About these Terms
1. These terms and conditions (Terms) govern your participation in the MYOB Partner Program (Program), which is a free loyalty program for accountants and bookkeepers who use MYOB products and services. By applying to join the Program, you agree to be bound by these Terms and any other policies or guidelines that we may issue from time to time. These documents form part of the agreement between you and MYOB Australia Pty Ltd (ABN 13 086 760 198) (if your Sales and Services Agreement is governed by the laws of Victoria, Australia) or MYOB NZ Limited (Company Number 902338) of Level 5, Eden 5, 12 Normanby Road, Mount Eden, Auckland, 1024, New Zealand (if your Sales and Services Agreement is governed by the laws of New Zealand) (MYOB, we, us or our).
2. The Program is designed to support and reward our partners who provide services to clients using MYOB products. As a partner, you can access various benefits, such as discounts, commissions, training, marketing support, and recognition. The level and type of benefits you receive will depend on the tier you are assigned to, based on your performance and compliance with the Program requirements. The Program has four tiers: Purple, Silver, Gold and Diamond as described in the Program Website.
3. These Terms operate in addition to your Sales and Services Agreement and the MYOB Practice Terms of Use. Unless otherwise defined in these Terms, any capitalised terms have the meaning given to them in the Sales and Services Agreement. The online account set up will serve as a “Supply Order” for the purposes of entering into the Sales and Services Agreement.
Please refer to the Sales and Services Agreement for further details in relation to your use of the Product, including for:
confidentiality, privacy and data security (clause 6);
both of our intellectual property and data rights (clause 7);
liabilities, warranties and indemnities (clauses 6.5, 7.5, 8.4 and 9); and
each parties rights to assign or transfer its rights or obligations (clause 12.5).
Eligibility and application
4. To be eligible to join the Program, you must:
be a registered business in Australia or New Zealand;
have a valid ABN or NZBN;
not be a member or participant of another similar MYOB program as (such as the MYOB Referral Program or the MYOB Reseller Program);
currently provide or intend to provide professional services to clients using MYOB products, such as accounting and bookkeeping;
meet the minimum criteria for the Purple tier, as set out in the Program Website;
complete and submit the online application form; and
agree to these Terms.
5. We may amend these eligibility criteria at any time, with 60 days' written notice to existing Program members.
6. We may accept or reject your application at our sole discretion. If we accept your application, we will notify you by email and assign you to a tier based on your performance and compliance with the Program requirements. We will also provide you with access to the partner hub where you can view your benefits and track your points progress.
7. If you change any of the information that you gave us when you joined the Program, you need to let us know in writing as soon as possible.
Partner Conduct Requirements
8. You agree to:
deliver the services that MYOB customers need in a professional and high-quality manner;
do your best to meet all reasonable customer expectations;
behave in a way that does not harm or tarnish the image of MYOB, its products or services;
participate positively in MYOB sponsored activities (if applicable); and
respond within 14 days to any complaints that MYOB receives about your services and, if MYOB finds the complaint valid, take the necessary steps or make the appropriate compensation as suggested by MYOB, in order to resolve the complaint.
9. You must comply with all relevant laws and regulations, including privacy laws, consumer laws and spam laws, when you conduct your business and fulfil your responsibilities under these Terms.
Program Benefits
10. As a partner, you are entitled to receive the benefits for your tier, as set out in the Program Website. These may include, but are not limited to, the following:
subject to clauses 24-28, the choice between receiving a discount on the wholesale price of select MYOB products and services for yourself and your clients (Discount);
or a commission for successfully selling or referring select MYOB products (Commission);
access to training, certification and accreditation programs;
access to marketing support, materials and campaigns;
access to technical support, product updates and feedback channels;
recognition and promotion on our website and at events (subject to MYOB’s discretion and only with mutual agreement);
access to exclusive offers; and
invitations to exclusive events, webinars and networking opportunities.
11. We may change the Program requirements or benefits for any tier by giving you at least 30 days' notice. We will notify you of any changes by email, or by posting them on our website or partner portal. If you do not agree to the changes, you may terminate your participation in the Program by giving us written notice before the changes take effect. If you continue to participate in the Program after the changes take effect, you will be deemed to have accepted the changes.
Program Tier requirements
12. To maintain your current tier, you must comply with the Program requirements for that tier, as set out in the Program Website, including achieving and maintaining a minimum level of Status Credits (see clause 14-18 for more information on how to earn Status Credits). “Status Credits” (otherwise referred to as “Status Points”) are a way of recognising your engagement in certain activities that are eligible for Status Credits. The activities and the Status Credits each activity earns is listed on the Program Website, and may include completing a minimum number of training hours or certifications or attending MYOB events, webinars or networking opportunities (Eligible Activities).
13. In addition to achieving and maintaining Status Credits, you are also required to:
maintain a high standard of quality and customer satisfaction;
adhere to any MYOB brand guidelines that we may issue from time to time and comply with the partner conduct requirements (see clauses 7 to 8);
provide us with accurate and up-to-date information about your business and clients (in circumstances where it is reasonably and necessarily required in order for us to perform our obligations under these Terms); and
use commercially reasonable efforts to cooperate with us in any reviews or surveys of the Program and MYOB products that we may conduct.
14. You may check your Program Tier at any time by logging onto your MYOB Practice Dashboard and navigating to the Partner Hub.
How to earn Status Credits
15. Only eligible members can earn Status Credits (for more information on eligibility see clause 3). Status Credits earned by eligible members will be allocated to the relevant membership profile (individual, accounting, bookkeeping or professional services practice) that is linked to the eligible member.
16. When you or your authorised users (such as your employees or contractors) complete an Eligible Activity, you will receive Status Credits in your account as soon as we can process them. Your account will show the total number of Status Credits you have earned from your business and your authorised users. If an authorised user leaves your business, their Status Credits will no longer count towards your total.
17. Sometimes, we may make a mistake and give you Status Credits that you are not entitled to, or take away Status Credits that you should have, in which case we will make an adjustment to resolve the error. We may also adjust your Status Credits if you cancel, return or refund an Eligible Activity, or if we find out that you have breached these Terms. We will try to correct any errors as soon as possible, but you should also check your account regularly and let us know if you notice any discrepancies within 30 days of the Eligible Activity that caused the discrepancy.
18. Status Credits cannot be exchanged for cash, or transferred, sold or assigned to anyone else. They are only valid for members of the Partner Program and only for Eligible Activities. They may also expire after a certain period of time, depending on your membership level. You can find more details about the expiry of Status Credits on the Program Website.
19. You may check the number of Status Credits that you have accrued at any time by logging onto the MYOB Practice Dashboard and navigating to the Partner Hub.
Tier assessment and reassignment
20. We will assess your performance and compliance with the Program requirements on a rolling basis, using the data and information that you provide to us, as well as our own records and systems. We will notify you of the outcome of the assessment by email and your updated status will be visible in Partner Hub.
21. If you meet the criteria for a higher tier, we may upgrade you to that tier and grant you the corresponding benefits within five business days of achieving the relevant number of Status Credits.
22. If you fail to meet the criteria for your current tier, we may downgrade you to a lower tier and reduce your benefits accordingly. Any downgrades will occur annually at the beginning of the calendar year.
23. We may also reassign you to a different tier at any time, with immediate effect, if we determine that:
If you have breached these Terms, or any other policies or guidelines that we may issue from time to time;
you have engaged in any fraudulent, unethical or unlawful conduct in relation to the Program or MYOB products;
you have misrepresented yourself, your business or your clients to us or to the public;
you have provided us with false, incomplete or outdated information;
you have failed to cooperate with us in any audits, reviews or surveys that we may conduct;
you have damaged or tarnished the reputation or goodwill of MYOB or its products; or
you have ceased to provide services to clients using MYOB products.
24. We will notify you of any reassignment by email. You may appeal the reassignment by providing us with written evidence or reasons to support your appeal within 14 days of receiving the notification. We will review your appeal and notify you of our decision within 14 days of receiving your appeal. Our decision will be final and binding.
How to set up and receive either a Commission or a Discounts
25. You cannot receive both a Commission and a Discount for one transaction.
26. Your profile will be set up to receive a Commission or Discount unless otherwise changed by us or by you. This means that if your reward preference is set to a Discount, you will automatically receive the Discount for all relevant transactions unless and until your reward preference is changed to Commission.
27. All new members will have their reward preference automatically set to Discount.
28. You can change your reward preference to Commission at any time by logging into my.myob. For more information on how to change your reward preference, see here. Changes to your reward preference will apply prospectively.
29. Commissions will only be paid to program members that have set up their bank details within my.myob. It is your responsibility to ensure that the correct bank account details are entered into my.myob in order to receive the Commission. Failure to set up your correct bank account details will result in you forfeiting any Commission that you may have been entitled to.
30. What products and services attract Commission or a Discount? Only the sale of select MYOB products will attract a Commission or Discount. For more information on Commissions and Discounts refer to the Program Website.
31. What Discount can I receive? The percentage discount for each Program Tier is set out on the relevant Program Website. Discounts are calculated as a percentage discount off the ordinary price of the MYOB product or service (exclusive of GST). Unless otherwise specified by us, the discount percentage received depends on your Program Tier (a higher Program Tier means a higher discount percentage). From time to time, MYOB may make exclusive discounts available to you which exceed the discount available under your Program Tier. At the end of any such exclusive offer, unless expressly stated otherwise, the price will revert to the Discount ordinarily available to you under your relevant Program Tier.
32. How can I earn a Commission? To be eligible for a Commission, you must make a ‘successful referral’. This means that a client must pay for an eligible MYOB product or service using a quote generated by you as the referring Partner. A successful referral may entitle you to both a Commission and Status Credits.
33. How do I make a referral? Referrals must be made online via the Partner Program dashboard or your my.MYOB profile at the time your client purchases the MYOB product or service. If it is not possible to make the referral online, you may make the referral and related purchase by contacting your MYOB Sales Specialist.
34. What types of Commission are available?
MYOB will grant you an Ongoing Commission. An “Ongoing Commission” means Aa commission that is calculated as a percentage of each subscription payment paid by the referred client to MYOB in relation to a particular product or service (exclusive of GST).
MYOB will grant you an Ongoing Commission. An “Ongoing Commission” means Aa commission that is calculated as a percentage of each subscription payment paid by the referred client to MYOB in relation to a particular product or service (exclusive of GST).
An Ongoing Commission will be calculated on a monthly or yearly basis (as advised by MYOB) and will be paid within 30 days after the end of the calculation period. You will not be eligible for an Ongoing Commission if the client’s subscription is in arrears for the period in question.
An Ongoing Commission is payable for a maximum period of five years, which starts from the date that MYOB receives the referred client’s first subscription payment.
The percentage of Commission depends on your Program Tier, unless otherwise stated. Please see the relevant Program Website.
35. How can I receive my Commission?
Any Commission will be paid directly to you by electronic funds transfer to the bank account details listed in your my.myob account
36. If you receive a Commission or Discount from MYOB that you are not eligible for, MYOB has the right to either:
deduct that reward from any future rewards that you are entitled to; or
ask you to return that reward to MYOB.
Program Tier Logos
37. MYOB will provide Partner Program members with access to a range of MYOB logos which members can use to designate their Program Tier (Program Tier Logo).
38. MYOB grants you a non-exclusive, royalty free, personal, non-transferable and revocable licence for duration of your membership in the Partner Program to use the Program Tier Logo corresponding with your Program Tier (Licensed Logo) in Australia and New Zealand solely for the purpose of designating your Program Tier accordance with these Terms.
39. If you change your Program Tier, you:
must cease use of the Program Tier Logo that corresponded with your previous Program Tier and may begin use of the Program Tier Logo that corresponds with your new Program Tier, if any; and
agree to use all reasonable efforts to transition to the Program Tier Logo associated with your new Program Tier. MYOB will allow you 3 months to cease use of the Program Tier Logo associated with your prior Program Tier.
40. When using the Licensed Logo, you must comply with all requirements notified by MYOB from time to time in relation to use of the Licensed Logo and use the Licensed Logo only in the manner prescribed by MYOB.
GST and Rewards
41. All rewards and other benefits that you receive from MYOB are exclusive of any GST, unless we explicitly state otherwise. If GST applies to any reward or benefit, we will add it at the current rate.
Tax invoices for taxable supplies
42. If you are registered for GST and you provide MYOB with a taxable supply, you and MYOB agree to the following terms regarding tax invoices:
MYOB can issue tax invoices for these supplies on your behalf.
You will not issue tax invoices for these supplies yourself.
You confirm that you are registered for GST when you enter into this agreement with MYOB and will inform MYOB if you stop being registered for GST at any point.
MYOB confirms that it is registered for GST when it enters into this agreement with you and will inform you if it stops being registered for GST at any point.
MYOB will send you the original or a copy of the tax invoice for each taxable supply within 28 days of making or determining the value of the supply.
Termination and suspension
43. MYOB does not guarantee that the Program will continue indefinitely or for any period of time. Without limiting any other rights MYOB may have, MYOB reserves the right to discontinue any program or benefits (in whole or part) at any time on 90 days’ written notice to you.
44. You may terminate your participation in the Program at any time, by giving us at least 10 days written notice.
45. We may terminate your participation in the Program at any time, by giving you written notice, if we, acting reasonably, determine that you:
have breached these Terms, the Program Website, or any other policies or guidelines that we may issue from time to time;
apply what could be considered unreasonable pressure on a client or potential client to complete a purchase, in order for you to secure a benefit;
have engaged in any fraudulent, unethical or unlawful conduct in relation to the Program or MYOB products;
encourage MYOB clients to cancel and then reapply for a product or service (so called ‘churning’);
engage in any other inappropriate method of collecting Status Credits, commissions, discounts or other benefits;
have misrepresented yourself, your business or your clients to us or to the public;
have provided us with false, incomplete or outdated information;
have failed to cooperate with us in any audits that we may conduct;
have damaged or tarnished the reputation or goodwill of MYOB or its products; or
have ceased to provide services to clients using MYOB products.
46. We may also suspend your participation in the Program, or any of the benefits you receive, at any time, at our sole discretion, if we need to investigate, verify or resolve any issues or complaints relating to you, your business or your clients. We will notify you of any suspension by email, or by posting it on the partner portal. We will lift the suspension once we have completed our investigation, verification or resolution, and notify you accordingly.
47. Upon termination or suspension of your participation in the Program, you must:
stop using and return or destroy any materials, resources or tools that we have provided to you as part of the Program, including any logos, badges or certificates;
stop claiming or implying any affiliation or endorsement by MYOB;
pay any outstanding fees, charges or debts that you owe to us or our affiliates; and
comply with any other directions that we may give you.
48. Termination or suspension of your participation in the Program will not affect any rights or obligations that have accrued before the termination or suspension, or any provisions that are intended to survive the termination or suspension.
Client Information
49. You agree to comply with any applicable laws and regulations relating to the collection, use, disclosure and protection of personal information. You agree to:
obtain the consent of your clients and any other individuals whose personal information you provide to us or our affiliates, or whose personal information we or our affiliates provide to you, as part of the Program;
inform your clients and any other individuals of the purposes for which their personal information is collected, used, and disclosed, and of their rights to access and correct their personal information;
take reasonable steps to ensure that the personal information you provide to us or our affiliates, or that we or our affiliates provide to you, as part of the Program, is accurate, complete, and up-to-date;
take reasonable steps to protect the personal information you provide to us or our affiliates, or that we or our affiliates provide to you, as part of the Program, from unauthorised access, use, disclosure, modification, or destruction; and
notify us immediately if you become aware of any breach or potential breach of the privacy or security of the personal information you provide to us or our affiliates, or that we or our affiliates provide to you, as part of the Program.
50. If you are utilising the “Partner Pays” payment method (for more information on this payment method, refer to the MYOB Practice terms of use), you confirm that you have recorded your clients’ consent to be contacted by MYOB on an ongoing basis (until they opt out) for the purposes of direct marketing by telephone, electronic message (including email) and other means. You will notify MYOB if your customer opts out of marketing.
Changes to these Terms
51. MYOB may change these Terms including changes to the Eligible Activities, rewards and Program Website.
52. If we make any changes that are likely to adversely affect you (including increasing any fees payable under a program):
a. we will give you at least 30 days’ prior notice of such change (unless otherwise stated under these Terms); and
b. you will have the opportunity to terminate your membership with written notice to us, before the change takes effect.
Intellectual property rights
53. You acknowledge that MYOB and its affiliates own and retain all intellectual property rights in the Program, the Program Website, and any other materials, resources, or tools that we or our affiliates provide to you as part of the Program, including any logos, badges or certificates (Program Materials). You agree to:
use the Program Materials only for the purposes of the Program;
not modify, adapt, translate, reverse engineer, decompile, or disassemble the Program Materials, or create any derivative works based on the Program Materials;
not copy, reproduce, distribute, publish, display, perform or transmit the Program Materials, in any form or by any means, without our prior written consent; and
not remove, obscure, or alter any copyright, trademark or other proprietary notices on the Program Materials.
54. We grant you a non-exclusive, non-transferable, revocable and limited licence to use the MYOB name, logo, and trademarks (MYOB Marks) that we or our affiliates provide to you as part of the Program, subject to these Terms, the Program Website, and any MYOB brand guidelines issued by us from time to time. You agree to:
use the MYOB Marks only for the purposes of the Program;
use the MYOB Marks in accordance with the MYOB brand guidelines and any other directions that we may give you;
not use the MYOB Marks in a way that implies that you are an employee, agent or representative of MYOB or its affiliates, or that you have any authority to bind or commit MYOB or its affiliates;
not use the MYOB Marks in a way that is misleading, deceptive, defamatory, disparaging or detrimental to MYOB or its products;
download your Partner tier status badge from the Partner Hub and can use this to promote your Partner relationship with MYOB;
not use the MYOB Marks in a way that infringes or violates the rights of any third party, or that breaches any applicable laws or regulations; and
not register, apply for, or claim any ownership or interest in the MYOB Marks, or any marks that are confusingly similar to the MYOB Marks.
55. We may revoke or modify the licence to use the MYOB Marks at any time, by giving you written notice. You must cease or change your use of the MYOB Marks as soon as possible after receiving such notice.
Notices
56. You agree that all communications between us in relation to the Product will be by email, by us posting a notification within your product or on the MYOB website (myob.com or myob.co.nz), unless we agree to another method.
57. Any notice or other communication by email is considered to be sent by the sender and received by the addressee when the sender gets a delivery confirmation report. The report shows the time when the email reached the addressee's email address.
58. If the email is delivered or received after 5pm (addressee's time), it is considered to be received at 9am the next day.
59. We may provide a notice or other communication to you by a posting to the MYOB website (myob.com or myob.co.nz) or within your product. That notice or other communication is regarded as being given by us and received by you when it is posted. We recommend that you regularly check your Product and the MYOB website for notices or other communications.
Legal
60. These Terms, together with the Sales and Services Agreement[AB5] , the MYOB Practice Terms of Use, the Program Website and any other policies or guidelines that we may issue from time to time, constitute the entire agreement between us in relation to the Program, and supersede any previous agreements, understandings or representations, whether oral or written.
61. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be severed from these Terms and the remaining provisions will continue in full force and effect, unless to do so would alter the basic agreement between you and MYOB, in which case either party can terminate your participation in the Program at its election.
62. No waiver of any provision of these Terms, or any breach of these Terms, will be effective unless it is in writing and signed by us. No waiver of any provision or breach will be deemed to be a waiver of any other provision or breach, or a continuing waiver of the same or any other provision or breach.
63. Nothing in these Terms creates or implies any partnership, joint venture, agency, fiduciary, or employment relationship between you and us. You and we are independent contractors and neither of us has any authority to bind or commit the other in any way.