Hire Staff Offshore
- Low Cost - Prices start at just US$399 per month.
- Easy - You can sign up within minutes.
- Flexible - Service is provided month-to-month.
- Overhead-free - You won't have to pay for infrastructure costs.
AFFILIATE PROGRAM TERMS AND CONDITIONS
This is a legal agreement between you and Support Resort.
Before registering as a Support Resort Affiliate, you must read this Agreement and accept its terms and conditions.
If you do not wish to be bound by the terms and conditions of the Agreement, you MUST NOT register as a Support Resort Affiliate.
Definitions
"account" means any service purchased from Support Resort, such as hiring a staff member for a period of time.
"Affiliate" means a member of our Affiliate Program.
"Affiliate Program" means the service advertised on our websites under the name "Affiliate Program".
"Agreement" means these Terms and Conditions.
"Claim" means any action, claim, demand, cost, loss, damage, (whether special, indirect, consequential, general or any other damage), expense or other liability (including for death and injury, and the costs of defending or settling any Claim) whether arising in contract, negligence or any other tortious action.
"Confidential Information" means information or material:
- containing or being passwords;
- concerning either party's internal business practices and/or actual or potential customers;
- which derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; or
- identified in writing by the disclosing party as confidential.
but does not include any information or material:
- which is or subsequently becomes available to the general public other than through a breach by the receiving party;
- which is already known to the receiving party before disclosure by the disclosing party;
- which is independently developed by the receiving party without use of or reference to the Confidential Information of the other; or
- which the receiving party rightfully receives from third parties without restriction as to use or disclosure.
"Force Majeure" means circumstances beyond the control of a party which includes (but is not limited to) acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, civil commotion or civil authority, including acts of local government and parliamentary authority, materials, breakdown of equipment and labour disputes of whatever nature and for whatever cause arising including (but without prejudice to the generality of the foregoing) work to rule, overtime bars, strikes and lockouts and whether between either of the parties hereto and any or all of its employees and/or any other employer and any or all of its employees and/or between any two or more groups of employees (and whether of either of the parties hereto or any other employer), acts of war (declared or undeclared) or terrorism.
"person" includes an individual, a body corporate, office, commission, authority, committee, tribunal, board, institute, organization or other body however described.
"Qualifying Service Plans" means the five longest-running Service Plans purchased by your Referred Clients. If a Service Plan is cancelled or discontinued for any reason and then the Referred Client resubscribes to the same Service Plan, then the start date of the later subscription will be considered when determining the five longest-running Service Plans and the start date of the cancelled Service Plan will not be taken into account. Note that the list of Service Plans that are Qualifying Service Plans is subject to change since the list of the five longest-running Service Plans will change each time one of them is cancelled.
"Referred Client" means any person, other than yourself and your affiliates, employees and office holders, who purchases a service from Support Resort:
- based on your recommendation during the period in which you are a member of our Affiliate Program; and
- in such a way that Support Resort is able to recognize the fact that the customer was directed to our service by you, and is able to identify your membership details (Affiliate ID) at the time the purchase is made.
"Service" means the provision to you and your Referred Clients, by us, of labour-based and IT-enabled services, and all associated systems and software.
"Service Plan" means a staff member or 24/7 service which we make available to customers in return for a monthly fee, as advertised on our website. A Service Plan ceases to exist once it has been cancelled and the paid-up service period completed. If a customer resubscribes to a Service Plan after a previous similar or equivalent Service Plan has been cancelled, then the new subscription will be deemed to be a separate Service Plan and not a continuation of the cancelled Service Plan.
"Support Resort", "Vanilla Networks", "we", "our" and "us" means Vanilla Networks Pty Ltd trading as Support Resort (ABN 94 098 484 934), a company incorporated under the Corporations Act 2001.
"website" means any pages, material, content, software or systems made available through the SupportResort.com domain name, including all subdomains.
"you" and "your" means the entity applying to join the Support Resort Affiliate Program. If you provide a business name on the order form, then that business is the entity which is applying to join the Support Resort Affiliate Program and the person(s) who complete the order form on behalf of that entity warrant(s) that he/she/they are duly authorised by the entity to enter into this legally binding agreement on behalf of the entity. If a business name was not provided on the order form, then the individual person(s) named on the order form is/are bound by this agreement and the order form must only be submitted by the named person(s).
Application to Join
Any person who is aged 18 years or over and who is a resident of the United States of America, Canada, the United Kingdom, Australia, Ireland, New Zealand, South Africa, Singapore or Hong Kong may apply to join the Affiliate Program.
Support Resort reserves the right to accept or reject applications to join the Affiliate Program at its sole discretion.
Application Details
You confirm that the details you have provided to Support Resort in your application to join our Affiliate Program are complete, correct and up-to-date.
Password Security
You must keep confidential all passwords created for, and/or used in relation to, the Affiliate Program.
Notice
You agree to correspond with us by sending email messages to any email address we specify for that purpose. If we need to contact you for any reason we will do so via the email address we have on record in relation to your Affiliate Program membership.
You agree to notify us promptly of any changes to your email address or other contact details.
Commissions
Support Resort will award you commissions for each payment made for any Service Plans purchased by your Referred Clients with the following exceptions:
- No commissions will be payable for Qualifying Service Plans. Specifically, if, at the time a payment is received for a Service Plan, that Service Plan is one of your Qualifying Service Plans, then no commission will be payable;
- If one of your Referred Clients joins the Affiliate Program then you will still be eligible for commissions for their direct purchases but not for the purchases of their Referred Clients;
- No commissions will apply to any payment which is refunded or which we agree to refund (at our sole discretion) within 14 days of receiving the payment;
- No commissions will apply to any fraudulent payment or any payment that was later reversed by the customer or financial providers for any reason. In this case, the commissions that had been paid to you in relation to those payment (if any) would need to be repaid by you within seven (7) days of our notifying you that the commission payments need to be returned;
- If we suspect a payment is fraudulent, we reserve the right to withhold commissions until such time as the legitimacy of the payment has been verified;
- No commissions will be payable after you cease to be a member of the Support Resort Affiliate Program for any reason;
- Commissions will not be payable for any Service Plan if it is not clear, at the time of the order, that the customer placing the order has been referred by you. While we will endeavor to ensure that our tracking and order systems appropriately recognize when a client has been referred by you, you acknowledge that some Referred Clients may side-step the system and that it will not be possible for us to ascertain whether the Referred Client was directed to our service by you. In such circumstances, commissions will not be payable;
- Commissions are credited 14 days after payment of an amount due has been received from each Referred Client. If the Referred Client makes an overpayment, commissions will only be payable on the amount due, and not on any overpaid amount. If the Referred Client makes an underpayment, then no commission will be paid unless/until full payment is received from the Referred Client;
- Commissions will not be payable for payments made by any person, or entity directly associated with any person, who has already made a payment to Support Resort at any time prior to the date of the person placing an order as a result of being referred to us by you;
- Prior to payment of any commissions, we reserve the right to seek proof of your identity. If you fail to satisfy our identification requirements then no payment will be made.
The following commission rates currently apply:
| Service Plan | Commission (US$) | |
|---|---|---|
| Initial Spotter's Fee | Monthly Payment | |
| Full-time Service Plans | ||
| Standard Level | $100 | $15.00 |
| Premium Level | $100 | $20.00 |
| Gold Level | $100 | $25.00 |
| Certified Level | $100 | $25.00 |
| Part-time Service Plans | ||
| Standard Level | $50 | $7.50 |
| Premium Level | $50 | $10.00 |
| Gold Level | $50 | $12.50 |
| Certified Level | $50 | $12.50 |
| 24/7 Service Plans | ||
| Web Hosting Standard | $100 | $50.00 |
| Web Hosting Premium | $100 | $50.00 |
The commission rates shown above include GST and Sales Tax when applicable.
The Initial Spotter's Fee (commission) is payable on the initial payment made by each Referred Client for each Service Plan the client purchases, subject to the exclusions and limitations mentioned within this Agreement, unless the purchase is a resubscription to an existing service. That is, if a Service Plan is cancelled for any reason and then the Referred Client resubscribes to a new Service Plan so that the same type of work can be continued (even if at a different service level, such as may be the case when, for example, a staff member is promoted and the customer upgrades the Service Plan to continue working with the staff member), then the Initial Spotter's Fee will not apply to the new Service Plan.
The Monthly Payment commission is payable on each payment made by each Referred Client for each Service Plan the client purchases, subject to the exclusions and limitations mentioned within this Agreement.
Commission rates can be changed by us by advertising the new commission rates on our website. Any changes to commission rates will apply only to Service Plans commencing after the date of the commission change, and commission rates for Service Plans already running at the time of the change will not be affected by the change.
Payment of commissions
We will only make payments to you via your PayPal account. The PayPal account must:
- Be in your name; and,
- Be a verified PayPal account.
In order to receive payment for your commissions you must issue a valid invoice to Support Resort. A valid invoice is one that is issued on your letterhead and includes all of the following information:
- Your Affiliate ID;
- Your name;
- Your business name (if applicable);
- The phrase "Tax Invoice" in the title if you are Australian, or the phrase "Invoice" in the title if you are not Australian;
- Your Australian Business Number (ABN) if you are Australian. An ABN must be quoted otherwise we must withhold 48.5% of the payment as required by law;
- The date;
- The email address of the PayPal account which payment should be deposited into;
- A valid reference number for the claim (available via the invoice generator in the Affiliate Hub);
- The payment amount (must not exceed the total commissions currently owing to you);
- Our name ("Support Resort"); and
- The signature of an authorized contact for your account.
Within 7 days of receiving a valid invoice (as described above), we will transfer payment directly into your nominated PayPal account.
You must not issue more than one invoice to us per month. We will make no more than one payment per month.
We accept no responsibility for any loss incurred due to incorrect PayPal account details being provided to us. If payment has been made into the wrong PayPal account due to incorrect or inadequate details being provided to us, the payment will not be made a second time.
If you owe any overdue fees in relation to a Service Plan you have purchased from us, then any amounts owing to you under our Affiliate Program may, at our discretion, be offset against the amounts owed by you.
You acknowledge and agree that we are entitled to change the method of payment as we see fit. We can make such changes by updating these Terms and Conditions on our website, and then the new payment method will apply from the time of the change.
The minimum amount of any individual payment we make to you will be US$250. If you do not accrue sufficient commissions to reach the minimum payout amount (US$250) then no commissions will be paid.
The date each payment is made by a Referred Client will be recorded. If your accumulated commissions have not reached the $250 payout minimum within 12 months from the time the commission is earned, or if you have not claimed the commission by providing us with a valid invoice for the commission within 12 months from the time the commission is earned, that commission will be forfeited.
No partnership
Membership of our Affiliate Program does not create, nor is it intended to create, any partnership between you and us.
Customer Support
We will provide customer support directly to Referred Clients. We will also bill Referred Clients directly.
Access
You will not have access to any Referred Client's account.
To protect the privacy of Referred Clients and to comply with our confidentiality obligations, we will not provide you with details of the identity and/or activity of any Referred Client(s) nor will we discuss their interactions with us. The only exception is that we will provide the following details of each payment by Referred Clients:
- The start month of the Service Plan;
- Whether the Service Plan was a Qualifying Service Plan at the time of the payment;
- The payment date;
- The payment amount;
- The commission amount;
- Whether the commission has expired due to being unpaid or unclaimed 12 months after the payment date.
The above information will appear in your Affiliate Program records 14 days after each payment is made. You agree that we have no obligation to provide you with payment details until 14 days have elapsed after the payment date.
Promotion
You must not promote our service through unsolicited emails, spam, news groups, banner networks or similar channels. If you make any statement about our Service on any Internet discussion forum, you must not breach the rules of that forum. You must ensure that your promotion of our service is tasteful and preserves our reputation at all times. You must not make any misleading statements about our service offering and must endeavor to ensure that any statements you make about our service are accurate and up-to-date. You must not violate any applicable laws or regulations when promoting our service.
You must not make any statement which implies or states that you are an official representative of our company. You must not state or imply that you are speaking on our behalf, nor state or imply that the Service is provided by you.
Use of our copyrighted material
You must not copy nor use any of our intellectual property for the purpose of promoting our service, except for the content and graphics that we make available for Affiliate Program members in our Affiliate Hub for the express purpose of promoting our service (refer to the Promotion Materials section of the Affiliate Hub).
Cancellation of Membership
If you do not refer any new clients for a 6 month period and do not have any commissions owing, or if you do not refer a client for a 12-month period, then your Affilate Program membership will be cancelled.
Any attempt to abuse or dishonestly use the Affiliate Program and associated software and systems will result in immediate disqualification from the program and no commissions will be payable.
We reserve the right to refuse or cancel your Affiliate Program membership, and access to related services and systems, at our sole discretion.
You may cancel your membership in the Affiliate Program at any time by providing us with written and unambiguous notice.
Cancellation of Service to Referred Clients
We reserve the right to refuse or cancel the Service to any or all of your Referred Clients for any reason at our sole discretion.
Confidential Information
Each party will maintain all Confidential Information of the other party in strict confidence and will not at any time or for any reason disclose any Confidential Information of the other to any third party without the disclosing party's prior written consent.
Neither party will use any Confidential Information of the other for any purpose whatsoever except in performing its duties and exercising its rights under this Agreement.
Neither party will disclose any Confidential Information of the other to any of its agents or employees who do not participate directly in the performance of its duties or exercise of its rights under this Agreement, and each party will advise its employees who are permitted access to any Confidential Information of the other party, of the restrictions on disclosure and use set forth in this Agreement.
Notwithstanding the foregoing, either party may disclose the Confidential Information of the other if it believes in good faith that any applicable law, rule, or regulation requires the disclosure, provided that it makes a reasonable effort to give the disclosing party as much advanced notice as may be practicable.
On termination or expiration of this Agreement, each party will return or destroy all Confidential Information obtained from the other party and copies thereof.
Either party may use for any purpose without obligation to the other party's information (other than Confidential Information) in non-tangible form, which may be recalled by persons who have had access to the Confidential Information, and which results from work with the Confidential Information.
You agree that, if you dispute any payment(s) made to us, then we will have the right to disclose any information we see fit to any financial service provider(s) involved in processing each disputed transaction, and that the Confidential Information provisions in this Agreement do not apply to our communications with those entities.
Nothing in this Clause will prohibit or restrict our right to provide the same or similar products or services furnished hereunder to other parties. You acknowledge and agree that the restrictions on Confidential Information contained in this Agreement shall not apply to the general knowledge, skills and experience gained by us or our employees while engaged by you.
Non Solicitation of Employees or Contractors
Except for the Service itself, you will not directly or indirectly, during this Agreement and for a period of two years after its expiry or termination solicit, engage, employ, contract or otherwise work in any manner with any person who is or was employed or engaged by us (including our subsidiaries). This obligation applies not only to you but also to each of your Directors and principals (where existent). In the event that you or one or more of your Directors or principals breaches this section, then you agree to pay us a fee of US$25,000 for each breach (that is, once for each employee) plus any legal costs incurred by us in recovering such fees from you.
You acknowledge that the two-year period mentioned above is no greater than is reasonably required to protect the goodwill in the business.
Modifications to Service
We reserve the right to modify or discontinue the Service (or any part thereof) as we see fit, with or without notice. We will not be liable to you or any other party for such modifications to the Service.
Intellectual Property
You agree to indemnify, hold harmless and defend at your own expense us from and against any and all Claims for infringement of copyright, patents, trade marks, industrial designs or other intellectual property rights issued under the laws of any country where:
- the copyright, patents, trade marks, industrial designs or other intellectual property were provided by you; or
- you represented, expressly or impliedly, that the copyright, patents, trade marks, industrial designs or other intellectual property were your intellectual property; or
- you had asked us to download or otherwise copy or access or use the copyright, patents, trade marks, industrial designs or other intellectual property.
You further agree not to provide us with any item nor ask us to download/access/copy/use any item, including but not limited to images, software, computer code and written material, unless you have the legal right to use those items for the purpose our work relates to.
We undertake to give you prompt notice of any Claim described above that is made against us or any of our subsidiaries, dealers or customers and you will forthwith defend any such Claims and make settlements thereof at your own expense.
You acknowledge that any and all of the copyright, patents, trade marks, industrial designs or other intellectual property rights used or subsisting in or in connection with our business, marketing and/or support material relating to our business and all documentation and manuals relating thereto are and will remain our property and you will not, during or at any time after the expiry or termination of this Agreement, in any way question or dispute the ownership by us thereof.
You will not, during or after the expiry or termination of this Agreement, without the prior written consent of us, use or adopt any name, trade name, trading style or commercial designation that includes or is similar to or may be mistaken for the whole or any part of any trade mark, trade name, trading style or commercial designation used by us.
Tax Indemnity
You indemnify us for all taxes, interest and penalties that may be assessed against or incurred by us as a direct result of your marketing and promotion of our Service, or as a direct result of any payment(s) we make to you.
Severability
If any part of this Agreement is deemed to be unenforceable or otherwise invalid then that will not affect the validity nor enforceability of any other parts of this agreement.
Jurisdiction
This agreement shall be interpreted under the laws of Queensland, Australia, and both parties agree that any legal action or proceedings relating to this agreement shall be settled in the courts and/or tribunals in Queensland, Australia.
Force Majeure
Neither party will be liable to the other party in respect of anything which, apart from this provision, may constitute breach of this Agreement arising by reason of Force Majeure.
Waiver
Failure or neglect by us to enforce, at any time, any of the provisions of this Agreement will not be construed or deemed to be a waiver of our rights hereunder nor in any way affect the validity of the whole or any part of this Agreement or prejudice our rights to take subsequent action.
Headings
The headings of the terms and conditions contained in this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of any of the terms and conditions of this Agreement.
Assignment
You may not assign, attempt to assign nor otherwise transfer any right or obligation arising out of this Agreement without our written consent.
Limitation of Liability
WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED UNDER THIS AGREEMENT OR THE USE THEREOF (INCLUDING BUT NOT LIMITED TO DAMAGE, LOSS OR CORRUPTION OF DATA, SERVICE INTERRUPTIONS OR ERRORS, INACCURATE ADVICE PROVIDED TO YOUR CLIENTS, OR LOSS OF PROFIT, BUSINESS, REVENUE, GOODWILL OR ANTICIPATED SAVINGS), EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
THE AGGREGATE LIABILITY OF US FOR ANY CLAIMS HOWSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY PRODUCTS OR SERVICES FURNISHED OR TO BE FURNISHED BY US UNDER THIS AGREEMENT WILL, IN ANY EVENT, BE ABSOLUTELY LIMITED TO THE AMOUNT PAID BY YOU TO US UNDER THIS AGREEMENT FOR THE APPLICABLE PRODUCTS AND/OR SERVICES.
YOU ACKNOWLEDGE THAT WE HAVE SET OUR PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT, AND THAT THE SAME FORMS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATION OF LIABILITY SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF ANY LIMITATION OF REMEDIES IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED HEREIN WILL LIMIT YOUR LIABILITY FOR ITS OWN WILFUL OR WANTON CONDUCT.
NOTWITHSTANDING ANY OTHER PROVISIONS CONTAINED HEREIN, WHERE ANY ACT OF THE AUSTRALIAN PARLIAMENT IMPLIES ANY TERM INTO THIS AGREEMENT, AND THAT ACT AVOIDS OR PROHIBITS PROVISIONS IN A CONTRACT EXCLUDING OR MODIFYING SUCH TERM, THAT TERM WILL BE DEEMED TO BE INCLUDED IN THIS AGREEMENT, BUT OUR LIABILITY FOR BREACH OF THAT TERM WILL BE LIMITED IN ONE OR MORE OF THE WAYS (AT OUR OPTION) PERMITTED BY SECTION 68A(1) OF THE TRADE PRACTICES ACT 1974 (CTH).
Disclaimer
We make no statement, warranty, representation or promise not expressly set out in the Agreement, or required by law. We expressly disclaim all warranties, representations or promises in relation to the Service.
Signed Copy By Fax and/or Post
You agree at our request, to fax a signed copy of this agreement to our Australian fax number, and/or post two signed copies of this agreement to our Australian postal address, within 7 days of our request.
Changes to this Agreement
We reserve the right to change the terms and conditions in this Agreement at any time. Changes can be made by us without notice by updating the Agreement on our website. The new terms and conditions will apply from the time that they are published on our website, and your continued participation in our Affiliate Program will indicate and confirm your acceptance of the updated Agreement.
Facilities
Our first-class premises have a robust and reliable infrastructure including full backup power, uninterruptable power supply, redundant ISP connections and more.
