Common use of Fraud Control Clause in Contracts

Fraud Control. Without limiting the Consultant's other obligations, the Consultant must: proactively take all necessary measures to prevent, detect and investigate any fraud in connection with the Contract or the Services (including all measures directed by the Contract Administrator); and proactively take all necessary corrective action to mitigate any loss or damage to the Principal resulting from fraud to the extent that the fraud was caused or contributed to by the Consultant or any of its officers, employees, consultants, subcontractors or agents and put the Principal in the position it would have been in if the fraud had not occurred (including all corrective action directed by the Contract Administrator). If the Consultant knows or suspects that any fraud is occurring or has occurred it must immediately provide a detailed written notice to the Contract Administrator including details of: the known or suspected fraud; how the known or suspected fraud occurred; the proactive corrective action the Consultant will take under paragraph (a)(ii); and the proactive measures which the Consultant will take under paragraph (a)(i) to ensure that the fraud does not occur again, and such further information and assistance as the Principal, or any person authorised by the Principal, requires in relation to the fraud. Clause 12.9 [does apply/does not apply - THIS CLAUSE IS TO BE USED IN CIRCUMSTANCES WHERE THE CONSULTANT AND ITS OFFICERS, EMPLOYEES, AGENTS, SUBCONSULTANTS OR VOLUNTEERS WILL OR MAY INTERACT WITH CHILDREN DURING THE TERM OF THE CONTRACT IN AN INCIDENTAL WAY. FOR EXAMPLE, IF THE CONSULTANT IS CARRYING OUT ACTIVITIES THAT MAY BE PROVIDED ON A SCHOOL'S PREMISES EVEN WHERE INTERACTING WITH CHILDREN IS NOT A PART OF THE CONTRACTED ACTIVITIES.] If any part of the activities carried out by the Consultant under the Contract (including the Services) involves the Consultant employing or engaging a person (whether as an officer, employee, agent, subconsultant, or volunteer) that is required by State or Territory law to have a working with children check to undertake such activities or any part of such activities, the Consultant agrees: without limiting its other obligations under the Contract, to comply with all State, Territory or Commonwealth law relating to the employment or engagement of people who work or volunteer with children in relation to such activities, including mandatory reporting and working with children checks however described; and if requested, provide the Principal at the Consultant’s cost, a statement of compliance with this clause, in such form as may be specified by the Principal. When child safety obligations may be relevant to a subcontract made in connection with the Contract, the Consultant must ensure that any such subcontract entered into by the Consultant for the purposes of fulfilling the Consultant’s obligations under the Contract imposes on the subconsultant the same obligations regarding child safety that the Consultant has under the Contract. Each subcontract must also require the same obligations (where relevant) to be included by the subconsultant in any secondary subcontracts. Without limiting clause 12.6, the Consultant must: be "Defence-ready" for the purposes of the DISP; at its cost obtain and thereafter maintain for the term of the Contract the level of DISP membership specified in the Contract Particulars; and comply with any other direction or requirement of the Contract Administrator in relation to the DISP.

Fraud Control. Without limiting the Consultant5.1 PartnerWeekly has built into its software a fraud control system, which constantly monitors all participating Lead Providers’ sites, including monitoring for false registration. PartnerWeekly's staff will verify all sites for legitimacy. Any company or individual that tries to artificially inflate Leads, traffic counts, revenue, or use any device, robot/program or other obligations, the Consultant must: proactively take all necessary measures means to prevent, detect and investigate any fraud in connection with the Contract or the Services (including all measures directed by the Contract Administrator); and proactively take all necessary corrective action to mitigate any loss or damage do so may be reported to the Principal resulting from appropriate law enforcement and regulatory authorities for fraud and theft, and PartnerWeekly reserves the right to pursue all available remedies. 5.2 If PartnerWeekly suspects Lead Provider of fraud, Lead Provider acknowledges that it is its responsibility to prove by clear and convincing evidence that no fraudulent activity has occurred to the extent satisfaction of PartnerWeekly. Lead Provider acknowledges and agrees that the fraud was caused or contributed to by the Consultant or any of its officers, employees, consultants, subcontractors or agents and put the Principal PartnerWeekly's determination whether Lead Provider has engaged in the position it would have been in if the fraud had not occurred (including all corrective action directed by the Contract Administrator)fraudulent conduct is final. If PartnerWeekly suspects or detects fraud, Lead Provider's account will be made inactive pending further investigation and all commission checks will be held until such time, if any, as PartnerWeekly determines that no fraudulent activity has occurred. 5.3 If Lead Provider fraudulently adds or inflates Leads, as determined by PartnerWeekly in its sole discretion, Lead Provider will forfeit its entire commission for all Leads and its account will be terminated. In the Consultant knows event Lead Provider uses names/email addresses that have not been verified, confirmed or suspects that any fraud is occurring or has occurred it must immediately provide a detailed written notice double-opted-in in its marketing program, Lead Provider will forfeit its entire commission for all Leads and its account will be terminated. PartnerWeekly will have the right to "seed" the Contract Administrator including details of: names/email addresses provided to client with fictitious test names which will not complete the known or suspected fraud; how the known or suspected fraud occurred; the proactive corrective action the Consultant will take under paragraph (a)(ii); and the proactive measures which the Consultant will take under paragraph (a)(i) verification process in order to ensure that the fraud does not occur again, and such further information and assistance as the Principal, or any person authorised by the Principal, requires in relation to the fraud. Clause 12.9 [does apply/does not apply - THIS CLAUSE IS TO BE USED IN CIRCUMSTANCES WHERE THE CONSULTANT AND ITS OFFICERS, EMPLOYEES, AGENTS, SUBCONSULTANTS OR VOLUNTEERS WILL OR MAY INTERACT WITH CHILDREN DURING THE TERM OF THE CONTRACT IN AN INCIDENTAL WAY. FOR EXAMPLE, IF THE CONSULTANT IS CARRYING OUT ACTIVITIES THAT MAY BE PROVIDED ON A SCHOOL'S PREMISES EVEN WHERE INTERACTING WITH CHILDREN IS NOT A PART OF THE CONTRACTED ACTIVITIES.] If any part of the activities carried out by the Consultant under the Contract (including the Services) involves the Consultant employing or engaging a person (whether as an officer, employee, agent, subconsultant, or volunteer) that is required by State or Territory law to have a working with children check to undertake such activities or any part of such activities, the Consultant agrees: without limiting its other obligations under the Contract, to comply with all State, Territory or Commonwealth law relating to the employment or engagement of people who work or volunteer with children in relation to such activities, including mandatory reporting and working with children checks however described; and if requested, provide the Principal at the Consultant’s cost, a statement of assure compliance with this clause, in provision. 5.4 Lead Provider agrees that it will not interfere with PartnerWeekly’s attempts to monitor Lead Provider’s activities pursuant to this Agreement. 5.5 PartnerWeekly shall be allowed to report all known and/or suspected fraudulent conduct to interested parties and to make such form as may be specified by the Principalconduct public. When child safety obligations may be relevant Lead Provider agrees not to a subcontract made in connection with the Contract, the Consultant must ensure that any such subcontract entered into by the Consultant hold PartnerWeekly liable for the purposes consequences of fulfilling the Consultantsuch reports and acknowledges that it shall be in PartnerWeekly’s obligations under the Contract imposes on the subconsultant the same obligations regarding child safety that the Consultant sole discretion to determine whether or not fraudulent conduct has under the Contract. Each subcontract must also require the same obligations (where relevant) to be included by the subconsultant in any secondary subcontracts. Without limiting clause 12.6, the Consultant must: be "Defence-ready" for the purposes of the DISP; at its cost obtain and thereafter maintain for the term of the Contract the level of DISP membership specified in the Contract Particulars; and comply with any other direction occurred or requirement of the Contract Administrator in relation to the DISPis suspected.

Fraud Control. Without limiting the Consultant6.1 Acquire Interactive has built into its software a fraud control system, which constantly monitors all participating Publishers’ sites, including monitoring for false registration. Acquire Interactive's staff will verify all sites for legitimacy. Any company or individual that tries to artificially inflate Actions, traffic counts, revenue, or use any device, robot/program or other obligations, the Consultant must: proactively take all necessary measures means to prevent, detect and investigate any fraud in connection with the Contract or the Services (including all measures directed by the Contract Administrator); and proactively take all necessary corrective action to mitigate any loss or damage do so may be reported to the Principal resulting from appropriate law enforcement and regulatory authorities for fraud and theft, and Acquire Interactive reserves the right to pursue all available remedies. 6.2 If Acquire Interactive suspects Publisher of fraud, Publisher acknowledges that it is its responsibility to prove by clear and convincing evidence that no fraudulent activity has occurred to the extent satisfaction of Acquire Interactive. Publisher acknowledges and agrees that the fraud was caused or contributed to by the Consultant or any of its officers, employees, consultants, subcontractors or agents and put the Principal Acquire Interactive's determination whether Publisher has engaged in the position it would have been in if the fraud had not occurred (including all corrective action directed by the Contract Administrator)fraudulent conduct is final. If Acquire Interactive suspects or detects fraud, Publisher's account will be made inactive pending further investigation and all commission checks will be held until such time, if any, as Acquire Interactive determines that no fraudulent activity has occurred. 6.3 If Publisher fraudulently adds or inflates Actions, as determined by Acquire Interactive in its sole discretion, Publisher will forfeit its entire commission for all Postings and its account will be terminated. In the Consultant knows event Publisher uses names/email addresses that have not been verified, confirmed or suspects that any fraud is occurring or has occurred it must immediately provide a detailed written notice double-opted- in in its marketing program, Publisher will forfeit its entire commission for all Postings and its account will be terminated. Acquire Interactive will have the right to "seed" the Contract Administrator including details of: names/email addresses provided to client with fictitious test names which will not complete the known or suspected fraud; how the known or suspected fraud occurred; the proactive corrective action the Consultant will take under paragraph (a)(ii); and the proactive measures which the Consultant will take under paragraph (a)(i) verification process in order to ensure that the fraud does not occur again, and such further information and assistance as the Principal, or any person authorised by the Principal, requires in relation to the fraud. Clause 12.9 [does apply/does not apply - THIS CLAUSE IS TO BE USED IN CIRCUMSTANCES WHERE THE CONSULTANT AND ITS OFFICERS, EMPLOYEES, AGENTS, SUBCONSULTANTS OR VOLUNTEERS WILL OR MAY INTERACT WITH CHILDREN DURING THE TERM OF THE CONTRACT IN AN INCIDENTAL WAY. FOR EXAMPLE, IF THE CONSULTANT IS CARRYING OUT ACTIVITIES THAT MAY BE PROVIDED ON A SCHOOL'S PREMISES EVEN WHERE INTERACTING WITH CHILDREN IS NOT A PART OF THE CONTRACTED ACTIVITIES.] If any part of the activities carried out by the Consultant under the Contract (including the Services) involves the Consultant employing or engaging a person (whether as an officer, employee, agent, subconsultant, or volunteer) that is required by State or Territory law to have a working with children check to undertake such activities or any part of such activities, the Consultant agrees: without limiting its other obligations under the Contract, to comply with all State, Territory or Commonwealth law relating to the employment or engagement of people who work or volunteer with children in relation to such activities, including mandatory reporting and working with children checks however described; and if requested, provide the Principal at the Consultant’s cost, a statement of assure compliance with this clause, in provision. 6.4 Publisher agrees that it will not interfere with Acquire Interactive’s attempts to monitor Publisher’s activities pursuant to this Agreement. 6.5 Acquire Interactive shall be allowed to report all known and/or suspected fraudulent conduct to interested parties and to make such form as may be specified by the Principalconduct public. When child safety obligations may be relevant Publisher agrees not to a subcontract made in connection with the Contract, the Consultant must ensure that any such subcontract entered into by the Consultant hold Acquire Interactive liable for the purposes consequences of fulfilling the Consultantsuch reports and acknowledges that it shall be in Acquire Interactive’s obligations under the Contract imposes on the subconsultant the same obligations regarding child safety that the Consultant sole discretion to determine whether or not fraudulent conduct has under the Contract. Each subcontract must also require the same obligations (where relevant) to be included by the subconsultant in any secondary subcontracts. Without limiting clause 12.6, the Consultant must: be "Defence-ready" for the purposes of the DISP; at its cost obtain and thereafter maintain for the term of the Contract the level of DISP membership specified in the Contract Particulars; and comply with any other direction occurred or requirement of the Contract Administrator in relation to the DISPis suspected.

Fraud Control. Without limiting the Consultant6.1 PartnerWeekly has built into its software a fraud control system, which constantly monitors all participating Publishers’ sites, including monitoring for false registration. PartnerWeekly's staff will verify all sites for legitimacy. Any company or individual that tries to artificially inflate Actions, traffic counts, revenue, or use any device, robot/program or other obligations, the Consultant must: proactively take all necessary measures means to prevent, detect and investigate any fraud in connection with the Contract or the Services (including all measures directed by the Contract Administrator); and proactively take all necessary corrective action to mitigate any loss or damage do so may be reported to the Principal resulting from appropriate law enforcement and regulatory authorities for fraud and theft, and PartnerWeekly reserves the right to pursue all available remedies. 6.2 If PartnerWeekly suspects Publisher of fraud, Publisher acknowledges that it is its responsibility to prove by clear and convincing evidence that no fraudulent activity has occurred to the extent satisfaction of PartnerWeekly. Publisher acknowledges and agrees that the fraud was caused or contributed to by the Consultant or any of its officers, employees, consultants, subcontractors or agents and put the Principal PartnerWeekly's determination whether Publisher has engaged in the position it would have been in if the fraud had not occurred (including all corrective action directed by the Contract Administrator)fraudulent conduct is final. If PartnerWeekly suspects or detects fraud, Publisher's account will be made inactive pending further investigation and all commission checks will be held until such time, if any, as PartnerWeekly determines that no fraudulent activity has occurred. 6.3 If Publisher fraudulently adds or inflates Actions, as determined by PartnerWeekly in its sole discretion, Publisher will forfeit its entire commission for all Postings and its account will be terminated. In the Consultant knows event Publisher uses names/email addresses that have not been verified, confirmed or suspects that any fraud is occurring or has occurred it must immediately provide a detailed written notice double-opted-in in its marketing program, Publisher will forfeit its entire commission for all Postings and its account will be terminated. PartnerWeekly will have the right to "seed" the Contract Administrator including details of: names/email addresses provided to client with fictitious test names which will not complete the known or suspected fraud; how the known or suspected fraud occurred; the proactive corrective action the Consultant will take under paragraph (a)(ii); and the proactive measures which the Consultant will take under paragraph (a)(i) verification process in order to ensure that the fraud does not occur again, and such further information and assistance as the Principal, or any person authorised by the Principal, requires in relation to the fraud. Clause 12.9 [does apply/does not apply - THIS CLAUSE IS TO BE USED IN CIRCUMSTANCES WHERE THE CONSULTANT AND ITS OFFICERS, EMPLOYEES, AGENTS, SUBCONSULTANTS OR VOLUNTEERS WILL OR MAY INTERACT WITH CHILDREN DURING THE TERM OF THE CONTRACT IN AN INCIDENTAL WAY. FOR EXAMPLE, IF THE CONSULTANT IS CARRYING OUT ACTIVITIES THAT MAY BE PROVIDED ON A SCHOOL'S PREMISES EVEN WHERE INTERACTING WITH CHILDREN IS NOT A PART OF THE CONTRACTED ACTIVITIES.] If any part of the activities carried out by the Consultant under the Contract (including the Services) involves the Consultant employing or engaging a person (whether as an officer, employee, agent, subconsultant, or volunteer) that is required by State or Territory law to have a working with children check to undertake such activities or any part of such activities, the Consultant agrees: without limiting its other obligations under the Contract, to comply with all State, Territory or Commonwealth law relating to the employment or engagement of people who work or volunteer with children in relation to such activities, including mandatory reporting and working with children checks however described; and if requested, provide the Principal at the Consultant’s cost, a statement of assure compliance with this clause, in provision. 6.4 Publisher agrees that it will not interfere with PartnerWeekly’s attempts to monitor Publisher’s activities pursuant to this Agreement. 6.5 PartnerWeekly shall be allowed to report all known and/or suspected fraudulent conduct to interested parties and to make such form as may be specified by the Principalconduct public. When child safety obligations may be relevant Publisher agrees not to a subcontract made in connection with the Contract, the Consultant must ensure that any such subcontract entered into by the Consultant hold PartnerWeekly liable for the purposes consequences of fulfilling the Consultantsuch reports and acknowledges that it shall be in PartnerWeekly’s obligations under the Contract imposes on the subconsultant the same obligations regarding child safety that the Consultant sole discretion to determine whether or not fraudulent conduct has under the Contract. Each subcontract must also require the same obligations (where relevant) to be included by the subconsultant in any secondary subcontracts. Without limiting clause 12.6, the Consultant must: be "Defence-ready" for the purposes of the DISP; at its cost obtain and thereafter maintain for the term of the Contract the level of DISP membership specified in the Contract Particulars; and comply with any other direction occurred or requirement of the Contract Administrator in relation to the DISPis suspected.

Fraud Control. Without limiting the Consultant7.1 Acquire Interactive has built into its software a fraud control system, which constantly monitors all participating Lead Providers’ sites, including monitoring for false registration. Acquire Interactive's staff will verify all sites for legitimacy. Any company or individual that tries to artificially inflate Leads, traffic counts, revenue, or use any device, robot/program or other obligations, the Consultant must: proactively take all necessary measures means to prevent, detect and investigate any fraud in connection with the Contract or the Services (including all measures directed by the Contract Administrator); and proactively take all necessary corrective action to mitigate any loss or damage do so may be reported to the Principal resulting from appropriate law enforcement and regulatory authorities for fraud and theft, and Acquire Interactive reserves the right to pursue all available remedies. 7.2 If Acquire Interactive suspects Lead Provider of fraud, Lead Provider acknowledges that it is its responsibility to prove by clear and convincing evidence that no fraudulent activity has occurred to the extent satisfaction of Acquire Interactive. Lead Provider acknowledges and agrees that the fraud was caused or contributed to by the Consultant or any of its officers, employees, consultants, subcontractors or agents and put the Principal Acquire Interactive's determination whether Lead Provider has engaged in the position it would have been in if the fraud had not occurred (including all corrective action directed by the Contract Administrator)fraudulent conduct is final. If Acquire Interactive suspects or detects fraud, Lead Provider's account will be made inactive pending further investigation and all commission checks will be held until such time, if any, as Acquire Interactive determines that no fraudulent activity has occurred. 7.3 If Lead Provider fraudulently adds or inflates Leads, as determined by Acquire Interactive in its sole discretion, Lead Provider will forfeit its entire commission for all Postings and its account will be terminated. In the Consultant knows event Lead Provider uses names/email addresses that have not been verified, confirmed or suspects that any fraud is occurring or has occurred it must immediately provide a detailed written notice double-opted-in in its marketing program, Lead Provider will forfeit its entire commission for all Postings and its account will be terminated. Acquire Interactive will have the right to "seed" the Contract Administrator including details of: names/email addresses provided to client with fictitious test names which will not complete the known or suspected fraud; how the known or suspected fraud occurred; the proactive corrective action the Consultant will take under paragraph (a)(ii); and the proactive measures which the Consultant will take under paragraph (a)(i) verification process in order to ensure that the fraud does not occur again, and such further information and assistance as the Principal, or any person authorised by the Principal, requires in relation to the fraud. Clause 12.9 [does apply/does not apply - THIS CLAUSE IS TO BE USED IN CIRCUMSTANCES WHERE THE CONSULTANT AND ITS OFFICERS, EMPLOYEES, AGENTS, SUBCONSULTANTS OR VOLUNTEERS WILL OR MAY INTERACT WITH CHILDREN DURING THE TERM OF THE CONTRACT IN AN INCIDENTAL WAY. FOR EXAMPLE, IF THE CONSULTANT IS CARRYING OUT ACTIVITIES THAT MAY BE PROVIDED ON A SCHOOL'S PREMISES EVEN WHERE INTERACTING WITH CHILDREN IS NOT A PART OF THE CONTRACTED ACTIVITIES.] If any part of the activities carried out by the Consultant under the Contract (including the Services) involves the Consultant employing or engaging a person (whether as an officer, employee, agent, subconsultant, or volunteer) that is required by State or Territory law to have a working with children check to undertake such activities or any part of such activities, the Consultant agrees: without limiting its other obligations under the Contract, to comply with all State, Territory or Commonwealth law relating to the employment or engagement of people who work or volunteer with children in relation to such activities, including mandatory reporting and working with children checks however described; and if requested, provide the Principal at the Consultant’s cost, a statement of assure compliance with this clause, in provision. 7.4 Lead Provider agrees that it will not interfere with Acquire Interactive’s attempts to monitor Lead Provider’s activities pursuant to this Agreement. 7.5 Acquire Interactive shall be allowed to report all known and/or suspected fraudulent conduct to interested parties and to make such form as may be specified by the Principalconduct public. When child safety obligations may be relevant Lead Provider agrees not to a subcontract made in connection with the Contract, the Consultant must ensure that any such subcontract entered into by the Consultant hold Acquire Interactive liable for the purposes consequences of fulfilling the Consultantsuch reports and acknowledges that it shall be in Acquire Interactive’s obligations under the Contract imposes on the subconsultant the same obligations regarding child safety that the Consultant sole discretion to determine whether or not fraudulent conduct has under the Contract. Each subcontract must also require the same obligations (where relevant) to be included by the subconsultant in any secondary subcontracts. Without limiting clause 12.6, the Consultant must: be "Defence-ready" for the purposes of the DISP; at its cost obtain and thereafter maintain for the term of the Contract the level of DISP membership specified in the Contract Particulars; and comply with any other direction occurred or requirement of the Contract Administrator in relation to the DISPis suspected.