Partner Program Terms

Last updated 5th Sep, 2019 

This Terms for partner program (this “Terms”) is made and entered into by and between you, as a Swingvy Partner (as defined below), and Swingvy Pte Ltd or/and Swingvy Sdn. Bhd., a company doing business as Swingvy, and its subsidiaries and affiliates (collectively, “Swingvy”).

If you are a payroll agent, accountant, insurance agent, insurance broker, financial advisor or other provider of professional advisory services approved by Swingvy then you can become a recognised Swingvy Partner and receive the benefits of the Swingvy Partner Program (the Program). By applying for registration into the Program you are accepting and agreeing to the terms and conditions set out in this Partner Agreement (Partner Agreement), as well as Swingvy’s Terms of Service, as updated or amended from time to time, which are incorporated into this Partner Agreement by reference.  

If you are agreeing to this Partner Agreement not as an individual but on behalf of your company, organisation, firm, partnership or other corporate entity, then you agree and acknowledge that you are binding such entity to this Partner Agreement, and that you are fully authorised to do so.

Swingvy may update or modify this Partner Agreement from time to time in its sole discretion. All updates and modifications to this Partner Agreement will be published on Swingvy’s website, and notice of relevant material updates and modifications to this Partner Agreement will be communicated to you via email, at the email address on record.

  1. Partnership Prerequisites

Prior to being accepted to the Program, you must:

  • Fill out a Partner Application Form
  • Have at least 1 staff member commit to completing Swingvy advisor certification within 30 days

Swingvy will determine whether you are accepted to the Program once the Partnership Prerequisites above have been completed. Swingvy reserves the right to accept or decline any organisation or individual as a Swingvy Partner regardless of whether the Partnership Prerequisites have been met, for example if Swingvy determines that you are likely to be unable to meet the Ongoing Requirements set out below.

  1. Program Benefits

Once you have been accepted to, and as long as you remain part of, the Program, you will receive access to the applicable benefits of the Program, as modified or updated by Swingvy from time to time, at the specified status level, including:

  • One subscription to Swingvy for internal use by your business
  • Access to Partner-only information and support from a Swingvy Account Manager

  1. Ongoing Obligations

To maintain status as a Swingvy Partner, you agree to:

  • Actively promote Swingvy to existing and potential clients consistent with your professional and ethical obligations
  • Ensure that at least one staff member is up to date with Swingvy advisor certification at all times
  • Either (a) add at least one paid client subscription (not including the Swingvy subscription for internal use provided as part of the Program Benefits) to your Partner account within 60 days of acceptance into the Program, and then maintain at least one paid client subscription to your Partner account on an ongoing basis; or (b) be invited into, with an advisor role, at least one paid client subscription, and continue to be invited into, with an advisor role, at least one paid client subscription on an ongoing basis
  • Promote Swingvy on your website (if you have one) by maintaining an active hyperlink to www.swingvy.com and adhering to the Swingvy brand guidelines, including not using the Swingvy name or logo anywhere in your company/partner-programs/partnership name, registered business name, product name, service offering, URL, or any social media accounts
  • Otherwise act in good faith in the offering and use of Swingvy

  1. Duration of the Partner Agreement

This Partner Agreement is effective immediately upon you being accepted into the Program by Swingvy, and remains in force until:

  • Superseded by Swingvy at any time effective upon the online publication of updated or modified terms – notice of relevant material updates and modifications to this Terms will be communicated to you via email, at the email address on record
  • This Partner Agreement is terminated by either party for any reason by providing one month’s notice in writing to the other party
  • This Partner Agreement is terminated by either party, with immediate effect upon written notice being provided to the other party, for that other party’s material breach of any of the terms of this Partner Agreement

If this Partner Agreement is terminated for any reason, you will no longer be able to participate in, or receive the benefits of, the Program.  

For the avoidance of doubt, notwithstanding the termination of this Partner Agreement, Swingvy’s Terms of Service will continue to apply to your use of the Services (as defined in Swingvy’s Terms of Service) that Swingvy may make available to you as a non-partner, and the following sections of this Partner Agreement will survive any such termination: “Applicability of Swingvy’s Terms of Service”, “Relationship of Parties” and “Indemnity”.

 

  1. Billing

If your client does not wish to manage and pay for a Swingvy's Premium Plan and/or add-on subscription and Benefit purchase themselves, you may manage and pay for that payment(s) on their behalf.

To qualify for applicable reduced pricing on Swingvy's Premium Plan and/or add-on subscription for which you are the Subscriber (as defined in Swingvy’s Terms of Service), you must:

  • only have 1 billing account associated with your Swingvy's Premium Plan and/or add-on subscription, and 1 billing account associated with your Swingvy Partner Edition subscriptions
  • the billing account must be paid by you or your business and not by an individual client
  • nominate and advise Swingvy who, within the business, will be responsible for all matters relating to the billing account

You agree to adhere to the Swingvy subscription and payment terms set out in Swingvy’s Terms of Service, as updated or amended from time to time.

  1. Status

Partner status is determined in accordance with the Partner Points Scheme in place from time to time. More information regarding the Partner Points Scheme is set out in the partner points guide. For the avoidance of doubt, any determinations by Swingvy on matters relating to the Partner Points Scheme (including status level and the operation of the points system) will be final.

  1. Applicability of Swingvy’s Terms of Service

This Partner Agreement applies in addition to, and should be read in conjunction with, Swingvy’s Terms of Service, which are incorporated in this Partner Agreement by reference to the extent applicable and which govern matters in relation to your dealings with Swingvy, including limitations on liability, indemnification, intellectual property, and governing law.

You acknowledge and agree that all access (including by Invited Users, as defined in Swingvy’s Terms of Service) to Swingvy’s services will be subject to Swingvy’s then current Terms of Service.

In the event of any inconsistency between this Partner Agreement and Swingvy’s Terms of Service, Swingvy’s Terms of Service will take priority.

  1. Relationship of Parties

No agency, partnership, joint venture or employment is created between Swingvy and you as a result of this Partner Agreement. You are not authorised to create any obligation, express or implied, on behalf of Swingvy.

  1. Indemnity

You agree to indemnify Swingvy against any and all claims, costs, damages and/or loss that Swingvy may sustain or incur, as a result of any claim by a third party, including your clients and any Swingvy 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.

  1. Points Guide

Your partner status is based on the points guide set out below. This guide has been developed to give an overview of how you can earn points in the Program.

  1. Subscription points

How to earn points:

  • The number of total employees(users) using Swingvy (irregardless of number of client) that served under you.

Things to note:

  • Trial companies do not count towards points. The subscription must be paying.
  • Points will be calculated based on active subscriptions or Benefit purchase used by a legal entity.

  1. Contact Information

If you have any questions about the Terms, or the Partner Agreement, User may email us at support@swingvy.com, or write to us at:

Swingvy Sdn Bhd (1193914-W)
S-23A-08, Wisma YNH, Kiara 163,
No. 8, Jalan Kiara, Mont Kiara,
50480 Kuala Lumpur, Malaysia

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