Read-only preview of both partner term sets.
For Resellers (legal professionals, business consultants, IP service providers acting on behalf of Clients)
These Partner Terms and Conditions ("Terms") govern your participation in the MarkMaster Partner Program ("Partner Program", "we", "us", "our"). MarkMaster is an Australian self-service trade mark filing platform owned and operated by Mark Master Pty Ltd ACN 701 733 977. In these Terms, "MarkMaster", "we", "us" and "our" refer to Mark Master Pty Ltd. Our business address is Suite 17, Level 3, 1 Mona Vale Road, Mona Vale NSW 2103, Australia. MarkMaster is NOT a law firm and does NOT provide legal advice. The Platform provides technology to help you prepare and lodge Australian trade mark applications with IP Australia on behalf of your Clients, together with administrative support around those applications. By registering as a Partner and accessing the Partner Portal, you ("Partner", "you", "your") acknowledge that you have read, understood, and agreed to be bound by these Terms, along with our Privacy Policy and any applicable laws or regulations governing the provision of trade mark filing services in Australia. These Terms are governed by the laws of NSW in the Commonwealth of Australia, including the Privacy Act 1988 (Cth) and the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
For the purposes of these Terms: • Australian Consumer Law (ACL) means Schedule 2 to the Competition and Consumer Act 2010 (Cth). • Brandu Legal means the legal practice carried on by Natalie Murray-Jones under the business name "Brandu Legal". MarkMaster (operated by Mark Master Pty Ltd) and Brandu Legal are related businesses under common ownership and control. • Client refers to an end-client introduced to the Platform by the Partner for the purpose of submitting trade mark applications or related Services. • Documentation refers to any supporting documentation or materials submitted by or on behalf of a Client, including personal data, intellectual property-related assets, and any other information submitted through the Partner Portal. • Fees refers to any applicable costs of Services provided through the Partner Portal, as outlined in these Terms. • Intellectual Property Rights includes patents, copyright, trade marks, trade names, domain names, rights in goodwill, and all other intellectual property rights, whether registered or unregistered, worldwide. • Partner Portal refers to the dedicated portal and associated tools provided to Partners to submit and manage trade mark applications on behalf of their Clients. • Services refers to the trade mark-related services provided through the Partner Portal, including preparation and facilitation of Australian trade mark applications using information provided through the Portal.
The Partner Program allows approved Partners (including legal professionals, business consultants, and IP service providers) to submit and manage trade mark applications on behalf of their Clients through the Partner Portal. The Services available through the Partner Portal are administrative and platform services only: the preparation, lodgement and ongoing administration of Australian trade mark applications with IP Australia using information provided through the Portal. MarkMaster does NOT provide legal advice and does NOT act as a trade marks attorney for the Client. Where a Client requires legal advice (including in relation to registrability, substantive examination objections or oppositions), MarkMaster will not act on the Client's behalf in any legal capacity. The Client may request a referral to a legal professional via the Platform, or the Partner may engage their own legal practitioner — any such engagement is between the Client (or Partner) and that legal professional. You should be aware that one firm to which MarkMaster may refer a Client is Brandu Legal, which is operated by the same person who operates MarkMaster; the disclosure and conflict-of-interest position relating to that referral is set out in clause 5. Partners may also provide their own commercial, project management or general business consulting services to their Clients under the Partner Engagement. The commercial relationship with the Client is owned and managed by the Partner. Registration or use of the Services does not guarantee trade mark approval or successful registration. Approval of trade mark applications is at the sole discretion of IP Australia. We have no control over their decision-making processes. The Partner's right to access the Partner Portal is personal, non-transferable, and subject to continued compliance with these Terms.
As a Partner, you agree to: (a) Ensure that all Documentation, personal data, and information submitted on behalf of Clients is true, complete, accurate, and lawful, and that you have obtained all necessary authority and consent from the relevant Client to submit such information. (b) Comply with all applicable laws and professional obligations, including (where applicable) obligations under the Legal Profession Uniform Law, the Trade Marks Act 1995 (Cth), the Privacy Act 1988 (Cth), and the Australian Privacy Principles. (c) Ensure that trade mark details submitted through the Portal — including classifications, descriptions, logos, and designs — are accurate and lawful for use in Australia. (d) Maintain the confidentiality and security of your Partner Portal login credentials and ensure no unauthorised person accesses the Portal through your account. (e) Promptly notify us if you become aware of any unauthorised access to or use of your Partner Portal account. (f) Not misuse the Portal, including for any unlawful, fraudulent, defamatory, or abusive purposes. (g) Not reverse-engineer, decompile, copy, or commercially exploit any portion of the Platform without our prior written consent. If you provide inaccurate, misleading, or fraudulent information in connection with any trade mark application, we reserve the right to suspend or terminate your Partner access, refuse further Services, report your conduct to relevant authorities including IP Australia, and pursue all available legal remedies.
You acknowledge that you are responsible for managing your own commercial relationship with each Client (including project scoping, fee handling, and any non-trade-marks services you offer), and for obtaining the Client's informed consent to submit applications on their behalf through the Platform. You must not make any representations to Clients that: (a) we guarantee registration or take responsibility for any particular outcome of their trade mark application; or (b) MarkMaster provides legal advice or acts as the Client's legal representative or trade marks attorney. Where a Client requires legal advice in relation to their trade mark, you must advise the Client to obtain that advice from a qualified legal practitioner or registered trade marks attorney, and you must not represent that any referral made through the Platform is to a firm that is independent of MarkMaster. The Client may request a referral via the Platform. Disclosure of related practice. You acknowledge and agree that one firm to which MarkMaster may refer a Client under the "Request Legal Advice" pathway is Brandu Legal. MarkMaster and Brandu Legal are not independent of one another: they are related businesses under common ownership and control — MarkMaster is the filing platform operated by Mark Master Pty Ltd, and Brandu Legal is the legal practice carried on by Natalie Murray-Jones. A referral to Brandu Legal is therefore a referral to a related business, and an inherent conflict of interest arises from that common ownership. MarkMaster does not charge or receive any separate commission or referral fee for making the referral. Neither the Partner nor the Client is under any obligation to accept a referral to Brandu Legal, and each remains free to engage any Australian legal practitioner or registered trade marks attorney of their own choosing, independent of MarkMaster and Brandu Legal. Partner to pass on disclosure. Before recommending or facilitating a referral through the Platform, the Partner must disclose to the Client, in a manner the Client can understand, that MarkMaster and Brandu Legal are operated by the same person and that a referral to Brandu Legal is not a referral to an independent firm. Where the Partner is itself a law practice or legal practitioner, the Partner remains responsible for its own obligations under the Legal Profession Uniform Law and applicable conduct rules in relation to referrals, conflicts and informed consent, and nothing in these Terms relieves the Partner of those obligations. You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses arising from your relationship with any Client, including any claims by Clients arising from the submission of their trade mark applications through the Partner Portal.
Fees for Services are as displayed in the Partner Portal at the time of submitting each application. Fees are not legal fees and are not regulated as legal costs, because MarkMaster does not provide legal advice. Fees are quoted in Australian Dollars (AUD) and include GST unless otherwise stated. Government filing fees payable to IP Australia are passed through at cost and are not subject to any markup, except as explicitly disclosed in the fee schedule. All fees are payable at the time of application submission unless a separate credit arrangement has been agreed in writing. We reserve the right to vary our fees with reasonable notice to Partners. Partners are responsible for any applicable credit card surcharges as disclosed during checkout. Fees once paid are non-refundable except where required by Australian Consumer Law. Any mark-up the Partner charges the Client over and above MarkMaster's fees is set, invoiced and collected by the Partner under the Partner Engagement, and is a matter solely between the Partner and the Client.
We retain all rights, titles, and interests — including all Intellectual Property Rights — in the Partner Portal, its proprietary functionality, content, designs, software, and any improvements thereto. By submitting Documentation or Client content through the Portal, the Partner grants us a non-exclusive, royalty-free licence to use, store, reproduce, and process such content solely for the purpose of providing the requested Services. This licence terminates upon completion of the Services, except where retention is required by law or for legitimate business purposes such as record-keeping or compliance. Partners and their Clients retain all ownership rights in the trade marks, logos, and other intellectual property submitted through the Portal. Nothing in these Terms transfers any Intellectual Property Rights to us. You warrant that all content submitted through the Portal does not infringe any third party's Intellectual Property Rights and that you have all necessary authority to submit it. You agree to indemnify us against any claims arising from any such infringement.
Both parties agree to keep confidential all information received from the other party that is identified as confidential or that would reasonably be understood to be confidential, and not to disclose such information to any third party without the other party's prior written consent, except as required by law. We will handle all personal information submitted through the Portal in accordance with our Privacy Policy and the Privacy Act 1988 (Cth), including the Australian Privacy Principles. As a Partner, you are responsible for ensuring that your Clients consent to their personal information being shared with us for the purpose of preparing and filing trade mark applications.
To the maximum extent permitted by applicable law (including the ACL), we exclude all liability for any loss or damage (including indirect, consequential, special, or punitive loss) arising from or in connection with your use of the Partner Portal or the Services, including loss of profit, loss of data, or loss of business opportunity. Our total aggregate liability to you under or in connection with these Terms (including for any Services) is limited to the total fees paid by you to us in the twelve (12) months preceding the relevant claim. Nothing in these Terms excludes or limits any rights you may have under the Australian Consumer Law that cannot be lawfully excluded or limited.
Either party may terminate a Partner's access to the Partner Portal by providing written notice. We may suspend or immediately terminate Partner access without notice if we reasonably believe a Partner has breached these Terms, engaged in fraudulent conduct, or poses a risk to us, our Clients, or any third party. Upon termination, your right to access the Partner Portal ceases immediately. Outstanding fees remain payable. Clauses relating to intellectual property, confidentiality, indemnity, and limitation of liability survive termination.
By submitting a trade mark application through the Partner Portal, the Partner irrevocably acknowledges and agrees to the following: (a) Address for Service: Mark Master Pty Ltd (ACN 701 733 977) will be recorded as the address for service against the trade mark application with IP Australia. This is an administrative arrangement only — it does not make MarkMaster the Client's legal representative or trade marks attorney, and does not give MarkMaster authority to provide legal advice or take substantive steps on the Client's behalf without the Client's instructions. The Partner acknowledges that this is a requirement of using the Platform's filing services and consents to MarkMaster acting in this capacity for the duration of the application process. (b) No Legal Representation: The Partner acknowledges that MarkMaster does NOT provide legal advice or act as the Client's trade marks attorney. Where the Client requires legal advice (including in connection with substantive examination objections or oppositions), the Client must obtain that advice from a qualified legal practitioner or registered trade marks attorney, whether Brandu Legal (subject to the disclosure in clause 5) or a practitioner of the Client's own choosing. (c) Right to Contact Client Directly: Where any of the following events arise in connection with a trade mark application submitted through the Partner Portal, the Partner expressly authorises MarkMaster to contact the Client directly, without the need for prior notice to the Partner: (i) the trade mark application is rejected, refused, or objected to by IP Australia at any stage of examination; (ii) a notice of opposition or third-party opposition proceeding is filed against the application; (iii) IP Australia issues an adverse examination report, including any citation of conflicting trade marks; (iv) the application lapses, is withdrawn, or requires urgent action to preserve the Client's rights; (v) any other issue arises that may materially affect the Client's trade mark application or IP rights. (d) Partner Obligation to Notify Client: Prior to submitting any application through the Partner Portal, the Partner must inform their Client that: (i) MarkMaster will be recorded as the address for service on the application with IP Australia for administrative purposes; (ii) MarkMaster is not a law firm and does not provide legal advice in respect of the Application; (iii) MarkMaster may contact the Client directly in the circumstances described in clause (c) above; (iv) the Client's contact details provided in the application form may be used by MarkMaster for these purposes; and (v) if the Client is referred to Brandu Legal through the Platform, that referral is to a legal practice operated by the same person who operates MarkMaster and is not a referral to an independent firm, as disclosed in clause 5. (e) Indemnity: The Partner agrees to indemnify and hold harmless MarkMaster from any claims, losses, or damages arising from the Partner's failure to obtain the Client's informed consent or to make the disclosures required under clause (d) above. (f) No Conflict (Partner): The Partner acknowledges that MarkMaster's direct communication with a Client in the circumstances described in this clause does not constitute a conflict of interest as between MarkMaster and the Partner, or a breach of any duty owed to the Partner, and the Partner waives any such claim. For the avoidance of doubt, this clause does not waive, and nothing in these Terms purports to waive, any conflict of interest as between MarkMaster and Brandu Legal on the one hand and a Client on the other, which is addressed by disclosure under clause 5.
The Name Availability Search tool ("Search Tool") available through the Partner Portal is provided as a preliminary, indicative resource only. It is not a substitute for a formal trade mark clearance search conducted by a qualified trade mark attorney, nor does it constitute legal advice. The Search Tool draws on AI-assisted analysis and publicly available information, including data from IP Australia and other third-party registers that MarkMaster does not control. Results may be incomplete, inaccurate, or out of date. To the maximum extent permitted by law, and subject to any rights under the ACL that cannot be excluded, MarkMaster makes no representations or warranties — express or implied — as to the accuracy, reliability, completeness, or fitness for purpose of any search results generated through the Search Tool. By using the Name Availability Search, the Partner agrees to indemnify, defend, and hold harmless Mark Master Pty Ltd (ACN 701 733 977), and its officers, employees and agents, from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) the Partner's or any Client's reliance on the results of the Name Availability Search in selecting, adopting, or filing a trade mark or business name; (b) any trade mark infringement, business name conflict, or passing off claim arising from a name identified or not identified through the Search Tool; (c) any loss suffered by a Client arising from reliance on Search Tool results, including rejection of a trade mark application by IP Australia or any third-party opposition; and (d) any decision made by the Partner or their Client to proceed with a trade mark application, business name registration, or commercial use of a name based in whole or in part on Search Tool results. The Partner acknowledges that it is solely responsible for conducting appropriate due diligence — including engaging a qualified trade mark attorney — before advising any Client to adopt or file a name. To the maximum extent permitted by law, MarkMaster's liability in connection with the Search Tool is excluded. Nothing in this clause excludes, restricts or modifies any right or remedy the Partner has under the ACL that cannot lawfully be excluded.
We reserve the right to amend these Terms at any time. We will provide Partners with reasonable notice of any material changes. Continued use of the Partner Portal following such notice constitutes your acceptance of the amended Terms. If you do not agree with any amendments, you must cease using the Portal and notify us in writing.
These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia.
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