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Partner agreement

Last updated: 23 September 2020

You can become a recognised Frankie AI Partner and receive the benefits of the Frankie AI 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 Frankie AI’s Terms of Use, as updated or amended from time to time in Frankie AI’s discretion (Frankie AI’s Terms of Use), 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.

Frankie AI 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 Frankie AI’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.

Partnership Prerequisites

Prior to being accepted to the Program, you must:

  1. Fill out a Partner Application Form
  2. Commit to having at least one merchant that will install a Frankie AI service on their Ecommerce store within 90 days
  3. Have at least 1 staff member commit to completing Frankie AI advisor certification within 60 days

(together, the Partnership Prerequisites).

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

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 Partner Benefits of the Program, as modified or updated by Frankie AI from time to time, at the specified status level, including:

  • One free subscription to each Frankie AI service for internal use by your business
  • Access to Partner-only information and support from a Frankie AI Account Manager.

Ongoing Obligations

To maintain status as a Frankie AI Partner, you agree to:

  • Actively promote Frankie AI to existing and potential clients consistent with your professional and ethical obligations.
  • Maintain an active hyperlink to www.FrankieAI.com (adhering to the Frankie AI Brand Guidelines).
  • Conduct your business under this Agreement in a manner that reflects favorably upon Frankie AI, its products, and its goodwill and reputation
  • Not engage in illegal, deceptive, misleading, or unethical trade practices.
  • Ensure that at least one staff member is up to date with Frankie AI advisor certification at all times
  • Maintain at least one paid client subscription to your Partner account on an ongoing basis.
  • Act in good faith in the offering and use of Frankie AI

Duration of the Partner Agreement

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

  • Superseded by Frankie AI at any time effective upon the online publication of updated or modified terms – notice of relevant material updates and modifications to this Agreement 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, Frankie AI’s Terms of Use will continue to apply to your use of the Services (as defined in Frankie AI’s Terms of Use) that Frankie AI may make available to you as a non-partner, and the following sections of this Partner Agreement will survive any such termination: “Applicability of Frankie AI’s Terms of Use”, “Relationship of Parties” and “Indemnity”.

Tracking Partners Referrals

Frankie AI will assign the Partner a tracking code and Client discount code.

Installations of Frankie services that come from the Partner tracking code or that have Clients applying the Partners discount code to their Frankie AI installation, will automatically be assigned to the Partner. In the event that the partner believes clients are not correctly assigned or are missing from regular reports, they should contact their Frankie AI Account Manager.

Payment of Partner Benefits

Subject to the terms of this Agreement, Frankie AI shall pay the Partner the applicable Partner Benefits as set forth in the Partner Benefits. Payments of Partner Benefits are made quarterly and are accompanied by a report, in reasonable detail, showing the calculation of the Partner Benefits. Payments are typically made via Paypal. The Partner is solely responsible for remitting all taxes associated with any Partner Benefits paid to it under this Agreement. All disputes related to Partner Benefits must be submitted, in writing, to Frankie AI within thirty (30) days of release of payment and provide reasonable details to review the dispute.

Partner 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 Frankie AI on matters relating to the Partner Points Scheme (including status level and the operation of the points system) will be final.

Partner Points

Your partner status is determined in accordance with the Partner Points Guide. When you and your clients use Frankie products, you receive points that help increase your partner status and rewards. This guide has been developed to give an overview of how you can earn points in the Frankie AI Partner Program.

Earn points for every client

How to earn points

  • Have a merchant install and activate a Frankie service using your Partner Tracking Code
  • Have a merchant use your Partner Discount Code on a paid Frankie service

Things to note:

  • Points will be calculated based on active paying subscriptions used by a legal entity.
  • Point values per clients are described on the points guide page of FrankieAi.com.
  • At least 1 member of your staff must hold a current Frankie AI advisor certification. Your membership to the program may be suspended in the event that no-one associated with your firm has a current Frankie AI advisor certification.
  • This points program may be superseded by Frankie AI at any time effective upon the online posting of modified points scheme.

Relationship of parties

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

Applicability of Frankie AI’s Terms of Use

This Partner Agreement applies in addition to, and should be read in conjunction with, Frankie AI’s Terms of Use, which are incorporated in this Partner Agreement by reference to the extent applicable and which govern matters in relation to your dealings with Frankie AI, including limitations on liability, indemnification, intellectual property, and governing law.
In the event of any inconsistency between this Partner Agreement and Frankie AI’s Terms of Use, Frankie AI’s Terms of Use will take priority.

Indemnity

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

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