Professional Documents
Culture Documents
Promoters Agreement
Promoters Agreement
Between
Hello TechGuys™ Limited, 259 Great South Road, Greenlane, Auckland 1546,
New Zealand. Hereinafter referred to as “HTG”
And
The referral commission plan includes the respectively valid remuneration. The
promoter confirms acceptance of the commission plan by downloading this
agreement.
1. Background
1.1 HTG’s business is to provide Information Technology services globally as
stated on it’s website. The Promoter receives the right to recommend HTG’s
services as an independent recommender for HTG in accordance with the
respective national laws and the following provisions.
2.2 The Promoter shall register their trading entity with the relevant authorities
and tax department.
2.3 The Promoter shall be solely responsible for fulfilment of all legal
obligations, including obligations under trade law, tax law, labour law,
competition law and other statutory obligations without exception.
2.4 They shall duly inform their regulatory authorities about any
recommendation, commissions earned and shall pay taxes on them.
2.5 As long as the Promoter has not fulfilled named requirements, they may not
commence their activity of promoting HTG products and services.
2.6 The Promoter shall not be employed with HTG under any jurisdictions
labour laws. They shall be an independent tradesperson or a contractor and shall
apply the due diligence of a prudent businessperson in their business.
2.7 The Promoter must behave in ethical manner and comply with the national
laws regarding fair competition, the in-house statutes and regulations as well as
the directives of HTG for business. Promoter shall always make sure that their
actions do not violate any laws, regulations or regulatory requirements of their
country.
2.8 The Promoter must always protect the interests of HTG and make sure that
HTG’s reputation is not damaged.
3.2 Promoter is authorised to carry out advertising efforts; however, they shall
coordinate any presentation with external impact that concerns HTG with HTG
in advance.
3.3 Promoter shall not be permitted to issue any statements on behalf of HTG.
Such statements shall not be binding for HTG, but possibly for the Promoter
who is solely responsible.
3.4 Promoter does not have any power of representation for HTG. They shall be
liable for their own statements and shall release HTG from all consequences of
unauthorized statements if necessary.
4.3 Promotor must pass the content of the website and of the official documents
on to the customers and not change their content.
4.4 Promoter shall always protect the interests of HTG to the best of their
knowledge and belief.
5.3 Promoter shall not have any territorial protection and shall not have to
comply with any territorial protection of other Promters.
6.2 to use the logo or name of HTG or their letterheads without their
permission,
6.3 to provide information or make promises that differ from the contents of the
HTG documents,
6.4 to use material other than the original HTG brochures and HTG pre -printed
forms,
6.6 to entice away any existing customers of the company Hello TechGuys
Limited, Auckland, New Zealand or the contractual Promoter, or to headhunt
employees or of these companies or other promoters irrespective of from where
they are,
7. Confidentiality
7.1 Promoter shall be obliged to comprehensive protection of customers and
sources as well as to comply with all regulations under the international data
protection law. Any violation of their confidentiality obligation shall not only
render Promoter liable to pay damages, but shall possibly also render them
liable to prosecution.
8. Remuneration Claim
8.1 Accrual and amount of any claim for remuneration of Promoter against HTG
shall be specified in the latest amended commission structure provided to
promoter.
8.2 Promoter shall not have any claims for payment against the customer and
will not demand any remuneration from them.
8.3 Each payment of remuneration to Promoter shall require that the customer
has paid for all invoices raised to them for HTG’s product and services.
8.4 If the customers recommended by Promoter conclude ongoing purchase
agreements, Promoter shall be obliged to support the customers to the best of
their ability, as their remuneration depends on the duration of the purchase
agreements. If the purchase agreement is not performed by the customer,
Promoter has to anticipate the cancellation of their claim for remuneration.
9. Commission Calculations
9.1 Promoter’s claims for remuneration shall be calculated on each order basis
and will be calculated at the closing of a calendar month.
9.2 Payments of remuneration shall be made monthly by the 15th of the next
Calendar month either by bank transfer, PayPal or any other payment gateway
uses by HTG with the effect of discharging HTG’s obligation.
10.2 If Promoter desires GST payment, then they shall fulfil the required
statutory requirements of the respective country and provide NZ tax department
complaint invoice, clearly showing the GST component.
11.2 HTG shall provide a homepage that provides general information and is
updated on an ongoing basis. Promoter shall also receive all necessary
information and updates via the links available there.
11.3 HTG shall provide Promoter with all necessary sales and training
documents in the login area of my page. as well as pre-printed contract forms
online in a download section from which they can download the required
documents.
11.4 HTG will provide latest commission structure in the login area at all times.
11.6 For further inquiries, HTG shall maintain a support centre that suppo rts
Promoters in case of uncertainties.
11.7 HTG offers regular training options in the login area in order to keep
Promoter updated in all areas of their activities and HTG developments.
11.8 HTG shall inform Promoter immediately about any product change, about
changes in the sales or accounting system as well as about news that could be
interesting for Promoter. HTG shall be obliged to inform Promoter at any time
about such topics that are of importance for Promoter’s activity.
11.9 HTG has their own software accounting system via which Promoter’s
claims for remuneration are calculated on a monthly basis. HTG shall pay any
due remunerations once a month out to Promoter according to commission
structure prevalent at that time.
12.3 HTG has the right to update its commission structure with one-month prior
notice to the Promoter. All commission and remuneration terms are subject
change.
16.2 If mediation fails regardless of the reasons, any disputes shall be resolved
in New Zealand courts according to New Zealand law. Place of jurisdiction
shall be Auckland, New Zealand.
17. Written Form
17.1 Changes or supplements to this agreement shall be made in writing. If a
Promoter fails to notify substantial changes such as change of name or address,
any statements made by HTG to the names and addresses included in this
agreement shall be deemed as served upon mailing.
Executed