Panorama Portarlington Affiliate Program
Terms and Conditions & Affiliate Agreement

Background

Welcome to the Panorama Portarlington Affiliate Program.

We’re excited to have you join our affiliate community. As an Affiliate, you play a key role in helping us connect with potential buyers and share the unique lifestyle that Panorama Portarlington offers. By partnering with us, you have the opportunity to earn commissions while promoting quality homes in a thriving coastal community.

Before you get started, we want to ensure you have a clear understanding of the program’s terms and conditions. These guidelines are designed to protect both you and us, ensuring a transparent, ethical, and professional partnership.

Please read the following terms carefully, as they outline your responsibilities and our expectations.

The Panorama Portarlington Affiliate Program is administered by PropSquad Pty Ltd. PropSquad Pty Ltd facilitates the management, tracking, and reporting of affiliate activities to ensure program success and compliance. By participating in this program, you acknowledge PropSquad Pty Ltd’s involvement and agree to the terms outlined in this Agreement.

Schedule: Terms & Meanings

We, us or our: Olive Hill Developments Pty Ltd (ABN 57 073 185 136)
You or your: The user of the platform where you have signed up, including the details provided in your profile, such as name, ABN (if applicable), address, and email.
Services: The Services promoting our business, products and services in accordance with our brand values and reasonable instructions.
The Affiliate Blueprint: The Affiliate Blueprint is a course/marketing school, hosted through the Teachable platform, which you may access as an affiliate to access information, training, resources and instructions to better perform your Services under this Agreement.
Trackdesk: The affiliate platform. As part of your Services, you may be required to access and use Trackdesk.
Disclosure Requirements: When talking about us publicly, you must disclose your commercial affiliation with us on all content you share. This includes stating that you may earn commissions for referrals made through your affiliate links. Transparency is required to ensure compliance with advertising regulations and to maintain trust with potential customers.
Commission: As set out at Annexure A: Pricing Schedule.
Payment Terms: As set out at Annexure A: Pricing Schedule.
Term: This Agreement will commence upon acceptance of this Agreement. and will continue until it is terminated in accordance with clause 8.1, or by a Party giving 30 days’ notice in writing.
Acceptance: You accept this Agreement by confirming that you accept this Agreement (such as checking a box) via the platforms or applications through which we provide this Agreement to you, including our website.

Terms and Conditions

This Agreement is entered into between us and you, together the Parties and each a Party. In this Agreement, capitalised terms have the meanings given to them in the Schedule.

Engagement
1. You agree to perform the Services for the Commission.
2. If you perform the Services, we agree to pay you the Commission in accordance with the Payment Terms.
3. PropSquad Pty Ltd acts as an authorised administrator of the affiliate program. As part of its role, PropSquad Pty Ltd ensures the program adheres to compliance standards, manages data securely, and provides educational resources. By participating in the program, you acknowledge and accept PropSquad Pty Ltd’s role in program facilitation.
Your Responsibilities
1. You must:
  1. be over the age of 18;
  2. comply with all applicable laws and regulations, including the Spam Act 2003 (Cth);
  3. comply with the disclosure requirements;
  4. engage in ethical promotional practices, including by adhering to transparency guidelines, ensuring truthful advertising, and maintaining a high level of integrity when representing us;
  5. perform the Services within the timeframes we communicate to you;
  6. provide the Services in accordance with our instructions and guidelines;
  7. provide accurate, truthful and complete representations of the client brand;
  8. at our request, promptly edit or remove any materials; and
  9. only share opinions that are genuinely held by you, and make it clear when a statement is an opinion.
2. You must not:
  1. post any content that is offensive, discriminatory, obscene, sexually explicit, violent, illegal or other violates reasonable community standards;
  2. promote us on websites or platforms containing offensive, illegal, or inappropriate content, including but not limited to sites promoting violence, hate speech, adult content, gambling, or other unethical activities;
  3. speak badly about our competitors;
  4. spam end customers or use unsolicited marketing methods;
  5. bid on our trade marks or variations thereof in paid search engine advertising;
  6. use unauthorised promotional materials or misrepresent us;
  7. disclose or use information you learn about us while working with us; and
  8. comment on rumours about our business.
3. We reserve the right to audit your promotional practices and materials for compliance with this Agreement. You agree to provide all reasonable cooperation and access to ensure compliance with the terms of this Agreement. If we identify any non-compliance during an audit, you will be given 14 days to address and rectify the issue. Non-compliance after this period may result in suspension or termination.
4. You are responsible for ensuring that your chosen marketing channels, including websites, social media platforms, and other promotional outlets, comply with applicable laws and do not infringe on the Intellectual Property Rights or privacy rights of third parties. We will not be liable for any disputes arising from unauthorised use of such channels.
5. We reserve the right to monitor your performance to ensure compliance with program standards. You may be required to provide additional information or reports about their promotional activities to maintain program integrity.
6. You must ensure that your promotional activities maintain the integrity of our brand. Unauthorised use of our trade marks, logos, or copyrighted material is prohibited.
The Affiliate Blueprint
1. As part of this Agreement, you may gain access to The Affiliate Blueprint. Access is provided solely for the purposes of enhancing your marketing skills and performance within the program. You must separately agree to the terms and conditions of The Affiliate Blueprint, including restrictions on reproducing, sharing, or distributing course content without prior written consent. Violation of these terms may result in removal from the program.
2. Your use of The Affiliate Blueprint is subject to periodic review by the platform provider, PropSquad Pty Ltd, to ensure compliance with the platform's terms and conditions. Non-compliance may result in suspension of access or removal from the program.
3. You acknowledge and agree that The Affiliate Blueprint may be provided through, interface with or be reliant upon separate third party software providers, such as Teachable. To the maximum extent permitted by law, neither we nor PropSquad Pty Ltd will be liable for any failure of The Affiliate Blueprint as a result of the actions of such third party providers.
4. You acknowledge and agree that we will also be using Trackdesk, which will measure performance, monitor conversions and assist with payment of the Price. You agree to cooperate with us in the use of Trackdesk and agree to comply with our reasonable instructions and any reasonable additional terms and conditions in relation to its use.
Inactive Affiliates
1. Affiliates who notify us in advance of inactivity due to sabbaticals, medical leave, or other valid reasons may retain their status, subject to our approval.
2. Otherwise, if you do not generate any activity (e.g. appointments and sales) for a consecutive period of 12 months, you will be deemed inactive and this Agreement will automatically terminate. Upon termination due to inactivity, any unpaid Commission below the minimum payout threshold of $500 AUD will be forfeited.
3. Following termination, you may reapply to the Affiliate Program if you wish to resume participation. Reapplication will be subject to review and approval based on current program terms, and we reserve the right to deny re-entry at our sole discretion.
Disclaimers and Acknowledgements
1. We do not guarantee any specific results, outcomes, or income from participation in the program or providing the Services. Your Commission will depend on various factors, including marketing efforts, market conditions, and the overall demand for our products and services. You acknowledge and agree that results may vary, and, to the maximum extent permitted by law, we will not be held liable for any outcomes or performance, nor for any changes in market conditions or external events that impact the success of your Services.
2. You acknowledge and agree that affiliate accounts and associated benefits are non-transferable. You may not assign or transfer your participation in the program or provision of the Services to another individual or entity without prior written approval from us.
3. We provide tools, training, and guidance to help you succeed in your affiliate marketing efforts as part of the Services. However, the decisions you make and the outcomes of those decisions are your sole responsibility. Your success depends on factors such as dedication, application of the tools provided, and external market conditions.
Privacy and Data Security
1. You are responsible for ensuring the confidentiality and security of customer data you may handle in your performance of the Services. You must comply with all applicable privacy laws (including the Privacy Act 1988) and avoid storing or sharing customer information outside of the affiliate program's intended use.
2. Any breaches of data security must be reported to us immediately.
3. The affiliate tracking system uses cookies to attribute referrals to your account. The cookie remains active for 90 days from the date of the referral’s initial visit to our website through your unique link. If the referred customer completes a qualifying action within this period, you will be eligible for the applicable commission. If the cookie is cleared, expires, or the customer uses a different device, we cannot guarantee commission attribution.
Confidentiality
1. Subject to clause 7.2, each Party must (and must ensure that its Personnel) keep confidential, and not use (except to perform its obligations under this Agreement) or permit any unauthorised use of, information provided by the other Party, including information about this Agreement and the other Party’s business and operations.
2. Clause 7.1 does not apply where the disclosure is required by Law or the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with this Agreement and provided that the disclosing Party ensures the adviser complies with the terms of clause 7.1.
Intellectual Property
1. As between the Parties:
  1. we own all Intellectual Property Rights in Our Materials;
  2. you own all Intellectual Property Rights in Your Materials; and
  3. nothing in this Agreement constitutes a transfer or assignment of any Intellectual Property Rights in Our Materials or Your Materials.
2. As between the Parties, ownership of all Intellectual Property Rights in any New Materials will at all times vest, or remain vested, in us upon creation. To the extent that ownership of such Intellectual Property Rights in any New Materials does not automatically vest in us, you hereby assign all such Intellectual Property Rights to us and agree to do all other things necessary to assure our title in such rights.
3. We grant you a non-exclusive, revocable, royalty-free, worldwide, non-sublicensable and non-transferable right and licence, to use Our Materials that we provide to you and the New Materials, solely for the purposes of you performing your obligations under this Agreement.
4. If you (if you are an individual) or any of your Personnel have any Moral Rights in any material provided, used or prepared in connection with this Agreement, you agree to (and will procure that your Personnel) consent to our use or infringement of those Moral Rights.
5. You warrant that the New Materials will not infringe the Intellectual Property Rights or any other rights of any third party.
6. This clause 8 will survive termination or expiry of this Agreement.
Payments
1. You are responsible for ensuring the accuracy of your payment account information. We will not be held liable for payment delays caused by incorrect or outdated account details. Payment-related disputes must be submitted in writing within 14 days of the payment date for review and resolution.
2. You acknowledge and agree that Commissions are paid for genuine referrals within our service area, as notified to you from time to time. We will take reasonable steps to ensure the quality of leads, and Commissions are subject to verification.
3. Commission is deemed as earned only after the refund period for a referred transaction has expired. Refunds or chargebacks must be processed within 30 days of the original transaction. If you refer a customer that subsequently cancels an order, requests a refund, or has a payment reversed, we reserve the right to deduct the Commission paid for such sales. Disputes related to refunds will be resolved based on supporting documentation provided by both Parties.
4. Multi-tier affiliate arrangements are not permitted.
Taxes and Benefits
1. To the maximum extent permitted by law, you are responsible for your own taxes and compliance with applicable tax regulations. We will not withhold or pay any taxes on your behalf.
2. As independent contractors, you are not entitled to any benefits, such as superannuation contributions or any other employee entitlements, from us.
3. The Commission is deemed taxable income. To enter this Agreement, you must provide a valid Australian Business Number (ABN). Failure to provide an ABN may result in the withholding of the Commission until valid details are provided.
4. If your annual turnover exceeds the GST registration threshold, you may be required to register for GST. Even if your turnover is below the threshold, you can choose to register voluntarily.
5. You must notify us of any changes to your ABN status during the Term.
Term and Termination
1. This Agreement will operate for the Term.
2. Either Party may terminate this Agreement upon 30 days’ written notice.
3. We may terminate this Agreement immediately upon written notice if you breach this Agreement, or commit an act that brings (or is likely to bring) either us or you into disrepute or under public scrutiny.
4. You may terminate this Agreement immediately upon written notice if we breach this Agreement.
5. Upon expiry or termination of this Agreement:
  1. you must stop providing the Services and return all of our property in your possession; and
  2. you will only be entitled to the Commission for sales made up until the date of termination. No commissions will be paid for referrals made after the termination date. We reserve the right to withhold Commission if the termination is due to your breach of this Agreement.
6. Termination of this Agreement will not affect any rights or liabilities that a Party may have at law.
7. This clause will survive the termination or expiry of this Agreement.
General
1. Amendment: We reserve the right to update the terms and conditions of this Agreement from time to time. We agree to notify you of such changes via email or through the affiliate dashboard. Continued participation in the program and provision of the Services after such updates will be regarded as acceptance of the revised terms.
2. Governing Law: This Agreement is governed by the laws of Victoria.
3. Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event. This clause will not apply to a party’s obligation to pay any amount that is due and payable to the other Party under these Terms.
4. Disputes: A Party may not commence court proceedings relating to any dispute arising from, or in connection with, this Agreement (Dispute) without first meeting a representative of the other Party within 10 Business Days of notifying that other Party of the Dispute. If the Parties cannot resolve the Dispute at that meeting, either Party may refer the Dispute to mediation administered by the Australian Disputes Centre.
5. Relationship of Parties: This Agreement is not intended to create a partnership, joint venture, employment or agency relationship between the Parties.
6. Subcontracting: You may not subcontract the provision of any part of the Services without our prior written consent.
Definitions

Intellectual Property Rights or Intellectual Property means any and all existing and future rights throughout the world conferred by statute, common law, equity or any corresponding law in relation to any copyright, designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, whether or not registered or registrable.
Moral Rights has the meaning given in the Copyright Act 1968 (Cth) and includes any similar rights in any jurisdiction in the world.
New Materials means all Intellectual Property developed, adapted, modified or created by or on behalf of us or you or any of your or our respective Personnel in connection with this Agreement or the supply of the Services, whether before or after the date of this Agreement and any improvements, modifications or enhancements of such Intellectual Property, but excludes Our Materials and Your Materials.
Our Materials means all Intellectual Property which is owned by or licensed to us and any improvements, modifications or enhancements of such Intellectual Property, but excludes New Materials and Your Materials.
Your Materials means all Intellectual Property owned or licensed by you or your Personnel before signing this Agreement (which is not connected to this Agreement) and/or developed by or on behalf of you or your Personnel independently of this Agreement and any improvements, modifications or enhancements of such Intellectual Property, but excludes Our Materials and New Materials.

Annexure A: Pricing Schedule

Commission Payouts

Affiliates will be eligible for the following commission payments upon meeting the specified conditions:

Qualified Appointment: $250 inc. GST per qualified appointment held with a Panorama sales consultant at the Panorama Portarlington Sales Studio. The appointment must be booked through the official system and attended by a legitimate prospective buyer.
Unconditional Contract: 1.1% inc. GST of the total contract price per successful property sale that reaches unconditional contract status. The contract must be executed, with all conditions met and the initial deposit received.
Settlement: 1.1% inc. GST of the total contract price per property that successfully reaches settlement. Payment is triggered upon final completion of the transaction and transfer of ownership.

Payment Conditions

Payments are subject to verification through Panorama’s official tracking system.
Commission for form completions will only be paid for valid, non-duplicated, and non-fraudulent activity.
Qualified appointments must be attended and confirmed as legitimate by Panorama’s sales team.
The Unconditional Contract Commission is payable only when the client contract becomes unconditional. This occurs when the contract has been fully executed, the deposit is held in trust, and the client remains active without cancelling their contract within the first 30 days.
The Settlement Commission is payable only upon the successful completion of settlement. This occurs when the land contract has fully settled, all funds have been received, legal title has been transferred from the Developer to the purchaser, and the Developer has received formal confirmation from PEXA that settlement is complete.
Payments will be processed within 30 days of verification and confirmation of each payout milestone.
Commission payments will be made via bank transfer as per the payment details provided by the affiliate.

Taxation & Compliance

Affiliates are responsible for any applicable taxes, including GST, in accordance with local tax regulations.
Affiliates must manage and report their own tax obligations in compliance with local laws.

Dispute Resolution

Any disputes regarding payments must be raised within 14 days of the scheduled payment date.
Panorama will review and respond to disputes within 10 business days.