Gush Trade Portal

Join as a Gush Advocate.

Join as a Gush Advocate

Benefits

Commission type

1 days

Commission

5% of total referred sales when a trade partner makes purchase through your affiliate link.

Validity

1 year

Bonus (to be calculated offline and will not be reflected in the Platform)

 20% commission (instead of 5%) on total referral sales for the first 2 months from the purchases made by your onboarded trade partner, provided the onboarded trade partner has never made any purchases from the Company nor is an existing trade partner prior to being onboarded by you. 
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By joining, you agree to the Terms & Conditions and Privacy Policy

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Commission details

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Terms & Conditions

STANDARD TERMS FOR GUSH ADVOCATE PROGRAM (“STANDARD TERMS”)

 

1.    JOINING THE GUSH ADVOCATE PROGRAM

1.1              By submitting an Application Form, the Person or Entity named in the Application Form (the “Applicant” also known as the “Advocate”) is offering to participate in the Gush Advocate Program in accordance with the Application Form and these Standard Terms.

1.2              Acceptance of the Application Form and enrolment into the Gush Advocate Program is subject to the sole discretion of LivinWall Pte. Ltd. (UEN No.: 201713542C), a limited liability company incorporated and having its registered office at 200 Braddell Road, BCA Academy Block B #02-09, Singapore 579700 (the "Company").

1.3              On Acceptance of the Application Form by the Company, the Application Form and these Standard Terms, including the applicable data processing annex(es), will together constitute an “Agreement” entered into by the Company and the Advocate. On rejection of the Application Form, no agreement will be formed.

1.4              This Agreement prevails over any terms supplied by the Advocate.

1.5         Employees of the Company are not eligible to participate in the Gush Advocate Program.

 

2.    DEFINITIONS

2.1              The following definitions and rules of interpretation apply in this Agreement.

“Advocate Management System”: the program or platform in which the Sales referred by Gush Advocate is tracked.

“Application Form”: the registration form by which the Gush Advocate apply to participate in the Gush Advocate Program.

“Bonus”: additional payment to the Advocate by the Company in return for a specific Sales activity.

“Business Day”: a day other than a Saturday, Sunday or public holiday in Singapore when banks in Singapore are open for business.

“Commencement Date”: the date when this Agreement has been entered.

“Commission”: the relevant amount to be paid by the Company to the Gush Advocate for each completed Sales, in accordance with the Company’s Program Terms.

“Custom Advocate Link”: an unique link assigned to Gush Advocate to enable sales tracking.

“Effective Date”: the day in which the Application Form is accepted by the Company.

“Goods”: the products which are listed and sold on the Company’s Partner Site at the listed prevailing prices.

“Interface”: the software platform operated by the Advocate Management System.

“Lead”: a ‘sales lead’ of an Advocate generated in the Referral Period.

“Prospective Client”: a referred Sales lead that is not an existing trade customer of the Company, or already in the process of being onboarded as a customer of the Company.

“Quarter”: each period of three (3) calendar months ending on 31 March, 30 June, 30 September and 31 December.

“Partner Site”: the Company website for repeat trade partners at www.partner.gush.earth.

“Program Terms”: any terms and conditions, or other requirements applied by the Company to the participation of the Gush Advocate Program.

“Referral”: the provision to the Company of the contact details of an employee at a Prospective Client who is of sufficient seniority to authorise or recommend the purchase of the Goods from the Company, and the fulfilment of the obligations in Clause 3 for each Prospective Client. Refer, Refers and Referred shall be interpreted accordingly.

“Referral Date”: In the case of trade partners, for each Prospective Client, the date during the term of this Agreement on which the Gush Advocate's Referred Prospective Client registers and is onboarded onto the Company’s Partner Site. 

“Referral Period”: for each Prospective Client, the referral period will be a 12-month period from the Referral Date. For avoidance of doubt, should the Referral Date occur on the last day of the Agreement period, the Referral Period will still extend for 12 months from the Referral Date.

“Sale”: the purchase of Goods listed on the Company’s Partner Site made through the Gush Advocate’s Custom Advocate Link, as tracked by the Advocate Management System.

“Term”: The term of this Agreement from the Effective Date until its termination or expiry in accordance with Clause 11 or 18.

“Territory”: Singapore.

 

2.2              Clause, schedule and paragraph headings shall not affect the interpretation of this Agreement.

2.3              Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

2.4              A reference to writing or written includes fax and e-mail.

2.5              Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

 

 

3.    OBLIGATIONS OF GUSH ADVOCATE

3.1              The Gush Advocate shall:

3.1.1      Make efforts to study and understand the Company’s products and participate in product and/or sales training provided by the Company;

3.1.2      Assist in championing Gush’s products and values, and uplift the brand;

3.1.3      Assist to onboard the Prospective Client (if an applicable repeat trade buyer) onto the Partner Site;

3.1.4      Regularly reach out to the Prospective Client to encourage more sales; and

3.1.5      Be part of the Company’s WhatsApp community chat group where training materials, updates and promotions are disseminated.

3.2              If referring a Prospective Client who is a trade partner, the Gush Advocate must assist with the onboarding or registration of the Prospective Client on to the Partner Site.

3.3              The Gush Advocate shall have no authority, and shall not hold itself out, or permit any person to hold itself out, as being authorised to bind the Company in any way, and shall not do any act which might reasonably create the impression that the Gush Advocate is so authorised. The Gush Advocate shall not make or enter into any contracts or commitments or incur any liability for or on behalf of the Company, including for the provision of any Goods or the price for them, and shall not negotiate any terms for the provision of any Goods with Prospective Clients.

 

4.    OBLIGATIONS OF THE COMPANY

The Company shall, subject to the willingness and availability of the Gush Advocate:

4.1              Let the Gush Advocate know within thirty (30) days if the Prospective Client Referred is already an existing client of the Company or if another Gush Advocate has first referred the same Prospective Client; and

4.2              Make reasonable sales training, updated marketing collaterals for the Gush Advocate and/or his team.

 

 

 

5.    REFERRALS, COMMISSIONS, AND BONUSES

5.1               The amount of any Commissions is as may be displayed on the Interface. Commission in respect of completed sales will be determined as:

5.1.1      A percentage of the purchase price of the Goods as set out on Partner Site, purchased through Custom Advocate Link assigned to the Advocate; and

5.1.2      The fulfillment of the Goods paid for are completed without cancellation.

5.2              Company may amend the structure and quantum of Commission and Bonus offered at its sole discretion and inform the Advocate in writing.

5.3              The Commission and Bonus may either be processed by the system and displayed on the Interface, or may be processed offline from the system and informed to the Advocate in writing.

5.4              Should any disputes arise, the Company shall have the final absolute discretion on deciding whether a Prospective Client should be classed as a referral.

5.5              Without prejudice to any other rights or remedies of the Company, if the Company reasonably suspects that any Commissions paid under this Agreement have been generated in breach of this Agreement, the Company may set off or deduct the amount of such Commissions from any future payments due to the Advocate or from any funds held to the Advocate’s account from time to time (whether under this Agreement or any other agreement between Company and the Advocate). Such deduction shall constitute a general pre-estimation of the loss suffered by the Company as a result of payment of such Commission in breach of this Agreement.

 

6.    PAYMENT

6.1              The Company will pay the Advocate:

6.1.1      Commissions in respect to completed sales; and

6.1.2      Bonuses agreed between the Company and Advocate

 

6.2              Payment statements for Commissions and Bonuses can be accessed by the Advocate via the Interface.

6.2.1      The date of fulfilment or the date of payment, whichever is later, shall be taken as the date of transaction for the purpose of this Agreement.

6.2.2      The Company will calculate the total amount of Referral Fees payable to the Gush Advocate for each preceding Quarter (i.e., January to March, April to June, July to September, October to December).

6.2.3      The month following the end of each calendar Quarter (April for Q1, July for Q2, October for Q3, and January for Q4), the Company will compute the total Commissions payable to the Gush Advocate for the preceding quarter. The Company shall approve the payable Commissions by the subsequent and pay to Gush Advocate within 2 weeks.

6.2.4      All payments shall be made via bank transfer to the designated bank account provided by the Gush Advocate.

6.3              All sums payable under this Agreement shall be exclusive of any sales taxes, use taxes, value added taxes, goods or services taxes or comparable taxes which, if applicable, shall be added at the appropriate rate.

 

7.    AGREEMENT EXPIRY AND RENEWAL

The Agreement will expire after one (1) year from the Agreement date, unless a renewal is mutually-agreed upon and executed in writing by both the Company and the Gush Advocate.

 

8.    ANTI-BRIBERY COMPLIANCE

The Gush Advocate shall:

8.1              comply with all applicable laws, ordinances, statutes, regulations, and codes relating to anti-bribery and anti-corruption in any territories, including but not limited to the Prevention of Corruption Act (Cap 241);

8.2              have and shall maintain in place throughout the term of this Agreement its own policies and procedures to ensure compliance with  8.1(a), and will enforce them where appropriate;

8.3              promptly report to the Company any request or demand for any undue financial or other advantage of any kind received by the Gush Advocate in connection with the performance of this Agreement; and

8.4              immediately notify the Company in writing if a foreign public official becomes an officer or employee of the Gush Advocate or acquires a direct or indirect interest in the Gush Advocate and the Gush Advocate warrants that it has no foreign public officials as direct or indirect owners, officers, or employees at the date of this Agreement.

8.5              The Gush Advocate shall ensure that all of its suppliers, sub-agents and subcontractors who perform services or provide goods in connection with this Agreement do so only on the basis of a written contract which imposes on and secures from such persons terms equivalent to those imposed on the Gush Advocate in Clause 8.

 

9.    REPRESENTATIONS

9.1              The Gush Advocate makes the representations set out in this clause to the Company on the date of this Agreement.

9.2              The Gush Advocate has not in any way misrepresented, or given misleading information in respect of the Company or its Goods to Prospective Clients or any other party in connection with a Referral.

9.3              The Gush Advocate has taken all reasonable steps to:

9.3.1      ensure that its employees, officers, agents and advisors have received training regarding the scope, nature, and price of all Goods;

9.3.2      ensure that its employees, officers, agents and advisors are kept up to date with any changes to any Goods the Company provides, or any additional Goods that the Company may introduce from time to time; and

9.3.3      the Company is contacted by a sufficiently senior representative of the Gush Advocate if there are any doubts or questions regarding the scope, nature or price of the Goods.

 

10. CONFIDENTIALITY

10.1           The Gush Advocate undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the Company, except:

10.1.1   to its employees, officers, representatives or advisers who need to know such information for the purposes of carrying out the party's obligations under this Agreement; and

10.1.2   as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

10.2           No party shall use any other party's confidential information for any purpose other than to perform its obligations under this Agreement.

 

11. TERMINATION

11.1           Without affecting any other right or remedy available to it, the Company may terminate this Agreement with immediate effect by giving written notice to the Gush Advocate if:

11.1.1   the Gush Advocate commits a breach of any term of this Agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of ten days after being notified to do so;

11.1.2   the Gush Advocate repeatedly breaches any of the terms of this Agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this Agreement;

11.1.3   the Gush Advocate suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company or limited liability partnership) is deemed unable to pay its debts;

11.1.4   a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the Gush Advocate (being a company);

11.1.5   any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in Clause 11.1.3 to Clause 11.1.4 (inclusive);

11.1.6   the Gush Advocate suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business; or

11.1.7   the Gush Advocate is found to be making derogatory statements, badmouthing, or disparaging the Company, its brand, products, or services, in any form of communication, either publicly or privately, which could reasonably be expected to cause harm to the Company's reputation or commercial interests.

11.2           Either party may also terminate this Agreement by giving written notice to the other party of one (1) month.

 

12. CONSEQUENCES OF TERMINATION

Termination or expiry of this Agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination or expiry.

 

13. ANNOUNCEMENTS

The Gush Advocate shall not make any public announcement concerning this Agreement without the prior written consent of the Company, except as required by law, any governmental or regulatory authority (including, without limitation, any relevant securities exchange), any court or other authority of competent jurisdiction,

 

14.   ENTIRE AGREEMENT

14.1            This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

14.2           Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this Agreement.

 

15.      INDEMNITY

The Gush Advocate shall indemnify the Company against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by the Company arising out of or in connection with this Agreement and from a breach of any representation made by the Gush Advocate pursuant to Clause 9.

 

16.       VARIATION

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

 

17.       WAIVER

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 prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

 

18.       FORCE MAJEURE

18.1              Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations.

18.2              A force majeure event shall include such events as an act of God, fire, flood, typhoon, storm, war, riot, civil unrest, act of terrorism, strikes, industrial disputes, outbreak of epidemic or pandemic illness, failure of utility service or transportation.

18.3              If the period of delay or non-performance continues for one (1) month, the party not affected may terminate this Agreement by giving one (1) week of written notice to the affected party.

 

19.     RIGHTS AND REMEDIES

Except as expressly provided in this Agreement, the rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.

 

20.       SEVERANCE

20.1               If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.

20.2              If any provision or part-provision of this Agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

 

21.       NO PARTNERSHIP OR AGENCY

21.1              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, or authorise any party to make or enter into any commitments for or on behalf of any other party.

21.2              Each party confirms it is acting on its own behalf and not for the benefit of any other person.

 

 

 

22.     NOTICES

22.1              All notices required or permitted by this Agreement shall be in writing and in the English language and shall be displayed by the Company on the Interface or emailed to the recipient.

22.2              Notices shall be delivered by hand or sent by registered post, e-mail, courier or by facsimile. If delivered by hand or sent by courier, notice will be deemed given on the date of receipt, if sent by facsimile, on the date of transmission, if sent by registered post, five (5) days after being posted, and if sent by e-mail, when the sender receives an automated message confirming delivery.

 

23.       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.

 

24.       GOVERNING LAW

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 laws of the Republic of Singapore.

 

25.       DISPUTE RESOLUTION

All disputes, controversies, or differences arising out of or in connection with this Agreement, including any questions regarding its existence, validity, or termination, shall first be referred to mediation in Singapore, in accordance with the Law Society Mediation Rules for the time being in force. If the Dispute cannot be resolved in mediation, the Parties shall refer the Dispute to arbitration in Singapore in accordance with the Law Society Arbitration Scheme and the rules thereunder for the time being in force

 

Privacy Policy

This policy sets out: 

  1. the information we collect about you when you visit our website, use our products or services, or otherwise interact with us;
  2. how we use, share, store, and secure the information; and
  3. how you may access and control the information. 

In this policy, “we” refers to LivinWall Pte. Ltd., a company registered in Singapore. Our Unique Entity Number is 202036327G and our registered office is at 200 Braddell Rd, #02-09 BCA Academy Block B, Singapore 579700. “Platform” means our websites at www.gush.earth and www.partner.gush.earth.


In this policy, “personal information” refers to any data, information, or combination of data and information that is provided by you to us, or through your use of our products or services, that relates to an identifiable individual.

What information we collect about you

  1. We collect the following types of information about you:
    • account and profile information that you provide when you register for an account or sign up for our products or services, for example your name, email address, telephone number(s) (collectively, “Account Data”);
    • information you provide through support channels, for example when you report a problem to us or interact with our support team, including any contact information, documentation, or screenshots (collectively, “Support Data”);
    • communication, marketing, and other preferences that you provide us when you participate in a survey or a questionnaire that we send you (collectively, “Preference Data”);
    • information about your device or connection, for example your internet protocol (IP) address and information we collect through cookies and other data collection technologies (please read our Cookies Policy for details) (collectively, “Technical Data”); and
    • Information about your use of or visit to our Platform, for example length of visits to certain pages, and page interaction information (collectively, “Usage Data”).
  2. We collect the above information when you provide it to us or when you use or visit our Platform. We may also receive information about you from other sources, including:ur personnel, agents, advisors, consultants, and contractors based in Singapore in connection with our operations or services, for example our staff engaged in the fulfilment of your order, processing of your payment, and provision of support services;
  3. We do not collect sensitive data or special category data about you. This includes details about your race, ethnic origin, politics, religion, trade union membership, genetics, biometrics, health, or sexual orientation.

How we use information we collect

  1. We only use your personal information where the law allows us to. We use your personal information only where:
    • we need to perform the contract we have entered into (or are about to enter into) with you, including to operate our products or services, to provide customer support and personalised features, and to protect the safety and security of our Platform;
    • it satisfies a legitimate interest which is not overridden by your fundamental rights or data protection interests, for example for research and development, and in order to protect our legal rights and interests
    • you've given us consent to do so for a specific purpose, for example we may send you direct marketing materials or publish your information as part of our testimonials or customer stories to promote our products or services with your permission; or
    • we need to comply with a legal or regulatory obligation.
  2. If you have given us consent to use your personal information for a specific purpose, you have the right to withdraw your consent any time by contacting us (please refer to paragraph 8 for contact information), but please note this will not affect any use of your information that has already taken place.
  3. We do not share your personal information with any company outside our group for marketing purpose, unless with your express specific consent to do so.
  4. For visitors to or users of our Platform who are located in the European Union, we have set out our legal bases for processing your information in the Legal Bases Table at the end of this policy.

How we share information we collect

  1. We may share personal information on aggregated or de-identified basis with third parties for research and analysis, profiling, and similar purposes to help us improve our products and services.
  2. If you use any third-party software in connection with our products or services, for example any third-party software that our Platform integrates with, you might give the third-party software provider access to your account and information. Policies and procedures of third-party software providers are not controlled by us, and this policy does not cover how your information is collected or used by third-party software providers. We encourage you to review the privacy policies of third-party software providers before you use the third-party software.
  3. Our Platform may contain links to third-party websites over which we have no control. If you follow a link to any of these websites or submit information to them, your information will be governed by their policies. We encourage you to review the privacy policies of third-party websites before you submit information to them.
  4. We may share your information with government and law enforcement officials to comply with applicable laws or regulations, for example when we respond to claims, legal processes, law enforcement, or national security requests. 
  5. If we are acquired by a third party as a result of a merger, acquisition, or business transfer, your personal information may be disclosed and/or transferred to a third party in connection with such transaction. We will notify you if such transaction takes place and inform you of any choices you may have regarding your information. 

How we store and secure information we collect

  1. We use data hosting service providers based in Singapore to host the information we collect.
  2. We have adopted the following measures to protect the security and integrity of your personal information:
    • information is encrypted using TLS/SSL technology;
    • access to your personal information is restricted to personnel or service providers on a strictly need-to-know basis, who will only process your information on our instructions and who are subject to a duty of confidentiality; and
    • our information collection, storage, and processing practices are reviewed regularly. 
  3. We have put in place procedures to deal with any suspected privacy breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
  4. While we implement safeguards designed to protect your information, please note that no transmission of information on the Internet is completely secure. We cannot guarantee that your information, during transmission through the Internet or while stored on our systems or processed by us, is absolutely safe and secure.
  5. We only retain personal information for so long as it is reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. After such time, we will delete or anonymise your information, or if this is not possible, we will securely store your information and isolate it from further use. We periodically review the basis and appropriateness of our data retention policy.

Your rights

  1. You have the right to:
    • be informed of what we do with your personal information;
    • request a copy of personal information we hold about you; 
    • require us to correct any inaccuracy or error in any personal information we hold about you;
    • request erasure of your personal information (note, however, that we may not always be able to comply with your request of erasure for record keeping purposes, to complete transactions, or to comply with our legal obligations);
    • object to or restrict the processing by us of your personal information (including for marketing purposes);
    • request to receive some of your personal information in a structured, commonly used, and machine readable format, and request that we transfer such information to another party; and
    • withdraw your consent at any time where we are relying on consent to process your personal information (although this will not affect the lawfulness of any processing carried out before you withdraw your consent).  
  2. You may opt out of receiving marketing materials from us by using the unsubscribe link in our communications, by updating your preferences within your account on our Platform, or by contacting us. Please note, however, that even if you opt out from receiving marketing materials from us, you will continue to receive notifications or information from us that are necessary for the use of our products or services.
  3. As a security measure, we may need specific information from you to help us confirm your identity when processing your privacy requests or when you exercise your rights. 
  4. Any request under paragraph 5.1 will normally be addressed free of charge. However, we may charge a reasonable administration fee if your request is clearly unfounded, repetitive, or excessive.
  5. We will respond to all legitimate requests within one (1) month.  Occasionally, it may take us longer than a month if your request is particularly complex or if you have made a number of requests.

Changes to this policy

  1. We may amend this policy from time to time by posting the updated policy on our Platform. By continuing to use our Platform after the changes come into effect, you agree to be bound by the revised policy.

Policy towards children

  1. We do not knowingly collect personal information from individuals under 16. If we become aware that an individual under 16 has provided us with personal information, we will take steps to delete such information. Contact us if you believe that we have mistakenly or unintentionally collected information from an individual under 16.

Contact us

  1. Please email us at hello@gush.earth:
  2. Please contact us in the first instance if you have any questions or concerns. If you have unresolved concerns, you have the right to file a complaint with a data protection authority in the country where you live or work or where you feel your rights have been infringed.