Type above and press Enter to search. Press Esc to cancel.
Expert Terms & Conditions
By submitting an application for the Vend Expert Program (Program) you agree to be bound by the following terms and conditions (Terms).
Vend Expert Program Terms
By submitting an application for the Vend Expert Program (Program) you agree to be bound by the following terms and conditions (Terms).
- 1. Your application and registration
- 1.1 Subject to clause 1.2 below, these Terms will come into effect when you complete the following steps (Registration Steps):
- (a) you complete and submit the application form (including the identification of an internal champion (Champion) within your organisation who will complete our certification every 12 months (Certification));
- (b) you provide us with a digital copy of your company logo and additional information about your company and its services for display in the Expert directory on our website;
- (c) you link to our website URL (http://www.vendhq.com) from your website and include with the link:
- (i) our logo (as provided by us);
- (ii) a description of the products we provide; and
- (iii) a description of the services (including support) that you will provide in relation to our products; and
- (d) you send us the Expert registration fee of USD$499. This registration fee is an annual fee, and is payable each year on the anniversary of the day these Terms come into effect.
- 1.2 Once your Champion completes our Certification, you will become an Expert and can begin to source Customers and earn Commission (as set out below). Certification training will commence soon after the Registration Steps have been completed and will be conducted online via a webinar that we run, followed by a test. Your Champion must pass the certification test (multiple attempts allowed). Your Expert Certification will expire at the end of each year on the anniversary of the day these Terms come into effect. To renew your Expert Certification for another year, you must repeat the Certification training, your Champion must pass the certification test, and you must meet the criteria set out in clause 5.7 below.
- 1.3 We reserve the right to accept or decline any individual or organisation from becoming a Expert. If your application is declined, you will be refunded the USD$499 registration fee.
- 1.1 Subject to clause 1.2 below, these Terms will come into effect when you complete the following steps (Registration Steps):
- 2. You’re our Expert
- 2.1 Once you’ve completed the Registration Steps and your Champion has completed our Certification, we’ll appoint you as our non-exclusive certified Expert (our Expert) to market our products to third parties under the Program. In accordance with our reasonable requirements and directions you will source new customers for us (Vend Customers) and provide the first line of product support in respect of those Vend Customers.
- 2.2 We authorise you to:
- (a) market and promote our products;
- (b) provide support to your Vend Customers in respect of our products;
- (c) use our trade marks strictly in your capacity as Expert (and in this respect we grant you a limited, revocable, non-exclusive and non-transferrable license to use and display our trade marks).
- 3. Our obligations
- 3.1 In order to enable you to fulfil your role as our Expert, we will:
- (a) provide your Champion and any other members of your organisation team with relevant training on the products that we provide in order to maximise the benefits of the Program to each of us (as further set out in clause 1.2 above);
- (b) provide you with a free account to use for demonstrations to potential Vend Customers for the term of our relationship;
- (c) list you as an Expert in the Expert directory on our website;
- (d) provide you with priority assistance from our Expert support team (at our discretion and to the extent reasonably practicable) in relation to potential Vend Customers and other assistance that you may reasonably require under the Program.
- (e) provide you with a dashboard to create a new account on behalf of your Vend Customers and track the commission you are earning from these Vend Customers.
- 3.1 In order to enable you to fulfil your role as our Expert, we will:
- 4. Your obligations
- 4.1 In relation to your role as Expert under the Program you are required to:
- (a) provide the first level of contact and support to your Vend Customers at standards no less than we provide to our Vend Customers (taking into account, at our discretion, the resources of your organisation) and as otherwise determined by us. Only if you are unable to properly provide the necessary support to your Vend Customers should they contact us.
- (b) at all times work diligently to protect and promote our interests and to act loyally and faithfully towards us in all matters;
- (c) act in an orderly and businesslike manner and to comply with all relevant laws and regulations;
- (d) ensure that at least one person within your organisation has current Certification as an Expert at all times;
- (e) hold any:
- (i) goodwill generated for our business under the Program; and
- (ii) intellectual property created in relation to the Program or our business,
as bare trustee for us; and
- (f) notify us:
- (i) 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; and
- (ii) if you believe we may be marketing or providing our products, or otherwise conducting our business, in breach of your local laws or regulations.
- 4.2 In your role as Expert you must not:
- (a) use any of our intellectual property except in the course of the 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);
- (b) pledge our credit in any way or commit us to any contractual obligation without our prior written consent;
- (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;
- (d) enrol in the Program for the purpose of using our products for yourself (nor do so at any time during the Program); and
- (e) make any representations or give any warranties on our behalf to any third parties (except to the extent we may consent to in writing).
- 4.1 In relation to your role as Expert under the Program you are required to:
- 5. Payments to You
- 5.1 For as long as you remain an Expert and comply with these Terms you will earn commission on a monthly basis (Commission). The Commission is 20% of the gross monthly subscriptions (Subscriptions) that we receive from your Vend Customers.
- 5.2 You acknowledge that monthly subscriptions payable to us by your Vend Customers will differ between Vend Customers depending on their Vend Subscription.
- 5.3 We will pay you the Commission within 30 days from when your Vend Customers pay us their Subscriptions and once the Commissions due to you reach USD$150. Subscriptions are due from your Vend Customers 30 days after the Vend Customer signs up and on a monthly basis thereafter.
- 5.4 We will pay your Commission as a deposit to your PayPal account. If you do not have a PayPal account, you will need to set one up.
- 5.5 The Commission is inclusive of all applicable taxes and duties and we reserve the right to alter our product pricing and the Commission, at our discretion, upon 15 days notice in writing to you and your Vend Customers. Details of our current pricing levels can be found on our website here – https://www.vendhq.com/pricing.
- 5.6 We reserve the right to disqualify and disregard any Commission that we believe (in our absolute discretion) to be earned through fraudulent, illegal, questionable or other methods that may be in breach of these Terms.
- 5.7 A minimum number of paid customers is required to renew your Expert certification:
- 0-12 Months : Minimum of 1 customers per month so 12 paid customers within the first 12 months.
- +12 Months : Minimum of 2 customers per month so 24 new paid customers per year.
- 6. The term of our relationship
- 6.1 Either of us may terminate these Terms and your participation in the Program by giving one month prior notice in writing to the other. We may also terminate these Terms and your participation in the Program immediately should you fail to pay your annual registration fee by the date due or fail to renew your Expert Certification on time, or 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.
- 6.2 Once your participation in the Program ends:
- (a) your Vend Customers become our customers and you will not be entitled to any further Commissions other than those owed to you at that time; and
- (b) you must:
- (i) remove any and all of our intellectual property from your website, business premises, stationery and other property within 15 days;
- (ii) cease using our intellectual property;
- (iii) return to us any property (including intellectual property) which we have supplied to you, together with any records relating to your role as Expert that we may reasonably request; and
- (iv) not solicit any of our customers (including your former Vend Customers) or our former customers with the intent of taking their custom without our prior written consent.
- 7. Our liability
- 7.1 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 Expert, including as a result of affiliate tracking failures, loss of database files, and any party intending to harm or compromise the Program or its systems.
- 7.2 We do not make any expressed or implied warranties with respect to the Program or our products and any use of our products by you or your Vend Customers is subject to our terms of use as set out here — Terms of use.
- 7.3 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 Expert or any breach by you of these Terms.
- 8. Other terms and further information
- 8.1 We both agree to treat the terms of our relationship as confidential provided that we may disclose the general nature of your role as Expert to any Vend Customers or potential Vend Customers as may be necessary and where disclosure is required by law.
- 8.2 Your role as Expert is as our independent contractor. Notwithstanding your title of “Expert”, nothing in these Terms creates a partnership, joint venture, agency, franchise, sales representative, or employment relationship between us.
- 8.3 If we do not exercise a right we may have under these Terms it does not mean we are waiving that right.
- 8.4 You may not transfer your role as Expert, or any of your rights and obligations under these Terms without our prior written consent.
- 8.5 We reserve the right to amend these Terms from time to time without notice and your continued enrolment in the Program constitutes your consent to any changes. You can review the most current Terms at any time at /lightspeed-service-agreement/.
- 8.6 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.
- 8.7 These Terms are governed by New Zealand law.