These Terms and Conditions (“Referral Terms”) form a legally binding agreement between a Referrer (“You”, “Your” or an approved Referee) and Round The Block Pty Ltd ABN 43 625 513 117 trading as Round The Block (“Round The Block”, “RTB”, “We”, “Us” or “Our”) in relation to the Round The Block Referral program (the "Program").
Your continued participation in the Program is subject to the Referral Terms. By applying to participate in the Program, You expressly represent and warrant that You have accepted the Referral Terms, and any additional terms and conditions displayed on the Platform in relation to the Program as they apply from time to time.
We may amend, modify, add to or delete any term in this Agreement at our discretion and those amendments, modifications, additions or deletions apply to Your use of the Program by providing You notice on our Website and in this document. Any changes take effective when they are published. All subsequent transactions by You will be subject to the amended and most current Referral Terms.
For the purposes of the Referral Terms: “Account” means an account opened to use the services provided by RTB’s Platform;
“Account Holder” means the holder of a Round The Block Account;
“Referrer” means the Account Holders referred by You who enters the Website via a link You provide to them and then successfully opens and uses an RTB Account using a tracking code designated to You.
“Associate” means a director, contractor, partner, agent, shareholder, or employee of a person or other entity.
“Data Feed” means anything published on the Website which relates specifically to RTB’s digital currency market or descriptions of those rates which are made available to You in accordance with the Referral Terms;
“Platform” means the website, mobile applications, services, content and any other services provided, owned and operated by RTB that allow users to convert, sell and trade digital and cryptocurrency.
“Relative” means any relative of a person including but not limited to their spouse, partner, parent, child or sibling.
“Website” means the RTB website available at http://roundtheblock.com.au
To enrol You must sign up to RTB where you can access a referral code. This code can be shared with any user who would like to gain access to our service. The new user must have Cookies enabled on their browser for the referral code to link. If the new user does not have Cookies enabled on their browser then the account will not be linked and the user must delete their account before enabling Cookies and re-joining our Platform.
RTB will pay You a commission in the form of rewards points as a percentage of the net transaction placed by the Referred user. The rate of reward will be determined by your status.
You must not open more than one RTB Account without the prior written consent of RTB. If You open more than one Account without RTB’s permission or try to earn commission on transactions for Your own or a Relative’s or Associate’s Account, RTB has the right to suspend or cancel all current, pending or future transactions and may suspend or terminate the Accounts.
You are not entitled to earn commissions through the Program for transactions performed by:
a) An Account Holder that was an existing Account Holder at the date You enrolled for the Program.
b) A Referrer that transacts on any Account You open under Your own name or under an alias or assumed name;
c) A Referrer that transacts on any Account opened by one or more of Your Relatives or Associates or in the name of one or more of Your relatives or family members.
d) An Account Holder for whom you are already a Referrer.
Either RTB or You may terminate Your participation in the Program at any time, without cause, by giving the other 48 hour’s notice. RTB also has the right to suspend or terminate Your Account under the Referral Terms immediately by notice in writing if:
a)You or Your Relative or Associate breach the Referral Terms or RTB reasonably suspects that You have breached the Referral Terms;
b) You request existing customers to add your Referral key;
c) RTB, in its discretion, considers for any reason You or Your behaviour in referring RTB to the Program is inappropriate or unsuitable.
1You will not be entitled to unpaid commission earned from the Program on or after the date of termination or suspension of Your Account or the termination of Your participation in the Program. RTB may withhold payment of commissions for the period prior to termination for a reasonable time to ensure that the correct amount is paid to You.
If RTB continues to permit activity (generation of commission from Referral’s transactional activity) for a period after termination of Your participation, this does not constitute a continuation or renewal of the arrangements under the Program or a waiver of termination by RTB.
You must fund or pay for the cost of any marketing and promotional activities to generate Referrals from Your own resources. You must not create, publish, distribute, or permit any written material that makes reference to RTB without first submitting such material to RTB and receiving prior written consent, which will not be unreasonably withheld. You must cooperate fully with RTB in utilising and maintaining links and other promotional tools as supplied by RTB.
If You elect to use social media or other forms of public networks to refer or engage in marketing and promotional activities for the Program:
You agree to only engage in advertising, marketing and promotional activities which do not violate any law;
You must not promote the Program or the Platform on websites that contain illegal or inappropriate images or content;
You must not direct Your activities to individuals who are under 18 years of age;
You must not defame the personal or business and reputation of any person;
You must not send unsolicited emails or place Banners, links and Data Feed into emails or create unauthorised newsgroup postings, chat rooms or use "bots";
You must not promote RTB on search engines, social media, or forums unless You clearly identify the content as an advertisement, post or marketing communication. For example, Tweets on Twitter which relate to RTB should contain hashtags such as “#ad” or “#spon” at the end of the Tweet;
You will have no authority to make any statements or representations on behalf of RTB and You must not hold Yourself out as a representative of RTB, nor represent or imply that a communication or advertisement is published or authorised by RTB;
You agree to abide to all No Spam regulations and employ best practices in all marketing email communications; and
You agree to engage in any activity which comply with the guidelines supplied from time to time by RTB.
Referrer’s must not bid for any RTB or industry related keywords via Google AdWords (and other similar advertisements networks), in order to promote their referral link.
You will not say or do anything or engage in conduct which will directly or indirectly disparage or otherwise bring into disrepute RTB, RTB’s Platform or the Program in any way (including but not limited to any negative statement about the reputation, goodwill or standing of RTB) or would be likely to result in such conduct.
You must not establish any social network domain, blog domain, profile name or display name containing RTB. You must not purchase any domains or utilise derivatives of the name RTB, or bid on any keywords or keyword phrases that include, but are not limited to, Round The Block or roundtheblock.com.au
Any traffic that You generate illegally through spamming, spamvertising and the like will be in breach of the Referral Terms and Your Account may be suspended or terminated. You understand that RTB may potentially incur penalties and legal expenses as a result of unauthorised third party email communications from You and in such event You will be held financially liable for, and must either indemnify RTB for those penalties or expenses or they will be deducted from Your Account.
If a referral registered through the Program is being investigated in relation to their conduct on the Platform, RTB will withhold commissions generated from that Referrer until the investigation is completed.
If RTB has paid You in respect of a banned Referrer, RTB may deduct or set-off the amount of payment against Your current or future commission payments and, if requested by RTB, You must repay any shortfall owed to RTB within 15 days of receiving notice from Us in writing.
You expressly understand, warrant and agree that to the fullest extent permitted by law, RTB and its Associates are not liable to You for:
Any fines, penalties, taxes and any exemplary, aggravated or punitive damages, liquidated damages or any indirect or consequential loss (including but not limited to loss of business, loss of revenue, loss of contract, loss of production, lost opportunity costs), legal costs and expenses which may be incurred by You, however caused, other than where such damages are caused by any act of fraud or misconduct from RTB;
Any loss or damage which may be incurred by You, including but not limited to loss or damage as a result of:
any changes which RTB may make to the Program, or for any permanent or temporary suspension of the Program (or any features within the Program);
the deletion of, corruption of, or failure to store, any content or other communications data maintained or transmitted by or through Your use of the Program;
Your failure to provide RTB with accurate, complete or current Account or personal information including bank account information; or
Your failure to keep Your password or Account details secure and confidential; or
Your failure to properly use the links and other promotional tools as supplied by RTB.
The Referral Terms constitute the entire agreement between You and RTB in relation with, or connection to, the Program and supersedes all previous agreements or understandings between the parties in connection with the Program.
You agree that if RTB does not exercise or enforce any legal right or remedy which is contained in the Referral Terms (or which RTB has the benefit of under any applicable law), this will not be taken to be a formal waiver of RTB’s rights and that those rights or remedies will still be available to RTB.
The Referral Terms will be binding on, operate to the benefit of, and enforceable against You and RTB and their respective successors and assigns.
Any term or part of a term of the Referral Terms that is held to be invalid or unenforceable may be severed from the Referral Terms and the remaining terms or parts continue in force.
The Referral Terms are governed by the laws of the State of Victoria and in the event that a legal dispute or claim is brought with respect to this Program, the Courts of Victoria will have non-exclusive jurisdiction.