Reckon Partner Programs | Affiliate Partner

Affiliate Partner Terms and Conditions

This Agreement governs the relationship between you, a Reckon Affiliate Partner, and us, Reckon Limited (ABN 14 003 348 730) referred to in this Agreement as Reckon. This Agreement also covers the terms according to which we will sell you Software as a re-seller.

MEMBERSHIP CONDITIONS FOR AFFILIATE PARTNERS

APPLICATION PROCESS
You may apply to Reckon to become an Affiliate Partner by completing and correctly signing the application form. Reckon is under no obligation to approve an application. You warrant the truth, completeness and accuracy of all information supplied in the application and as supplied from time to time in connection with Affiliate Partner membership. Please note that only businesses (including sole traders) may apply to become Reckon Affiliate Partners.

Reckon is under no obligation to accept you as member of the Affiliate Partner Program.
MEMBERSHIP OF PROFESSIONAL BODIES
Membership of the Affiliate Partner Program is available to Accountants in public practice in Australia, independent and Consultant Bookkeepers in public practice in Australia, and as approved by Reckon: Business and IT Consultants and Tax Agents only.
All applicants are required to meet the criteria set by Reckon before an application can be processed. Approval is not guaranteed and remains within the discretion of Reckon.
The applicant warrants that relevant membership criteria have been satisfied. Reckon reserves the right to make inquiries of the relevant professional body of which you are a member, as indicated in your membership application, in order to confirm your membership status. Reckon may also check any references that you provide or which have been requested by Reckon or make any other inquiries to verify your credentials and information provided in your application. Other applicants may be accepted as Affiliate Partners on a case by case basis.
Only one membership is available for your business.
MEMBERSHIP BENEFITS
i. Benefits of membership are provided as specified on the Reckon website www.quicken.com.au which may be changed or withdrawn by Reckon from time to time in its absolute discretion.
ii.Reckon may terminate the Affiliate Partner program at any time in its absolute discretion.
RECKON AFFILIATE PARTNER – PRIVACY DISCLOSURE
Under the Privacy Act (Cth) 1988 and pursuant to the National Privacy Principles, Reckon is obliged to inform you of the following. The information we ask you to provide as part of the application process is used to assist us in offering you services under the Reckon Affiliate Partner Program to communicate with you about the Affiliate Partner Program and Reckon products as well as informing you about product upgrades and important changes to the product and to provide you with details of training programs offered by our network of Accredited Professional Partners (this information essentially comprises your name, your company, contact details and high level business details (if appropriate)). We may also use this information to inform you about other Reckon or related products and services and it will be provided to our network of Accredited Professional Partners who may contact you in connection such training programs. Reckon is sensitive to its users’ need for privacy, and retains strict control over the information that it gathers from its users. If you do not provide us with all of the information that we seek as part of the registration process, this may result in Reckon being able to less effectively communicate with you. Under the National Privacy Principles, you are able to gain access to any personal information that we hold about you. If you wish to know the procedure in order gain access to the information held about you or wish to see Reckon’s Privacy Policy Statement please refer to our website, www.quicken.com.au or contact us on 1300 784 253.
USE OF SOFTWARE
You agree that, by accessing any of the online software provided as part of the Affiliate Partner membership, you agree that your use and access to the software is granted to you as a privilege of the Affiliate Partner membership and is governed by the licence agreement in relation to the relevant software –and that this the software may only used by you, the registered member and your business as described in the application form. You may not sell, rent, lease, or otherwise provide access to the software to any other party (this includes remote systems and bureaux) other than in accordance with the licence and the terms of your Affiliate membership. The number of user licenses shall be determined by Reckon. The applicant agrees to use its best endeavors and to take all reasonable steps to safeguard use and access to software to ensure that there is no unauthorised use, copying or distribution of the software. Any rights to use the software are entirely conditional upon you remaining an Affiliate Partner.
ADHERENCE TO ETHICAL GUIDELINES
As an Affiliate Partner, you agree to adhere to the ethical guidelines as issued by your governing or peak body in Australia or any similar guidelines required by Reckon. In particular, you agree to adhere to any guidelines concerning the transfer of clients from one service provider to another. This may be relevant in circumstances where, for example, you have provided training in Reckon products to another service providers’ client.
CONFIDENTIALITY OF PRICES, AFFILIATE PARTNER SPECIFIC SERVICES
You agree to keep all pricing information provided to you confidential and not share or distribute it to clients or any other person or company. In addition, you understand that the priority telephone, email and web based services for Affiliate Partners are not to be provided to other parties, as these are made available as a preferential service to Affiliate Partners only.
RIGHT TO TERMINATE
Reckon may without notice immediately terminate your appointment if you:
i. enter into any arrangement where there is a conflict of interest or potential conflict of interest between yourself and Reckon without Reckon’s prior written consent;
ii.act in a unprofessional and unethical manner in your dealings and activities under or in connection with your appointment as an Affiliate Partner and do anything that would bring Reckon into disrepute or diminish the reputation or goodwill associated with the Reckon Products; or
iii. in any way breach the software licensing agreement.
You acknowledge that your continued membership as an Affiliate Partner is not guaranteed and that Reckon reserves the right to terminate your membership if in its discretion it is deemed necessary to do so.
In all cases Reckon may terminate your membership on no less than thirty days prior written notice in which case you will be pro-rata refunded any membership fees.
GENERAL
i. All products are sold or supplied on these terms and conditions.
ii. No commissions are paid to Affiliate Partners for any products re- sold.
iii. Affiliate Partners may qualify for a re-seller discount on CashBook Online only.
ORDERING
All orders for products must be presented on a valid purchase order, by telephone or e- mail or purchased online via Reckon’s website where approved by Reckon in writing, with a reference number if requested.
PAYMENT TERMS
i. Unless otherwise authorised in writing all products must be paid for in cash prior to supply. Credit terms may be approved by Reckon in writing only. The period for payment on such credit terms may be stated on the invoice and payment in full is due within the times specified on the invoice. If at any time any amount on credit is overdue, the entire outstanding balance becomes immediately due and Reckon reserves the right to discontinue supply to you until such time as you are fully paid up.
ii. Reckon may at any time and without assigning any reason, terminate or suspend any right to purchase products on credit. All money owed by you shall become immediately due upon the commencement of any act or proceeding for your winding up or placement into any form of insolvency or administration, whether formal or informal.
iii. Reckon reserves the right to charge interest at the Commonwealth Bank Reference Rate plus 2% per annum on any money due but unpaid, calculated daily from the due date until payment is received by Reckon.
iv. Reckon also reserves the right to recover from you any costs associated with recovering overdue amounts, including collection agent fees and legal fees on a solicitor/own client basis.
PRICING
Reckon reserves the right to amend the pricing of products and will provide you with prior written notice, which may include e-mail, at the address specified on the application form or as last specified by you in writing, of any amendments. All amounts charged to you will include GST where appropriate. Please note that keeping address details up to date is your responsibility.
RETENTION OF TITLE
Title in the products shall be retained by Reckon until the purchase price has been paid in full in cleared funds, without any set off, withholding, counter claim or deductions. Until such time as the price is so paid in full, Reckon may enter your premises (or the premises of any associated person where the products are located) without liability for trespass or any resulting damage and terminate your access to the products or otherwise terminate or prevent access to the products. If the products are re-sold by you, the proceeds of such sale shall be held by you in a separate identifiable account as the beneficial property of Reckon and shall pay such amount to Reckon upon request. Notwithstanding the above Reckon shall be entitled to maintain an action to recover the purchase price from you. Risk in the products passes upon delivery to you. You acknowledge and agree that these terms and conditions constitute a security agreement in relation to Reckon’s security interest in all the present and after-acquired products in accordance with the Personal Property Securities Act 2009 (Cth) (“the PPSA”). You also acknowledge and agree that the PPSA applies to Reckon’s security interest hereunder.
SOFTWARE LICENSING
The terms and conditions relating to the licence of product comprising software are separately provided when accessing all software online, and govern yours or any end user’s use of the software in question. Nothing in the sale or supply of any products to you is to be construed as conferring any rights whatsoever to any intellectual property in such software.
1TERMS OF SALE
All goods or services are sold on a firm sale basis only. This means that no exchanges or credits will be given.
USE OF TRADEMARK
i.     Reckon reserves the right to set requirements for the use of any trademarks, logos, designs, devices, and service marks (“brands”) for the purpose of promotion of affiliation. You must abide by any style guide issued from time to time by Reckon (whether or not through Reckon or directly from Reckon) (“Style Guide”). Such guidelines may contain conditions of use of the QUICKEN mark in addition to or in substitution of the above. Quicken and QuickBooks and the logos are trademarks and service marks of Intuit Inc., registered in the United States and other countries and used by Reckon under license. You agree not to infringe any Copyright in the form of information or services by copying, re- transmitting, or disseminating any Copyright material (except where it is expressly permitted by Reckon). This also applies to any trademark of Reckon or a third party associated with Reckon.
ii.     You may not use the brands or other intellectual property of Reckon Limited or Intuit Inc. unless agreed to in writing by us. We may withhold consent for any reason and without stating a reason.
iii.     The Quicken, QuickBooks, CashBook, CashBook logo, Reckon, Reckon Online, Reckon logo or Reckon Online logo may only be used by yourself, TOGETHER WITH YOUR COMPANY NAME.
iv.    When using any of the logos, it must be in accordance with the Style Guide and as outlined in the following points:
•    it must be it must be clearly displayed;
•    with nothing obscuring the image;
•    accompanied by your company name;
•    and displayed without competitor information
v.     You may not claim any relationship with Reckon other than as contained in the logo and you will at no time represent to any third party that you are acting other than as an independent contractor on your behalf or on behalf of the company that employs you.
vi.     You will indemnify Reckon and its affiliates against all losses, claims, suits and cases as a result of any breach by you of the terms of this agreement.
vii. You may not use the logo on or in any unlawful or illegal publications or in any publications, which contain hate speech, racial, or sexual or other discriminative material or pornography.
viii. We may amend or withdraw any consent at any time and you will agree to abide by all such amendments or withdrawal of consent.
LIABILITY
i.     To the fullest extent permitted by law (and except as specifically provided in these terms and conditions) all express and implied warranties and conditions under statute or general law as to merchantability, description, quality, suitability or fitness for any purpose or otherwise are expressly excluded and Reckon shall not be liable for any physical or financial injury, loss or damage or for consequential loss or damage arising out of the supply or operation of the Products or arising out of Reckon’s negligence or in any other way whatsoever.
ii.     Reckon’s liability for a breach of a condition or warranty which by law is incapable of exclusion is limited (but only to the extent permitted by law) at Reckon’s option to:
•    Replacement of the Products or the supply of equivalent products; or
•    The cost of replacing the Products or acquiring equivalent products; and
•    In the case of services – to the supplying of the services again or the payment of the costs of having the services supplied again.
WAIVER
Failure or neglect by Reckon to enforce any of these terms and conditions shall not be construed as a waiver of Reckon’s rights nor affect Reckon’s rights to take any subsequent action.
SEVERABILITY
If any provision in these terms and conditions is held to be invalid, unlawful or unenforceable, such provision shall be severed from these terms and conditions without affecting the validity and enforceability of the remaining terms and conditions.
ENTIRE AGREEMENT
20.1. This document supersedes and replaces any arrangements, representations, understandings or agreements made or existing between you and Reckon and constitutes the entire agreement relating to the supply of the Products except as Affiliate Partner Terms and Conditions otherwise may be agreed in writing.
20.2 To the best of the knowledge and information of Reckon and its representatives, all facts, information and figures contained in this application and attachments are true and accurate at the time of printing. Reckon reserves the right to make any changes in information, membership entitlements and product inclusions, as it may deem necessary, without prior notice.
GOVERNING LAW
These terms and conditions shall be construed in accordance with the laws of New South Wales.
CONFIDENTIALITY
You agree to keep all pricing information provided to you confidential and not share or distribute it to clients or any other person or company.
ASSIGNMENT
It is important to Reckon that we know who we are appointing as Affiliate Partners. Your corporate identity is important to us and therefore no part of this agreement may be assigned by you without Reckon’s prior written approval.
RECKON CUSTOMERS
24.1 Subscribers will not receive any additional benefit from Reckon by having been referred by you and will pay the current price applicable to the product or membership in question. The subscriber will be bound by and be subject to the applicable terms and conditions of the relevant Reckon product and/or membership.
24.2 Notwithstanding the referral by you of a subscriber to Reckon, the relationship of that subscriber is between that subscriber and Reckon and subject to the terms and conditions governing the relevant product.

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Affiliate Partner Terms and Conditions