MELODIE AMBASSADOR PROGRAM – TERMS AND CONDITIONS
Thanks for considering the Melodie Ambassador Program. We would love to have you on-board, but before joining the program, please read through the terms and conditions below. If you have any questions, you can contact us at: ambassadors@melod.ie.
These terms and conditions (Terms) are entered into between Melodie Music Pty Ltd (ACN 608 788 110) (we, us or our) and the individual or entity agreeing to these Terms (you or your), together the Parties and each a Party. These Terms explain how the ambassador program (Program) works and the terms of our relationship with you, including how you may promote our Platform, which is available at: https://melod.ie/ (Platform).
These Terms will commence on the date you submit your application to participate in the Program, and continue until terminated in accordance with the termination clause (Term).
BEING AN AMBASSADOR
By submitting your application to us, you warrant to us that you are an individual, you are over 18 years of age, and you have read and you agree to these Terms.
On receiving your application, we will notify you of the acceptance or rejection of your application. You will become an ambassador for the Program from the date we notify you of the acceptance of your application (Ambassador).
During the Term, you agree to source and refer customers to us and we agree to pay you a commission for those referrals, in accordance with these Terms.
You agree that nothing in these Terms creates an exclusive relationship between you and us, and we may, at any time, enter into arrangements with any other individual or entity, or any other business activities, in relation to the subject matter if these Terms.
HOW TO RECEIVE A COMMISSION
Where you would like to refer a customer to us, you must use our approved referral method (as set out below).
Approved referral method
Referral link: You may share your referral link with potential customers and where that potential customer registers on the Platform, via your referral link, or a device tracking your referral link, this link will communicate to us a referral has been made by you. We may use cookies to track the referral links. You acknowledge and agree, that the relevant cookies may not be present, and the referral may not be registered, due to events or circumstances beyond our reasonable control, such as the potential customer using another device, clearing their cookies, or using a private browsing mode. We do not accept any liability for failure to track referral links.
After we receive a referral
Where we receive a referral from you, we will then assess whether that customer is a referral which is eligible for commission. To be eligible, a referral must be referred via an approved referral method, must not have a contractual relationship with us or be in negotiations with us, or have been introduced or sourced by us independently of these Terms. If these conditions are met, we will accept your referral as an eligible referral (Eligible Referral).
With the exclusion of Enterprise tier purchases and Lifetime Deal purchases (where a customer pays once for a lifetime membership), you will be entitled to receive a commission of 20% of the net subscription fees (excluding GST and any other applicable fees or taxes) actually received by us from your Eligible Referral, for that customer's first purchase (Commission).
PAYMENT OF YOUR COMMISSION
Eligible Referrals will be recorded in your account via Awin (Awin). You may log into and access your account via Awin at any time.
Awin uses a 50-day auto-validation period, allowing time to process any refunds or cancellations. Once transactions are validated, payments are processed on the 1st and 15th of each month, in accordance with Awin’s terms and conditions, and any lock-out dates. Payments on the 1st of the month cover commissions approved up to the 15th of the previous month, while payments on the 15th of the month cover commissions approved up to the end of the previous month. If the 1st or 15th of the month falls on a U.S. Holiday or a weekend, then payments are sent the following business day.
We reserve the right to change the subscription fees we charge at any time, and without any obligation to notify you, and we will not be liable for any difference between your expected Commission and your actual Commission.
You agree that we may set-off or deduct from any monies payable to you under these Terms, any amounts which are payable by you to us (whether under these Terms or otherwise).
Refunds to your Eligible Referral
You agree that if we refund the whole or any part of the subscription fee paid by your Eligible Referral, for any reason, a proportionate amount will be deducted from the Commission payable to you, or future Commissions payable to you in the future.
PROMOTING OUR PLATFORM
Intellectual property
You agree we own all of our pre-existing intellectual property and nothing in these Terms transfers our rights in our intellectual property to you. Any intellectual property created under these Terms by you, or by us, will automatically vest in us on creation, and you agree to do anything necessary or desirable to assure our title to such rights.
We agree to grant you a non-exclusive, limited and revocable licence for the Term, to use our logo, business name and domain name as required to promote the Platform, and in accordance with the rules below.
Rules when promoting our Platform
When promoting our Platform, you warrant and agree to the following:
a) you may use our logo and our company name in your promotion, but it must be clear that other than making referrals to us, you are independent of the Platform and do not represent us in any way;
b) you may post on social media about the Platform, but you must not post on any social media pages owned by us and you must not post in a manner likely to mislead or deceive, including by using any of our intellectual property in your name or username;
c) you must not promote our Platform via coupon or voucher websites unless expressly granted permission to do so in writing;
d) you must not mention coupons or vouchers when promoting the Platform unless expressly granted permission to do so in writing;
e) you must ensure that anywhere you promote the Platform, it is clear the promotion is paid advertising;
f) you must not use the words ‘melodie’ or ‘melody’, or any other potentially misleading or deceptive URL in any domain name used to promote the Platform unless expressly granted permission to do so in writing;
g) you must not intercept, divert or redirect internet traffic to or from any other website to yourself;
h) you must not negotiate the subscription fees, as this is strictly between us and the customer;
i) you must not by any means, including by making fake or fraudulent registrations with us, using browser plug-ins, extensions or add-ons, divert any commission away from another Ambassador or accrue a Commission for a referral which is not a true Eligible Referral;
j) you must not disparage or otherwise make any unfavourable statements or comments regarding us, our personnel, or the Platform, either directly or by implication, online, verbally or in writing;
k) except as required by law or as expressly set out in these Terms, you will not give or make any undertakings, guarantees or warranties to any person with respect to us and the Platform;
l) you must act with due care and skill, in a proper and professional manner, and not engage in any unfair, deceptive, misleading, unlawful or unethical business practice;
m) you must not do anything that may adversely affect our goodwill, brand or reputation (or that of our Platform), including damage to our brand, or to bring us into disrepute;
n) you must not send mass, unsolicited direct marketing communications;
o) you must identify yourself as the sender of any communications you send and include an unsubscribe functionality; and
p) you must always promote the Platform in accordance with all applicable laws, including, Schedule 2 of the Competition and Consumer Act 2010, the Privacy Act 1988 (Cth), the Spam Act 2003 (Cth), and the Do Not Call Register Act 2006 (Cth).
CONFLICT OF INTEREST
You warrant to us that you are not aware of any actual or potential conflict of interest between these Terms and any other work you are undertaking.
You agree that you:
a) have an obligation to avoid any conflict of interest and if you become aware of a conflict of interest you will inform us in writing and take reasonable steps to resolve the conflict;
b) will not refer the Platform to immediate family members, or to any business where you are currently employed, unless you have consent from your employer or you have full power and authority to do so; and
c) will not use items of personal inducement as a tool to promote the Platform. This is not intended to prohibit sharing entertaining content or the making of occasional gifts of minor value, unless you are otherwise restricted from doing so.
CONFIDENTIALITY & PRIVACY
Confidentiality:
You agree to keep confidential, and not use or permit any unauthorised use of, any information shared with you under these Terms (including any information about the existence of the Program or the details of the Program) which is not publicly available information. An exception applies where, the disclosure is required by law or the disclosure is made to a professional adviser in order to obtain advice in relation to matters arising in connection with these Terms and provided that you ensure the adviser complies with this confidentiality requirement.
Privacy collection notice:
Where you provide us with personal information about an individual, you agree to ensure that individual is fully aware and informed that we will collect, or have collected, their personal information and the circumstances of that collection. You agree to provide the relevant individuals our privacy collection notice or to direct those individuals to the privacy collection notice on our Platform.
To the maximum extent permitted by law, you indemnify, and continue to indemnify, us against all liability we suffer or incur arising from or as a consequence of a breach by you of this confidentiality and privacy clause.
This clause will survive the termination of these Terms.
LIABILITY
Despite anything to the contrary, to the maximum extent permitted by law, we make no guarantees or warranties in respect of the Platform, including that the Platform will result in any particular benefit to you.
Despite anything to the contrary, to the maximum extent permitted by law, you are liable for, and agree to indemnify us and hold us harmless in respect of, any liability (expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or proceeding (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise)), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise) that we may suffer, incur or otherwise become liable for, arising from or in connection with:
(a) any breach by you of these Terms; and
(b) any third party claim against us, as a result of your performance under these Terms,
but this indemnity will be reduced proportionately to the extent the liability was caused or contributed to by the wrongful acts or omissions of us.
Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability under or in connection with these Terms for any:
(a) real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise;
(b) event or circumstance beyond our reasonable control; and
(c) any failure for a referral link to be registered.
This clause will survive the termination or expiry of these Terms.
TERMINATION
Either Party may terminate these Terms at any time by giving notice in writing (including via email) to the other Party. This includes where we notify you of the rejection of your application.
We may terminate these Terms by giving you notice in writing (including via email), where you breach a material term of these Terms.
On and from the expiry or termination of these Terms, you agree to:
(a) immediately stop promoting the Platform;
(b) immediately stop representing that you are authorised to promote, market or otherwise advertise the Platform;
(c) immediately stop using our intellectual property and confidential information; and
(d) not disparage or otherwise make any unfavourable statements or comments regarding us, our personnel or our Platform, either directly or by implication, verbally or in writing.
Upon termination of these Terms, all Commissions will cease accruing. Unless we terminate for your breach, we agree to pay to you any Commission due and payable to you on the date of termination, on the next Commission Payment Date.
Termination of these Terms will not affect any rights or liabilities which a Party has accrued under it.
GENERAL
Amendment:
We may amend these Terms providing notice to you in writing, via email, or a notification on the Awin portal. If any amendments we make to these Terms materially affect you, you may terminate these Terms in accordance with your termination rights under these Terms.
Disputes:
A Party may not commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
Governing law:
These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
Notices:
Any notice given under these Terms must be in writing addressed to the relevant address last notified by the recipient to the Parties. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
Relationship of Parties:
These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.
Severance:
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Melodie Music Pty Ltd (ACN 608 788 110)
Email: ambassadors@melod.ie
Last update: 14th August 2025
