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THIS AGREEMENT is dated 2009




(1) Play4Property Pty LTD incorporated and registered in New South Wales with Australian Company Number 134 648 749 whose registered office is at Level 29, Chifley Tower, Chifley Sq, Sydney, NSW, 2000. (Company). Play4Property Pty LTD is the owner and operator of Play4Property, in the UK, USA and Australia.

(2) {USERNAME} of {USER ADDRESS} (Affiliate).





1.1 The definitions and rules of interpretation in this clause apply in this agreement:

"Acceptable Use Policy"the acceptable use policy produced by the Company and included in the Promotional Pack;
"Affiliate Web Link"the unique URL link used by an individual Affiliate to refer an Entrant to the Website;
"Play4Property the Play4Property logo as provided to the Affiliate in the Mark"the Promotional Pack;
"Play4Property any and all items, samples of the Company product, Materials"and promotional, marketing or advertising materials roduced by or on behalf of Company
"Competition"competition number [ ] run by the Company on the Website and any other competition agreed between the parties in writing;
"Entrants"a person entering the Competition
"Entry Fee"the cost of one entry into the Competition;
"Promotional Code"the unique code issued to the Affiliate that entitles Entrants to a discount of 10% off their Entry Fee;

1.2 Clause headings shall not affect the interpretation of this agreement.

1.3 A reference to any party shall include that party's personal representatives, successors or permitted assigns Property.



2.1 Upon signature of this agreement the Affiliate shall pay a sum equal to the Entry Fee to Company and then Company shall supply the Affiliate with its Promotional Code. Such Entry Fee is payable in respect of each subsequent Competition that this agreement shall apply to as agreed by the parties in writing.

2.2 During the Term the Affiliate shall encourage people to enter the Competition by distributing the Promotional Code to potential Entrants.



3.1 The Company shall maintain a database of Entrants who have used the Promotional Code (each being a "Discounted Entrant" regardless of the number of entries into the Competition that person makes).

3.2 Within 14 days of the end of each Competition the Company shall pay the Affiliate a sum equal to either:

3.2.1 0.1 x (number of Discounted Entrants x Entry Fee) where the Promotional Code used is exclusive to one Affiliate, or

3.2.2 0.05 x (number of Discounted Entrants x Entry Fee) where the Promotional Code used is exclusive to two Affiliates.



4.1 Upon signature of this agreement the Company shall supply the Affiliate with a promotional pack including the following ("Promotional Pack"):

[ ]

4.2 In consideration of the payment of the Sum under clause 2.1 the Company grants to the Affiliate the right to use the Play4Property Materials strictly in order to promote the Competition.

4.3 If the Company, in its opinion, believes that the Affiliate is using the Company Materials in a manner which will have a negative impact upon the reputation and goodwill of the Company, the Competition or the Website, the Company shall be entitled to immediately withdraw the right, granted to the Affiliate under clause 4.2.

4.4 The Affiliate shall only use the Play4Property Material in accordance with the Acceptable Use Policy.


5.1 Either party may terminate this agreement immediately, by giving written notice to the other party if:

(a) the other party fails to pay any amount due under this agreement on the due date for payment and remains in default not less than fourteen days after being notified in writing to make such payment; or

(b) the other party commits a material breach of any material term of this agreement and (if such breach is remediable) fails to remedy that breach within a period of 14 days after being notified in writing to do so; or

(c) the Competition is cancelled, prior to its conclusion, for whatever reason. In such circumstances the Company shall not be liable to make any payment to the Affiliate under this agreement.

5.2 The parties acknowledge and agree that any breach of clause 4 shall constitute a breach of a material term for the purposes of this clause.

5.3 Either party to this agreement may terminate this agreement by giving the other party not less than one month�s notice in writing.



Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.



Each party shall and shall use all reasonable endeavours to procure that any necessary third party shall promptly execute such documents and perform such acts as may be required for the purpose of giving full effect to this agreement.



8.1 The Vendor shall not, without the prior written consent of the Company, assign, transfer, mortgage, charge or deal in any other manner with this agreement or any of its rights and obligations under or arising out of this agreement or purport to do any of the same. The Vendor shall sub-contract or delegate in any manner any or all of its obligations under this agreement to any third party or agent.



No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.


On termination of this agreement for any reason, each Party shall immediately pay to the other Party any outstanding monies due to the Company.



Each party shall bear its own costs and expenses in connection with the negotiation, preparation, execution and performance of this agreement and any documents or obligations referred to in it.


This agreement constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.



No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).


If any provision of this agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of this agreement, and the validity and enforceability of the other provisions of this agreement shall not be affected.


Any notice or other communication required to be given under this agreement shall be in writing and shall be delivered personally, or sent by pre-paid first class post or recorded delivery or by commercial courier, to each party required to receive the notice or communication at its address as set out above or as otherwise specified by the relevant party by notice in writing to each other party.


A person who is not a party to this agreement shall not have any rights under or in connection with it.


17.1 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

17.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

17.3 Disputes - Any controversy, dispute, or claim arising shall be resolved through binding arbitration


This agreement has been entered into on the date stated at the beginning of it.