Advertiser & Commercial Posting Policy v2.0

What We Mean by Certain Terms

In this Policy, unless the context otherwise requires:

• Advertiser(also referred to as Commercial User) — any person or entity that posts, places, submits, promotes, sponsors, or otherwise makes Content available on or through Bawtt for its own Commercial Benefit, or for the Commercial Benefit of any third party, whether or not the Advertiser receives payment or commission directly. An Advertiser includes, without limitation: affiliates and referral partners; advertisers and sponsors; merchants, retailers, brands, and service providers; employees, contractors, representatives, agents, influencers, ambassadors, PR firms, or agencies acting for a business or brand; and any person posting Content as part of a marketing, promotional, traffic driving, lead generation, or brand awareness activity.
• Advertiser Content— any Content that is posted, submitted, displayed, communicated, or otherwise made available on or through Bawtt by or on behalf of an Advertiser, or by any person acting for an Advertiser, where the Content is connected with, or gives rise to, any Commercial Benefit. Advertiser Content includes, without limitation: sponsored, promoted, boosted, or paid placements; affiliate, referral, tracking, or commission based links, codes, or identifiers; content promoting the Advertiser’s own or a third party’s business, products, services, listings, or brand; content distributed to generate leads, traffic, sign-ups, subscriptions, or brand exposure; and any associated links, creatives, text, images, metadata, tracking parameters, calls to action, or landing pages. Advertiser Content does not include Content posted by an Ordinary User solely for personal, informational, or community purposes, where no Commercial Benefit is obtained other than an ordinary consumer discount on the User’s own purchase.
• Commercial Benefit— any direct or indirect financial, economic, marketing, promotional, or other advantage arising from the posting or promotion of Content. Commercial Benefit includes, without limitation: commissions, referral fees, affiliate income, or revenue share; tracking, attribution, or performance based benefits; sponsorships, paid placements, or free or discounted products provided in exchange for promotion; lead generation, traffic driving, sign-ups, subscriptions, or data collection; brand awareness, reputation management, or promotional exposure; and any similar marketing or commercial advantage. Commercial Benefit does not include an ordinary consumer obtaining a discount, cashback, reward, coupon, or saving solely on their own purchase, where neither the poster nor any third party they are acting for receives any commission, referral income, attribution benefit, or promotional advantage from other Users’ engagement or purchases.
• Content— any material or information made available on or through Bawtt, including posts, deals, comments, text, images, videos, links, URLs, codes, metadata, votes, reactions, messages, and any other data or material.
• Fees— any fees, charges, commissions, revenue share, subscription payments, usage based charges, or other amounts payable to Bawtt in connection with Advertiser Content, advertising services, affiliate programs, or commercial participation.
• Links— any hyperlink, URL, shortened link, redirect, tracking link, affiliate link, referral code, parameter, QR code, or other mechanism that directs Users to a third party destination or records attribution or tracking.
• Ordinary User— a User who shares, discusses, or comments on deals, offers, or information for personal, informational, or community purposes only, and who does not obtain any Commercial Benefit other than an ordinary consumer discount on their own purchases.
• Posting for Others— posting Advertiser Content for the Commercial Benefit of another person or entity, including where the poster acts as an employee, contractor, influencer, agent, representative, or informal promoter, whether or not consideration is paid.
• Policy— this Advertiser & Commercial Posting Policy, as amended from time to time, and incorporated into the Bawtt Terms & Conditions.
• Terms— the Bawtt Terms & Conditions, together with all incorporated policies and additional terms.
• User— you and other users of Bawtt.

References to you or your mean the Advertiser or Commercial User. References to we, us, or our mean Bawtt Pty Ltd. References to Bawtt means Bawtt Pty Ltd or the website, app and browser plugin referred to as Bawtt.

Determination of whether Content constitutes Advertiser Content or provides a Commercial Benefit is made by substance over form, at our discretion.

Who This Applies To (Read This Carefully)

This policy applies to any person or entity that:

• Promotes themselves, their own business, product, service, marketplace listing, or brand
• Places paid, sponsored, boosted, or promoted content
• Participates in an affiliate, referral, commission, or performance-based program
• Includes affiliate links, referral links, tracking links, creator codes, cashback arrangements, paid placements, self-promotion, or indirect monetization Content for commercial gain or otherwise derives money, value, traffic, leads, or commercial benefit from Bawtt

(collectively, Advertisers — even if you don’t like that label). We may treat a User as obtaining a Commercial Benefit where their posting activity is structured or repeated in a way that is primarily intended to drive monetised traffic or promotional outcomes, even if a personal discount is also obtained.

Fees, Charges, and How We Get Paid

We Charge Fees

You acknowledge and agree that we may charge fees for: sponsored or promoted Content; paid placements or visibility boosts; advertiser tools or programs; access to affiliate programs; performance-based features; any other commercial service we offer now or later.

Fee types may include: flat fees; usage-based fees; subscription fees; commission-based fees (including revenue share, referral fees, cost-per-action, or similar); any new fee type; or any combination of the above.

Calculations and No Gaming the System

Fees are calculated and payable solely based on our systems and records. Our tracking, attribution, and reporting is final and binding, absent manifest error. You may be required to install or use software we provide to you. You must not interfere with, modify, or attempt to circumvent any software, tools, or systems provided by us, nor act in any way to game the system or manipulate Bawtt, any commission calculations, tracking, or results.

Where you elect (or are required) to participate in a commission-based model, you agree that: commissions are payable whether or not you collect payment from the underlying customer or the underlying customer is refunded in part or otherwise; commissions accrue at the time determined by us (click, conversion, confirmation, or otherwise); and you do not get to renegotiate commission maths because you “don’t like the number”.

Payment Obligations

All fees: are exclusive of GST and taxes (unless stated otherwise); must be paid in full, on time, without set-off or deduction; and are non-refundable, except where required by law or expressly agreed in writing.

Failure to Pay

If you fail to pay any amount when due, we may without notice: suspend or remove your Content; terminate your advertiser access or account; withhold or offset commissions or credits; charge interest at the maximum rate permitted by law; recover all enforcement and legal costs on a full indemnity basis; and pursue recovery proceedings.

Non-Exclusivity and Competing Content

Your participation as an Advertiser on Bawtt is non-exclusive. You acknowledge and agree that: we do not provide exclusive advertising, promotion, placement, visibility, or category protection to any Advertiser unless expressly agreed by us in writing; other Advertisers, Affiliates, or Users may promote, discuss, or link to competing or substitute products or services; and we may display, prioritise, rank, promote, monetise, or otherwise surface competing Content alongside, above, below, or instead of your Advertiser Content. You waive any claim against us arising out of the presence, prominence, performance, or commercial impact of competing content or advertisers.

Your Content: Warranties

In addition to the warranties you give to Bawtt, you warrant and represent that all Advertiser Content: is true, accurate, and not misleading or deceptive; complies with Australian Consumer Law, advertising standards, and all applicable laws; does not infringe intellectual property, privacy, or other rights; is not defamatory, unlawful, unsafe, or prohibited; is properly disclosed as sponsored, paid, or affiliate where required; is not offensive, hateful, or contain hate speech; does not incite violence, discrimination, harassment, or promote illegal activity; does not include content that is abusive, threatening, or otherwise inappropriate for public dissemination; and is substantiateable on request (pricing, “was/now”, testimonials, claims, data).

These warranties apply per post, per impression, per interaction.

Posting for Others — Authority and Liability

If you post Advertiser Content on behalf of another person or entity (including a brand, retailer, merchant, employer, agency, or client), you warrant that you have authority to do so and to bind that party to the Terms and this Policy.

If you do not have that authority, or fail to provide evidence of authority on request, you remain personally responsible for all obligations, warranties, fees, indemnities, and liabilities arising from the Advertiser Content as if you were the Advertiser. You and any party you act for may be treated as jointly and severally liable in connection with Advertiser Content.

Investigations and Interim Action

You must, immediately on request: provide evidence substantiating pricing, discounts, stock, claims, and representations; provide confirmation of ownership, authority, or licences; cooperate with audits or investigations relating to compliance.

Without limiting any other rights or remedies available to us, we may take any action we consider appropriate in relation to Advertiser Content, advertiser accounts, payments, programs, or access while we investigate any concern, report, complaint, allegation, or suspected breach — whether raised by us or by any third party; whether substantiated or unsubstantiated at the time; and whether or not you have been given an opportunity to respond.

During an investigation, or while we are waiting for information, clarification, substantiation, or a response from you, we may, at our discretion and without notice: suspend, restrict, or terminate advertiser accounts or access; pause, remove, downrank, relabel, or disable Advertiser Content or campaigns; withhold, suspend, or offset payments, commissions, credits, or benefits; require additional verification, explanation, or substantiation; impose conditions on continued participation; or take any other action we consider necessary to protect Bawtt, Users, third parties, or platform integrity.

You acknowledge and agree that: we are not required to complete an investigation within any particular timeframe; we are not obliged to maintain or reinstate Content, campaigns, payments, or access during or after an investigation; and any investigatory or interim action we take is in addition to, and does not limit, any other action, enforcement, or remedy available to us under the Terms, this Policy, or at law.

We will not be liable to you for any loss, delay, suspension, removal, or termination resulting from investigatory or interim action taken under this clause, to the maximum extent permitted by law.

No Partnership, No Agency, No Excuses

Nothing in this Policy or the Terms creates a partnership, joint venture, or agency relationship. You act entirely on your own behalf, and you have no authority to bind or represent Bawtt.

Waiver

Our failure or delay in enforcing any provision of this Policy does not operate as a waiver of that provision or any other rights.