Terms & Conditions

10K Cash Back Offer Terms & Conditions 

1. The $10,000 Cash Back Offer (“$10K Offer”) refers to a $10,000 cash back against any paid media services (“Services”) agreed to between the parties being the Client and Defiant Ventures Pty Ltd ABN 14 646 809 172 trading as Defiant Digital (“Defiant”) under Defiant’s Master Service Agreement and Scope Of Work (“Agreement”) including the Terms and Conditions hereunder. 
2. Subject to the Agreement and in accordance with these terms and conditions, Defiant will pay to the Client a one time $10,000 AUD total sum (inclusive of any applicable Goods and Services Tax) into the Client’s nominated Australian bank account for a valid claim raised by the Client, should Defiant not have achieved the agreed outcomes associated with the Services as defined in the Agreement and which are subject to the $10K Offer. 
3. To Claim the $10K Offer, the Client must issue Defiant with the Client’s Tax Invoice within 15 days and no later than 4.00pm on the 15th day after the expiry of the Minimum Term. 
4. Defiant will pay the Client within 30 calendar days of receiving the Client’s valid claim and tax invoice subject to Defiant verifying the Client’s valid claim as against Defiant’s records.
5. The Client’s Minimum monthly ad spend of $25,000 AUD is required during the Minimum Term (excluding Defiant’s Monthly Management Fee) 
6. The 6 month Minimum contract Term (“Minimum Term”) for the $10K Offer, will commence from the Commencement Date outlined in the signed Agreement. 
7. The Client will be deemed to have accepted these terms and conditions upon reviewing and signing the Agreement. 
8. There is a 28 day Onboarding period required to establish the Client account, campaign materials and planning. Defiant’s separate, standard Onboarding Fee will be charged by Defiant for the Onboarding phase. The Onboarding fee and 28 day onboarding period is separate to and does not form part of the $10K Offer metrics or criteria. The Minimum Term will commence at the conclusion of the Onboarding period and on the Commencement date referred to in the Agreement.
9. The Client must have accurate historical data for the 6 month comparison period immediately prior to the Commencement Date. Such data and / or access to information, ad accounts and any other platform or information forming the basis of the $10K Offer as required by Defiant, must be made available to Defiant including access to the Client’s ad accounts and other related platforms and information for Defiant to audit such platforms containing the data associated with the $10K Offer. 
10. The Client and Defiant will agree in writing to the metrics and qualifying parameters to be specifically used for the comparison period covered by the $10K Offer. These metrics and qualifying parameters may be different from Client to Client and will be agreed to between the parties prior to commencement and will be included in the Agreement. 
11. Defiant in its absolute discretion, whether it has conducted an audit or otherwise, may decline to provide the $10K offer to the Client or to any Client without any obligation to provide any reason or information to the Client for such refusal.
12. This $10K offer may be withdrawn by Defiant without notice at any time prior to the Client’s acceptance of the offer.
13. The Client must deliver  to Defiant; raw video, UGC & images for Defiant to create the Client’s ads required during the Minimum Term.
14. The Client will cooperate with Defiant and accept Defiant’s campaign strategy and direction during the Minimum Term.
15. The Client at it’s cost, will be committed to making regular, timely updates as advised by Defiant, to their website to improve conversion rates during the Minimum Term.
16. The Client nor any third party, whether on behalf of the Client or otherwise will not interfere with any element of the campaign, the ad account, creatives, the Client’s website or in any other way, without Defiant’s request in writing. 
17. Defiant will provide the Client with monthly reports of the results achieved for the Services during the Minimum Term. Defiant’s reports will be the sole source used to determine the final results of the $10K offer and the Client’s right to claim the $10K Offer. The Client will be deemed to have received and accepted the reports sent by Defiant to the Client’s nominated email address.
18. On expiry of the Minimum Term, the terms of the Agreement will continue to be in effect with the exclusion of the $10K Offer, until termination of the Agreement. Either party may terminate the Agreement upon 30 days written notice to the other at any time after the expiry of the Minimum Term.
19. The $10K Offer will automatically lapse and the Client expressly and forever releases Defiant from any and all liability, claim or obligation associated with the $10K Offer:

(i)    on Defiant’s achievement of the outcomes agreed to between Defiant and the Client in writing or where Defiant is able to provide data demonstrating it’s achievement of such agreed outcomes or;

(ii)   on expiry of the Minimum Term or;

(iii)  termination during the Minimum Term or;

(iv)  if the Client fails to pay any of Defiant’s invoices on time and in accordance with the Terms of the Agreement or;

(v)   if the Client fails to comply with any of the terms and conditions of the $10K Offer and/or of the Agreement or;

(vi)  if there is any disruption to the Client’s Services for any reason unless such disruption is deliberately caused by Defiant (excluding disruptions that are beyond Defiant’s control) or;

(vii) if the Client’s ad account and/or any Services under Defiant’s Agreement is/are suspended for any reason or;

(viii) interruption or interference with the Services during the Minimum Term either by the Client and/or any third party not approved in writing by Defiant or;

(ix)  in the event Defiant’s access to the Client’s ad accounts, platforms, dashboards and / or any other data controlled by or on behalf of the Client and associated with the $10K Offer and/or the Services, is interrupted or removed other than by Defiant, during the Minimum Term or;  

(x)   where the Client is entitled to make a claim under the terms and conditions hereunder and fails to issue Defiant a tax invoice for the $10K Offer by 4pm on the 15th day after the expiry of the Minimum Term