Partner Program

Partner Program Terms & Conditions

The affiliate agreement you accept when you apply to the QueryCatch Partner Program. Please read it carefully before applying.

Last Updated: 03/06/2026
Version: 1.0

1.Acceptance and Eligibility

1.1

These QueryCatch Partner Program Terms and Conditions (the "Partner Terms" or this "Agreement") govern your participation in the QueryCatch Partner Program (the "Program"), an affiliate and referral arrangement operated by QueryCatch, a registered business name of Nishaan Vigneswaran Pty Ltd (ABN 92 645 267 250) ("QueryCatch", "we", "us" or "our"). The Program is administered through the partner portal at partners.querycatch.com, and applications are submitted at partners.querycatch.com/apply.

1.2

By submitting an application, ticking the consent checkbox during registration, or otherwise participating in the Program, you ("Partner", "you" or "your") acknowledge that you have read, understood and agree to be bound by this Agreement, including the Recipient-Created Tax Invoice (RCTI) arrangement described in the "GST and Recipient-Created Tax Invoices" section. If you do not agree, do not apply for or participate in the Program.

1.3

To be eligible, you must: (a) be at least 18 years of age; (b) have the legal capacity to enter into a binding contract; (c) where you are an Australian business, hold a valid and active Australian Business Number (ABN); and (d) provide accurate, current and complete information during application and keep it up to date. You represent and warrant that you meet each of these requirements.

1.4

This Agreement applies in addition to, and does not replace, the QueryCatch customer Terms and Conditions and Privacy Policy available at https://www.querycatch.com. Where you are also a QueryCatch customer, those customer terms continue to apply to your subscription separately from this Agreement.

1.5

QueryCatch may accept, refuse, suspend or terminate any application or Partner account at its discretion, as set out in the "Suspension and Termination" section below.

1.6

Participation in the Program is a commercial privilege offered by QueryCatch and is not a right. Acceptance into the Program does not guarantee any earnings.

2.Definitions

2.1

In this Agreement, unless the context requires otherwise:

2.1 (a)

"Partner" means the individual or entity approved by QueryCatch to participate in the Program.

2.1 (b)

"Client" means a QueryCatch customer (an organisation) that the Partner refers to, or links with, under the Program.

2.1 (c)

"Profile" means an organisation/website record within QueryCatch, identified by a unique Profile ID, to which a QueryCatch subscription and integrations are attached. A Profile is not an individual user account.

2.1 (d)

"Profile ID" means the unique identifier (a UUID in the form xxxxxxxx-xxxx-xxxx-xxxx-xxxxxxxxxxxx) that a Client shares with a Partner so the Partner can request to link that Profile.

2.1 (e)

"Linked Profile" means a Client Profile that the Partner has explicitly requested to link AND for which a Client administrator has accepted the link request, and which has not since been revoked.

2.1 (f)

"Referral" means QueryCatch subscription revenue generated by a Linked Profile from the date the link is accepted onwards.

2.1 (g)

"Commission" means the amount payable to the Partner in respect of a Linked Profile, calculated in accordance with the "Commission and How It Is Calculated" section.

2.1 (h)

"Net Revenue" means the GST-exclusive amount actually paid and cleared by the Client for a Linked Profile's subscription, less refunds and less Stripe payment-processing fees, as further described in this Agreement.

2.1 (i)

"RCTI" means a Recipient-Created Tax Invoice issued by QueryCatch (as the recipient of the Partner's supply) in respect of Commission, as permitted under the A New Tax System (Goods and Services Tax): Recipient Created Tax Invoice Determination 2023 (LI 2023/20).

2.1 (j)

"Stripe" means QueryCatch's payment processor for Client subscriptions, and "PayPal" means the provider through which Commission is paid to Partners.

2.1 (k)

"Payout" means a disbursement of approved Commission to the Partner via PayPal in Australian dollars (AUD).

2.1 (l)

"Fraud" (also referred to as fraudulent, invalid or prohibited activity) means any dishonest, deceptive, manipulative or prohibited conduct in connection with the Program, including (without limitation): self-referral, or linking your own, related or controlled accounts, to obtain Commission or to double-dip; cookie-stuffing, forced or automated clicks, or fake or artificially generated clicks, leads, sign-ups or Linked Profiles; submitting a Profile ID without the Client's genuine knowledge, consent or authorisation; misrepresenting your identity, business, ABN or GST-registration status; impersonating QueryCatch; generating referrals through spam, malware, or misleading or deceptive conduct, or by any other unlawful means; collusion with a Client to obtain or inflate Commission on revenue that is later refunded, reversed or not genuinely paid; refund or chargeback abuse; and any attempt to manipulate, falsify or circumvent the Program's tracking, attribution, verification or payment rules.

3.How the Partner Program Works (Overview)

3.1

The Program enables approved Partners to earn Commission on QueryCatch subscription revenue generated by Client Profiles that the Partner has explicitly linked and that the Client has approved. In summary:

3.1 (a)

You apply to join the Program at partners.querycatch.com/apply, and QueryCatch reviews your application (typically within 2–3 business days).

3.1 (b)

If approved, your Partner account becomes active and you connect a PayPal account to receive Payouts.

3.1 (c)

You ask a Client to share their Profile ID with you, you submit that Profile ID to request a link, and a Client administrator must accept the verification request before any earnings begin.

3.1 (d)

From the date a link is accepted onwards, you earn Commission of 20% of the Net Revenue generated by that Linked Profile.

3.1 (e)

Commission is calculated monthly for the previous calendar month, approved by a QueryCatch administrator, and paid via PayPal in AUD once the underlying Client funds have cleared.

3.2

Earnings are not automatic. You do not earn Commission merely because you referred, introduced or signed up a Client. Commission accrues only on Profiles that you have explicitly linked AND a Client administrator has approved, and only from the acceptance date forward. QueryCatch does not guarantee any level of earnings (see "No Guarantee of Earnings and Disclaimers").

4.Application, Verification and Approval

4.1

To apply, complete the registration form at partners.querycatch.com/apply and provide the information requested, which may include your name, date of birth, contact details, business details and (for Australian businesses) your ABN.

4.2

On submission, your application is created in a "pending" state and undergoes manual review by QueryCatch. As part of verification we may check: (a) that you are at least 18 years of age (assessed against the date of birth you provide); (b) for Australian applicants, that your ABN is valid and active (verified via the Australian Business Register); and (c) any other information we reasonably require, which may include further identity or business verification.

4.3

Approval is at QueryCatch's discretion. Following review, your application will be either approved (your account becomes "active") or declined. We are not obliged to provide reasons for a decline, although we may do so. You will be notified of the outcome by email.

4.4

An active Partner account may later be suspended or deactivated in accordance with the "Suspension and Termination" section, including where you breach this Agreement. A deactivated Partner cannot sign in, link Profiles or receive Payouts.

4.5

You must keep your account details — including your ABN and GST-registration status — accurate and current. If your circumstances change (for example, you cease to be registered for GST), you must update your details promptly, because this affects how Commission and tax are handled.

5.Connecting PayPal

5.1

Payouts are made exclusively via PayPal. To be eligible to receive Commission, you must connect a valid, verified PayPal account to your Partner account using the secure connection (OAuth) flow in the partner portal.

5.2

You are responsible for ensuring that the PayPal email and account details connected to your Partner account are correct and current. QueryCatch is not liable for Commission sent to an incorrect, closed, restricted or unverified PayPal account where the details were provided or maintained by you.

5.3

Only Partners who are both active and have a connected PayPal account are included in Payout runs. If you have not connected PayPal, Commission may continue to accrue (subject to this Agreement) but cannot be paid until a valid PayPal account is connected.

5.4

PayPal may charge you fees to receive, withdraw or convert funds, and may apply its own holds, reserves or verification requirements. Those fees and requirements (which are separate from the payout fee referred to in "Commission and How It Is Calculated") are a matter between you and PayPal, and QueryCatch has no control over them.

6.Linking and Verifying Client Profiles

6.1

Commission is earned only on Linked Profiles. The linking and verification process is as follows:

6.1 (a)

The Client obtains their Profile ID from their QueryCatch account. The Profile ID is shown on the Client's profile settings page (at /profile-settings) in the "Profile ID" card, where it can be copied. The Client shares this Profile ID with you.

6.1 (b)

You submit the Client's Profile ID via the "Link profile" function in the partner portal. A link request is created in a "pending" state.

6.1 (c)

Every administrator of that Client Profile receives an email request to approve or decline the link. Only a Client user with the administrator role can respond. The Client administrator opens the verification link (at /partner/respond) and either accepts or rejects the request.

6.1 (d)

Earnings begin only once a Client administrator accepts the link request. Accepting a link does not give you access to the Client's data, account or settings; it only authorises the Commission arrangement described in this Agreement.

6.2

Each Client Profile may be linked to only one Partner at a time.

6.3

If a Profile already has a pending or accepted link to another Partner, your link request will be declined. A Profile is never shared between Partners.

6.4

Earnings accrue from the link-acceptance date forward only, and are never backdated.

6.5

Commission is not applied retroactively to revenue earned before the link was accepted.

6.6

New Profiles are not automatically attributed to you — each Profile must be linked and approved separately.

6.7

If a Client (or a business you referred) later creates additional Profiles, you do not automatically earn Commission on those new Profiles. Each additional Profile must be separately linked by you and separately accepted by a Client administrator before any Commission accrues on it. For example: if you refer Business B and link one of its Profiles, and Business B later adds further Profiles under its own plan, those further Profiles earn you nothing unless and until each one is individually linked and approved.

6.8

Either party may revoke a link at any time, and Commission stops accruing from the date of revocation.

6.9

On revocation the link becomes "revoked" and you earn no Commission on that Profile for any period after revocation. Revocation does not affect QueryCatch's rights to reverse or claw back Commission as set out in this Agreement.

6.10

You are responsible for ensuring you have a genuine relationship with, and authorisation from, any Client whose Profile you link. You must not submit Profile IDs you have obtained improperly or without the Client's knowledge and consent.

7.Commission and How It Is Calculated

7.1

Subject to this Agreement, you earn Commission on the Net Revenue generated by each Linked Profile from the date the link is accepted onwards. Your gross Commission is twenty percent (20%) of Net Revenue, from which the PayPal payout fee is deducted as set out below.

7.2

QueryCatch's customer prices are GST-inclusive for Australian customers. Your Commission is calculated, for each relevant period, as follows:

7.2 (a)

Start with the gross GST-inclusive amount actually paid and cleared by the Client on Stripe invoices for that Linked Profile, with any refunds subtracted.

7.2 (b)

Strip GST to obtain the GST-exclusive gross by dividing the GST-inclusive amount by 1.1 (GST is one-eleventh of a GST-inclusive price).

7.2 (c)

Deduct the actual Stripe processing fees incurred on the cleared payments. The result is the Net Revenue — GST-exclusive and net of Stripe fees.

7.2 (d)

Your gross Commission is 20% of the Net Revenue.

7.2 (e)

Deduct the PayPal payout fee incurred in paying you — approximately 2% of the Commission, capped in line with PayPal's payout fee schedule (for Australian domestic payouts, currently up to AUD $1.00 per Payout). The amount remaining is your Commission.

7.2 (f)

If you are registered for GST, GST of 10% is then added on top of your Commission; the total is your Payout (see "GST and Recipient-Created Tax Invoices").

7.3

Worked example (illustrative only): a Client pays $110 GST-inclusive for a Linked Profile. Stripping GST ($110 ÷ 1.1) gives $100 GST-exclusive. After deducting actual Stripe processing fees (say about $3.50), Net Revenue is about $96.50. Your gross Commission is 20% of $96.50, about $19.30. We then deduct the PayPal payout fee of approximately 2% (about $0.39 here), leaving a Commission of about $18.91. If you are registered for GST, GST of 10% (about $1.89) is added on top, making your Payout about $20.80; if you are not registered for GST, your Payout is about $18.91. Figures are illustrative only; actual fees and amounts vary per transaction.

7.4

Commission is 20% of Net Revenue — after all fees and after GST is stripped — and only on funds that have actually cleared into QueryCatch's account.

7.5

We do not pay 20% of a Client's GST-inclusive price, and we do not pay on amounts that have not actually cleared. QueryCatch determines the value of each Commission from its own sales and payment data. Commission rates, the scope of commissionable revenue and the method of calculation may be varied in accordance with the "Changes to These Terms and Commission Rates" section.

8.GST and Recipient-Created Tax Invoices (RCTI)

8.1

Whether GST applies to your Commission depends on your GST status. The following reflects Australian GST law; it is general information only and not tax advice, and you should confirm your own position with your accountant.

8.1 (a)

If you are registered for GST (or required to be): your supply of referral services to QueryCatch is a taxable supply. GST of 10% is added on top of your Commission (so the GST is one-eleventh of the GST-inclusive Commission total), and your Payout is the Commission plus that GST. Where the conditions below are met, QueryCatch will issue you an RCTI for that supply.

8.1 (b)

If you are NOT registered for GST: no GST is added to your Commission, no RCTI is issued, and your Commission is the GST-exclusive amount only.

8.1 (c)

If you are an overseas / non-resident Partner whose supply is not connected with the indirect tax zone (Australia): no Australian GST is added to your Commission and no RCTI is issued; your Commission is the GST-exclusive amount only. This does not apply to the extent Australian GST law requires QueryCatch to account for GST under the reverse-charge rules, in which case QueryCatch will handle that GST.

8.2

RCTI arrangement. Because QueryCatch calculates the value of each Commission from its own sales and payment data, QueryCatch may issue Recipient-Created Tax Invoices instead of you issuing your own tax invoices. By accepting this Agreement you agree to the following RCTI terms:

8.2 (a)

QueryCatch (the recipient) may issue RCTIs in respect of all Commission and referral-fee supplies you (the supplier) make under this Agreement, and you will not issue your own tax invoices for those supplies.

8.2 (b)

QueryCatch will only issue an RCTI where you have confirmed in the partner portal that you are currently registered for GST. You warrant the accuracy of your stated GST-registration status and must update it immediately if it changes. If you are found not to have been registered for GST when an RCTI was issued, any GST component is repayable to QueryCatch and the RCTI may be adjusted or cancelled.

8.2 (c)

You acknowledge that you are registered for GST (where you have so confirmed) and undertake to notify QueryCatch in writing if you cease to be registered. QueryCatch (Nishaan Vigneswaran Pty Ltd, ABN 92 645 267 250) acknowledges that it is registered for GST and undertakes to notify you in writing if it ceases to be registered.

8.2 (d)

QueryCatch will issue the original or a copy of each RCTI to you within 28 days of determining the value of the relevant taxable supply, and each party will retain its copy as required by GST law. Each RCTI will identify the issuer as QueryCatch (Nishaan Vigneswaran Pty Ltd, ABN 92 645 267 250).

8.2 (e)

This RCTI agreement takes effect from the date you accept this Agreement and continues for the term of your participation in the Program. The GST shown on an RCTI is calculated as one-eleventh of the GST-inclusive Commission (that is, 10% of the Commission), and not on the Client's subscription price.

8.3

You are solely responsible for correctly declaring and remitting any GST, income tax or other taxes arising on your Commission income to the relevant authorities.

9.Payouts

9.1

Commission is paid via PayPal in Australian dollars (AUD), subject to the following:

9.1 (a)

Monthly cycle. Commission is calculated monthly for the immediately preceding calendar month and processed in the early part of the following month.

9.1 (b)

Funds must clear first. Commission is payable only on Client subscription payments that have actually cleared and settled into QueryCatch's account. We do not pay Commission on amounts that are unpaid, pending, disputed, reversed or otherwise not cleared.

9.1 (c)

Administrator approval. Each calculated Payout is first held for approval and must be manually approved by a QueryCatch administrator before any funds are sent. We may approve, decline, hold or adjust any Payout, including pending investigation.

9.1 (d)

Minimum threshold. The minimum Payout is AUD $1.00. Where your Commission for a period is below AUD $1.00, it is not paid for that period and may be withheld.

9.1 (e)

Currency and method. All Payouts are made in AUD via PayPal to the PayPal account you have connected. You are responsible for any currency conversion applied by PayPal or your bank.

9.1 (f)

Your fees and taxes. You are responsible for any PayPal receiving, withdrawal or currency-conversion fees charged to you, and for all taxes (including GST and income tax, where applicable) arising on your Commission income.

9.2

Payouts can take up to ninety (90) days, or longer, before they reach you.

9.3

A Payout may be delayed by up to ninety (90) days, or longer, due to payment clearance and settlement times, refund and chargeback windows, fraud, compliance or risk review, account or identity verification, administrator approval, and PayPal or banking holds, reserves and processing delays. No Commission is payable on Client transactions that are refunded, charged back, cancelled, reversed or otherwise not finally cleared.

9.4

Until a Payout has been approved and paid, it is a provisional calculation only and does not constitute a debt owed to you. QueryCatch is not liable for amounts that are withheld, declined, skipped or reversed in accordance with this Agreement.

10.Clawbacks and Reversals

10.1

Commission is contingent on the underlying Client revenue being genuine, lawful, cleared and retained by QueryCatch. If that ceases to be the case, the related Commission is reversed.

10.1 (a)

Refunds and chargebacks. If a Client payment is refunded (in whole or in part), charged back, disputed or otherwise reversed, the Commission attributable to that payment is reversed. Refunds are deducted from the Net Revenue for the period in which they occur, reducing your Commission accordingly.

10.1 (b)

Fraud, invalidity and breach. If a referred sale or link is found to be fraudulent, invalid, self-referred or otherwise in breach of this Agreement, no Commission is payable on it, whether or not it has already been calculated, approved or paid.

10.1 (c)

Set-off and recovery. QueryCatch may set off, deduct, withhold or recover any reversed, overpaid or ineligible Commission, and any Commission relating to refunds, chargebacks or fraud, against your current or future Payouts. QueryCatch will exercise this right within a reasonable period after becoming aware of the relevant refund, chargeback, reversal, overpayment or breach. Where future Payouts are insufficient, you must repay the relevant amount on demand.

10.1 (d)

Withholding pending investigation. QueryCatch may withhold or hold any Commission or Payout while it investigates suspected fraud, invalid activity, self-referral or any other suspected breach. Where a breach is substantiated, the affected Commission is forfeited.

10.2

Commission already paid to you in respect of a refund, chargeback, fraud or breach remains subject to reversal, set-off and recovery in accordance with this section even after it has been disbursed.

11.No Double-Dipping and Discount Removal

11.1

You cannot receive both a customer discount and a referral Commission on the same subscription revenue.

11.2

Receiving both a customer discount and a referral Commission on the same revenue is referred to as "double-dipping" and is prohibited.

11.3

Where you are also a paying QueryCatch customer (for example, where a business is both a Partner and a subscriber with its own or related Profiles) and you link to, or earn referral credit on, your own or related accounts, QueryCatch reserves the right to remove any customer discount, promotional code or volume discount applied to those accounts so that a discount and a Commission are not stacked on the same revenue.

11.4

QueryCatch may, at its discretion: (a) remove or reverse such discounts; (b) decline or reverse the Commission; (c) treat the arrangement as a prohibited self-referral; and/or (d) suspend or terminate your participation in the Program. You must not structure links or accounts in order to obtain both a discount and a Commission on the same subscription revenue.

12.Partner Obligations and Acceptable Marketing Conduct

12.1

You must conduct all Program activities lawfully, honestly, and in a way that does not damage QueryCatch's reputation. In particular:

12.1 (a)

No spam. You must not send unsolicited bulk or commercial electronic messages. All electronic marketing must comply with the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth), and, where messages are sent to recipients in other jurisdictions, with the equivalent laws of those jurisdictions (including the US CAN-SPAM Act for US recipients). You must obtain any required consent, accurately identify yourself as the sender (including correct legal name, or name and ABN) without misleading sender or subject information, and provide a functional unsubscribe facility that is honoured within five business days.

12.1 (b)

No misleading or deceptive conduct. You must not engage in misleading or deceptive conduct or make false or misleading representations contrary to the Australian Consumer Law (including sections 18 and 29), including any false, unsubstantiated or exaggerated earnings, performance, pricing or results claims about QueryCatch.

12.1 (c)

No brand or paid-search abuse. You must not bid on, or run paid-search, shopping or other advertising against, "QueryCatch" or any QueryCatch trade mark, brand term, variation or misspelling, on any advertising platform.

12.1 (d)

No cookie-stuffing or artificial activity. Cookie-stuffing, forced clicks, pop-unders, iframe injection, and any artificial inflation, manipulation or falsification of clicks, leads, referrals or Linked Profiles are strictly prohibited.

12.1 (e)

No impersonation. You must not impersonate QueryCatch, or register or use any domain, social account or page that suggests an official, exclusive or unauthorised association with QueryCatch.

12.1 (f)

No self-referral. You must not link, refer or earn Commission on your own purchases, or those of your immediate family or any business you own, work for or control, except as expressly permitted in writing, and never in a way that constitutes double-dipping.

12.1 (g)

Disclosure. You must clearly and conspicuously disclose your affiliate / commercial relationship with QueryCatch in every promotion (for example, "affiliate — commissions earned" or "#ad"), placed close to the recommendation.

12.2

You are responsible for your own marketing channels, content and costs, and for ensuring they comply with all applicable laws (including spam, privacy, consumer-protection, advertising and intellectual-property laws). Breach of this section is grounds for immediate suspension or termination and forfeiture of affected Commission.

13.Independent Contractor Relationship

13.1

You participate in the Program as an independent contractor. Nothing in this Agreement creates any relationship of employment, agency, partnership (in the legal sense), joint venture or fiduciary relationship between you and QueryCatch.

13.2

You are engaged to achieve a result — referrals generated through your own independent business, marketing channels and resources — and are not engaged wholly or principally for your personal labour.

13.3

You have no authority to bind QueryCatch, incur liabilities on its behalf, or make any representation, warranty or commitment for or on behalf of QueryCatch, and you must not hold yourself out as an employee or agent of QueryCatch.

13.4

You are solely responsible for your own taxes (including GST and income tax), superannuation, insurances and other statutory obligations arising from your activities under this Agreement.

14.Confidentiality

14.1

Each party must keep confidential, and not use except for the purposes of this Agreement, all confidential information of the other party (including Client information, Profile IDs, commercial terms, pricing and any non-public Program information), and must take reasonable steps to protect it.

14.2

This obligation does not apply to information that is or becomes public (other than through a breach of this Agreement), is independently developed without reference to the confidential information, or is required to be disclosed by law.

14.3

You must not disclose any Client Profile ID or Client information to any third party except as strictly necessary to perform your obligations under this Agreement and as permitted by law. These obligations survive termination of this Agreement.

15.Intellectual Property and Brand Licence

15.1

QueryCatch grants you a limited, non-exclusive, non-transferable, royalty-free and revocable licence to use the QueryCatch name, logo and trade marks (the "QueryCatch Marks") solely to promote QueryCatch under this Agreement and strictly in accordance with QueryCatch's brand guidelines as updated from time to time. All goodwill arising from such use enures to the benefit of QueryCatch.

15.2

You must not: (a) register or attempt to register any domain name, social media handle, trade mark or business name that is identical or confusingly similar to any QueryCatch Mark; (b) use the QueryCatch Marks in any way that implies endorsement, sponsorship, partnership or affiliation beyond the affiliate relationship described in this Agreement; or (c) use the QueryCatch Marks in any manner that is misleading, deceptive or disparaging.

15.3

The licence terminates automatically on termination of this Agreement or revocation by QueryCatch. On termination you must immediately cease all use of the QueryCatch Marks, remove all affiliate links, and cease all promotion of QueryCatch.

16.No Guarantee of Earnings and Disclaimers

16.1

QueryCatch does not represent, warrant or guarantee any particular level of Commission, earnings, leads, conversions, referrals or Linked Profiles, or that the Program will operate uninterrupted or error-free, or continue for any minimum period.

16.2

Except for any guarantee, right or remedy that cannot lawfully be excluded, the Program, the partner portal, all materials and any QueryCatch tools are provided "as is" and "as available", and QueryCatch disclaims all warranties, representations and conditions of any kind, whether express, implied or statutory, to the maximum extent permitted by law.

16.3

QueryCatch may modify, suspend or discontinue the Program, in whole or in part, at any time in accordance with the "Changes to These Terms and Commission Rates" section.

17.Limitation of Liability

17.1

Nothing in this Agreement excludes, restricts or modifies any guarantee, right or remedy conferred on a party by the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or any other law that cannot lawfully be excluded, restricted or modified ("Non-Excludable Rights").

17.2

To the extent QueryCatch supplies services to you under this Agreement (such as access to the partner portal), and where those services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, QueryCatch's liability for a failure to comply with a consumer guarantee is limited, at QueryCatch's option and where it is fair and reasonable to do so, to supplying the relevant services again or paying the cost of having them supplied again.

17.3

Subject to the Non-Excludable Rights, neither party is liable to the other for any indirect, incidental, special or consequential loss, or for any loss of profit, revenue, anticipated savings, goodwill, business opportunity or data, however arising, whether in contract, tort (including negligence) or otherwise.

17.4

Subject to the Non-Excludable Rights and to the maximum extent permitted by law, QueryCatch's total aggregate liability arising out of or in connection with this Agreement is limited to the total Commissions actually paid by QueryCatch to the Partner in the twelve (12) months immediately preceding the event giving rise to the liability.

18.Indemnity

18.1

You indemnify, and will defend and hold harmless, QueryCatch and its officers, employees and agents from and against all claims, liabilities, losses, costs and expenses (including reasonable legal costs) arising out of or in connection with:

18.1 (a)

your marketing, promotional or referral activities;

18.1 (b)

any breach of this Agreement by you;

18.1 (c)

your collection, use or disclosure of any personal information;

18.1 (d)

any breach by you of applicable laws (including spam, privacy, consumer-protection and advertising laws); or

18.1 (e)

any claim that your content or conduct infringes the rights of a third party.

18.2

This indemnity survives expiry or termination of this Agreement, and is reduced to the extent that QueryCatch's own negligence or breach caused the relevant loss.

19.Suspension and Termination

19.1

QueryCatch may suspend, deactivate or terminate your participation in the Program, in whole or in part, at any time and at its discretion.

19.2

If QueryCatch terminates your participation for convenience (that is, not for your breach, fraud, self-referral, double-dipping or other prohibited conduct), QueryCatch will, where practicable, give you reasonable prior notice and will pay you any Commission that has finally accrued on cleared Client funds up to the date of termination, subject to the usual clearance, approval, clawback and set-off rules in this Agreement.

19.3

If QueryCatch suspends or terminates for your breach, fraud, self-referral, double-dipping or other prohibited conduct, you forfeit all right to any pending, accrued and unpaid Commission affected by that conduct, and any Commission already paid in respect of the breach may be recovered or set off against amounts otherwise owing to you. QueryCatch may also suspend Payouts and participation while it investigates a suspected breach.

19.4

You may stop participating in the Program at any time by notifying QueryCatch and ceasing all promotional activity and use of the QueryCatch Marks. On doing so, Commission that has finally accrued on cleared funds up to that date remains payable, subject to this Agreement.

19.5

On termination, you must immediately cease all use of the QueryCatch Marks, links and materials, and remove all affiliate links. The provisions concerning Commission, clawback and set-off, GST and RCTI, anti-fraud and prohibited conduct, confidentiality, intellectual property, indemnity, limitation of liability, and governing law survive expiry or termination of this Agreement.

20.Privacy

20.1

Each party must comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles in connection with any personal information handled under this Agreement. QueryCatch's handling of your personal information is described in the QueryCatch Privacy Policy at https://www.querycatch.com/privacy.

20.2

You must only collect, use, disclose and store personal information of referred or prospective Clients as reasonably necessary to perform your obligations under this Agreement, must obtain all necessary consents, and must not disclose such personal information to any third party except as permitted by this Agreement and the Australian Privacy Principles.

20.3

You must notify QueryCatch promptly of any actual or suspected eligible data breach affecting QueryCatch or Client data handled by you.

21.Changes to These Terms and Commission Rates

21.1

QueryCatch may vary this Agreement, the Program rules and the Commission rates by giving you at least fourteen (14) days' written notice (including by email or by posting updated terms in the partner portal or at https://www.querycatch.com).

21.2

Continued participation in the Program after the effective date of a change constitutes acceptance of the varied terms. If you do not agree to a change, your sole remedy is to cease participating in the Program before the change takes effect.

21.3

Changes to Commission rates or calculation methods apply prospectively from their effective date and do not alter Commission already finally accrued, except where this Agreement otherwise permits reversal, clawback or set-off.

22.Governing Law and Disputes

22.1

This Agreement is governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from them.

22.2

Before commencing proceedings (other than for urgent injunctive relief), a party must give written notice of the dispute, and the parties must first attempt to resolve it by good-faith negotiation between senior representatives within fourteen (14) days and, failing resolution, by mediation administered by the Australian Disputes Centre.

23.General

23.1

Entire agreement. This Agreement constitutes the entire agreement between the parties about its subject matter and supersedes all prior representations, understandings and agreements relating to the Program.

23.2

Unfair contract terms. The parties intend each term of this Agreement to be fair and reasonably necessary to protect QueryCatch's legitimate interests. No term is intended to be an unfair term within the meaning of the Australian Consumer Law; any term that would otherwise be unfair is to be read down or severed under this section to the extent necessary.

23.3

Severability. If any provision of this Agreement is or becomes invalid, illegal or unenforceable, it is to be read down to the extent necessary or, if that is not possible, severed, without affecting the validity of the remaining provisions.

23.4

Assignment. You must not assign or novate this Agreement without QueryCatch's prior written consent. QueryCatch may assign or novate this Agreement to a related body corporate or in connection with a sale of its business on written notice.

23.5

Waiver. A failure or delay by a party to exercise a right under this Agreement does not operate as a waiver of that right, and no waiver is effective unless in writing.

23.6

Notices. Notices must be in writing and sent to the email or postal address most recently notified by the relevant party. A notice sent by email is taken to be received on the next business day after sending, provided no delivery-failure notification is received.

23.7

Force majeure. Neither party is liable for any delay or failure to perform its obligations (other than payment obligations already due) to the extent caused by an event beyond its reasonable control, including natural disasters, pandemics, government action, war, civil unrest, failure of telecommunications or third-party platforms, or major cyber incidents.

24.Contact

24.1

For questions about these Partner Terms or the Program, contact QueryCatch at intel@querycatch.com.

24.2

QueryCatch is a registered business name of Nishaan Vigneswaran Pty Ltd (ABN 92 645 267 250). QueryCatch — https://www.querycatch.com — Partner portal: partners.querycatch.com.

Partner Program Terms & Conditions | QueryCatch