Titan Cleaning — Sales Ambassador Referral Terms & Policies

By ticking “I have read and agree to the Terms & Policies” on the application form, you agree to these Terms with Titan Cleaning Co. under the Electronic Transactions (Qld) Act 2001.

1. Definitions

  • Ambassador means the applicant accepted by Titan under these Terms.

  • Prospect means a person or business the Ambassador submits to Titan for contact.

  • Qualified Referral means a Prospect that (a) was not in Titan’s CRM in the prior 180 days, (b) is submitted via Titan’s nominated link/form, (c) is contactable and within the service area.

  • First Job means the first paid job Titan performs for the referred customer.

  • Follow-up Job means any paid job for that same customer within 3 months after the First Job.

  • Net Revenue means the amount Titan actually receives ex-GST, less discounts, refunds, charge-backs, and credits.

  • Service Area means Hervey Bay, QLD and a 60 km radius (unless otherwise agreed in writing).

Interpretation: “Including” means “including without limitation”; singular includes plural; headings are for convenience only.

2. Scope & Authority

  • Role: Independent Sales Ambassador. Your sole function is to refer Prospects to Titan.

  • No authority: You must not quote prices, accept orders, negotiate terms, schedule work, take payments, attend site, or otherwise bind Titan. Any contrary representation is void.

  • Non-exclusivity: Titan may appoint other ambassadors/agents and market directly.

3. Commission Plan

  1. First Job: 15% of Net Revenue. Payable after Titan is paid.

  2. Follow-ups (same customer): 5% of Net Revenue for Follow-up Jobs completed within 3 months after the First Job.

  3. No branching: No commission on customers referred by your customer (referrals-of-referrals are excluded).

  4. Referral validity: The First Job must occur within 90 days of Titan’s acceptance of your Qualified Referral; otherwise no commission.

  5. Attribution priority: If multiple submissions occur, commission is attributed to the first complete Qualified Referral received in Titan’s system (timestamp). Titan’s determination is final absent manifest error.

  6. Plan changes: Titan may amend the Commission Plan by updating these Terms (see Clause 11). Continued referrals = acceptance.

(For clarity: commissions are calculated on Net Revenue ex-GST. No commission is payable after the 3-month window.)

4. Payment, Invoicing & Records

  • Payouts: Monthly, within [X] days of month-end, for jobs where Titan has received customer payment.

  • Invoice: Email a tax invoice by the [5th] of each month (include ABN; if GST-registered, charge GST).

  • No-ABN withholding: If you do not provide an ABN, Titan may withhold at the ATO no-ABN rate.

  • Claw-back & set-off: Commissions are reversed (or set off against future commissions) for cancellations, refunds or charge-backs.

  • Records finality: Titan’s CRM/finance records are conclusive absent manifest error. Any commission query must be raised within 30 days of payout.

5. Referral Conduct & Privacy

  • Use only Titan-approved scripts, links/forms and collateral.

  • Obtain express consent from Prospects to share their details with Titan.

  • Submit a monthly referral report (name, contact, date).

  • No spam / no misrepresentations / no inducements (kickbacks, undisclosed gifts).

  • No cash handling or payment details collection on Titan’s behalf.

6. Brand Use & Promotions

  • Limited, revocable licence to use Titan’s name/logo as supplied. No edits to brand assets without written approval.

  • No paid ads, discounts, coupons, bundles, or promises in Titan’s name without prior written approval.

  • Any social media content naming Titan requires pre-approval and must be removed within 24 hours on request.

7. Legal Compliance (Australia)

  • Privacy Act 1988 (APPs): collect minimum necessary data; store securely; delete on request.

  • Spam Act 2003: consent-based outreach, clear identification, and unsubscribe.

  • Australian Consumer Law: no misleading or deceptive conduct; make only accurate, approved claims.

8. Confidentiality, Restraint & Non-Solicitation

  • Confidentiality: You must keep Titan’s client lists, pricing, SOPs, strategies, and non-public information confidential during the term and for 12 months after termination.

  • Cascading restraint: You must not promote or perform competing exterior cleaning services within Hervey Bay for 12 / 9 / 6 months after termination (the longest enforceable period applies).

  • Non-solicit: For 12 months post-termination, do not solicit Titan’s clients/leads or induce Titan staff/contractors to leave for competing work.

  • Reasonableness: If a court finds a restraint excessive, it must be read down to the maximum enforceable extent.

9. Contractor Status, Insurance & Indemnity

  • Independent contractor: No employment, partnership, franchise, or agency is created. You are responsible for tax, super, and expenses.

  • Insurance:

    • If you operate online-only and never attend site, PLI is not required.

    • If you ever attend site (even once), you must hold $10m Public Liability Insurance and provide a current certificate on request.

  • Indemnity: You indemnify Titan for loss, liability, costs or claims arising from your breach of these Terms or unlawful conduct (e.g., misrepresentation, spam, privacy breach).

10. Term, Termination & Immediate Suspension

  • Term: Begins on acceptance and continues until terminated.

  • Termination without cause: Either party may terminate on [7] days’ email notice. Commissions earned to the effective date remain payable; none accrue after.

  • Immediate suspension/termination for cause: Material breach, brand misuse, misleading conduct, unlawful activity, or repeated policy violations.

11. Updates to Terms

  • Titan may amend these Terms at any time by publishing an updated version on its designated policy page/portal or by another reasonable method.

  • The Ambassador is responsible for reviewing the current Terms periodically. Continuing to make referrals after an amendment constitutes acceptance, whether or not separate notice is provided.

12. Disputes, Governing Law & Notices

  • Disputes: Good-faith negotiation → mediation in Hervey Bay → proceedings in Queensland courts if unresolved.

  • Governing law: Queensland, Australia.

  • Notices: Email to the addresses supplied by each party is sufficient.

13. General

  • IP & materials: All Titan-provided materials remain Titan’s IP; any Ambassador-created materials using Titan brand require prior approval and are assigned/licensed to Titan as requested.

  • Severability: Invalid terms are read down; the rest remains effective (restraints cascade per Clause 8).

  • Entire agreement: These Terms supersede prior discussions. Any variation must be in writing or accepted via tick-box in Titan’s system.

  • Survival: Clauses 4 (to the extent unpaid/adjustments), 5–9, 11–13 survive termination.