Fergus Partner Terms of Service

FERGUS PARTNER: TERMS OF SERVICE

Both Fergus and the partner agree to undertake reasonable action to achieve the outcomes of this partner agreement. 

1. Partner Type 
   1. You can apply to be a certified partner with the opportunity to sell Fergus and then support those Fergus users or be a referral partner and benefit from referring prospective to Fergus for us to look after. 
2. Partner Tiers 
   1. Your partner tier is determined by your total number of converted referrals for referral partners and converted sales for certified partners.
   2. As your tier increases, you become eligible for benefits, bonuses and for certified partners, revenue share.
3. Details of Partner Benefits
   1. Support Channels
      1. The Fergus Support Team operates 24 / 5 schedule and provides assistance via phone, live chat, and email to address customer questions and issues.
      2. All support queries from customers referred by Referral Partners will be handled directly by the Fergus Support Team.
      3. Certified Partners are expected to manage and resolve level one and level two support queries for their Fergus customers.  Any queries requiring level three support or higher can be escalated to the Fergus Support Team for further assistance.
   2. Partner Directory Listing
      1. As a Fergus Partner, your business will be featured in our Partner Directory This provides you increased visibility and valuable exposure to Fergus customers actively seeking services like yours. This listing helps showcase your expertise and strengthens your connection to the Fergus community. Partners may update their directory profile as needed to keep information accurate and relevant.
   3. Marketing Materials
      1. As a Fergus Partner, you’ll have access to co-branded marketing materials, including Fergus brochures that you can customise with your business branding. You’ll also receive official Fergus logos to display on your website or landing pages, showcasing your partnership and enhancing credibility with your audience.
   4. Partner Customer Offers
      1. Fergus may permit partners to offer special promotions to prospects. Any such promotion must be pre-approved in writing by Fergus before being presented to prospects.
   5. Fergus Customer Offers
      1. Fergus may occasionally offer promotions to prospective customers. Approved partners are authorised to promote these offers, provided they follow the Fergus promotion terms and guidelines. Fergus will notify partners of such offers and may provide supporting marketing materials. Promotions may be modified or withdrawn at Fergus’s discretion, and partners must update their promotions accordingly.
   6. Training Resources
      1. Fergus will provide training resources tailored to your partner type, helping you upskill on the platform and stay informed about new releases. Training will be available through webinars or via a Fergus learning management system. 
   7. Fergus Demo Account
      1. Fergus will provide the partner with their own Fergus Demo Account. This Fergus Account will provide the ability to connect with the partners prosepcts and clients that are using Fergus. Additionally, the partner can use this Demo Account to showcase Fergus to any potential prospect.
   8. Partner Portal Access
      1. Fergus will provide partners with access to their own dedicated portal. Through this portal, partners can access a unique trial link to connect referrals to their account, as well as training materials and promotional resources.
   9. Advisory Board
      1. Once a partner meets the required tier qualifications, they will be invited to join the Fergus Advisory Board. The board will meet on a quarterly basis to discuss upcoming product enhancements, provide feedback on the platform, and cover any other relevant topics to help shape the future of Fergus.
   10. Inclusion in Beta Access
       1. Once a partner meets the required tier qualifications, they will be invited to participate in Fergus Beta Access. Participation is at Fergus's discretion and will apply to product enhancements that require a beta program. Partners will be encouraged to test these enhancements and provide valuable feedback to help refine the product before its official release.
4. Background
   1. Fergus is Fergus Software, the business that owns and operates the Fergus application.  A partner is a businesses or individual who has joined the Fergus Partner Program. A client is a business or individual who uses the Fergus application.
5. The Partner agrees to the following
   1. To earn and maintain certified status, certified partners must ensure at least one staff member completes the Fergus Certification and maintains the certification status annually.
   2. Refrain from using the name Fergus in the partner’s business name or product names.
   3. Not represent themselves as Fergus, or agents of Fergus, in any form of marketing or advertising, or in any communications with clients or potential clients.
   4. Always make clear that the services and products provided by the Partner are offered by the Partner, not by Fergus.
   5. Partner Customer offers must be agreed with Fergus in writing, prior to the start of the  promotion of the offer.
   6. Certified partner must offer clients value-added services that feature and include responding to their client enquiries from Clients about Fergus within two business days.  
   7. In their first year as a partner, partner activity will be reviewed monthly and partner tier adjusted as new referrals or sales are added.   After their first year, partner activity will be reviewed in July and January. A partner’s tier will be assessed comparing actual performance over the previous 12 months.  
   8. Fergus reserves the right to decline any organisation or individual from being a Fergus partner for any reason, without explanation.
6. Fergus agrees to the following:
   1. Provide access to the Fergus Partner Portal, which provides:
      1. A unique trial link that connects your referral to your partner account
      2. Training Materials
      3. Promotional materials
   2. Inform partners of their eligible partner awards.
   3. Promote the partner to prospective clients via the Partner Directory.
7. Client Connections
   1. Certified partners must maintain a Fergus partner login for each their clients in the Fergus application to support their clients and enable any revenue share calculations.
   2. While a client connection is active:
      1. The partner may log in to the Client’s account
      2. No other partners may connect to the client
   3. Partners connect to their clients by completing the online form accessed from their Partner Portal. The next time the client logs in to their Fergus Account, they will receive a notification that the partner wishes to connect and can either accept or decline the invitation. Once the client accepts, the partner and client are connected.
   4. The Client may disconnect from the partner at any time by de-activating the partner’s support account within their Fergus account.
8. Partner Payments
   1. Fergus pays commission to partners under two programs, the Bonus and the Revenue Share programs. Both programs are described in more detail in the sections below.
   2. To receive commission payments, partners are required to sign up to the Fergus Partner Portal Partners will also have to provide their bank account and GST/VAT details to Fergus.
   3. Fergus pays out commission to partners monthly on the 20th of each month.
   4. Any bank transfer fees or taxes associated with payment of the partner’s commission balance may be deducted from the amount paid to the partner. 
9. Bonus Program
   1. Partners can earn a one-off payment for new clients who become paying customers after signing up to Fergus using the partner’s referral link. The partner’s referral link is available in the “Your referral link” section of the Partner Portal.
   2. Bonus conditions:
      1. The Referral or Sales Bonus is a one-off bonus. The bonus amount is determined by the partner’s type and tier at the time the account closed.   
      2. Client must sign up using the partner’s Referral Link to be eligible for the one-off referral bonus.
      3. The customer will have paid three Fergus issued monthly invoices for the partner to be eligible for the bonus.
      4. Any client that is referred to the partner by Fergus is ineligible for the bonus. Partners who encourage the client to close their Fergus account and create a new Fergus account using the partner’s Referral Link will have their partner account terminated.
10. Revenue Share
    1. Certified Partners can earn revenue share based on the monthly recurring Fergus invoices of their connected clients.  The revenue share percentage is determined by the partner’s type and tier at end of the month prior to the sale closing.
    2. Once a client has paid three Fergus issued invoices, revenue share is available for the lifetime of the connection between the partner and the client provided the revenue share conditions are continuously met.
    3. Revenue Share conditions:
       1. The partner agrees to provide on-going, level one and level two support to the Client. 
       2. The partner to be the first point of contact for the Client’s Fergus support enquiries.
       3. The partner is connected to the client as set out in the Client Connections section of this document.   
       4. Partner provides other related, value-adding services to the client which the partner will bill the client for independently.   
    4. Revenue share payment begins after the customer has paid three Fergus issued subscription monthly invoices.  
    5. The partner may choose to charge the client separately for their support services. 
11. Duration of the agreement
    1. Once the partner application has been accepted by Fergus, this agreement will remain in place until terminated by either party.
    2. Fergus reserves the right to change any part of this agreement by providing notice of one month to the partner.
    3. Either party may terminate this agreement for any reason, giving notice of one month. Upon termination, any partner commission balance to the termination date will be paid by Fergus and there will be no payments after termination date. 

Referral Partner