Dulux Avista Accredited Applicator (DAAA) Terms & Conditions

Congratulations! You have progressed to the final stage in completing your Dulux Avista Accredited Applicator Program membership.

Please read the following sections below to ensure you fully understand the membership criteria and the obligations to be upheld by both yourself, as well as Dulux.

1. Dulux Avista Accredited Applicator Program Charter of Values
2. Terms and Conditions
3. Schedule 1 – Criteria for becoming a Dulux Avista Accredited Applicator
4. Schedule 2 – Complaint Handling Procedure
5. Schedule 3 – Dispute Resolution Policy
6. Schedule 4 – Dulux Avista Accredited Applicator Talent Release Form

At the conclusion of this documentation, you must indicate your acceptance of the full criteria and terms and conditions by pressing the “Accept” button. Without taking this step, you will not progress as a recognised Dulux Avista Accredited Applicator.

Members must make a commitment to upholding the ‘Dulux Avista Accredited Applicator Program Charter of Values’. The Charter was developed in partnership with Dulux Avista Accredited Applicator Program Members to clearly define the level of behaviour expected while in the Program. The Charter can also be used as a marketing tool to your clients.

Integrity

1. We are honest and ethical in everything we do.

2. We keep our commitments and treat our clients with respect.

Customer satisfaction

3. Our success is measured by the delight of our customers.

4. We strive to exceed industry standards in customer service and innovative decorative concrete solutions.

Excellence

5. We pride ourselves on the quality of our craftsmanship.

6. We are committed to achieving excellence in the operational and administrative aspects of the business.

Sustainable solutions

7. We take care and responsibility for our environment by utilising best practice waste management systems.

8. We adhere to local and national regulations.

Health and safety

9. We are committed to ensuring that the safety of our employees, our clients and our community is never compromised.

10. We comply with all OH&S legislation and onsite regulations.

RECITALS:

A. Dulux Avista manufactures and sells a range of decorative concrete products that can add colour, texture and patterns to concrete surfaces.

B. The Applicator is a professional Applicator who Dulux Avista has determined meets Dulux Avista’s minimum criteria for accreditation as a Dulux Avista Accredited Applicator.

C. Dulux Avista and the Applicator have agreed that the Applicator may act as a Dulux Avista Accredited Applicator of Dulux Avista’s decorative concrete products on the terms and conditions of this Agreement.

IT IS AGREED:

1.DEFINITIONS

The following definitions apply unless the context requires otherwise.

Confidential Information means any information that relates to Dulux Avista, Parchem Construction Supplies Pty Ltd or DuluxGroup products that:

(a) is disclosed to the Applicator by or on behalf of Dulux Avista; or

(b) is otherwise acquired by the Applicator directly or indirectly from Dulux Avista; or

(c) is generated by the Applicator solely or jointly with others in the course of performing this Agreement; or

(d) otherwise comes to the knowledge of the Applicator, whether the information is in oral, visual or written form or is recorded in any other medium.

Corporations Law means the Australian Corporations Act 2001 (Cth).

Dulux Avista is a division of Parchem Construction Supplies Pty Ltd.

Dulux Avista Accredited Applicator means a person who is accredited by Dulux Avista, at its own discretion, as meeting the Minimum Accreditation Criteria.

Dulux Avista Products means products sold by Dulux Avista, including but not limited to, Dulux Avista Concrete Sealers range, Dulux Avista Internal Flooring range, Dulux Avista Resurfacing range, Dulux Avista Wet Concrete range and Dulux Avista Concrete Repair range.

DuluxGroup means DuluxGroup (Australia) Pty Ltd and its Related Bodies Corporate

Minimum Accreditation Criteria means the minimum criteria for accreditation as a Dulux Avista Accredited Applicator set out in Schedule 1 as amended by Dulux Avista from time to time in its discretion.

Related Body Corporate has the same meaning as under the Corporations Act 2001 (Cth) and any regulations made under it.

Services means the application of decorative concrete and other similar services supplied under or by reference to any trade mark, or in relation to which the trade mark is applied (where applied in relation to has the meaning given to it in section 9(1) of the Trademarks Act 1995 (Cth).

Trade mark means the “Dulux Avista Accredited” trade mark owned by Parchem Construction Supplies Pty Ltd.

2. APPOINTMENT OF DULUX AVISTA ACCREDITED APPLICATOR

2.1 The Applicator may represent itself as being “Dulux Avista Accredited” subject to the terms of this Agreement.

2.2 Unless waived or reduced in writing by Dulux Avista, the Applicator must pay an annual fee of AUD $500 (GST inclusive), or such other amount as may be notified by Dulux Avista from time to time, in quarterly instalments as a contribution to the costs incurred by Dulux Avista in running the Dulux Avista Accredited Applicator Program.

2.3 Dulux Avista may withdraw the Applicator’s right to represent itself as being a Dulux Avista Accredited Applicator and terminate this Agreement without cause at any time by written notice to the Applicator. Such notice will take effect according to its terms and may take effect immediately. In the event that Dulux Avista terminates this Agreement without cause, the Applicator will receive a pro rata refund of the fee charged under clause 2.2.

2.4 At all times throughout the term of this Agreement, the Applicator must demonstrate to Dulux Avista’s reasonable satisfaction that the Applicator continues to satisfy the Minimum Accreditation Criteria.

2.5 In the event that the Applicator is unable to satisfy Dulux Avista that it continues to satisfy the Minimum Accreditation Criteria, Dulux Avista may immediately withdraw the Applicator’s right to represent itself as being “Dulux Avista Accredited” and terminate this Agreement.

2.6 The relationship of the parties is that of independent contractors and the Applicator is not an agent of Dulux Avista for any purpose. The Applicator is not authorised to do business in the name of Dulux Avista or to bind Dulux Avista in any way, or hold itself out as having the capacity to do so. The Applicator must not make any representations, promises or warranties on behalf of Dulux Avista.

2.7 The Applicator must not become a registered, approved or accredited Applicator in relation to any decorative concrete product or company which competes with Dulux Avista or DuluxGroup.

2.8 The Applicator must not display, promote, or market their business alongside a company logo or trade mark that belongs to a competitor of Dulux Avista or DuluxGroup.

3. DULUX AVISTA’S OBLIGATIONS

Dulux Avista may provide the Applicator with catalogues, brochures and other promotional or support material that the Applicator may use to improve sales of Dulux Avista products. Such materials will remain the property of Dulux Avista and must be returned to Dulux Avista upon request or the termination of this Agreement.

4. APPLICATOR’S OBLIGATIONS

4.1 The Applicator must refrain from any conduct which could be harmful to the reputation or marketing of Dulux Avista or DuluxGroup products.

4.2 The Applicator agrees to purchase the following minimum amounts of Dulux Avista available products by volume assessed monthly:

– At least 90% of all decorative concrete product purchases throughout the accreditation period; and

At all times the Applicator must work diligently to obtain orders for the application of Dulux Avista products. The Applicator must keep proper and accurate records containing all information and financial statements as to the purchase of decorative concrete products and the receipts in respect of the decorative concrete products purchased by the Applicator. Dulux Avista may inspect this information upon reasonable notice. For avoidance of doubt the Applicator shall not be required to comply with the obligations of this clause where a decorative concrete project is specified in a competitor product and cannot be converted to Dulux Avista decorative concrete products or where products required on a project are not manufactured by Dulux Avista or DuluxGroup.

4.3 The Applicator must ensure that all Services supplied by the Applicator and any employees, agents or contractors of the Applicator are provided in a professional, effective and efficient manner, with due care and skill.

4.4 The Applicator may not employ any person or engage any contractor or agent in relation to the Applicator’s supply of Services unless that person has the necessary skills, qualifications and experience to provide the Services for which that person is to be employed or is employed in a professional, effective and efficient manner with due care and skill.

4.5 The Applicator must use its reasonable endeavours to resolve all customer complaints in a professional, efficient, and equitable manner consistent with enhancing the good name of the Applicator, Dulux Avista and DuluxGroup. Where a customer complaint is brought to the attention of Dulux Avista, the Applicator must co-operate with Dulux Avista in seeking to resolve the complaint in accordance with the Complaints Handling Procedure set out in Schedule 2.

4.6 The Applicator must allow representatives of Dulux Avista to inspect or investigate any of the projects that the Applicator is working on using the Dulux Avista decorative concrete products. The Applicator acknowledges that such inspection may be made during or after a project and may be made without notice to the Applicator.

4.7 The Applicator may not engage in conduct, or make any representation, which may suggest to any person that Dulux Avista is the provider of the Services, that the Applicator is for any purposes the agent of Dulux Avista, or that the Applicator promotes or sells any of the Services on behalf of Dulux Avista.

4.8 Any warranty or guarantee offered by the Applicator to its customers is personal to the Applicator, this includes the 8 Year Applicator’s Workmanship Warranty. The Applicator must not in any way represent that such warranty or guarantee is endorsed or backed by Dulux Avista. Any misrepresentation with respect to a warranty or guarantee will result in the Applicator’s immediate removal from the Dulux Avista Accredited Program.

4.9 The Applicator must sign and in doing so agree to uphold the Dulux Avista Accredited Applicator Program Charter of Values at all times. Failure to do so will result in the Applicator’s immediate removal from the Dulux Avista Accredited Program.

4.10 The applicator must complete the relevant (online) training modules prior to their commencement as a Dulux Avista Accredited Applicator. They must remain up to date with any new compulsory product training that becomes available. Product trainings include (but are not limited to) online training modules, Dulux Trade Centre Training and Dulux Academy Training on new or existing Dulux Avista products.

4.11 The Applicator must set up a DuluxGroup trading account (adhering to the trading terms) which should be solvent at all times. All Dulux Avista product purchases should go through this account.

4.12 The Applicator must upon request provide appropriate documentation pertaining to the Applicator holding a certificate of currency for insurance providing a minimum public liability cover of $5 Million. This documentation must be provided to Dulux Avista authorised agent – Ebix Trades Monitor.

4.13 The Applicator must make every reasonable effort to attend and participate in all of the Dulux Avista Accredited Program’s sanctioned events. Failure to do so could result in the Applicator’s membership being reviewed or termination of this Agreement.

5. CONFIDENTIALITY

5.1 The Applicator agrees to hold in confidence any and all Confidential Information. The Applicator must limit disclosure of such Confidential Information only to those of its employees who need to have access to it for the performance of their duties. The Applicator acknowledges that all Confidential Information disclosed to it by Dulux Avista prior to the Commencement Date will be deemed to have been disclosed to it pursuant to the provisions of this clause.

5.2 The provisions of sub-clause 5.1 shall not apply to any information which:

(a) was in fact known by the Applicator prior to its receipt from Dulux Avista;

(b) is now or hereafter (other than as a result of the act or omission of the Applicator) generally known in the industry; or

(c) is provided to the Applicator by a third party having no obligation to Dulux Avista directly or indirectly with respect to the Confidential Information.

5.3 The obligations concerning confidentiality in this clause and limitation on use of Confidential Information will survive the expiration or termination of this Agreement.

6. TRADE MARKS AND DULUX AVISTA ACCREDITED REPRESENTATIONS

6.1 The Applicator will be entitled to use the Trade Mark in promoting the Applicator’s business, provided it does so in accordance with the terms of this Clause (the “Licence”). The Licence is a non-exclusive and non-transferable and is limited to the reproduction, use and display of the Trade Mark solely in relation to the provision and promotion of Services by the Applicator within Australia.

6.2 The Applicator may not use the Trade Mark and any Dulux Avista Accredited representations except in accordance with the standards, directions and specifications set or provided by Dulux Avista from time to time, or in specific advertising, promotional, display or other material used by the Applicator without the prior written consent of Dulux Avista.

6.3 Without limiting Clause 6.2, the Applicator must ensure that on all documents on which the Trade Mark is applied, there appears a written statement to the effect that the Trade Mark is a registered Trade Mark of DuluxGroup and is used by the Applicator under licence.

6.4 The Applicator recognises and agrees that the Trade Mark is the property of DuluxGroup. Nothing in these Terms and Conditions will be construed as granting the Applicator any proprietary rights in the Trade Mark.

6.5 The Applicator acknowledges that all use of the Trade Mark by it will be deemed to be used by Dulux Avista and DuluxGroup. All right, title and interest in the Trade Mark, including any good will resulting from the use of the Trade Mark and any Dulux Avista Accredited representations by the Applicator belongs to and ensures wholly to the benefit of Dulux Avista and DuluxGroup as the owner of the Trade Mark.

6.6 The Applicator will use the Trade Mark and any Dulux Avista Accredited representations only in relation to the Services and may not use the Trade Mark or a substantially identical or deceptively similar Trade Mark or Dulux Avista Accredited representations on any goods or in relation to any other services.

6.7 The Applicator may not use any Dulux Avista Accredited representations or trade mark (other than the Trade Mark), company, name or business name which comprises or includes any words or symbols which are substantially identical or deceptively similar to any Trade Mark (or Dulux Avista Accredited representations) or to any stylised form of any Trade Mark (or Dulux Avista Accredited representations) as used or licensed by Dulux Avista or DuluxGroup.

6.8 Each party shall notify promptly the other party of the action of any third person which may amount to an infringement of Dulux Avista or DuluxGroup’s rights in relation to the Trade Mark and any Dulux Avista Accredited representations and the Applicator must (at the request of and at the cost of Dulux Avista) provide to Dulux Avista all information and assistance in any proceeding which may be brought against any third person. The Applicator has no rights to bring an action for infringement of the Trade Mark or to defend the rights of Dulux Avista to the Trade Mark and Dulux Avista will have absolute control over any litigation involving or affecting the Licence and the Applicator may not initiate proceedings for infringement in respect of the Trade Mark.

7. WARRANTIES, LIABILITY AND INDEMNITY

7.1 The Applicator must at all times indemnify and keep indemnified Dulux Avista from and against all actions, claims, charges, costs, expenses, losses, damages and other liability as a direct or indirect result of the Applicator’s sale of Services or the use of the Trade Mark by the Applicator.

7.2 So far as the law permits, Dulux Avista is not liable for any indirect or consequential loss or damage or loss of profits arising out of Dulux Avista’s performance of, or failure to perform, this Agreement.

7.3 The Applicator must effect Products and Public Liability Insurance to indemnify the Applicator for liability for loss or damage to property or death or injury to any person for an amount of not less than $5 million for any one occurrence. This documentation must be provided to upon request to Dulux Avista authorised representative – Ebix Trades Monitor on an annual basis. The Applicator must provide Dulux Avista with a certificate of currency upon request.

8. DURATION AND TERMINATION

8.1 This Agreement commences on signing and continues until terminated in accordance with the terms of this Agreement.

8.2 Without limiting any other Clause of this Agreement, this Agreement may be terminated by either party giving to the other notice in writing to such effect.

8.3 Without limiting any other Clause of this Agreement, Dulux Avista will be entitled to terminate this agreement by notice in writing to the Applicator at any time after the happening of any of the following events:

(a) In Dulux Avista’s opinion, the Applicator is in breach of any obligations of this Agreement;

(b) the Applicator engages in any fraudulent conduct or wilful misstatement in its business;

(c) the Applicator is in breach of any of the obligations of this agreement such that, in Dulux Avista’s opinion, the reputation of the Trade Mark, Dulux Avista or any business of Dulux Avista or DuluxGroup is or is likely to be damaged;

(d) the Applicator is convicted of a serious offence or an offence that is substantially related to the Applicator’s business which is punishable by a term of imprisonment;

(e) the Applicator operates the business in a way that endangers public health or safety; or

(f) the Applicator dies, ceases to be of full legal capacity; or

(g) the Applicator ceases to maintain a solvent Dulux Avista trading account; or

(h) the Applicator:

(i) stops or suspends or threatens to stop or suspend payment of all or a class of its debts;

(ii) is insolvent within the meaning of section 95A of the Corporations Law;

(iii) must be presumed by a court to be insolvent by reason of section 459C(2) of the Corporations Law;

(iv) fails to comply with a statutory demand (within the meaning of section 459F(1) of the Corporations Law);

(v) has an administrator appointed over all or any of its assets or undertaking or any step preliminary to the appointment of an administrator is taken;

(vi) has a controller within the meaning of section 9 of the Corporations Law or similar officer appointed to all or any of its assets or undertaking; or

(vii) has an application or order made, proceedings commenced, a resolution passed or proposed in a notice of meeting, an application to a court made or other steps taken against or in respect of it (other than frivolous or vexatious applications, proceedings, notices or steps) for its winding up or dissolution or for it to enter an arrangement, compromise or composition with or assignment for the benefit of its creditors, a class of them or any of them.

8.4 Any termination of this agreement will be without prejudice to the rights and obligations of the parties accrued at the time of termination.

8.5 Upon the expiration or termination of this agreement for any reason whatsoever, the Applicator:

(a) must immediately cease to use the Trade Mark and any Dulux Avista Accredited representations in any manner whatsoever and remove any reference to the Trade Mark and any Dulux Avista Accredited representations which may exist on the Applicator’s premises, vehicles, stationery, invoices, labels, clothing, websites or other promotional or display materials; and

(b) Must immediately cancel all references to the Trade Mark and any Dulux Avista Accredited representations on boardings or other advertisements or in directories or other books of reference on a reprinting which are related to or connected to the Applicator;

(c) must immediately return to Dulux Avista all catalogues, brochures and other promotional or support material bearing the Trade Mark and any Dulux Avista Accredited representations which have been provided by Dulux Avista;

(d) must, if requested by Dulux Avista, provide Dulux Avista with a statutory declaration confirming compliance with Clauses 8.5(a), (b) and (c); and

(e) other than termination under Clause 2.3, will not be entitled to a refund of the Accreditation Fee.

9. GENERAL

9.1 This Agreement and any conditions or warranties implied by law that are not capable of being excluded or modified constitute the entire agreement between the parties with respect to its subject matter. This Agreement, unless otherwise specifically provided, supersedes all prior agreements and understandings between the parties in connection with it.

9.2 No amendment or variation of this Agreement is valid or binding on a party unless made in writing executed by both parties.

9.3 The rights and obligations of the Applicator under this Agreement are personal and not proprietary. The Applicator may not assign, transfer, encumber or otherwise deal with any of its rights or obligations under this Agreement without the prior consent of Dulux Avista. Dulux Avista may assign any of its rights under this agreement without Applicator’s consent to a Related Body Corporate.

9.4 Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability and does not invalidate the remaining provisions of this Agreement nor affect the validity or enforceability of that provision in any other jurisdiction.

9.5 If any provisions of this Agreement are incompatible with any applicable laws or regulations, including applicable competition and trade practices legislation and regulations, then the parties agree to negotiate in good faith any amendments to the Agreement that may be necessary to ensure compliance with those laws and regulations.

9.6 This Agreement is governed by the laws of Victoria. Each party submits to the nonexclusive jurisdiction of courts exercising jurisdiction there in connection with matters concerning this Agreement.

9.7 Any notice, request or demand given or made under this Agreement must be in writing and signed by a person duly authorised by the sender and shall be properly served if posted, faxed or otherwise delivered to the address or fax number of either party as set out on Page 1 of this Agreement, or any other address nominated by Dulux Avista or Applicator as its address for service from time to time.

10. DISPUTE RESOLUTION

The Applicator agrees that it will abide by the Dulux Avista Accredited dispute resolution policy set out in Schedule 3

11. PRIVACY NOTICE AND CONSENT

Your privacy is important to us: In the course of applying to be part of the Dulux Avista Accredited Applicator program, you may provide us with ‘personal information’ within the meaning of the Privacy Act. We may use this information to disclose it to third parties in order to administer and promote Dulux Avista products, the Dulux Avista Accredited Applicator Program and relevant business services. Dulux Avista (and its marketing and communications agencies on its behalf) may also use your name and contact details to send you information for this purpose. Dulux Avista may also disclose the information to contractors, market research organisations, marketing and communications agencies and related bodies for this purpose. If you do not provide the personal information requested, we will not be able to fulfil your request. We may also exchange your personal information with other related companies and our service providers, such as delivery companies and technology providers.

Dulux Avista will from time to time make recordings in various formats. These recordings include photographic or movie film, videotape, audiotape, computer files and printed matter, for the purpose of marketing and promoting DuluxGroup and its Dulux Avista Accredited Applicator Program, in any format or media now known or later created, including on websites. Please read Schedule 4 – Dulux Avista Accredited Applicator Talent Release Form for full details. Acceptance of the member terms and conditions includes acceptance of the Talent Release conditions.

Please refer to our Privacy Policy, available on our website (www.duluxavista.com.au/privacy) or on request. It contains further details about: (i) the personal information we collect; (ii) what we do with it; (iii) where we send it; (iv) how you can access and correct it; (v) how you can lodge a privacy complaint regarding the handling of your personal information; (vi) how we handle those complaints; (vii) online privacy; and (viii) the types of service providers we use. If you have any questions regarding the way Dulux Avista handles your personal information or wish to seek access to, or correct, personal information we hold about you, please contact our Privacy Officer via privacy@duluxgroup.com.au or call +613 9263 5678

In order to retain the right to represent itself as a Dulux Avista Accredited Applicator, an Applicator must
at all times:

1. Be recommended for the Dulux Avista Accredited Applicator Program by a relevant Dulux Avista Account Manager and meet the selection criteria as detailed by an authorised Dulux Avista Account Manager.
2. Be a professional Applicator carrying on a business as a professional Applicator.
3. Read, complete and sign the Member Agreement, inclusive of the Charter of Values document and membership obligations.
4. Maintain a solvent DuluxGroup 30-day trading account and adhere to the trading terms at all times.
5. Hold a current policy pertaining to Public Liability Insurance for an amount not less than $5,000,000 for any one occurrence (providing proof of such).
6. Provide Dulux Avista with two client references for work completed in the previous 12 months upon application to become a Dulux Avista Accredited Applicator or at any other time if requested by Dulux Avista. The references given must be acceptable to Dulux Avista in its absolute discretion.
7. Have the quality of your workmanship inspected to ensure it meets the standards expected of a Dulux Avista Accredited Applicator.
8. Be prepared to offer an eight-year workmanship warranty, on selected products, in accordance with the terms and conditions outlined in the respective warranty certificate.
9. The applicator must complete the relevant online training modules prior to their commencement as a Dulux Avista Accredited Applicator. They must remain up to date with any new compulsory product training that becomes available. Product trainings include (but are not limited to) online training modules, Dulux Trade Centre Training and Dulux Academy Training on new or existing Dulux Avista products.
10. Be able to apply Dulux Avista decorative concrete products; There are two levels of Dulux Avista knowledge expectations:
    1. Avista Essentials Applicator: Resurfacing (stencil preferred but not mandatory) sealing, epoxy & flake flooring
    2. Avista Advanced Applicator: Full range of Dulux Avista product application. (As per Dulux Avista Essentials plus stencil and wet concrete).

    Wet/new concrete knowledge/experience is not mandatory however if this skillset is applicable, this will enable Dulux Avista to channel the appropriate leads to the appropriate Applicators.

11. Abide by the respective state based legislation pertaining to the responsible disposal of waste decorative concrete product materials and have an environmentally responsible process to manage wash up for all jobs at all times.
12. Abide by the respective state based legislation pertaining to the provision of a safe work environment and comply with any relevant workplace health and safety laws at all times.

Note: The Applicator must use its reasonable endeavours to resolve all customer complaints without involving Dulux Avista. The Applicator must do so in a professional and equitable manner consistent with enhancing the good name of the Applicator, Dulux Avista and DuluxGroup.

The following Complaint Handling Procedure applies only where, despite the Applicator’s best efforts, a customer complaint is brought to the attention of Dulux Avista. In this case, the Applicator must co-operate with Dulux Avista in seeking to resolve the complaint in accordance with the following Complaints Handling Procedure.

How can disputes be resolved?

A dispute may be resolved through:

• a negotiated outcome, where the parties concerned negotiate an agreed outcome;
• a mediated outcome, where the parties concerned use the services of an independent mediator to help them arrive at an agreed outcome; or
• a unilateral DuluxGroup determination, where Dulux Avista determines how the dispute is to be resolved and makes a non-negotiable decision to this effect.

Dispute Management Commitment

The Dulux Avista Trade Management team governing the Dulux Avista Accredited Applicator Program is committed to the implementation of this Policy by:

Ensuring that Dulux Avista Accredited Members are aware of the Policy; and by implementing management and reporting procedures to ensure timely and effective dispute resolution, and monitoring. And;

The establishment of a register to record:

• The date the dispute occurred or issue was raised;
• The name and contact details of the Member(s) who were subject to the incident or dispute;
• The nature of the dispute or complaint;
• Any action taken to investigate the dispute, details of the findings and the date and manner by which those involved were informed of the result.

Procedure for managing disputes between Members and/or complaints by Members about other Members:

1. In the first instance, Members should register their complaint or concern in writing with their Dulux Avista Account Manager. The Dulux Avista Account Manager will endeavour to resolve the issue at first instance by communicating with both parties involved.

2. If an issue remains unresolved, the Dulux Avista Account Manager will notify their Dulux Avista State Manager and the Dulux Avista Accredited Program Manager. This will initiate a formal investigation into the matter and official registration in the Complaints System.

The Dulux Avista Accredited Applicator Program dispute resolution process is strictly confidential in order to guard against unnecessary incrimination or discrimination.

1. I authorise DuluxGroup, its employees, representatives and assigns, and those acting with DuluxGroup’s authority and permission, the absolute right to record my name, likeness, image, voice, and performance on photographic or movie film, videotape, audiotape, computer files or otherwise (Recordings) for use, in whole or in part, in perpetuity worldwide by DuluxGroup and those it designates for the purpose of marketing and promoting DuluxGroup and its Dulux Avista Accredited Applicator Program, in any format or media now known or later created, including on websites.  I also consent to the use of any printed matter in conjunction therewith.
2. I agree that Dulux Avista will have approval on any crop, retouching and colour matching for the finished photography.
3. I hereby grant and assign to DuluxGroup all right, title and interest in and to the Recordings and assign to DuluxGroup absolutely and in perpetuity any rights I may have to the Recordings.
4. I hereby waive any right that I may have to inspect or approve the Recordings or the advertising copy or printed matter that may be used in connection with the Recordings and acknowledge that DuluxGroup has no financial obligation to me for the Recordings or this agreement.

5. I hereby release, discharge and agree to hold harmless DuluxGroup, and all persons or entities acting under its permission or authority, from any actions, claims or liabilities (including, without limitation, negligence) that may arise from my participation in the Recordings. I also hereby release and discharge DuluxGroup and its agents, assigns, licensees and sub-licensees from any and all liability to me or to my successors, heirs or assigns for any claims, including, without limitation, claims for libel, defamation, copyright infringement, invasion of privacy or right of publicity, arising out of the exercise of rights granted under this agreement.
6. I warrant that I am free to enter into this agreement and in particular to appear in any Recordings relating to the Dulux Avista Accredited Applicator Program, including provided copy, video and/or photography and throughout any marketing campaigns and any associated advertising, website and public relations activity and that my performance and the rights granted in this agreement will not conflict with or violate any commitment I have with any other person or entity.
7. This agreement represents my entire understanding with DuluxGroup. I have read this agreement prior to accepting the terms and conditions, I understand its contents. This agreement may not be amended unless DuluxGroup and I agree in writing.
8. This talent release form shall be governed by the laws of the State of Victoria, Australia and the parties submit to the non-exclusive jurisdiction of the Courts of the State of Victoria, Australia.

By pressing ‘Accept’ below, I agree to and will be bound by the terms and conditions of the Dulux Avista Accredited Applicator Program as set out above. I understand that I if I disagree, I am declining membership of the program.