Advisor Terms & Conditions

Vend Advisor Program Terms

The Vend Advisor Program (Advisor Program) enables Advisors to obtain financial rewards by referring prospective customers to Vend.

By holding a Vend account or by submitting an application for the Advisor Program you agree to be bound by the following terms and conditions (Terms)

  1. 1. You’re our Advisor
    1. 1.1 If you already have an existing Vend account or if you complete and submit the online Advisor application form, we’ll appoint you as our non-exclusive Advisor (our Advisor) to market our products to third parties under the Advisor Program, once we receive your $99 joining fee.
    2. 1.2 We authorise you to:
      1. (a) market and promote our products;
      2. (b) use our trade marks strictly in your capacity as Advisor (and in this respect we grant you a limited, revocable, non-exclusive and non-transferrable license to use and display our trade marks).
  2. 2. Referrals
    1. 2.1 We will give you a unique Advisor’s code to give to prospective customers who you encourage to open accounts with Vend (Prospects).
    2. 2.2 Where the Prospect:
      1. (a) is a new Vend customer and is not previously known to Vend;
      2. (b) supplies your Advisor’s code when signing up with Vend; and
      3. (c) has paid for the use of a Vend product,
      we will log them against your account as a referral (Referral).
    3. 2.3 Advisors cannot submit themselves as Prospects for the Advisor Program.
    4. 2.4 Staff of Vend, its subsidiaries and its Partners under the Vend Partner Program are not eligible for this Advisor Program.
  3. 3. Referral Fees
    1. 3.1 For as long as you remain an Advisor and comply with these Terms, the following payment arrangements will apply:
      1. (a) We will pay each Advisor a referral fee of $150 for each Referral.
      2. (b) The referral fee is not paid out until we have received a minimum of $150 from the Referral’s subscription to a Vend plan.
      3. (c) The currency of the referral fee is the same as the currency that the Referral uses to pay for its Vend products.
    2. 3.2 We will pay your referral fee as a deposit to your PayPal account. If you do not have a PayPal account, you will need to set one up.
    3. 3.3 The referral fee is inclusive of all applicable taxes and duties and we reserve the right to alter the referral fee, at our discretion, at any time.
    4. 3.4 There are no restrictions on the number of Referrals an Advisor may make.
    5. 3.5 We reserve the right to disqualify and disregard any Referral that we believe (in our absolute discretion) to be attained through fraudulent, illegal, questionable or other methods that may be in breach of these Terms.
  4. 4. Your obligations
    1. 4.1 In relation to your role as Advisor under the Advisor Program you are required to:
      1. (a) act in an orderly and businesslike manner and to comply with all relevant laws and regulations;
      2. (b) hold any:
        1. (i) goodwill generated for our business under the Advisor Program; and
        2. (ii) intellectual property created in relation to the Advisor Program or our business,
        as bare trustee for us; and
      3. (c) notify us of any suspected infringement of our intellectual property and take such reasonable action as we may direct, at our expense, in relation to such infringement.
    2. 4.2 In your role as Advisor you must not:
      1. (a) use any of our intellectual property except in the course of the Advisor Program, nor cause or permit anything which may damage or endanger our intellectual property or our title to it (including assisting or allowing others to do the same);
      2. (b) represent that you are acting on behalf of Vend or pledge our credit in any way or commit us to any contractual obligation without our prior written consent;
      3. (c) market our products via facsimile, telemarketing, spyware, malware, viruses or other forms of marketing that could potentially harm our business, or as may be communicated by us from time to time; and
      4. (d) make any representations or give any warranties on our behalf to any third parties (except to the extent we may consent to in writing).
  5. 5. The term of our relationship
    1. 5.1 Vend may terminate these Terms and your participation in the Advisor Program at any time. We may also terminate these Terms and your participation in the Advisor Program immediately should we believe, in our absolute discretion, that you are either in breach of these Terms, that the standing or reputation of our business or products is at risk or if we believe such termination to be in the best interests of our business generally.
    2. 5.2 Once your participation in the Advisor Program ends:
      1. (a) you will not be entitled to any further referral fees other than those owing to you at the date of termination; and
      2. (b) you must:
        1. (i) remove any and all of our intellectual property from your website, business premises, stationery and other property within 7 days;
        2. (ii) cease using our intellectual property; and
        3. (iii) return to us any property (including intellectual property) which we have supplied to you, together with any records relating to your role as Advisor that we may reasonably request.
  6. 6. Our liability
    1. 6.1 We are not liable (whether in contract, tort (including negligence) or otherwise) for any indirect, incidental, special or consequential damages you may suffer, and any loss of profits, whether direct or indirect, resulting from you acting in your role as Advisor, including as a result of affiliate tracking failures, loss of database files, and any party intending to harm or compromise the Advisor Program or its systems.
    2. 6.2 We do not make any expressed or implied warranties with respect to the Advisor Program or our products and any use of our products by you or your Referrals is subject to our terms of use as set out here — Terms of use.
    3. 6.3 You indemnify us and keep us indemnified from and against any and all loss, damage or liability (whether criminal or civil) suffered (including any legal fees and costs incurred by us) resulting from any act or omission made by you as our Advisor or any breach by you of these Terms.
  7. 7. Other terms and further information
    1. 7.1 Your role as Advisor is as our independent contractor. Nothing in these Terms creates a partnership, joint venture, agency, franchise, sales representative, or employment relationship between us.
    2. 7.2 If we do not exercise a right we may have under these Terms it does not mean we are waiving that right.
    3. 7.3 You may not transfer your role as Advisor, or any of your rights and obligations under these Terms without our prior written consent.
    4. 7.4 We reserve the right to amend these Terms from time to time without notice.
    5. 7.5 Our Terms of use are incorporated into and supplement these Terms except to the extent they are negated by, or are inconsistent with these Terms, in which case these Terms will prevail.
    6. 7.6 These Terms are governed by New Zealand law.