TEXT INTEGRATION PARTNER AGREEMENT

Each participant in the Partner program (“Partner,” “you,” or similar terms) offered by Text Integration Pty Ltd (“Text Integration,” “We,” “Us.”) at www.textintegration.com (the “website”) expressly agrees to this Partner agreement.

NOTICE: By participating in the Partner program, you are expressly agreeing to comply with and be legally bound by this Partner Agreement and the Text Integration terms and conditions. If you do not agree to all of the terms of this agreement and terms and conditions, you must NOT register for or participate in the Partner program.

This Partner agreement sets out the Terms and Conditions that both Text Integration and the Partner agree to comply with.

PARTNERS

Each Partner is an independent contractor of Text Integration and not an employee. Nothing herein is intended to create an employer/employee relationship.

FREE ACCOUNTS

We will give you free access to a Text Integration Optimal Access Plan with the capacity to use all of Text Integration’s functions plus a World text plan. You will receive an email containing log in details as soon as you register to become a Partner. The number of free texts allocated is determined by the number of Text Plans your referred Customers have active, as per the following table:

Table 1.

Partner Status Number of Text Plans per annum Access Plan Geography Number of free texts per month
Bronze 0 – 5 Optimal World 20
Silver 6 Optimal World 160
Gold 12 Optimal World 350
Platinum 24 Optimal World 700
Unobtanium 60+ Optimal World 2200

The above Partners status and corresponding free texts allocations will be reviewed every 12 months or by June 30 each year. Partners who have achieved the number of Text Plans per annum will be assessed to determine if they:

  • Stay on the same Partner Status level.
  • Move up to the next higher Partner Status level.
  • Move down to the next lower Partner Status level

CONSULTANTS MARKETPLACE LISTING

We will give you a free listing in the Websites Consultant Marketplace. You will receive an email containing details to enable you to populate your Consultant Marketplace as soon as you register to become a Partner.

You commit to honour the delivery of any offer you have placed on the Consultant Marketplace.

RESOURCES

We will give you full access to the Text Integration Partner Centre. From this resource you will be able to access your Partner link, access code for Text Integration logos and banners that include the Text integration Partner link. This resource also includes the capacity to track and monitor referrals and commission’s earnt plus other resources to assist provide information to your customers about Text Integration.

GETTING CREDIT FOR YOUR REFERAL

To get credit for your referral, make sure that Customers purchase through the unique URL that we provide to You. This is available in the Partner resource centre. Do not mask or cloak the URL

It is your responsibility to protect your Partner ID number and password.

Make sure you have a valid, primary email address on file with us throughout the agreement.

YOUR PROFILE INFORMATION

In order to access the Partner Program, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Partner Program or as part of your continued use of the Partner Program. You may also have to create passwords or other forms of authentication. You agree to provide true, accurate, current and complete information about yourself, and you may not misrepresent your profile information. You agree and understand that you are responsible for maintaining the confidentiality of any such information or passwords. Accordingly, you agree that you will be solely responsible to Text Integration for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Text Integration immediately.

Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You agree not to disclose your password to any third party. You are solely responsible for all activities that occur under your Account or under your Profile Information. If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying Text Integration immediately.

By providing us with your e-mail address, you agree to receive all required notices electronically to that e-mail address. It is your responsibility to update or change that e-mail address, as appropriate.

TERMINATION

You may terminate this agreement at any time by writing or emailing us, upon which you forfeit all right to any benefits bestowed by Us to You in this agreement.

We may terminate this agreement at any time for any reason.

If you violate these terms, we may terminate immediately and you will forfeit any benefits.

If we terminate for any other reason, we will give you 30 days’ notice by email plus pay all outstanding benefits to you.

ETHICAL BEHAVIOUR

We require all Partners to act as ethical, respectful professionals. Do not act inappropriately or in violation of law.

If a transaction is incomplete or we believe it is fraudulent or breaks our rules, we will not give a commission on that transaction.

Do not misuse the system, try to cheat it to increase your pay, or try to hack it.

Do not use our website to sell products not authorized by us. Any attempt to use our system in unauthorized ways will be treated as a serious crime.

Do not send spam via email or text. If you violate this term, you will lose your Partner status and commissions and may be liable for additional damages.

 

DISCLAIMER & LEGALITIES

Our system uses hundreds of telecommunication companies across the world to distribute text messages. Errors can occur across this network to stop the successful transmission of a text message.

Our system integrates with numerous third party software solutions. Errors can occur across these various platforms that can affect the functioning of Text Integration and this Partner Program.

Our system is “as is” so it may have errors or interruptions and we provide no warranties.

We are not responsible for damages to you resulting from various events.

If you sue us, your damages are limited.

If we choose not to enforce any of these provisions at any time, it does not mean that we give up the right to enforce them later.

You cannot transfer your rights or responsibilities under this agreement to someone else.

You are responsible for any amounts spent collecting unreceived benefits.

Any damages due from us to you are limited to the amount of benefits awarded to you.

If you violate or threaten to violate our intellectual property rights, we may seek a legal remedy from You in Victoria, Australia and seek a court order to stop your actions.

The jurisdiction for any legal matters is the state of Victoria, Australia.

If you are involved in a dispute with us, we will submit it to arbitration in Victoria, Australia.

If you sue us, you must do so within 90 days after the claim or cause of action arises.

We may assign or transfer our rights under this agreement to another party.

CONFIDENTIAL INFORMATION

You agree to safeguard, keep secret and not to disclose to any third party, any Confidential Information acquired, learned or provided from Text Integration during the term of this Agreement or following the expiration or termination of this Agreement. “Confidential Information” means any information marked confidential or that ought reasonably to be considered confidential under the circumstances and includes, without limitation, any business plans, customer lists, operation procedures, trade secrets, design formulas and programming code, know-how and processes, computer programs and inventions, discoveries, and improvements of any kinds.

CHANGE OF TERMS

Occasionally we may give new offers.

We can change the terms of this agreement at any time. We will let you know of any changes.

We can modify, transfer, or cancel the agreement at any time.

DEFINITIONS

Access Plan means a hierarchy of functionality within the Text Integration application offered to customers for a corresponding hierarchy of fees.

Partner means the person (natural or legal) specified as the applicant for our Partner Programme on the Registration Form.

Partner Program means the terms and conditions under which Text Integration will compensate Partners for Customer referrals that result in paid Text Plans with Text Integration.

Currency means United States Dollars ($USD)

Customer means any entity that purchases one or more Text Plan(s). (Does not include Free Plan or Access Plan)

Link means a hyperlink (whether in text or in an image or otherwise) from the Partner Resource Centre enabling Text Integration to track visitors from the Partner to Text Integrations website.

Text Plan means the hierarchy of text volumes enabled within the Text Integration application offered to customers for a corresponding hierarchy of fees.

Website means the Website and application managed by Text Integration.

EXECUTION

This agreement was executed by both Text Integration and the Partner at the date and time the Partner registered on the Website for the Partner Program.

In summary this section means:

 

  • By joining our Partner program, you are entering into a legal contract and agreeing to all the terms in this agreement.

 

  • You are not our employee.

 

 

  • We give you a fully functional Text Integration account. This will enable you to send texts worldwide using all available features. The number of free texts allocated is determined by the number and type of Text Plans your referred customers have.

 

 

 

 

 

 

 

  • We give you free marketing via a listing in the Text Integration Consultant Marketplace.
  • Any offer you give in the Consultants Marketplace must be honoured
  • We will give you access to online resources via the Text Integration Partner Centre

 

  • You will place a link available from our Partner Centre on your website within 14 days of becoming an Partner
  • Your unique URL is essential to getting paid.

 

  • Your Partner account must be truthful and accurate.

 

 

 

 

 

  • Both parties can terminate this agreement

 

 

 

 

  • Don’t be fraudulent or we won’t pay you

 

 

  • Don’t send spam.

 

 

 

 

  • Our system is “as is” and we provide no warranty nor responsibility for resulting events.

 

 

  • The legal jurisdiction is Victoria, Australia

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  • We can change the terms at any time. We will let you know if this occurs.