The TAB Affiliate program and the websites www.racetab.com.au and www.sportstab.com.au are owned and operated by TAB Limited ACN 081 765 308 ("TAB").
These are the general Terms of Use for the TAB Affiliate network of sites www.racetab.com.au and www.sportstab.com.au and all sites within that network from time to time ("the Websites").
When using the Websites you must comply with these Affiliate Terms and Conditions, the Website Terms and Conditions and additional Conditions Of Use if you have an account with TAB and any notices and disclaimers elsewhere on the Website (known collectively as "Terms of Use").
TAB may modify any of the Terms and Conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
The term of this Agreement will begin upon our acceptance of your Affiliate application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn referral fees on sales occurring during the term.
The intellectual property rights (including copyright) in all information, text, material, graphics, fonts, icons, code (including HTML), audio, video, photographs, software and advertising materials on the Websites ("Content") are owned by or licensed to TAB. The Content is protected by Australian and international intellectual property laws.
You must not modify, copy, reproduce, sell, frame, scrape, upload to a third party, create derivative works from, post, transmit or distribute the Content in any way except as expressly provided for on the Websites or expressly authorised in writing by TAB.
Further, you must not make use of any "Meta tags" or other "hidden text" that uses TAB's name or trade mark or product name without TAB's written consent.
TAB grants the Affiliate a non-exclusive, limited, revocable licence to use the advertising materials presented on the Affiliates website solely for the purpose of advertising TAB’s websites and services and creating a link to TAB’s websites.
Subject to the limited use rights granted to the Affiliate in respect of any trade marks ("Trade Marks") of Tab Limited under this Agreement, all powers that would be conferred on authorised users under section 26 of the Trade Marks Act 1966 are expressly excluded.
Affiliates may not modify, crop, resize or alter in anyway any of these advertising materials without the express written permission of Tab Limited. The Affiliate must immediately comply with any direction from Tab Limited regarding the use of TAB’s advertising materials, including any direction to change the appearance, location or size of the materials.
Nothing in this Agreement shall be deemed or implied to constitute a sale or assignment of any Trade Marks.
The Affiliate agrees to provide an advertising link from the Affiliate’s Website/s on the terms and conditions of this Agreement.
The Affiliate may use the advertising materials (banners, buttons, text and forms) presented on the TAB Affiliate’s website for the express purpose of advertising TAB’s websites and services.
In using the Affiliate Website and any of the services provided by TAB, you must not:
- disrupt the operation or security of the Websites or those services or any accounts, servers, or networks connected or accesible through the Websites;
- use the Websites or those services in a way that may harass, annoy or disrupt any third person, including a third person who may receive messages as a result of your use of the Websites or those services;
- submit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind including without limitation any material constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
- submit any material of any kind which violates or infringes the rights of any other person, including material which is aninsion of any privacy rights, which is protected by copyright, trade mark or any other proprietary right without first obtaining the permission of the owner or relevant right holder;
- submit any material of any kind which contains a virus or other harmful component;
- delete any author attribution's, legal notices, or proprietary designations or labels in any material that is submitted;
- modify or delete any content on the Websites or add any content to the Websites; or
- attempt to gain unauthorised access to any part of the Websites or those services.
TAB reserves the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting or using any materials which violate any applicable or relevant law.
In consideration for placing the advertising materials and links on the Affiliate’s websites, engaging in promotional activities and delivering new Internet accounts to TAB in accordance with this Agreement, TAB will pay the Affiliate the commission as set out in the “Payment Schedule”.
TAB may vary the commission from time to time on providing notice to the Affiliate.
If any goods and services tax ("GST") is payable on any taxable supply made under this agreement to a party ("Recipient") by the party making the supply ("Supplier"), the Recipient must pay to the Supplier the amount of the GST, subject to receipt of a valid tax invoice (or other things required for the Recipient to obtain an input tax credit or other like offset) for the supply. The Supplier must comply with its obligations under Part VB of the Trade Practices Act 1974 and any similar State or Territory legislation, and provide to the Recipient reasonable evidence of compliance on request. Nothing in the clause requires the Recipient to pay any penalty tax, fines, interest or other amounts payable by the Supplier on account of a tax default of the Supplier.
The Recipient represents, covenants and warrants to TAB that it will make all disclosures required by law in relation to the receipt of commissions on its website, and otherwise comply with all laws relating to the receipt of commissions.
Any information provided by either party shall remain the property of the disclosing party and shall be kept confidential by the recipient. This information can only be used by the receiving party for the purposes of this Agreement and cannot be disclosed to any third party without the written permission of the disclosing party.
The obligations of confidence contained in this clause will not apply to any information which:
- Is publicly known or becomes publicly known other than by breach of this Agreement or any other obligation of confidentiality;
- Is disclosed to the other party without restriction by a third party and without any breach of confidentiality by the third party;
- Is developed independently by the other party without reliance on any of the discloser's confidential information; or
- Is required to be disclosed by law or any regulatory authority, including any stock exchange on which a party is listed.
This Affiliate Agreement in no way implies an endorsement by TAB of the Affiliates products / services.
The Affiliate may have rights under the Trade Practices Act and other legislation that cannot be excluded by agreement. Except to the extent that liability may not be lawfully excluded, TAB hereby exclude all statements, conditions or warranties express or implied, statutory or otherwise in relation to operation or use of the advertising materials and links, including any warranty that the advertising materials and links will be functional or error-free.
Subject to this clause, in no event will TAB be liable to the Affiliate or any other party for any loss of interest, revenue, profit or data or for any consequential, indirect, incidental, special, punitive or exemplary damages suffered by the Affiliate or any other party arising from or in connection with the Affiliate or any other party's use of the advertising materials and links, even if TAB have been advised of the possibility of such loss or damage and whether any claim arises under contract, in tort (including negligence), under statute or otherwise at all.
To the extent that TAB’s liability may not be lawfully excluded, TAB’s liability shall be limited to either the payment of the cost of supplying the services again or the supply of the services again.
TAB reserves the right to immediately terminate this agreement or your use of, or access to, the Websites at any time if TAB decides at its sole discretion that you have breached the Terms of Use or any relevant law, rule or regulation or you have engaged in conduct that TAB considers to be inappropriate or unacceptable. All restrictions imposed on you, licenses granted by you and all TAB disclaimers, limitations of liability and indemnities set out in the Terms of Use will survive any termination.
Upon termination of this Agreement for any reason the Affiliate must:
Return or destroy all of TAB’s confidential information and advertising materials;
Immediately remove the advertising materials and links from the Affiliate’s websites and permanently delete any file or software provided by TAB or otherwise containing TAB’s logos; and If required by TAB, provide proof to TAB’s satisfaction (acting reasonably) that the Affiliate has complied with the requirements of this clause.
The Affiliate may not transfer its rights nor delegate its obligations under this Agreement.
These Terms of Use will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the terms which will continue in full force and effect.
All rights not expressly granted herein are reserved.
© Copyright 2004, TAB Limited.
All rights reserved.
Version 1.03.04
 |