These are the general provisions for the EasyAsset Group Referrer Agreement
- Each party must promptly at its own cost do all the things (including executing and if necessary delivering all documents) necessary or desirable to give full effect to this Agreement.
- This Agreement:
- is the entire agreement and understanding between the parties on everything connected with the subject matter of this Agreement; and
- supersedes any prior agreement or understanding on anything connected with that subject matter.
- The Broker holds the rights under this Agreement expressed to be for the Aggregator as agent of and trustee for the members of the Aggregator and each member of the Aggregator must be treated to this extent as a party to this Agreement.
- The Broker may transfer all or any part of its rights, interests, obligations or liabilities under this Agreement by assignment or by novation without prior notice to the Referrer. If The Broker elects to do so, the Referrer must upon request by the Broker execute any deed, agreement or notice of assignment acknowledging and agreeing to such assignment by the Broker, or an agreement or deed of novation (in a form prepared by the Broker), substituting a third party in the Broker’s place under this Agreement.
- This Agreement is personal to the Referrer and the Referrer must not assign this Agreement or any part of its obligations under this Agreement or permit a Disposal to occur without the Broker’s prior written consent.
- An amendment or variation to this Agreement is not effective unless it is in writing and signed by the parties.
- A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.
- The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right.
- A waiver is not effective unless it is in writing.
- Waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which is given.
- Each party must pay its own costs and outlays connected with the negotiation, preparation and execution of this Agreement.
- The law of New South Wales governs this Agreement.
- The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
- This Agreement may be executed in any number of counterparts. Each counterpart is an original but the counterparts together are one and the same agreement. This Agreement is binding on the parties on the exchange of executed counterparts.
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Protective Clauses
a) Clawbacks: If EasyAsset is required to refund or return commission to a lender (including due to early repayment, cancellation, or default), the referral commission will also be adjusted or clawed back proportionately.
b) Valid Leads: Only referrals introduced directly by the Finance Partner and not already known to EasyAsset are eligible. EasyAsset reserves the right to determine referral validity at its discretion.
c) Payment Timing: Referral commissions are paid within 30 days of EasyAsset receiving cleared funds from lenders (not strictly settlement date).
d) Representation: Finance Partners must not represent themselves as EasyAsset or provide finance advice – all finance discussions remain with EasyAsset’s licensed brokers.
e) Amendments: EasyAsset may adjust commission structures or terms with 30 days’ notice.
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