Partnership Agreement - Analytics2Insights

Analytics2Insights Partner Agreement

Analytics2Insights is a Modernising Management (Pty) Ltd service.

History:

Partners may be an accountant, bookkeeper, professional service provider, marketing service provider, affiliate marketers such as blog writers and social media influencers, and/or general service provider and wishes to utilize Analytics2Insights products and services to augment their existing business practices.

The prospective partner may or may not have been in direct contact with Analytics2Insights. Analytics2Insights will do all reasonable due diligence on the business of the partner before accepting the partner candidate as a partner. Analytics2Insights none the less does not take any responsibility nor accountability for the partner’s business practices and/or quality of service provide to their customers with or without the utilization of Analytics2Insights products and services.

Partner accepts these partner agreement terms and Analytics2Insights Term of Use, Privacy Policy, Service Level Agreement and Online subscription license agreement terms as published and updated on our website from time to time. Prospective partner agrees to this Partner Agreement either as an individual or on behalf of a company, organisation or corporate legal entity and acknowledge that you are binding such entity to this Partner Agreement, and that you are legally authorized to do so.

Partner agrees to keep all contact details provided up to date as they may change from time to time.

Prior to becoming a partner and being accepted to the program the applicant must:

  • Fill out the Partner Application Form located on Analytics2Insights website analytics2insights.com
    • Provide all information accurately
    • Provide contact details to of various roles that support the partnership
    • Ensure at least one active customer subscription is subscribed to within the first three (3 months) of becoming a partner, and at least ten (10) within the first 12 months of becoming a partner
  • Once the application is received Analytics2Insights marketing team will be in contact with the partner to setup:
    • Analytics2Insights dedicated landing page on their company website which includes active hyperlinks to Analytics2Insights website
    • Actively follow, participate and support all Analytics2Insights social media sites and feeds
    • Fully comply with Analytics2Insights brand identity guidelines and content guidelines as updated and changed from time to time
    • Drive affiliate marketing campaigns that will drive partner revenues

Partnership Setup:

Analytics2Insights will create:

  • Partnership account (account will be the main partnership account and linked to a specific email account)
  • Activate partner’s membership account which will automatically provide partner with the level discount they should receive when they purchase a subscription
  • Affiliate partners will be provided with a tracking link to which a percentage commission on a confirmed sale will be paid

Ongoing Partnership Obligations

  • Partner agrees to actively promote Analytics2Insights to their new or existing customer base
  • Partner agrees to augment their advisory services to be inclusive of Analytics2Insights products and services as per their own interests, certifications and services offered to their own customers
  • Ensure that at least one staff member acts as the internal team contact and supports the internal team with regards to Analytics2Insights products and services to ensure they are utilized and interpreted correctly
  • Continuously adhere to the Analytics2Insights brand identity guidelines and keep any marketing and other collateral up to date
  • Refrain from using Analytics2Insights and or Modernising Management (Pty) Ltd logo, name, service names, product names or brand for any other purpose other than what has been agreed in writing
  • Act in good faith when offering and using Analytics2Insights products and services

Non-Exclusivity

This Agreement does not create an exclusive agreement between the parties. Both parties has the right to recommend similar products and services of third parties and to work with other parties in connection with the marketing, sale, installation, implementation and use of similar services and products of third parties.

Program Benefits:

Once a partner is accepted into the program and for as long as the partner remains part of the program the partner will enjoy the following benefits:

  • One free subscription, for internal use, to the solutions partner wishes to promote and utilize within their own advisory services
  • Direct support from Analytics2Insights partner support team
  • Provide a reference URL code for all affiliate partners

Duration of the Partner Agreement

This partner agreement is effective immediately upon the partner being accepted into the program by Analytics2Insights and remain in force until:

  • Suspended by Analytics2Insights at any time due to misconduct, potential brand damage, potential reputational damage of any kind of the partner
  • This partner agreement is terminated by either party with immediate effect on written notice being provided to the other party for the breach of any of the terms of agreement of this Partnership Agreement

Billing

Practitioners:

To qualify for the pricing discount the partner must register and be approved as a partner. Once approved a discount will be applied to the partner’s profile enabling a discount to be applied to all partner purchases. To qualify for discount margin on organisations subscribed for by the Partner, the billing accounts (subscription) must be paid by the Partner and not by the individual customers. The rebate membership will only be accessible with the main account which was approved as a partner.

Affiliates:

For a sale to generate a commission to an Affiliate, the customer must complete the subscription and remit full payment for the product. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links. Properly coded links are the sole responsibility of the affiliate. Commissions can be viewed on the Affiliate Dashboard.

Affiliates will earn a commission on sales generated from people subscribing to the solutions and using the affiliate’s URL. URL usage is tracked by a software program and all conversions are also tracked using the same software program.

Affiliates are paid a commission for all subscriptions paid by the subscriber either monthly or annually, and for as long as the subscription is active. Affiliates are paid quarterly for monthly subscriptions and once for annual subscriptions upon the 1st quarter the subscriber is active.

To clarify:

  • Affiliates are paid for all periods a subscription is active
  • Affiliates are paid once off for annual subscriptions on the date of the first quarter is completed i.e. if a subscriber subscribes 1 January – 31 December and pays the subscription for the year the affiliate will receive their commission payment on 1 April of the same year (3 months later). This is to ensure there are no disputes with the customer subscription in the interim.
  • Affiliates are paid a monthly subscription on a quarterly basis ie. if a subscriber subscribes 1 January and pays the subscription for the months of January, February, March then the affiliate will receive their commission payment for the 3 months on 1 April. If the subscriber cancels the subscription during a quarter then the affiliate will receive their last payment for that subscriber commission at quarter end of the period of which the subscriber has paid until their cancellation.

Affiliate and Partner Usage and Obligations

Affiliates and partners are permitted to use the Analytics2Insights brand and marketing resources available in the Affiliates section of InsightsHub. Logos and other assets cannot be modified. The Affiliate and partners do not gain any trademark, copyright or any other rights to these materials.

The Affiliate and partners will never imply that they are acting on behalf of Analytics2Insights and will never advertise Analytics2Insights products directly. The Affiliate or partner will never bid for advertisements that compete with Analytics2Insights.

The Affiliate or partner will never represent themselves, Analytics2Insights or their relationship with Analytics2Insights in a false or misleading way.

The Affiliate or partner will not engage in the distribution of an unsolicited bulk email (spam) mentioning or referencing Analytics2Insights.

Billing Terms

Partner agrees to adhere to Analtycs2Insights billing terms at all times.

Billing terms are payment immediate on subscription or receipt of invoice.

 

Code Of Conduct

It is the partner’s responsibility to educate their customer about the various means to access the Analytics2Insights service in order to provide advisory services to the customer. The partner should include this agreement within the letter of engagement with the customer or confirm the additional service charge, should there be any, with the customer.

There are two ways a partner can deliver advisory services on Analytics2Insights platform and partner should inform their customer of both:

  • Customer subscribes to the service and activates access to the partner’s service representatives
  • Partner subscribes to the service and activates customer’s representatives for access to the Analytics2Insights service

In both cases customer should be aware of the following:

  • By configuring data to be ingested into the Analytics2Insights platform means that some data will be pulled out of their cloud system into the Analytics2Insights platform. In doing this the data will be hosted within the Analytics2Insights cloud servers as per the Terms of Use and Privacy Policy
  • The main subscriber has the rights to configure solutions, manage users and/or delete the whole account which will result in cancellation of the subscription to that account and deletion of personal data from the account

Partner and customer should agree on the provision of service should the customer decide to change service provider, and what the process, requirements and procedures would be to change to another practitioner service provider without causing damage to the customer’s business or preventing access to their analytics and insights.

Should partner be the main account subscriber and customer’s data is ingested within the partner’s account, through an assigned user by the customer, then any dispute resolution should be managed by partner to the customer as partner is responsible for the subscription payment to Analytics2Insights service, and this will have no bearing on the other.

Partner should ensure that any user with access to the Analytics2Insights service applies good Information Security practices to secure their user access and thus data. Partner should ensure that good industry practices are adhered to for password management, anti virus/malware software are in place and up to date at all times.

Our code of conduct is not exhaustive and partner should consult their industry professional associations in relation to customer engagement processes and conduct.

The code of conduct section does not require a partner to undertake substantive work for a customer without charge.

Code Of Conduct: Guidance on dispute resolution

Our code of conduct is not exhaustive and partner should consult their industry professional associations in relation to customer engagement processes and conduct.

The code of conduct section does not require a partner to undertake substantive work for a customer without charge.

Where partner acts as the subscriber to the Analytics2Insights service in relation to the customers business:

  • Partners acknowledge and agree that any action to prevent or otherwise limit their customer’s access to Analytics2Insigths service can cause disruption or loss to that business
  • Partner acknowledge that causing disruption or loss to a business is not an acceptable strategy to recover outstanding receivables or other allowances from the customer
  • Partner must at all times refrain from implementing any action that would cause harm to their customer’s business.
  • It is recommended that:
    • Partner continues to allow access to the customer during the dispute resolution process
    • Partner advises customer to create their own direct subscription to the Analytics2Insights service

Administration of the Code Of Conduct

Analytics2Insights expects that its Partners will observe and comply with the Code of Conduct and that, in doing so, Partners will be able to more effectively manage any disputes that may occur with their customers in relation to the Analytics2Insights Platform.

Where Analytics2Insights becomes aware of a dispute between a Partner and a Customer, Analytics2Insights expects that in most cases the parties will be able to resolve the dispute directly between themselves (particularly if the above guidance is followed), which may involve alternative dispute or formal dispute resolution mechanisms.

Analytics2Insights will endeavor to accommodate any agreed outcomes of dispute resolution processes, provided that such outcomes are reasonable and otherwise consistent with the Analytics2Insights platform and Terms of Use.  In the event that any parties are not able to resolve their dispute privately, Analytics2Insights will comply with an order from a court that has jurisdiction to hear the matter under Analytics2Insights Terms of Use. In some cases, Analytics2Insights may be unable to take any action in the absence of a court order or mutual agreement of the parties.

Applicability of Analytics2Insights Terms of Use

This Partner Agreement applies in addition to, and should be read in conjunction with, Analytics2Insights Terms of Use, which are incorporated in this Partner Agreement by reference to the extent to your dealings with Analytics2Insights, including limitations on liability, indemnification, intellectual property, and governing law, and arbitration and a class action waiver.

You acknowledge and agree that all access (including Sub/Invited Users, as defined in Analytics2Insights Terms of Use to Analytics2Insights services will be subject to Analytics2Insights then current Terms of Use.

In the event of any inconsistency between this Partner Agreement and Analytics2Insights Terms of Use, Analytics2Insights Terms of Use will take priority.

Relationship of Parties

No agency, partnership, joint venture or employment is created between MM (Analytics2Insights service) and your legal entity as a result of this Partner Agreement. You are not authorised to create any obligation, express or implied, on behalf of Analytics2Insights.

Indemnity

You agree to indemnify MM (Analytics2Insights) against any and all claims, costs, damages and/or loss that MM (Analytics2Insights)may sustain or incur, as a result of any claim by a third party, including your clients and any MM (Analytics2Insights)users, arising from: (a) your acts or omissions including, but not limited to, your provision of professional services, implementation support, or other products or services, (b) your breach of this Partner Agreement.

Modernising Management (Pty) Ltd may update this agreement from time to time. All updates on the Partner Agreement will be posted on the Analytics2Insights website and may or may not notify all partner via email.

Terms Of Agreement

Disputes And Termination Of The Agreement

Either party may terminate this agreement for any reason, giving written notice of one month. Analytics2Insights reserves the right to accept or decline any organisation or individual from becoming a Partner. Analytics2Insights reserves the right to terminate the relationship with any existing Partner.