MYOB Affiliate Program Terms and Conditions
Welcome to MYOB’s Affiliate Program, where you can manage your affiliate marketing relationship with MYOB. These Terms cover our obligations to you, and your obligations to us as an Affiliate.
To participate in the Affiliate Program, you must accept these Affiliate Program Terms and Conditions.
DEFINED TERMS1. In these Terms, these words mean:
- Affiliate or you means you, the person or entity that participates in our Affiliate Program.
- Affiliate Link has the meaning given to it in section 2.
- Affiliate Offer has the meaning given to it in section 13.
- Affiliate Platform means the software platform for Affiliates which may include or rely on third-party software.
- Affiliate Program means our affiliate marketing program as described in these Terms, including the Affiliate Platform.
- Affiliate Program webpage can be found here, as amended by MYOB in its sole discretion, from time to time.
- Channel has the meaning given to it in section 2.
- Commission Fee means the amount specified in the Insertion Order, noting that each Affiliate Tier is associated with its own unique Commission Fee. To see all the Commission Fees, visit the Affiliate Program webpage.
- Commission Period has the meaning given to it in section 9.
- Disqualified Purchase has the meaning given to it in section 22.
- GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- Insertion Order has the meaning given to it in the Impact Master Campaign Agreement.
- MYOB, we or us means MYOB Australia Pty Ltd (ABN 13 086 760 198).
- MYOB Site means www.myob.com and any subpage that is subordinate to that homepage.
- Products means “MYOB Business Lite”, “MYOB Business Pro” “MYOB Business AccountRight Plus” or “MYOB Business AccountRight Premier” and any other products agreed by the parties in writing.
- Prohibited Paid Search Terms means keywords, search terms, or other identifiers that include the word “myob” or “mind your own business”, or any trade marks owned or controlled by MYOB, or any variations or misspellings of any of those words (e.g., “moyb” and “m.y.o.b”).
- Qualifying Purchase has the meaning given to it in section 21.
- Related Body Corporate has the meaning given in section 50 of the Corporations Act 2001 (Cth).
- Representative means, in relation to a party:
- a Related Body Corporate of that party; or
- a director, officer, employer, agent, contractor or adviser of or to that part or any of its Related Bodies Corporate.
- Terms has the meaning given to it in section 5.
- Tier Target has the meaning given to it in section 9.
- Trade Marks means a party’s registered and unregistered trade marks.
DESCRIPTION OF THE AFFILIATE PROGRAM
2. Once you are accepted into and have successfully registered for the Affiliate Program, you may build new revenue streams by monetising your website, podcast, email list, social media content, online software application or other user-generated content channel (referred to here as your “Channel”), by placing on your Channel, links to an MYOB Site. The links must properly use the link format we provide and must comply with these Terms (“Affiliate Link”).
3. Without limiting the above, you may use any method, channel or form of promotion you choose, as long as it complies with these Terms, all applicable laws and any relevant social media platform paid partnership guidelines such as Meta’s Branded Content Policies and Tik Tok’s Branded Content Policy, including using native in-platform partnership tagging tools such as ‘Branded Content tag’ on Instagram or Facebook.4. When a customer clicks through or engages with your Affiliate Link to purchase Products offered on the MYOB Site, you can receive commission income for Qualifying Purchases, as further described in (and subject to the limitations in) sections 21-28.
ACCEPTANCE OF TERMS AND TERMINATION
5. By registering for or using the Affiliate Platform, you agree to these Affiliate Program Terms and Conditions, the Affiliate Program Trademark Guidelines, the Impact Master Campaign Agreement and any policies, rules or guidelines we issue in respect of the Affiliate Program (collectively, Terms). Please ensure you read them carefully.
6. These Terms apply until your participation in the Affiliate Program is terminated in accordance with sections 48, 49 or 50.
TIERS AND TIER TARGETS7. Under the Affiliate Program, MYOB makes available three affiliate tiers:
- Tier 1 (otherwise referred to as Bronze Tier)
- Tier 2 (otherwise referred to as Silver Tier)
- Tier 3 (otherwise referred to as Gold Tier).
(each, an Affiliate Tier)8. Upon signing up for the Affiliate Program, all Affiliates commence at Tier 1 and will be eligible for any benefits offered to Tier 1 Participants including:
- any Tier 1 Offer; and
- any Tier 1 Commission Fee for any Qualifying Purchases
as published from time-to-time on the Affiliate Program webpage.9. Affiliates can move up and down Affiliate Tiers depending on how many Qualifying Purchases they make during a Commission Period. Tier Targets are a minimum number of Qualifying Purchases that need to be made within the Conversion Period in order to: (a) maintain your current tier (Maintenance Tier Target); or (b) move up to the next tier (Advance Tier Target) (collectively, Tier Targets). Unless notified to you with at least 30 days written notice, the Tier Targets are calculated during two recurring periods:
- From 1 April to 30 September; and
- From 1 October to 31 March.
(collectively, Commission Period).
The Tier Targets are published online on the Affiliate Program webpage.
10. If an Affiliate on Tier 1 satisfies the Advance Tier Target within the Commission Period (also published on the Affiliate Program webpage), the Affiliate will move up to Tier 2. If an Affiliate on Tier 2 satisfies the Advance Tier Target for Tier 2 during a Commission Period, that Affiliate will move to Tier 3. Any advances up or down Affiliate Tiers are effective from the beginning of the next Commission Period.
11. If an Affiliate doesn’t achieve the Maintenance Tier Target for that respective Affiliate Tier within the Commission Period, the Affiliate will move down one respective Tier. For example, if an Affiliate is on Tier 2, and does do not achieve the Maintenance Tier Target or Advance Tier Target for the Commission Period, that Affiliate will move down to Tier 2, effective from the commencement of the next Commission Period.
12. You should regularly check this page as the information may change from time to time. Any changes made during a Commission Period, will apply from the immediately succeeding Commission Period (unless notified to you with at least 30 days written notice).
AFFILIATE OFFER13. From time-to-time, MYOB may make available exclusive pricing or discounts that you may offer on your Channel which will be published on the MYOB Affiliate Program webpage (Affiliate Offer). The availability of any Affiliate Offer may vary depending on your Affiliate Tier – for example you may only have access to a specific Affiliate Offer.
14. Our customers are not, by virtue of your participation in the Affiliate Program, your customers. As between us and the referred customer, all pricing, terms of sale, rules, policies, and operating procedures concerning customer subscriptions, customer service, and product sales set out on the MYOB Site will apply to those customers and may be changed at any time. You will not handle or address any customer service issues with our customers, and, if contacted by any of our customers for a matter relating to interaction with an MYOB Site or Products, you will refer them to the contact directions on the MYOB Site or Product.
15. Wherever you publish an Affiliate Link, you must clearly and prominently state the following on your Channel: “As an MYOB Affiliate, I/we engage in affiliate marketing whereby we may receive funds for the sale of goods or services on or through this website” or another substantially similar statement which notifies the customer that you may receive compensation for referring customers to MYOB. Except for this disclosure, and other than as required by applicable law, you will not make any public communication with respect to these Terms or your participation in the Affiliate Program without our written permission.
16. Whenever you publish an Affiliate Link and reference an Affiliate Offer, you must clearly and prominently state on your Channel any disclaimers or terms and conditions as notified to you in the relevant Affiliate Offer policy, rules, or guidelines on the Affiliate Program webpage.
17. You acknowledge that, by participating in the Affiliate Program or using any of the Affiliate Links, MYOB may receive information from or about visitors to your Channel to track referred customers.
18. You must not bid for advertisements using Prohibited Paid Search Terms.
19. You must not include ‘Official Site’ or make representations that your advertisement is directly from MYOB. You will not misrepresent or embellish our relationship with you (including by expressing or implying that we support, sponsor, or endorse you, unless permitted to do so in accordance with another agreement), or express or imply any affiliation between us and you or any other person or entity except as expressly permitted by these Terms.
20. MYOB must pay the Affiliate the Commission Fee for each Qualifying Purchase.
21. A Qualifying Purchase occurs when:
- a customer clicks through your Affiliate Link on your Channel to an MYOB Site (Referred Customer);
- the Referred Customer places an order for a Product within the Referral Window specified in the Insertion order; and
- the Product purchase is Locked. A purchase is deemed Locked when the “lock in period” (as specified in the Insertion Order) passes and the purchase is not a Disqualified Purchase.
- considered by MYOB to be fraudulent, including, without limitation, multiple accounts or purchases from the same customer;
- not associated with valid payment details and returns a failed, dishonoured or invalid payment notification;
- made in breach of these Terms, or any other terms, conditions, specifications, statements, and policies that we may issue from time to time that apply to the Affiliate Program;
- made by an existing MYOB customer;
- made by a customer who is referred to an MYOB Site through any advertisement that you purchased through participation in bidding or auctions on Prohibited Paid Search Terms;
- made via the use of fake redirects, automated software, or other mechanisms to generate Qualifying Purchases;
- not made in good faith, such as those using any automated device, robot, Iframes or hidden frames; or
- made as a result of the use of incentives to procure a Qualifying Purchase.
23. Any Disqualified Purchases will be classified as such within the Affiliate Platform.
24. We may modify the Commission Fees at any time with at least 30 days written notice to you. Commission Fees earned before the effective change in Commission Fees will be paid at the commission fee in effect at the time such fees were earned.
COMMISSION FEE REPORTING
25. We will use commercially reasonable efforts to track Qualifying Purchases accurately and comprehensively and identify any Disqualified Purchases. By logging into the Affiliate Platform, you can access reports which summarise the Commission Fees earned by you during that month.
26. You are responsible for monitoring the payment, denial, and withholding of Commission Fees. This can be done by logging into the Affiliate Platform. Except for the reporting as provided in the Affiliate Platform, we are not required to actively notify Affiliates of the status of Commission Fees.
COMMISSION FEE PAYMENT
27. Qualifying Purchases are calculated and paid in accordance with the Invoicing and Payout Scheduling sections in the Insertion Order.
28. Any Commission Fees paid to your account for a Product purchase that is a Disqualified Purchased or is later refunded or charged back to MYOB, will be deemed to be an overpayment of fees to you, and may be set off from the next round of payments.
GOODS AND SERVICES TAX (“GST”)
29. Capitalised terms or expressions which are defined in the GST Act but not defined these Terms have the same meaning as in the GST Act.
30. Any payments and/or fees to be under these Terms will be exclusive of GST, unless otherwise stated.
31. Subject to section 30, to the extent that any monies payable (or services or things to be provided) to a party ("Supplier") under these Terms, are regarded as consideration (in whole or in part) for a Taxable Supply made by the Supplier and subject to GST, the other party must pay an additional amount ("GST Amount") to the Supplier calculated by multiplying the prevailing GST rate by the amount payable, to the Supplier for the relevant supply.
32. You agree that you will be solely responsible for the accurate and timely calculation, reporting and payment of any tax or other government revenue obligations or liabilities that arise from or are related to your participation in the Affiliate Program, regardless of any reporting or other obligations we may bear by operation of law, or any performance of such obligations or lack of compliance thereof on our part.
COMPLIANCE WITH LAW
33. Each party must perform its activities and obligations under these Terms in compliance with all applicable laws and regulations.
34. Without limiting section 33, you and/or your Channel will not transmit unsolicited emails or engage in "spamming" to promote your relationship with MYOB, increase the number of your Qualified Purchases or use pay per click search engine advertising without MYOB’s approval. This includes (without limitation) Google Adwords, Yahoo! Search Marketing (previously Yahoo! Overture), MSN AdCenter, and Ask.com. You acknowledge that such advertising, without MYOB’s authorisation, could infringe the intellectual property rights of MYOB and/or third parties. In addition to our other rights or remedies under these Terms, we will be under no obligation to pay you any Commission Fees or other compensation if you violate this section 34.
35. These Terms do not create an exclusive relationship between you and MYOB. You are free to work with similar affiliate program providers in any category unless otherwise specifically agreed to in writing. These Terms do not restrict MYOB from working with any individual or company that we may choose.
36. Each party warrants that it has the authority and capacity to enter into these Terms.
37. You agree that your use of the Affiliate Platform is subject to the Master Campaign Agreement. MYOB expressly disclaims all express or implied warranties. MYOB makes no warranties that the Affiliate Platform will meet your needs or that it will be uninterrupted, error-free, or secure. MYOB also makes no warranties as to the reliability or accuracy of any information generated by or within the Affiliate Platform including the tracking of referred customers and the availability, operation or reliability of the Affiliate Link. You agree that any damage that you may suffer as a result of loss of any data from your use of the Affiliate Platform is your sole responsibility and that MYOB is not liable for any such damage or loss.
38. Subject to section 37, a party (‘Indemnifying Party’) must at all times indemnify the other party (‘Indemnified Party’) and its respective Representatives from and against any loss (including legal costs and expenses), or liability, which is incurred or suffered by the Indemnified Party or its respective Representatives arising from any claim, suit, demand, action or proceeding where such loss or liability was caused by the unlawful or negligent act or omission or wilful misconduct of the Indemnifying Party or its Representatives, in connection with these Terms.
39. An Indemnifying Party’s liability to indemnify the Indemnified Party under section 38 will be reduced proportionally to the extent that any unlawful or negligent act or omission or wilful misconduct of the Indemnified Party or its Representatives contributed to the loss or liability.
LICENCE BY MYOB
40. MYOB grants the Affiliate a limited, revocable, non-exclusive, non-transferable, royalty-free licence for the term of these Terms to use, display and publish MYOB’s Trade Marks solely in connection with the Affiliate carrying out its obligations under these Terms. Nothing in these Terms gives the Affiliate any right, title or interest in MYOB’s Trade Marks or associated goodwill. Affiliate acknowledges that, as between MYOB and the Affiliate, MYOB is the sole owner of the MYOB’s Trade Marks.
41. You agree that you will not use our Trade Marks in any manner that might tarnish, disparage, or reflect adversely on MYOB. You will not contest or otherwise challenge, or assist or encourage any other person or entity to contest or challenge, the validity of any MYOB Trade Marks.
42. The look and feel of the MYOB’s website, including all page headers, custom graphics, button icons, and scripts, is the trade dress or trade mark of MYOB and may not be copied, imitated or used, in whole or in part, without our prior written consent.
43. “Confidential Information” means any information in any form of a non-public nature disclosed by one party to the other party relating to the intellectual property, customers, business affairs and products or services of that Party and includes any data relating to both parties’ customers, and in the case of MYOB includes any information relating to the Products.
44. Each party must:
- hold the Confidential Information of the other party in confidence and protect such Confidential Information from disclosure to third parties;
- restrict access to the Confidential Information to those of its personnel who are subject to legally binding obligations of confidentiality; and
- upon termination or expiration of these Terms or the request of the other Party, return or destroy all Confidential Information of the other Party in its possession or control. Obligations with respect to Confidential Information continue until three years after termination or expiration of these Terms.
- papers of a board of directors or committee of such a board, or minutes of meetings of such a board or committee;
- documents located on an off-site server as a result of the automatic back-up of data;
- documents required to be retained for compliance with any applicable law, rule, regulation, professional standard or document retention policy, or for tax or audit reasons; or
- documents containing legal advice.
46. Each party acknowledges that it has obligations under the Privacy Act 1988 (Cth) ("Privacy Act") to ensure that its collection, use, disclosure and storage of Personal Information (as that term is defined in the Privacy Act) complies with the Australian Privacy Principles and agrees to comply with the Privacy Act, the Australian Privacy Principles and its privacy policies in respect of any Personal Information collected in connection with these Terms.
47. No Party may make a press release, announcement or public statement about the subject matter of these Terms, except with the consent of the other party.
48. Either party can terminate these Terms at any time, without cause, by giving the other party 14 days’ written notice.
49. Either party can terminate these Terms immediately by giving the other party written notice if the other party:
- is placed in administration, receivership or liquidation;
- fails to remedy a breach of these Terms within 14 days of being put on notice of the breach; or
- commits a material breach of these Terms not capable of remedy.
- we believe that we may face potential claims or liability in connection with your participation in the Affiliate Program;
- we believe that our brand or reputation may be tarnished by you or in connection with your participation in the Affiliate Program; or
- your participation in the Affiliate Program has been used for deceptive, fraudulent or illegal activity.
EFFECT OF TERMINATION
51. Termination of these Terms for whatever cause will be without prejudice to any rights or obligations that have accrued and are owing prior to termination, including but not limited to payments of money.
52. Without limiting section 53, the following sections survive termination of these Terms: 20 (Commission Fees), 38-39 (Indemnities) and 43-45 (Confidentiality) and any sections necessary to give practical effect to any ongoing obligation to pay Commission Fee under section 20.
53. Upon termination, MOB may hold accrued unpaid Commission Fees for a reasonable period of time to ensure that the correct amount is paid (for example, to account for any fraudulent subscriptions).
CHANGES TO TERMS
54. We may change these Terms from time to time by giving you notice. If the changes could have a detrimental impact on you, we will give you at least 30 calendar days’ written notice. We will act reasonably in exercising our right to make any changes to these Terms.
55. From time to time, we may introduce any policies, rules or guidelines by giving you at least 20 calendar days’ written notice. In the event of any conflict between these terms and any policy, rules or guidelines, these Terms will prevail.
56. By continuing to participate in the Affiliate Program after any new or reviewed Terms, policies, rules or guidelines become effective, you agree to be bound by the new Terms.
57. You agree that all communications between you and us in relation to the Affiliate Program will be by email or by us posting a notification on the Affiliate Program webpage. MYOB will give notice under these Terms by emailing the email address listed in your Affiliate Platform profile. It is your responsibility to ensure that we have your up-to-date contact details in the Affiliate Platform.
RELATIONSHIP BETWEEN THE PARTIES
58. Nothing in these Terms creates a relationship between MYOB and the Affiliate of agent and principle, employer and employee, joint venture or partnership.
59. These Terms contain the entire understanding between the parties and supersedes all prior communications between them. There are no representations, agreements, arrangements or understandings, oral or written, between the parties relating to the subject matter contained in these Terms which are not fully expressed herein.
60. If the Affiliate is a member of the MYOB Developer Program, then these Terms operate in addition to the MYOB Developer Program terms and conditions. Nothing in these Terms is intended to vary the MYOB Developer Program terms and conditions and vice versa.
61. We may send you emails relating to the Affiliate Program from time to time. You agree to receive information which relates to MYOB’s products and services including information relating to the launch of or retirement of a new product, feature or service.
62. You must not assign or transfer your rights under these Terms without MYOB’s prior written consent (such consent not to be unreasonably withheld or delayed).
63. If any part of these Terms becomes void or unenforceable for any reason, then that part will be severed. The remainder of these Terms will remain in full force.
64. These Terms are governed by the laws of Victoria. The parties submit to the exclusive jurisdiction of the courts of Victoria.