Premier Aussie Specialist Program Terms and Conditions
Australia and New Zealand
By submitting an application to become a Premier Aussie Specialist Program Member, you acknowledge and agree to comply with the following terms and conditions:
1. Participation in the Premier Aussie Specialist Program is limited to individuals only, and is not open to any organization or entity of any kind, including a partnership.
2. TA reserves to the right to amend the number of Premier Aussie Specialist members appointed at any time in its sole discretion.
3. Your membership to the Premier Aussie Specialist Program is valid for 12 months from the date TA grants you membership to the Program. TA may decide, at its discretion, to renew your membership for a further period.
4. As at the date of this application and during the term of your Aussie Specialist Premier membership, you warrant that you (each a Qualifying Criteria):
You agree to provide TA with verification of the above Qualifying Criteria upon request by TA.
5. As part of the Premier Aussie Specialist, TA may provide members with benefits, such as famils and consumer referrals/ leads from TA’s marketing activities. Any benefits provided are for the sole and exclusive use of Premier members and shall not be forwarded or redistributed to any other person or entity for any purpose whatsoever. For the avoidance of doubt, if a Premier Aussie Specialist member is sponsored by any organization or entity, all leads referred to the Premier member shall be handled solely by the Premier member. The benefits and the quantity of leads / referrals provided by TA is not guaranteed nor is the driver of the Premier Aussie Specialist Program. Benefits may be subject to additional terms and conditions, and TA may require the program member to enter into a separate agreement in relation to certain benefits.
6. Consumer referrals from our website (www.australia.com) will be made on the condition and understanding that you will assist all such referrals in arranging travel to Australia within twenty four (24) hours of receiving the referral, and will not promote any other competing destinations to any referral. Notwithstanding clause 11 of this agreement, TA may immediately terminate this agreement upon written notice if you use any consumer referral for any purpose other than as specified in these terms and conditions.
7. TA will from time to time request that you provide certain local market insights, and other relevant information, which will be used by TA (and State and Territory tourism organisations) in developing tourism to and in Australia from your area. As a condition of your participation in the Premier Aussie Specialist Program, you agree to provide this information to TA upon request. TA will take all reasonable measures to maintain the confidentiality of this information however it may share such information with State and Territory tourism organisations.
8. Premier agents are responsible for keeping their account active at www.aussiespecialist.com and monitoring their profile on www.australia.com. These terms and conditions apply in addition to the terms and conditions of the Premier Aussie Specialist Program.
9. You acknowledge that if TA cancels your appointment as a Premier Aussie Specialist because you are in breach of any of these terms and conditions, then in accordance with Clause 10 of these terms and conditions, you will have no right of action, claim, proceeding or demand against TA for such cancellation.
10. You agree to release, defend, indemnify, and hold harmless TA (TA), its agents, employees, directors, officers and representatives, to the maximum extent permitted by law, from and against any loss, cost, damage, liability, or expense, including without limitation attorneys’ fees, suffered or incurred by you as a result of your membership of the Premier Aussie Specialist Program, the rejection of your application for membership, or the termination of your membership for any reason whatsoever.
11. Either party may terminate this agreement upon thirty (30) days written notice to the other party for any reason. Termination or cancellation of membership may occur with immediate effect only in exceptional cases as determined by TA.
12. You agree that this agreement is intended to create an independent contractor relationship between you and TA and that, under no circumstances shall you or anyone acting on your behalf, be construed to be acting as an agent, employee, or representative of TA.
13. You agree that under no circumstances shall TA be liable for any of your acts, omissions, debts, or other obligations, or those of your employees, agents or representatives in connection with dealings which you may have with, or services you may provide to, any consumers referred by TA. You further agree to defend, indemnify and hold harmless TA, its agents, employees, directors, officers and representatives, from and against any and all claims, demands, liability, loss, cost, expense, lawsuit, or legal action (including without limitation attorneys’ fees), arising directly or indirectly from, as a result of, or in connection with dealings or communications which you, your employees, agents, or representatives may have with any consumer referred by TA, or any action or failure to take action by you, your employees, agents, or representatives on behalf of any such consumer referral.
14. TA will use its best efforts to promote travel to Australia through advertising campaigns in various media. However, TA makes no representations, guarantees, or warranties whatsoever as to the number of consumer referrals, if any, you will receive pursuant to this agreement. Nor does TA make any representations, guarantees, or warranties as to the amount of sales revenue any given consumer referral will generate.
15. In consideration of your participation in the Premier Aussie Specialist Program, TA grants you a nonexclusive, revocable license to use the Premier Aussie Specialist Logo and brand elements in connection with promoting Australia for the duration of this agreement, and in the manner specified from time to time by TA in its reasonable discretion. This license shall be automatically and immediately revoked in the event of the expiration or termination of this agreement for any reason.
16. Any dispute, difference or disagreement (“dispute”) arising out of or concerning this agreement, or from your participation in or termination from the Premier Aussie Specialist Program, shall be governed by the laws of the New South Wales and you agree to submit any dispute arising under or concerning this Agreement to the courts of New South Wales, Australia.
17. This agreement shall constitute the entire agreement between you and TA regarding your participation in the Premier Aussie Specialist Program, and supersedes any prior discussions, negotiations, arrangements, and/or agreements between you and TA relating to the Premier Aussie Specialist Program.
(b) Storage of Your personal information on databases owned or authorized by TA;
(c) disclosure of Your personal information to TA's industry partners, State tourism offices, contractors or agents of TA who assist TA to operate the Premier Aussie Specialist Program after you have completed relevant Aussie Specialist Premier Program modules; and
(d) TA, TA's industry partners, and State tourism offices using Your personal information to send you offers and information for Aussie Specialists after you have completed relevant Premier Aussie Specialist Program modules.