company's commitments regarding program administration, support, and training

7. Commission Structure: Specifies commission rates, calculation methods, payment terms, and conditions for commission qualification

8. Tracking and Reporting: Describes the methods for tracking referrals, reporting requirements, and verification processes

9. Intellectual Property: Covers usage rights and restrictions for trademarks, logos, and marketing materials

10. Confidentiality: Defines confidential information and establishes obligations for its protection

11. Privacy and Data Protection: Addresses handling of customer data and compliance with privacy laws

12. Term and Termination: Specifies the agreement duration, renewal terms, and termination conditions

13. General Provisions: Includes standard legal clauses such as governing law, dispute resolution, and entire agreement