Client Storm Agents > Agent Registration
To become an agent for clientstorm you are required to pre-purchase three user accounts. Once you have completed the registation process you will be contacted regarding your payment options.
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Customer Agreement
1. Definitions and Interpretations 1.1 Definitions The following words have these meanings in this agreement unless the contrary intention appears: “Agent” means the party which has executed this agreement and the Client Storm Agent for Recipient Created Tax Invoices & Payment by Electronic Funds Transfer Form. ”Commission” per cent of all revenue received by Client Storm from each relevant Customer introduced to Client Storm by the Agent during the term. “Customers” means those persons and or entities who have successfully applied to receive Client Storm Services. “Intellectual Property” includes all business practices including price lists and details of Commission, all Customer information including Customers lists and all other information of a confidential nature and trade secrets relating to this agreement and Client Storm Services. “Client Storm” means Client Storm Pty Ltd (ABN 50 086 416 908). “Services” means Marketing Campaign Manager supplied by Client Storm and any additional product which Client Storm may determine from time to time. 1.2 Interpretation (a) All notices must be in writing sent by post, email, facsimile or hand delivery. The postal addresses and facsimile numbers of Client Storm and the Agent appear below on this agreement. (b) Headings in this agreement are for convenience and do not affect its interpretation. (c) Where the terms of this agreement are inconsistent with the provisions of the Fair Trading Act of Western Australia, those terms shall be excluded from this agreement. (d) Any and all implied warranties, terms and conditions shall, except where otherwise provided by statute, be excluded from the agreement. 2. Agency Agreement 2.1 Consideration Client Storm and the Agent each acknowledge entering into and incurring obligations and giving rights under this agreement for valuable consideration. 2.2 Agreement The Agent agrees to sell, market, distribute and promote Client Storm Services to potential Customers and to secure for Client Storm no less than two (2) new subscriptions (“Customers”) for such Services each calendar month during the term. Subject to each Customer subscribing to such Client Storm Services and Client Storm approving such subscription, Client Storm agrees to pay the Agent Commission in accordance with the terms contained herein. 2.3 No Authority To Bind The Agent is not authorised to bind Client Storm to supply Services to a Customer. The supply of Services to a Customer remains at all times in the sole discretion of Client Storm. 3. Terms 3.1 To be a reseller with Client Storm, any potential reseller must be an established business, with verifiable Professional references and currently engaged in reselling business and/or technology solutions. This program is not for end users. If you would like to join the Client Storm Agent Program, you must plan to resell our products. 3.2 Subject to Clause 9, this agreement shall commence from the date hereof and will remain in force until terminated by either Party providing thirty (30) calendar days notice in writing. 4. Additional Services 4.1 Client Storm may provide additional products and Services to be marketed and sold by the Agent under this agreement from time to time. 5. Commission 5.1 Upon satisfaction of the conditions precedent set out in Clause 2, Client Storm agrees to pay the Agent the relevant Commission in the middle of each calendar month for the preceding calendar month during the term of this agreement. 5.2 Commission payment amount must be at least $50 (AUD). If it has not been reached then payment is rolled over to the following calendar month. 6. Representations & Warranties 6.1 Each Party to this agreement represents and warrants to the other party that it has: (a) power to enter into and observe its obligations under this agreement; and (b) in full force and effect the authorisations necessary to enter into this agreement and to observe obligations under it. 7. Agent Obligations 7.1 The Agent agrees to: (a) Use its best endeavours to sell, market, distribute and promote Client Storm Services to potential Customers; (b) Respond to initial enquiries from potential Customers regarding the Client Storm Services; (c) Promptly provide any assistance and information potential Customers may require in respect of an application to subscribe for the Services. For example, this includes, but is not limited to, ensuring the prompt submission to Client Storm of all application forms and related documents required by it to deliver the Services to the Customer. (d) Comply with all Client Storm directions and administrative procedures that exist from time to time; (e) Restrict representations made concerning Client Storm and the Services to statements authorised by Client Storm and factual matters advised to the Agent by Client Storm; (f) Comply on time and at all times with the requirements of any authority which regulates the carrying on of the business of agents selling the Services; (g) Not to solicit nor receive secret profits from any party in relation to Client Storm Services; (h) Perform all of its obligations under this agreement in accordance with best commercial practices; (i) Not rebrand the Company’s products; (j) Act in accordance with Client Storm values and never to belittle or defame Client Storm, its brand and/or its reputation; and (k) Ensure that all information provided by the Agent to Client Storm in the Client Storm Agent for Recipient Created Tax Invoices & Payment by Electronic Funds Transfer Form is true, current and correct at all times during the term. 8. Client Storm Obligations 8.1 Client Storm agrees to: (a) Pay Commissions promptly; (b) Supply Agent support through our Agent hotline on 1300 665 066; and (c) Support agents with Client Storm promotional material from time to time. 9. Termination 9.1 Subject to clause 3 above, Client Storm shall be entitled to terminate this agreement immediately and without notice to the Agent upon the occurrence of any of the following events: (a) If the Agent breaches any term of this agreement and such breach continues for a period of thirty (30) calendar days after being notified of such breach by Client Storm in writing; (b) If the Agent becomes bankrupt or any other event of insolvency occurs; or (c) If there is a material change of the legal or beneficial control of the Agent. Upon such termination all monies due and owing by Client Storm to the Agent shall be due and payable and any Agent entitlements to receive commissions or discounts of any form shall cease immediately. 10. Notices 10.1 Any notice, approval, consent or other communication in connection with this agreement: (a) if a corporation, may be given by an Authorised Officer of the relevant party; (b) must be in writing; and (c) must be left at the address of the addressee, or sent by prepaid ordinary post to the address of the addressee as specified below or sent by facsimile to the facsimile number of the addressee specified in this agreement. 10.2 Unless a later time is specified in it a notice, approval, consent or other communication takes effect from the time it is received. (a) a letter, or facsimile is taken to be received: (i) in the case of a posted letter, on the third day after posting; and (ii) in the case of a facsimile, on production of a transmission report by the machine from which the facsimile was sent which indicates that the facsimile was sent in its entirety to the facsimile number of the recipient notified for the purpose of this clause. (b) an email is taken to be received by a party twenty four (24) hours after it has been sent by the sender. 10.3 Any notice to be delivered to Client Storm must be sent as follows: Title: National Agent Network Manager Address: GPO Box C121 Perth, Western Australia 6839 Email: agents@clientstorm.com.au Facsimile: 1300 554 160 11. Miscellaneous 11.1 Governing Law This agreement shall be interpreted and enforced according to the laws of Western Australia. 11.2 Severability If any part of this agreement becomes unenforceable, that part shall be separated from this agreement so that all other parts remain effective. 11.3 Confidentiality The terms and conditions and all other matters relating to this Agreement shall be confidential and shall not be disclosed without the prior written consent of the other party. 11.4 Intellectual Property All rights, title and interest to any Intellectual Property created under this agreement shall vest, upon creation, with Client Storm. 11.5 Assignment This Agreement and any right created therein may not be assigned or transferred to any third party without the prior written consent of Client Storm, which it may withhold in its absolute discretion. 11.6 Counterpart This agreement may consist of a number of counterparts and the counterparts taken together constitute one and the same instrument. 11.7 Costs and Expenses Client Storm shall not be liable to pay or reimburse the Agent for any expenses or charges the Agent may incur in connection with implementing this agreement
I have read and I agree to the above terms and conditions.
I do
NOT
agree to the above terms and conditions.
(c) Client Storm 2006
