Home Legal Referral Program Agreement

OFX Referral Partner Agreement

Version 1.0

Effective: 12 May 2026

BACKGROUND

  1. OFX provides spend management and money transfer services that allow users to exchange one currency for another to make international payments (“Services”).
  2. OFX and the Referral Partner (collectively, the “Parties”) desire to enter into a relationship under which the Referral Partner will refer Clients to OFX pursuant to these Terms.

IT IS AGREED

1. Overview of Referral Program

1.1 Registration

You must submit a complete and accurate application detailing, amongst other things, your entity, your business activity, the types of products or services you offer, the domain names and/or mobile apps on which you intend to display or otherwise use the Referral Link and your contact and bank details (“Application”). After receiving your Application, OFX will evaluate the Application and notify you of whether it has been accepted or rejected. OFX reserves the right to reject any Application for any reason, however please contact us if you have any questions regarding the process.

1.2 Referral Link

If your Application is approved, OFX will provide you with a unique Referral Link which OFX will use to identify the Clients that you have referred to the OFX Website.  

1.3 Referral Partner Website

You will, at your own expense, maintain the Referral Partner Website and Referral Link to ensure Clients are correctly directed to the OFX Website.

1.4 Qualifying Transactions

In order for you to earn a Referral Fee, the transaction must be a Qualifying Transaction. Transactions that are cancelled or refunded will not qualify for a Referral Fee. OFX reserves the right to cancel or refund the Transaction at any time.

1.5 Referral Determination

Only one Referral Partner may obtain a Referral Fee for each Client. Website cookies shall be used to identify Clients referred to OFX from the Referral Partner Website. Website cookies are valid for 30 days from the last visit via a Referral Partner Website. The Referral Fee will be paid based on the most recent cookie prior to the Qualifying Transaction.

1.6 Marketing Approval

Subject to clause 4 below, OFX may at its discretion provide you with Materials or further information for inclusion on the Referral Partner Website. You shall not display on the Referral Partner Website any advertising material or information of any kind referring to OFX or the Services without the prior written approval of OFX, which approval may be granted entirely at OFX’s discretion.

1.7 No Exclusivity

The arrangement between the Parties is not exclusive and OFX may appoint other organisations who will perform similar referral services for OFX.

2. Payments to Referral Partner

2.1 Entitlement to Referral Fee

Subject to the terms of this Agreement, OFX will pay to you a Referral Fee for each Qualifying Transaction conducted by a Client calculated in accordance with clause 2.2.  

2.2 Referral Fee Calculation

The Referral Fee is calculated at a certain percentage of Gross Revenue generated from each Qualifying Transaction. OFX will list the percentage on the cover page of this Agreement.

2.3 Payment of Referral Fees

Referral Fees are payable within 20 Business Days from the last day of the following month once the Base Threshold is accrued in any given month. The “Base Threshold” means the amount of Referral Fees owed to the Referral Partner has reached the sum of AUD $500 (“Base Threshold”). If the Referral Fees in any calendar month are less than the Base Threshold, the amount will be rolled over month-to-month until the Base Threshold is achieved. If this Agreement is terminated, for any reason, OFX will pay to you any Referral Fees (if applicable) owed at termination no later than 20 Business Days after the last day of the month following the effective date of termination.

2.4 Referral Fee Period

Subject to clause 8.2 below, a Referral Fee is payable for a period of 24 months only from the date of the first Qualifying Transaction by the relevant Client, after which period no further Referral Fees shall be payable in respect of that Client.

2.5 GST Inclusive

All payments made to you in accordance with this Agreement are inclusive of GST and any other taxes, levies, costs, charges or fees.

2.6 Recipient Created Tax Invoice

The Parties agree that:

  1. OFX will issue tax invoices (“Recipient Created Tax Invoices”) in respect of supplies made by the Referral Partner to OFX under these Terms;
  2. the Referral Partner will not issue tax invoices in respect of those supplies;
  3. the Referral Partner acknowledges that it is registered for GST and that it will notify OFX if it ceases to be registered;
  4. OFX acknowledges that it is registered for GST and that it will notify the Referral Partner if it ceases to be registered for GST or if it ceases to satisfy any of the requirements necessary for it to be entitled to issue Recipient Created Tax Invoices in respect of supplies made by the Referral Partner under these Terms;
  5. OFX must not issue a document that would otherwise by a Recipient Created Tax Invoice on or after the date when OFX or the Referral Partner has failed to comply with any applicable requirements of the Commissioner of Taxation in respect of Recipient Created Tax Invoices;
  6. OFX indemnifies the Referral Partner for any liability for GST and penalty that may arise from an understatement by OFX on a tax invoice it issues, of the GST payable on any of the specified supplies received;
  7. the Partner indemnifies OFX for any liability for GST and penalty that may arise from any breach or non-compliance with sub-clauses (b) or (c) above, or any act or omission that causes (directly or indirectly) OFX to be in breach of its requirements under the Goods and Services Tax Act; and
  8.  OFX agrees that it will provide a Recipient Created Tax Invoice at the same time as payments are made to the Referral Partner under this clause 2.

2.7 Reports

OFX will issue a report to you detailing any Referral Fees payable by OFX under this Agreement.

2.8 Dormant Accounts

If you have not been credited with a Qualifying Transaction during any 6-month consecutive period, OFX may provide you with written notice and if there are no new referrals of Clients from the Referral Link during the 20 Business Day notice period, OFX may terminate this Agreement.

3. Partner Obligations

3.1 Comply with Laws

You will comply with, and will ensure that your directors, officers, employees, subcontractors and agents comply with, all relevant laws in all relevant jurisdictions in relation to recommending or offering the Services. For the avoidance of doubt, this includes, but is not limited to, any data protection legislation applicable in jurisdictions in which you operate.

3.2 Operative Referral Link

It is your responsibility to ensure the proper and continuing operation of the Referral Link. You must notify OFX if the Referral Link ceases to function properly. OFX shall not be responsible for any potential liability or Referral Fees (if applicable) should the Referral Link cease to operate or fail to function properly.

3.3 No Representations

You must not make any representations, promises, warranties or other statements about OFX, its Group Companies, or the OFX Website, products, Services, or policies other than those expressly approved in writing by OFX. You must not offer or give any impression to users of the Referral Partner Website that the Referral Partner is itself performing the Service or any similar services. The Referral Partner Website must not in any way copy, resemble, or mirror the look and feel of the OFX Website or give the impression that the Referral Partner Website is the OFX Website or any part of the OFX Website, including framing the OFX Website in any manner.

3.4 Notify OFX

You must notify OFX in writing as soon as practicable if any information provided in your Application is no longer correct, including if your business activities change or there is a change to the products or services you offer.  

4. Marketing

4.1 Placement of Links

The Referral Link must be placed in such a way that it is prominent for the visitor.

4.2 Promotional Activities

You must not create, publish, or distribute any advertising, marketing materials or other public communication without first obtaining our express written consent. In promoting OFX, you agree that you will not make any representations, promises, warranties or other statements about OFX or the OFX Website, products, Services or policies other than those approved in writing by OFX.

4.3 Email Marketing

If you intend to promote OFX or the Services through the use of email campaigns, you must:

  • comply with all applicable laws including any Spam legislation in the jurisdiction in which you operate.
  • must identify the Referral Partner as the sender of any email initiated by you and may not imply or suggest that the email is sponsored by OFX or otherwise being sent on behalf of OFX;
  • include an opt-out or unsubscribe mechanism in each email communication; and
  • submit all emails for OFX’s written approval before being sent. 

4.4 Social Media

You may promote OFX on social media platforms, including Twitter, Meta and Instagram (“Social Media Platforms”) only in accordance with the following guidelines:

  1. You may use or display the Referral Link, or otherwise promote OFX, on your own pages or profiles, provided that you do not violate any terms of service of the Social Media Platform in connection with your marketing activities.
  2. You may not post the Referral Link on OFX’s company pages or profiles in an attempt to generate Qualifying Transactions.
  3. You may not run any paid advertisements on Meta or any other Social Media Platform that utilise OFX trademarks, logos or branding.
  4. You may not create a social media account in the name of OFX that includes OFX’s trademark, page name, branding and/or user name.

4.5 Group Company Network

Subject to this Agreement, you may promote OFX through your Group Company network. You acknowledge and agree that you will be responsible for ensuring that all Group Companies promote OFX and adhere to this Agreement. You further acknowledge and agree that you will be solely liable for any breach of this Agreement by a Group Company. For the avoidance of doubt, only you will be entitled to any Referral Fees (if applicable) generated through your Group Company network.

5. Prohibited Activities

5.1 Paid Search Advertising
You must not bid on, register or purchase any keywords, search terms, AdWords, Pay-per-Click words, domain names or other identifiers that include any Protected Keywords or any misspellings or variations thereof for use in any search engine, portal, sponsored advertising service or other search service including Google, MSN or Yahoo. “Protected Keywords” include OFX, OFX.com, OzForex, USForex, CanadianForex, UKForex, NZForex, OzForex (HK), OFX Singapore, OFX Shanghai or OFX Ireland.

5.2 Misrepresentations
You must at all times represent yourself and the Referral Partner Website(s) as independent from OFX and not engage in any acts or omissions that could reasonably cause confusion among end-users as to our relationship with you or any third party, including the following:

  1. misrepresenting or embellishing the relationship between you and OFX by stating or implying that you are formally associated with OFX;
  2. offering, suggesting or giving any impression that you yourself are performing the Service offered by OFX; or
  3. identifying any Referral Partner Website(s) as an “official site” of OFX or belonging to OFX or its Group Companies.

5.3 Linking Restrictions
You agree that you will not manipulate, alter or modify the Referral Link. You must obtain OFX’s prior written consent before displaying the Referral Link on any materials or websites or mobile apps other than the ones listed in your Application.

6. Liability of the Parties

6.1 No Exclusion of Liability

Nothing in these Terms will limit or exclude either Party’s liability:

  1. in respect of the death or illness of, or personal injury to, any individual;
  2. arising from any fraudulent or criminal act or omission of that Party; and
  3. under law, where such liability cannot be excluded;
  4. for a breach of clauses 9 or 10.

6.2 Indemnity

  1. Each Party (“Indemnifying Party”) indemnifies the other Party against any loss or damage of any kind that it may sustain or incur, including solicitor and own client costs, as a result, whether directly or indirectly, of any:
  1. breach by the other Party of this Agreement;
  2. act or omission by any of the other Party’s employees, agents or advisers which, if done or omitted to be done by the other Party, would be a breach of the other Party’s obligations under this Agreement; and
  3. claim made against the other Party by a third party as the result of any representation made, or action taken or not taken, pursuant to this Agreement by that Party.

6.3 Exclusion of Indirect Loss

Subject to clause 6.1, but notwithstanding any other provision of this Agreement, in no event will either Party be liable to the other Party for indirect, special, incidental, punitive or consequential loss or damage of any nature, including without limitation loss of use, loss of revenue, loss of profit, loss of income, loss of market share, loss of opportunity or loss of goodwill, whether arising in contract, tort (including negligence) or other legal theory, even if the possibility of such loss or damage is known at the time of acceptance of this Agreement.

6.4 Liability Cap

Subject to clause 6.1, each Party’s total aggregate liability for damages of any kind arising from any claim in connection with this Agreement will be limited to the Referral Fees payable by OFX within the 12 months prior to the claim.

7. Term

The term of this Agreement will begin on the date listed on the cover page of the Terms (“Commencement Date”) and continue until terminated in accordance with clause 8 below.

8. Termination

8.1 Termination

a) This Agreement may be terminated without cause by either Party providing 90 days’ written notice to the other Party, provided such notice is not effective sooner than the first anniversary of the Commencement Date.

b) Either Party may (without prejudice to its other rights) terminate this Agreement with immediate effect by notice in writing to the other Party if:

  1. the other Party breaches this Agreement and (in the case of a breach capable of being remedied) fails to remedy the breach within 10 Business Days after the receipt of a request in writing, to remedy the breach; or
  2. the other Party has a receiver, receiver and manager, liquidator, examiner or other officer of the court appointed over it or over any part of its undertaking or assets, passes a resolution for winding up (except for the purpose of a bona fide scheme of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect, or scheme with its creditors or be dissolved or cease to carry on business, become insolvent or anything analogous in any other jurisdiction in which it is located.

8.2 Consequences of Termination

a) If this Agreement is terminated for any reason, OFX will pay to the Referral Partner any Referral Fees (if applicable) owed at termination no later than 20 Business Days after the last day of the month following the effective date of termination. If the Referral Partner fails to comply with any of the provisions of this Agreement, OFX may withhold any Referral Fees accrued under this Agreement.

b) OFX will not pay any Referral Fees to the Referral Partner for any Qualifying Transactions conducted by a Client after the effective date of termination.

c) Subject to sub-clauses 8.2(a) and (b) above, any termination of this Agreement (for whatever reason) shall not affect any accrued rights or liabilities of either Party nor shall it affect the continuance in force of any provision of this Agreement which is expressly or by implication intended to continue in force on or after such termination.

9. Confidentiality

9.1 Use of Confidential Information

Each Party (“Recipient”) must, subject to clause 9.2:

  1. keep confidential all Confidential Information of the other Party (“Discloser”) of which it becomes aware under or in relation to this Agreement, and the Recipient and its personnel must continue to keep confidential all Confidential Information of the Discloser after termination or expiry of this Agreement;
  2. use the other Party’s Confidential Information solely in accordance with, and for the purposes of this Agreement;
  3. only disclose Confidential Information to its personnel who have a need to know that Confidential Information (and only to the extent that each has a need to know) in order to carry out their duties in connection with this Agreement, and who have agreed to keep the Confidential Information confidential;
  4. at all times provide suitably secure storage for the other Party’s Confidential Information and must clearly mark this information as confidential;
  5. treat that information with at least the same degree of care as it treats its own Confidential Information; and
  6. comply with any reasonable directions of the Discloser in respect of such Confidential Information, including any specific request made by the Discloser as to whether the Recipient may use and/or disclose that information.

9.2 Permitted Disclosures

Clause 9.1 does not apply to the extent that:

  1. a Recipient is required by law or under the rules of the relevant stock exchange to disclose the Discloser’s Confidential Information. The Recipient must provide prompt written notice of the required disclosure to the Discloser before disclosure of that Confidential Information, to enable the Discloser to seek a protective order or otherwise prevent or contest such disclosure and notify the Party to whom the disclosure is made that the information is Confidential Information of the Discloser;
  2. the Discloser’s Confidential Information is public knowledge (and has not become public knowledge as a result of Recipient’s breach of confidentiality); and
  3. the Discloser’s Confidential Information was independently created by the Recipient (and the Recipient has evidence in writing that the information falls within this exception).

9.3 Survival

This clause 9 survives termination or expiry of this Agreement.

10. Privacy

10.1 Privacy Policy
Any personal information you provide to OFX will be processed in accordance with our Privacy Policy. You confirm that you have read, understood and accepted OFX’s Privacy Policy.

10.2 Client Information

If you provide personal information to us about any individual, you must first ensure that the individual agrees, having been made aware of these Terms and our Privacy Policy. You will be solely responsible for any claims arising out of or related to your collection, use or disclosure of any personal information from any user, including any Client referred by you. In no event will OFX provide the Referral Partner with personal information of any individual or Client, regardless of whether such individual or Client was referred by the Referral Partner.

11. Representations and Warranties

Each Party represents and warrants that:

  1. it has the skill, knowledge and judgement of best industry practices to perform the obligations under this Agreement;
  2. it owns or has the right to use all intellectual property (including trademarks and logos) that it authorises the other Party to use, reproduce and display in connection with carrying out its obligations under this Agreement;
  3. the negotiation, entry into and performance of this Agreement does not violate, conflict with, interfere with, result in a breach of, or constitute a default under any other agreement to which it is a Party or by which it is bound or any applicable law;
  4. it possesses any license or authorization necessary in any jurisdiction to transact the business that is the subject matter of this Agreement; and
  5. it is authorised to enter into this Agreement, to carry out its obligations hereunder and to grant the rights herein granted.

12. Intellectual Property

12.1 Intellectual Property Ownership
Notwithstanding clause 12.2, nothing in this Agreement will be deemed to grant or assign to either Party any ownership rights, license rights or interest of any kind in the other Party’s products, services or technology or in the other Party’s intellectual property including names, logos, trademarks, service marks, copyrights and proprietary technology, including, any intellectual property currently used or which may be developed and used in the future.

12.2 License of Rights
OFX hereby grants the Referral Partner a revocable, non- transferable, non-sublicensable, non-assignable, non-exclusive license to use the OFX trademarks, logos, and service marks for the sole purpose of carrying out its obligations under and in accordance with this Agreement. The Referral Partner shall obtain the prior written consent of OFX prior to using any OFX trademark, logo or service mark.

13. General

13.1 Waiver and Severability
The waiver by either Party of any default or breach of this Agreement does not constitute a waiver of any other subsequent default or breach. If any provision of this Agreement is prohibited, invalid or unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of that provision in any other jurisdiction.

13.2 Acceptance and Variation of Terms
Please read this Agreement carefully. By accepting these Terms, this signifies that you have read, understood and agreed to be bound by the Agreement. We will provide you at least 30 days’ notice of any changes to the Terms by sending notice of such variation to you by email to the email address provided by you on your Application.

13.3 Unauthorised or Illegal Use
If we reasonably suspect that your Application has been used for, or is going to be used for, an unauthorised, illegal or criminal purpose we may be required to share information about you, your Application and any of your referrals with law enforcement authorities.

13.4 Disclosures and Notices
Any notice sent to OFX must be emailed to Legal.Notice@ofx.com with a copy emailed to the Referral’s Partner’s OFX account manager.

You agree that OFX can provide disclosures and notices required by law and other information about your Application to you by emailing it to the email address listed in your Application. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within 24 hours of the time emailed to you unless we receive notice that the email was not delivered.

13.5 Security
OFX has implemented technical and organisational measures designed to secure information about the Referral Partner from accidental loss and from unauthorised access, use, alteration or disclosure. However, OFX cannot guarantee that unauthorised third parties will never be able to defeat those measures or use information about the Referral Partner for improper purposes. The Referral Partner acknowledges that it provides information about itself at its own risk.

13.6 Anti-Bribery and Corruption

Each Party must, and must ensure that its agents, directors, employees, officers and subcontractors:

(a) comply with all applicable laws, regulations, codes and sanctions relating to anti-bribery and anti- corruption (Anti-Bribery Laws);

(b) not engage in any form of bribery, corruption, extortion or embezzlement, or other unlawful conduct including that which would constitute an offence under the Anti-Bribery Laws; and

(c) have, maintain and enforce throughout the term of supply, its own policies and procedures to ensure compliance with the Anti-Bribery Laws.

13.7 Modern Slavery
(a) In performing its obligations under this Agreement, each Party must:

i. comply with all applicable anti-slavery and human trafficking laws, statutes, regulations and codes from time to time in force;

ii. use reasonable endeavours to include in contracts with its direct subcontractors and suppliers, provisions which are at least as onerous as those set out in this clause; and

iii. notify the other Party as soon as it becomes aware of any actual or suspected slavery or human trafficking in a supply chain which has a connection with this Agreement.

(b) Each Party represents and warrants to the other Party it has not been convicted of any offence involving slavery and human trafficking, and it has not been the subject of any investigation, inquiry or enforcement proceedings regarding any offence or alleged offence of or in connection with slavery and human trafficking.

13.8 Force Majeure
Neither Party shall be liable by reason of any failure or delay in the performance of its obligations hereunder (except for the payment of money) on account of events beyond the reasonable control of such Party, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, or labour conditions (“Force Majeure Event”). Upon a Force Majeure event, the non-performing Party will be excused from any further performance of obligations affected by the Force Majeure Event for so long as the event continues, and such Party continues to use reasonable efforts to resume performance. If a delay by either Party arising directly out of a Force Majeure Event continues for more than 30 Business Days, the other Party may, at its discretion, terminate this Agreement by giving 10 Business Days’ notice to the delaying Party.

13.9 Dispute Resolution
A Party may notify the other Party in writing that a dispute has arisen. The Parties will, in the first instance, attempt to resolve the dispute, controversy, claim or allegation of breach by entering into good faith negotiations. If the Parties fail to resolve the dispute within a reasonable time, each Party shall nominate a senior officer or officers of its management to meet at any mutually agreed location to resolve the dispute.  This clause does not prevent either Party from seeking urgent injunctive or urgent declaratory relief.

13.10 Governing Law and Jurisdiction
This Agreement is governed by the law in force in New Zealand and the Parties submit to the exclusive jurisdiction of the courts of New Zealand and all courts competent to hear appeals from the courts of New Zealand in respect of all proceedings arising in connection with these Terms.

13.11 Assignment
This Agreement shall be binding upon and inure to the benefit of the successors and permitted assigns of the Parties; however, no assignment shall be valid without prior written consent of both Parties (which consent shall not be unreasonably withheld). Upon such assignment, the other Party shall remain responsible for the proper performance of its obligations hereunder. Notwithstanding the above, any change in control of a Party resulting from a merger, consolidation, share transfer or asset sale will be deemed an assignment or transfer for the purposes of this Agreement that requires the other Party’s notice.

13.12 Headings and Interpretation
The headings in this Agreement are for the convenience of reference only and have no legal effect. In this Agreement words importing the singular include the plural and vice versa and words importing gender include any other gender. The expression “person” used in this Agreement shall include (without limitation) any individual, partnership, local authority, company or unincorporated association. Where the words include(s), including or in particular are used in this Agreement, they are deemed to have the words without limitation following them. Where the context permits, the words other and otherwise are illustrative and shall not limit the sense of the words preceding them. Any obligation in this Agreement on a person not to do something includes an obligation not to agree, allow, permit or acquiesce in that thing being done.

13.13 Entire Agreement
This Agreement contains the entire Agreement between the parties in relation to this subject matter.

13.14 Relationship
Nothing in this Agreement constitutes a relationship of employer and employee, principal and agent, partnership or joint venture between the Parties and neither Party shall be authorised to assume or create or attempt to assume or create, directly or indirectly, any obligation on behalf of, or in the name of the other Party.

13.15 Counterparts

This Agreement may be executed in any number of counterparts, each of which when executed shall constitute a duplicate original, but all the counterparts shall together constitute the one Agreement. Transmission of the executed signature page of a counterpart of this Agreement by email (in PDF, JPEG or other agreed format) shall take effect as delivery of an executed counterpart of this Agreement.

14. Definitions

In this Agreement, unless the context otherwise requires, the following words have these meanings:

“Anti-Bribery Laws” has the meaning given to that term in clause 13.6.

“Application” has the meaning given to that term in clause 1.1.

“Base Threshold” has the meaning given to that term in clause 2.3.

“Business Day” means a day that is not a Saturday, Sunday or a public holiday (including bank holidays) in New Zealand.

“Completed Transfer” means a transaction where OFX has received cleared funds from the Client and has successfully remitted the purchased currency to the designated payee and the transaction has not been subsequently cancelled or refunded.

“Commencement Date” means the date listed on the cover page of these Terms.

“Confidential Information” means, in relation to a Party, information about that Party or its business or affairs that is by its nature confidential; is reasonably designated by that Party as confidential; or the other Party knows or ought to know is confidential, and includes:

  1. the terms of this Agreement;
  2. the services to be provided by either Party and any Referral Fees to be paid under or in connection with this Agreement; and
  3. the Margin, any data, business plans, Client strategies, marketing information, sales information, quality procedures, production techniques, new product ideas, intellectual property rights, trade secrets, formulas, processes, dealings, know-how, designs, plans, research data, or financial information.

“Client” means either (as applicable):

  1. a visitor to the Referral Partner Website who is directed to the OFX Website through the Referral Link and subsequently registers on the OFX Website; or
  2. a Client of the Referral Partner that has been referred to OFX by the Referral Partner.

“Discloser” has the meaning given to the phrase in clause 9.1.

“Force Majeure Event” has the meaning given to the phrase in clause 13.8 above.

“Gross Revenue” means the revenue received by OFX in relation to each Completed Transfer.

“Group Company” means any person or entity controlling (directly or indirectly), controlled by or under common control with another person and for the purposes of this definition, “control” shall mean direct or indirect beneficial ownership of 50% or more of the share capital, stock or other participating interest carrying the right to vote or to distribution of profits of such entity.

“GST” means any tax imposed on the supply of goods or services which is imposed or assessed under the Goods and Services Tax Act 1985 of New Zealand (as amended) and all related ancillary legislation.

“Indemnifying Party” has the meaning given to that phrase in clause 6.2 above.

“Margin” means the difference between the retail exchange rate OFX provides to the Client and the wholesale exchange rate OFX is charged by its wholesale currency providers.

“Materials” means any advertising or other materials or information of any kind provided to the Referral Partner by OFX, including for publication on the Referral Partner Website, and shall be taken to include any trademarks, registered or unregistered, owned by OFX.

“OFX”, “us” or “we” means NZForex Limited (CN: 2514293)

“OFX Website” means the website operated by OFX at www.ofx.com, or any other site operated by or on behalf of us or our Group Companies.

“Parties” has the meaning given to that term in Background B, and “Party” means any one of them.

“Privacy Policy” means OFX’s Privacy Policy, as updated from time to time, found at https://www.ofx.com/en-nz/legal/privacy-policy.

“Protected Keywords” has the meaning given to that phrase in clause 5.1 above.

“Qualifying Transaction” means a transaction conducted by a Client which meets the following criteria:

  1. the Client followed the Referral Link from the Referral Partner Website to the OFX Website or by other means of verifiable referral (as determined by OFX in its absolute discretion) and, at that time, registered with OFX;
  2. The Client booked and executed a transfer with OFX;
  3. The Transfer is not a same currency transfer; and
  4. The Transfer is a Completed Transfer.

“Recipient” has the meaning given to the phrase in clause 9.1.

“Recipient Created Tax Invoices” has the meaning given to the phrase in clause 2.6.

“Referral Fee” means the fee calculated in accordance with clause 2.2.

“Referral Link” means the link from the Referral Partner Website to the OFX Website using the URL String.

“Referral Partner” “you” and “your” means the applicant.

“Referral Partner Website” means the website(s) operated by the Referral Partner.

“Service” means the service provided by OFX as defined in Background A above.

“Social Media Platforms” has the meaning given to that phrase in clause 4.4 above.

“URL String” means a sequence of characters, conforming to a standardized format that is used for referring users to the OFX Website. “Terms” means these Terms and Conditions.