Referral Program Terms and Conditions

Last updated 4 December 2023

1. These Terms and Conditions (“Referral Terms”) form a legally binding agreement between a Referrer (“You”, “Your” or an approved Referrer) and e-Pocket Pty Ltd ABN 63 622 368 478 trading as e-Pocket (“e-Pocket”, “We”, “Us, or “Our”) in relation to the e-Pocket Referral Program (the “Program”). 

2. Your continued participation in the Program is subject to the Referral Terms. By applying to participate in the Program, You expressly represent and warrant that You have accepted the Referral Terms, and any additional terms and conditions displayed on the Platform in relation to the Program as they apply from time to time. 

3. We may amend, modify, add to or delete any term in this Agreement at our discretion and those amendments, modifications, additions or deletions apply to Your use of the Program by providing You notice on our Website and at our Referral Page. Any changes take effect when they are published. All subsequent transactions by You will be subject to the amended and most current Referral Terms.

4. For the purposes of the Referral Terms: “Account” means an account opened to use the services provided by e-Pocket’s Platform;
“Account Holder” means the holder of a e-Pocket Account;
“Referral Website" means https://e-Pocket.exchange/Referral-referral-program;
“Referral” or “Referrals” means the Account Holders referred by You who enters the Website via a link You provide to them and then successfully opens and uses a e-Pocket Account using a tracking tag designated to You.
“Secondary Referral(s)’ means the Account Holders referred by previous successful Referrals made by You. 
“Associate” means a director, contractor, partner, agent, shareholder, or employee of a person or other entity.
“Data Feed” means anything published on the Website which relates specifically to e-Pocket’s digital currency market or descriptions of those rates which are made available to You in accordance with the Referral Terms;
“Platform” means the website, mobile applications, services, content and any other services provided, owned and operated by e-Pocket.
“Relative” means any relative of a person including but not limited to their spouse, partner, parent, child or sibling.
“Website” means the e-Pocket website available at www.e-pocket.com

5. To enrol You must sign up on the Referral Website and e-Pocket will evaluate Your enrolment and may reject it if it is determined, in e-Pockets discretion, that You are unsuitable for the Program. If e-Pocket rejects Your enrolment, You may not re-apply to the Program at any time. Once you request a Referral Code, you will receive an email with Your unique promo code within two business days

6. e-Pocket will pay You AUD $10.00, upon your Your Referral creating and verifying their e-Pocket account. Verification involves undergoing the identification verification procedure and obtaining approval. To be eligible to earn AUD $10.00, Your Referral must have been directly referred by You and used Your Referral code when creating an e-Pocket account.

7. e-Pocket will pay You an additional AUD $10.00, upon Your Referrals first-time deposit and remittance/trade of AUD $100.00 or over.

 8. e-Pocket will not link a Referral where a e-Pocket Customer has created an account without using Your Referral code. The Referral code must be used at all times for the new e-Pocket Customer to become Your Referral. e-Pocket will not add a Referral to Your e-Pocket account after the new e-Pocket Customer has created a new Account.

 9. To be eligible, each person You refer as a Referral must be a new e-Pocket Customer, must sign up and create a valid verified Account.

10.Within 30 days of the end of each calendar month e-Pocket will pay You the commissions earned in respect of Your Referrals in the previous month and payment will be made in arrears according to the applicable Referral program. 

11. Commission payments will be made to the e-Pocket wallet in Your verified e-Pocket account. You agree to provide e-Pocket with current, accurate and complete information, and update that information where it is no longer accurate or complete.

 12. You must not open more than one e-Pocket Account without the prior written consent of e-Pocket. If You open more than one Account without e-Pocket’s permission or try to earn commission on transactions for Your own or a Relative’s or Associate’s Account, e-Pocket has the right to suspend or cancel all current, pending or future transactions and may suspend or terminate the Accounts.

 13. You are not entitled to earn commissions through the Program for transactions performed by:

a.     An Account Holder that was an existing Account Holder at the date You enrolled for the Program;

b.     A Referral that transacts on any Account You open under Your own name or under an alias or assumed name;

c.     A Referral that transacts on any Account opened by one or more of Your Relatives or Associates or in the name of one or more of Your relatives or family members.

d.     A Account Holder for whom You are already a Referral.

 14. Either e-Pocket or You may terminate Your participation in the Program at any time, without cause, by giving the other 48 hours’ notice. e-Pocket also has the right to suspend or terminate Your Account under the Referral Terms immediately by notice in writing if:

a.     You or Your Relative or Associate breach the Referral Terms or e-Pocket reasonably suspects that You have breached the Referral Terms;

b.     You request existing customers to add Your Referral key;

c.     e-Pocket, in its discretion, considers for any reason You or Your behaviour in referring Referrals to the Program is inappropriate or unsuitable.

15. You will not be entitled to unpaid commission earned from the Program on or after the date of termination or suspension of Your Account or the termination of Your participation in the Program. e-Pocket may withhold payment of commissions for the period prior to termination for a reasonable time to ensure that the correct amount is paid to You.

16. If e-Pocket continues to permit activity (generation of commission from Referral’s) for a period after termination of Your participation, this does not constitute a continuation or renewal of the arrangements under the Program or a waiver of termination by e-Pocket.

17. You must fund or pay for the cost of any marketing and promotional activities to generate referrals of Referrals from Your own resources. You must not create, publish, distribute, or permit any written material that makes reference to e-Pocket without first submitting such material to e-Pocket and receiving prior written consent, which will not be unreasonably withheld. You must cooperate fully with e-Pocket in utilising and maintaining links and other promotional tools as supplied by e-Pocket. 

 18. If You elect to use social media or other forms of public networks to refer Referrals or engage in marketing and promotional activities for the Program:

a.     You agree to only engage in advertising, marketing and promotional activities which do not violate any law;

b.     You must not promote the Program or the Platform on websites that contain illegal or inappropriate images or content;

c.     You must not direct Your activities to individuals who are under 18 years of age;

d.     You must not defame the personal or business and reputation of any person;

e.     You must not send unsolicited emails or create unauthorised newsgroup postings, chat rooms or use "bots";

f.      You must not promote e-Pocket on search engines, social media, or forums unless You clearly identify the content as an advertisement, post or marketing communication. For example, Tweets on Twitter which relate to e-Pocket should contain hashtags such as “#ad” or “#spon” at the end of the Tweet;

g.     You will have no authority to make any statements or representations on behalf of e-Pocket and You must not hold Yourself out as a representative of e-Pocket, nor represent or imply that a communication or advertisement is published or authorised by e-Pocket; 

h.     You agree to abide to all No Spam regulations and employ best practices in all marketing email communications; and

i.      You agree to engage in any activity which comply with the guidelines supplied from time to time by e-Pocket.

 19. You will not say or do anything or engage in conduct which will directly or indirectly disparage or otherwise bring into disrepute e-Pocket, e-Pocket’s Platform or the Program in any way (including but not limited to any negative statement about the reputation, goodwill or standing of e-Pocket) or would be likely to result in such conduct.

 20. Any traffic that You generate illegally through spamming, spamvertising and the like will be in breach of the Referral Terms and Your Account may be suspended or terminated. You understand that e-Pocket may potentially incur penalties and legal expenses as a result of unauthorised third-party email communications from You and in such event, You will be held financially liable for, and must either indemnify e-Pocket for those penalties or expenses or they will be deducted from Your Account.

 21. If a Referral registered through the Program is being investigated in relation to their conduct on the Platform, e-Pocket will withhold commissions generated from that Referral until the investigation is completed. 

 22. If a Referral is banned from having an Account with e-Pocket for breach of these Referral Terms, e-Pocket’s Terms and Conditions or for any other reason determined by e-Pocket, e-Pocket will not pay You for the commission generated from a banned Referral. 

 23. If e-Pocket has paid You in respect of a banned Referral, e-Pocket may deduct or set-off the amount of payment against Your current or future commission payments and, if requested by e-Pocket, You must repay any shortfall owed to e-Pocket within 15 days of receiving notice from Us in writing.

 24. You expressly understand, warrant and agree that to the fullest extent permitted by law, e-Pocket and its Associates are not liable to You for:

a.     Any fines, penalties, taxes and any exemplary, aggravated or punitive damages, liquidated damages or any indirect or consequential loss (including but not limited to loss of business, loss of revenue, loss of contract, loss of production, lost opportunity costs), legal costs and expenses which may be incurred by You, however caused, other than where such damages are caused by any act of fraud or misconduct from e-Pocket;

b.     Any loss or damage which may be incurred by You, including but not limited to loss or damage as a result of:

i.     any changes which e-Pocket may make to the Program, or for any permanent or temporary suspension of the Program (or any features within the Program);

  ii.     the deletion of, corruption of, or failure to store, any content or other communications data maintained or transmitted by or through Your use of the Program;

 iii.     Your failure to provide e-Pocket with accurate, complete or current Account or personal information including bank account information; or

 iv.     Your failure to keep Your password or Account details secure and confidential; or

  v.     Your failure to properly use the links and other promotional tools as supplied by e-Pocket.

 25. The Referral Terms constitute the entire agreement between You and e-Pocket in relation with, or connection to, the Program and supersedes all previous agreements or understandings between the parties in connection with the Program.

 26. You agree that if e-Pocket does not exercise or enforce any legal right or remedy which is contained in the Referral Terms (or which e-Pocket has the benefit of under any applicable law), this will not be taken to be a formal waiver of e-Pocket’s rights and that those rights or remedies will still be available to e-Pocket.

 27. The Referral Terms will be binding on, operate to the benefit of, and enforceable against You and e-Pocket and their respective successors and assigns. 

 28. Any term or part of a term of the Referral Terms that is held to be invalid or unenforceable may be severed from the Referral Terms and the remaining terms or parts continue in force.

 29. The Referral Terms are governed by the laws of the State of Victoria and in the event that a legal dispute or claim is brought with respect to this Program, the Courts of Victoria will have non-exclusive jurisdiction.