The TrustUs service is operated by MAC Innovations NZ Limited (TrustUs, we, our, us). By referring potential customers to us, you agree to be bound by these Terms.

As a Trusted Referrer

you acknowledge and agree:

That if you are acting as a limited liability company you are authorised to execute this agreement and to be governed by the laws of New Zealand.

You undertake and acknowledge that your subsidiaries, affiliates, officers, directors, agents, and employees will be bound by these Terms, and that you will be liable for any act or omission of your subsidiaries, affiliates, officers, directors, agents, and employees in breach of these Terms or the TrustUs Code of Conduct as though it was your own act or omission.

Customer Referrals

To refer potential customers to TrustUs.co.nz using unique PROMO Codes (provided by TrustUs). Customers using your PROMO Code(s) will be recognized immediately on purchase as being referred by you and will receive a discount of $50 including GST.

Customer Definition

You agree that if:

(a) a potential customer has

1. not previously entered into an agreement with TrustUs;

2. not previously been referred or introduced to TrustUs by any other person; and

3. not previously been a customer (as defined below); and

(b) TrustUs enters into an agreement through the process of selling the Family Home Trust service to the potential customer. Then the potential customer shall be deemed a “Customer” for purposes of this Agreement on the first day of the following month.

Acting as a Finder Only

You agree to act as a finder only and shall have no authority to enter into any agreements, obligations or commitments on TrustUs’ behalf, or to negotiate the terms of potential customers’ agreements with TrustUs.

TrustUs Discretion

You agree that TrustUs has sole discretion, to enter into, or decline to enter into, an agreement with any potential customer. In the event TrustUs declines, for any reason, TrustUs shall have no obligation to you as a Trusted Referrer under this agreement or otherwise in relation to that potential customer.

Agreement Term

The initial term of this agreement shall be 90 days from accepting these Terms and shall be renewed there after automatically on a month-by-month basis.

Payment Cycle

TrustUs will pay you as the Trusted Referrer subscription holder a multiple of the agreed lump sum payment per new Customer that starts during the previous calendar month using your PROMO Code(s).

Referral Tracking

TrustUs will be in contact on or before the 5th working day of the month to provide details of the number of Customers referred using your PROMO Code(s) during the previous calendar month.

Invoice Payments

An invoice will be provided to TrustUs no later than the 14th day of the calendar month for payment, being the number of times your PROMO Code(s) were used multiplied by the referral rate agreed (including GST).

Payment Terms

Payments will be undertaken monthly, on or before the 20th day of the calendar month. If an invoice has not been presented on or before the 14th day of that month the payment will be defaulted to the 20th of the following month unless agreed otherwise with TrustUs.

Referral Dispute

In the event a referral of a Customer is disputed among one or more Trusted Referrers, TrustUs alone shall determine which party, based solely upon the PROMO Code used by any such Customer is entitled to a referral fee, if any.

Commitments and Charges

No commitments are to be made, or charges incurred in the name of TrustUs without prior written approval.

Referral Agreements

You agree that TrustUs may enter into referral agreements or similar arrangements with other parties and that you as a Trusted Referrer shall have no rights under such agreements or to any fees for Customers referred to TrustUs by others or identified by TrustUs itself.

Termination of Agreement

Either party is able to terminate this agreement at any time providing 30 days prior notice by email to the other party. Upon termination of this Agreement, a list shall be prepared of all pending unfinished business involving any potential customers introduced by you as a Trusted Referrer (This list shall be agreed to and signed by both parties to control any and all claims for referral fees after the termination date of this Agreement); provided this Agreement was not terminated from a breach of the TrustUs Code of Conduct.

Code of Conduct

These Terms and Conditions are to be read in conjunction with the TrustUs Code of Conduct which forms part of these Terms. TrustUs has the sole discretion to immediately cancel this agreement upon a breach of the Code of Conduct.

Defined Relationships

No employment, partnership, or joint venture relationship is created by this Agreement. Either you as a Trusted Referrer, nor anyone employed by or acting on your behalf shall ever be construed as an employee of TrustUs.

Liability

You agree that under no circumstances shall TrustUs be liable for any indirect, incidental, economic, special, punitive or consequential damages whatsoever or for the loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by, breach of contract, negligence or under any other cause of action, that result from this relationship or your role as a Trusted Referrer.

If we are found to have any liability under or in connection with these Terms or the TrustUs service, the maximum amount of our liability arising out of all claims under these Terms or relating to the TrustUs service or the Website will not in any circumstances exceed the fees paid by you for the TrustUs service.

Indemnity

You agree to indemnify, defend, and hold TrustUs and (as applicable) our subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claims, actions, lawsuits, damages, awards or judgments arising out of any such agreements, obligations, or commitments undertaken by you as a Trusted Referrer, your use of TrustUs' services, or your breach of these Terms, any applicable law or the rights of a third party.

 “Intellectual Property Rights” means all intellectual property rights including without limitation copyright, patents, trade marks, design rights and inventions, whether registrable or not, and whether registered or not, and also includes any other proprietary rights, trade secrets or rights of publicity, privacy or confidentiality.

All Intellectual Property Rights in the TrustUs service, materials, software and website are owned by TrustUs or our licensors. You may not in any form or by any means adapt, reproduce, store, perform, publish or create any derivative works from any part of this website or our software or commercialise or on-sell any information or software obtained from this website or from TrustUs.

You must not make any representations, directly or indirectly, to any customer or any third party that:

(a) you own any Intellectual Property Rights in the TrustUs service, materials, software and Website;

(b) you are part of TrustUs; or

(c) you provide the TrustUs service.

You agree to abide by these Terms and Conditions relating to use of our Website and any materials on our Website as TrustUs or our licensors may specify from time to time.

General

This Agreement supersedes and extinguishes all prior agreements, representations (whether oral or written), and understandings and constitutes the entire agreement between you and TrustUs relating to the Software and the other matters dealt with in this Agreement.

If either party waives any breach of this Agreement, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

Neither party will be liable for any delay or failure in performance of its obligations under this Agreement if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.

You may not assign or transfer any rights to any other person. 

This Agreement is governed by the laws of New Zealand and you hereby submit to the exclusive jurisdiction of the courts of New Zealand for all disputes arising out of or in connection with this Agreement, without reference to any conflicts of laws.

If any part or provision of this Agreement is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.