Rocketspark Partner Program
Welcome to the Rocketspark Partner Program. The Partner Program enables approved Rocketspark ("us", "we") Partners to create and maintain websites for others using the Rocketspark Studio and to on sell these services to their customers. Rocketspark Partners (“Partners") can earn commission by referring new customers to Rocketspark via your Rocketspark Studio.
By joining the Partner Program you agree to be bound by the following terms and conditions ("Terms").
1. Become our Partner
1.1 Once accepted as a Partner, we give you non-exclusive authorisation to:
(a) market and promote monthly and annual plans for our products (these include the standard
elements provided by Rocketspark and priced at www.rocketspark.com/pricing);
(b) create websites on behalf of your clients using the Rocketspark platform;
(c) offer digital marketing services to your Rocketspark clients;
(e) be the site administrator to maintain your client's websites via the Rocketspark Studio; and
(f) use our trademarks strictly in your capacity as a Partner (and in this respect we grant you a
limited, revocable, non-exclusive and non-transferable license to use and display our trade
g) Once you have two paid websites in your Rocketspark studio you will become classified as an active Rocketspark partner and will become eligible to receive referrals from Rocketspark.
1.2 We reserve the right to decline any Partner application.
1.3 Providing a high quality service is important to us. To help you maintain our standards, we will assess your competence with the Rocketspark platform and provide you with training.
2. New Clients
2.1 As our Partner you are able to earn commission when you set up a new client on the Rocketspark platform, where the new client:
(a) is a new Rocketspark customer and is not previously known to Rocketspark; and
(b) has paid for the use of a Rocketspark monthly or annual website plan.
2.2 If the customer switches from one partner to another, upon approval from the customer, the site will be transferred to the Rocketspark Studio of the new partner and will be included in the partner commission of the new partner and removed from the Rocketspark Studio of the previous partner.
3. ("New Client").
3.1 There are no restrictions on the number of New Clients a Partner may setup.
3.2 At Rocketspark, we value doing good and helping others. Special pricing for non-profit
organisations is available for any non-profit New Clients on a case-by-case basis.
4. Client support
4.1 New Clients referred by you will be identified as such in your Rocketspark Studio partner platform.
4.2 You will be registered as a site administrator for your New Clients' websites. Your Rocketspark Studio will provide you with a separate login and password to access and modify your New Clients' websites.
4.3 You must offer appropriate guidance to your New Clients to ensure that your New Clients gain value from their websites.
4.4 We will provide help desk support to your New Clients for issues relating to website functionality in accordance with our standard terms and conditions for using Rocketspark.
4.5 Any opportunities for additional design or digital marketing services we receive from your New Clients will be referred to you as appropriate.
5. Rates for building websites
5.1 As a Partner you will be able to create and maintain websites on behalf of your New Clients using the Rocketspark platform.
5.2 You may charge your New Clients for these services directly at a reasonable rate determined by you.
5.3 In special circumstances and with prior permission Rocketspark may allow you to manage billing for website subscriptions on behalf of your clients subject to the following criteria:
A valid, contactable billing email address is provided for each site; and
Rocketspark’s invoices for these sites are paid on time.
5.4 If the above criteria are not met, Rocketspark may end your ability to manage billing on behalf of your clients and/or may suspend or terminate your participation in the Partner Programme in accordance with clause 11.3.
6. Custom development services
6.1 We can provide custom development services to implement on your or your New Client's website.
6.2 The price list for custom development services is found in your Rocketspark Studio price list.
6.3 A deposit of 50% of the cost of custom development services may be requested for higher value services.
6.4 Final payment for the custom development services is due upon completion. We reserve the right to put the applicable site offline if final payment for the services is not made on time.
7. New Client Commission
7.1 For as long as you remain an active Rocketspark Partner and comply with these Terms, we will pay you a commission in relation to your New Clients as set out in Schedule A ("New Client Commission").
7.2 Your Rocketspark Studio will show your commission payable from client upgrades. When your commission payable balance reaches $100 or £100 you can invoice us for the commission owing and we will pay the commission to you.
7.3 We reserve the right to request further information from you to verify the legitimacy of any of your New Clients. We may disqualify and disregard any New Client 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.
7.4 The currency of the New Client Commission will be the same as the currency that your New Client uses to pay for its Rocketspark products.
7.5 The New Client Commission is to be invoiced to us inclusive of all applicable taxes and duties and we reserve the right to alter the New Client Commission, at our discretion, at any time.
7.6 We will pay the New Client Commission to your nominated bank account on the 20th of the following month of the invoice date.
7.7 Commission will be calculated on the invoiced value of the monthly and annual website plans. Commission will not be paid on additional services such as domain names, email accounts, custom development or other services.
7.8 If a customer requests not to be associated with you as a partner we will remove them from your Rocketspark Studio and no further commission will be calculated on their payment plan.
8. Your obligations
8.1 As a Partner, you are required to:
(a) act in an orderly and businesslike manner and to comply with all relevant laws and
(b) hold any:
(i) goodwill generated for our business under the Partner Program; and
(ii) intellectual property created in relation to the Partner Program or our business,
as bare trustee for us;
(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; and
(d) ensure that a good quality of service is provided to clients. We may introduce competency
tests to ensure that you are maintaining good standards.
(e) if you manage Rocketspark billing on behalf of your clients, pay Rocketspark invoices on time so that your client’s site is not put offline.
(f) advise your clients that you have administrative access to their website via Rocketspark
(g) create paying websites for 2 or more clients each year to maintain your status as an active partner.
8.2 You must not:
(a) use any of our intellectual property except in the course of the Partner 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) divulge or communicate to any third party, or use or exploit for any purpose whatsoever, any
confidential knowledge or information, or any other financial or business information, relating
to Rocketspark (including any trade secrets) which you may receive or obtain as a result of or
in connection with this agreement, without our prior written consent. This includes, but is not
limited to, the Rocketspark development roadmap and Rocketspark pricing;
(c) represent that you are acting on behalf of Rocketspark or commit us to any contractual
obligation without our prior written consent;
(d) 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;
(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);
(f) solicit Rocketspark's clients;
(g) solicit other Rocketspark partners’ clients; or
(h) charge unreasonable pricing or fees for any services involving Rocketspark software,
including for the building or maintenance of websites on the Rocketspark platform.
9. Our obligations
9.1 To enable you to fulfil your role as our Partner, we will;
(a) provide you and your team with training material;
(b) enable you to add your logo to the footer of websites if you classify as a Bronze, Silver, Gold
or Platinum Partner in accordance with Schedule A; and
(c) enable you to create 60 day free trial sites for demonstration purposes;
10. Domain name ownership and administration
10.1 You and your New Clients must adhere to the domain name policies of the various domain
10.2 The end user New Client must be listed as the domain name registrant and ownership will be retained at all times by the end user New Client.
10.3 If the domain is registered by Rocketspark we will be the technical and billing contact listed on the domain and we will be responsible for any domain administration.
11. The term of our relationship
11.1 You may terminate your participation in the Partner Program at any time by providing Rocketspark with 30 days written notice.
11.2 Rocketspark may terminate these Terms and your participation in the Partner Programme by providing you with 3 months written notice.
11.3 Your breach of these Terms may result in your immediate suspension or termination from the Partner Programme. In particular, we may terminate your participation in the Partner 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. We may, at our absolute discretion, provide you with one "notice to improve" before terminating your participation in the Partner Program.
11.4 Once your participation in the Partner Program ends:
(a) Your New Clients become Rocketspark's customers and you will not be entitled to any further New Client Commissions other than those owing to you at the date of termination; and
(b) you must:
(i) remove any and all of our intellectual property from your website, business premises,
stationery and other property within 7 days;
(ii) cease using our intellectual property; and
(iii) return to us any property (including intellectual property) which we have supplied to
you, together with any records relating to your role as Partner that we may reasonably
12. Our liability
12.1 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 Partner, including as a result of Partner tracking failures, loss of database files, and any party intending to harm or compromise the Partner Program or its systems.
12.2 We do not make any expressed or implied warranties with respect to the Partner Program or our products and any use of our products by you or your New Clients is subject to our terms of service as set out here –http://www.rocketspark.co.nz/t... ("Terms of Service").
12.3 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 Partner or any breach by you of these Terms.
13. Other terms and further information
13.1 Your role as Partner is as our independent contractor. Nothing in these Terms creates a
partnership, joint venture, agency, franchise, sales representative, or employment relationship
13.2 You may not transfer your role as Partner, or any of your rights and obligations under these Terms without our prior written consent.
13.3 We reserve the right to amend these Terms from time to time without notice.
13.4 Our failure to exercise a right we may have under these Terms does not mean we are waiving that right.
13.5 We appreciate any feedback on service enhancements for Rocketspark but this will not give you any rights to any intellectual property that may be generated. Rocketspark's Terms of Service are incorporated into and supplement these Terms. If there is any inconsistency between these Terms and the Terms of Service, these Terms will prevail.
13.6 These terms and conditions are governed by New Zealand law. This means that a contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by New Zealand law.
Acceptable Use Policy and agree to comply with our General Rocketspark Terms and Conditions (excluding clauses 3 & 13) when you create websites in your design studio.
|Number of New Clients||2-4||5-14||15-49||50-100||100+|
|Your logo added to footer||Y||Y||Y||Y|
|Eligible for referrals||Y||Y||Y||Y||Y|